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, TUESDAY, MARCH 4, 1997 No. 26 House of Representatives The House met at 12:30 p.m. and was way and rail projects without affecting safe highway connection to our Federal called to order by the Speaker pro tem- California’s Federal highway assist- Interstate System. pore [Mr. EWING]. ance. Our legislation would establish a The San Diego & Arizona Eastern f $500 million border infrastructure fund Railroad would establish a direct and to pay for construction and improve- important transcontinental commer- DESIGNATION OF SPEAKER PRO ments to border area infrastructure TEMPORE cial rail link between San Diego and and would fund Federal loan guaran- the rest of the United States. This link The SPEAKER pro tempore laid be- tees to rehabilitate shortline freight is critical for the economic develop- fore the House the following commu- railroads. ment of our port and for creation of nication from the Speaker: Historically, U.S. investment in its thousands of jobs. Both priorities are transportation infrastructure has re- HOUSE OF REPRESENTATIVES, high on the list for the city and county Washington, DC, March 4, 1997. sulted in a system of roads, highways, of San Diego, the San Diego Associa- I hereby designate the Honorable THOMAS bridges, railroads, airports, and sea- tion of Governments, our chamber of W. EWING to act as Speaker pro tempore on ports that is unmatched around the commerce, our port and business and this day. world. This transportation system has NEWT GINGRICH, political leaders all through our coun- been crucial in keeping America’s ty. Speaker of the House of Representatives. economy strong. f Similarly, we know that border infra- With this infrastructure in place, San Diego would achieve its rightful status MORNING HOUR DEBATES structure is absolutely essential for the continued economic development of my as a world class, 21st-century city with The SPEAKER pro tempore. Pursu- city and county of San Diego, and we an open door to the great future of the ant to the order of the House of Janu- cannot afford to see America reverse Pacific rim trade. Without it, Ameri- ary 21, 1997, the Chair will now recog- this infrastructure investment policy ca’s sixth largest city is relegated to a nize Members from lists submitted by now. Yet that is precisely what is hap- ‘‘bedroom community’’ status with no the majority and minority leaders for pening because of Federal inaction on door to the vast world just outside its morning hour debates. The Chair will border infrastructure issues. Further doorstep. alternate recognition between the par- inaction will place our national trans- The lesson is simple. The Federal ties, with each party limited to not to portation infrastructure and our eco- Government must take responsibility exceed 30 minutes, and each Member nomic well-being in great jeopardy. for its trade policies and accept the except the majority and minority lead- Federal mandates regarding trade consequences of its action. We must er limited to not to exceed 5 minutes. and immigration have placed a tremen- stop passing the infrastructure buck. The Chair recognizes the gentleman dous strain on roads, bridges, high- from California [Mr. FILNER] for 5 min- ways, and rail lines that simply cannot I am glad to say there is a glimmer of utes. accommodate the increased traffic that hope, however. The Clinton administra- tion has heard our pleas and will soon f results from these decisions. State Route 905 in San Diego and the reestab- announce its proposals to fund border THE BORDER INFRASTRUCTURE lishment of the San Diego & Arizona construction and trade corridor im- SAFETY AND CONGESTION RE- Eastern Railroad are just two such un- provements in the Infrastructure Safe- LIEF ACT funded mandates in the city of San ty and Congestion Relief Act. We wel- Mr. FILNER. Mr. Speaker, I was hon- Diego. come the administration’s response ored yesterday to join Senator BAR- By order of the Federal Government, and we look forward to their rec- BARA BOXER in San Diego, CA, in my all commercial traffic traveling be- ommendations. district as we announced historic legis- tween San Diego and Tijuana, the two Mr. Speaker, Senator BOXER and I lation to improve our Nation’s border largest cities on the United States- are taking the necessary steps to ac- transportation infrastructure. Today, Mexico border, uses a city street called cept our own Federal responsibility Senator BOXER and I will introduce Otay Mesa Road. Though it is cur- and will be working together with all this legislation that we have called the rently only a four-lane street, this road interested parties to begin addressing Border Infrastructure Safety and Con- carries hundreds of thousands of trucks this Federal obligation. We strongly gestion Relief Act. every week. It is time that the Federal welcome and encourage Congress and Mr. Speaker, it is critical that Fed- Government devoted its resources to the Clinton administration to join with eral funding be found for border high- establishing an effective, efficient, and us.

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.

H711 H712 CONGRESSIONAL RECORD — HOUSE March 4, 1997 SUPPORT DISPLAY OF TEN tury that would cut America off from who were killed or who had dis- COMMANDMENTS IN COURTROOMS its past heritage. appeared. We heard reports of police The SPEAKER pro tempore. Under It is dangerous. It is dangerous be- breaking into homes in the middle of the Speaker’s announced policy of Jan- cause it creates a valueless void that the night and arresting young people. uary 21, 1997, the gentleman from Flor- allows the words of Madonna, the ac- We met one young man whose ear had been slashed by the Indonesian secu- ida [Mr. SCARBOROUGH] is recognized tions of Dennis Rodman, and the life of during morning hour debates for 5 min- Larry Flynt to replace the very ideas rity forces. People were afraid to talk to us, ever conscious of the pervasive utes. in our civilization and in our society Mr. SCARBOROUGH. Mr. Speaker, I that Washington, Jefferson, Madison, military and security presence on the island. I felt like I was back in Roma- come before this Chamber today to and Lincoln built the bedrock of this nia in 1985 under the tyranny of give my strongest commendations to great Republic upon. If Americans scratch their head and Nicolae Ceausescu. the Congressman from Alabama [Mr. Last week I met with Jose Ramos- ADERHOLT], who is coming forward wonder why we are having ethical problems in Washington and in State Horta, who shared the 1996 Nobel Peace with a resolution today supporting the Prize with Bishop Belo. He came to placement of the Ten Commandments capitals across the country and in uni- versities, why there are cheating scan- Washington to raise awareness of the in a courtroom in his home State of conflict and told stories of torture and Alabama. dals, why violence is breaking out in the inner cities at an unprecedented repression on the island. A lot of people might ask, why do The United States, and the adminis- rate, they do not have to look any fur- you need to actually pass a resolution tration in particular, has an obligation ther than the fact of what Abraham supporting the placement of the Ten to illustrate to the world that cam- Lincoln said over 100 years ago. Commandments in a courtroom in paign donations have nothing to do We have got to stop denying the ex- America, because after all, there are with their policy in this region. We istence of a faith that our Founding two copies of the Ten Commandments have an obligation to speak out and Fathers built this Republic upon and at the Supreme Court of the United use our influence with the Indonesian States. Right in this Chamber, as you were not ashamed to state that. Government. walk out, the same door that the Presi- Forget about religion. We do not We should encourage Jakarta to ne- dent walks in, above that is a bust of want to establish a national religion. gotiate a peaceful settlement and in Moses who brought the Ten Command- But we also do not want to hide our the meantime reduce the repressive ments down from Mount Sinai. eyes from an American heritage that and heavy-handed police presence on I mean let us face it. Even though made us what we have been in the past the island. We should urge them to the radicals of the past 30 years do not and what we as Americans can be once allow human rights monitors. We like to admit it, that is a great part, again. should appoint a prominent American the Ten Commandments are a great f to work on this issue full time. This part of our American heritage. In fact, EAST TIMOR SHOULD BE HIGHER person would enhance the good work the very radicals who claim to try to PRIORITY FOR U.S. FOREIGN already being done by the United Na- tear God out of our public life, out of POLICY tions and U.S. Ambassador Stapleton our courtrooms, out of our schools, any Roy. A more aggressive diplomatic ef- The SPEAKER pro tempore. Under mentioning of it at all, who want to fort by the U.S. Government is needed. the Speaker’s announced policy of Jan- censor God and censor those who be- I have raised this issue with Sec- uary 21, 1997, the gentleman from Vir- lieve in the importance of faith and retary of State Madeleine Albright and ginia [Mr. WOLF] is recognized during this country’s destiny, they claim to National Security Advisor Sandy morning hour debates for 5 minutes. do it because they want to protect the Berger. I have urged them to prioritize Mr. WOLF. Mr. Speaker, I was Constitution, and yet the father of the this issue in U.S. foreign policy. But I pleased today to see the editorial, Constitution, James Madison, stated rise today to urge anyone who cares which I will submit for the RECORD, in about East Timor to do the same. while he was drafting the Constitution: the Washington Post about East b 1245 We have staked the entire future of the Timor. Like many issues in Washing- American civilization not upon the power of ton, one minute it is hot and the next I urge Members of Congress, religious government, but upon the capacity of the in- leaders, human rights activists and dividual to govern himself, to control him- minute it is not. The editorial writer cautions, ‘‘The Nobel Peace Prize anybody who is concerned, contact self and sustain himself according to the Ten Secretary Albright, contact Sandy Commandments of God. brought a brief flare of publicity to East Timor’s just but long neglected Berger at the White House and urge That was the father of the Constitu- them to focus on this issue. Write tion that said that, so why would the case, and then, just as Indonesia’s gov- ernment hoped, world tension turn them. Call them. Fax them. These are ACLU types respond to that? And the people in our Government who will would they call George Washington un- elsewhere.’’ But we must not let East Timor drop be looking at this issue. These are the American? Would they call George people who need to know that Ameri- off the radar screen. For over 20 years Washington a radical when he stood up cans care. at his Farewell Address and said, ‘‘It is the people there have suffered and The East Timorese are entitled to de- impossible to govern rightly without fought for their human rights, and it cide for themselves who they want to God and the Ten Commandments.’’ Or would be immoral to let them down run their affairs. Mr. Ramos-Horta is would they call Abraham Lincoln a now. The United States needs to focus calling for a plebiscite, a referendum. radical, a dangerous reactionary who on this issue more. We need to make it This is an idea worth considering. In in 1863 in a proclamation wrote: a higher priority with regard to our the meantime they are entitled to live We have grown in numbers, wealth and foreign policy. in peace and without fear of repression. power as no other nation has ever grown, but In November, Bishop Carlos Ximenes Encouraging the Indonesian Govern- we have forgotten God. Intoxicated with un- Belo shared the 1996 Nobel Peace Prize ment to resolve this conflict once and broken success, we have become too self-suf- and he was nominated for the prize by for all is the least we can do as a coun- ficient to feel the necessity of redeeming and our colleague, the gentleman from try dedicated to freedom and justice preserving grace and too proud to pray to the Ohio [Mr. HALL]. He was nominated for and democracy. This is an important God that made us. his efforts to encourage peace, rec- issue for the United States. It is an im- Tom Hayden and Abbie Hoffman and onciliation and human rights. portant issue for the people of East those who were running around in the In January, I had the opportunity to Timor, who have suffered for 20 years. streets in the 1960’s that eventually be- visit Bishop Belo in East Timor. I Let President Clinton, let Secretary came tenured professors and lawyers found people were scared, scared of Albright, let Mr. Berger know that you for the ACLU might not like history, being arrested in the middle of the care. and maybe that explains why they night; scared of being tortured; scared Mr. Speaker, I include for the have been trying to revise history and of disappearing without a trace. People RECORD the editorial to which I re- trying to build a bridge to the 21st cen- I talked to had had family members ferred: March 4, 1997 CONGRESSIONAL RECORD — HOUSE H713 [From the Washington Post, Mar. 4, 1997] service members in the gulf at that Mr. EHLERS. Mr. Speaker, for years OFF THE SCREEN AGAIN time. the American public, and humans in Last October the Nobel Peace Prize went The depot at Kamishya, described to general, have been fascinated with the to two leaders of East Timor, a distant be the size of 25 B–25 hangers, was just possibility of creating human life by South Pacific island where a small popu- one of what may prove to be many other than the natural means. This has lation has been valiantly resisting Indo- sites where exposure occurred. The given rise to stories such as Franken- nesian colonization for more than two dec- bunkers were reportedly full of chemi- stein, the attendant movies, and other ades. The prize brought a brief flare of pub- cal and biological weapons. This infor- horror stories related to that. licity to East Timor’s just but long-ne- glected cause, and then—just as Indonesia’s mation was reported to commanders in This past week fears reached a new government hoped—world attention again charge but orders were given nonethe- height when we discovered that British turned elsewhere. Last week, one of the less to destroy the site. researchers had cloned a sheep. Imme- Nobel laureates, Jose Ramos-Horta, came to Until recently, veterans have been diately cries arose about the dangers of Washington, hoping to put East Timor back told that gulf war illness was a mental doing this, the British Government has on the international agenda. condition, stress, or posttraumatic threatened to withdraw funding for Over the years, the United States has of- stress disorder. A veteran from that research, et cetera. I would like to fered little assistance. Anxious to please a Whatcom County in my district back address the issue of cloning in general Cold War ally, U.S. officials looked the other home in Washington State has had a way when Indonesia occupied East Timor in but more specifically the issue of 1975 and when tens of thousands there died claim pending with the Veterans Ad- human cloning. from what the Nobel committee listed as ministration for over 4 years, only to As my colleagues may be aware, I do ‘‘starvation, epidemics, war and terror.’’ be told that they need more informa- have a scientific background, although President Clinton, early in his term, seemed tion to be able to rate him. not in the life sciences. I have to say ready to reverse traditional U.S. policy. His Just last week he was finally given a that I am not the least surprised that administration supported a United Nations rating of 60 percent for the gulf war ill- we were able to clone a sheep and will resolution criticizing Indonesia on human ness portion of his claim, but he is one not be the least surprised if someday rights, and in 1993 Mr. Clinton raised the of the few that have met with much issue of East Timor with Indonesian Presi- we will be able to clone a human being. dent Suharto. But then Mr. Clinton decided success for gulf war illness. However, I strongly believe it should that trade mattered above all, and the plight If you speak to the Veterans Admin- not be done. of East Timor again receded from U.S. policy istration about that 95 percent denial We have through the years tampered screens. rate for veterans claiming gulf war ill- with the normal reproductive process, Last week, Mr. Ramos-Horta, a kind of un- ness, the VA will respond that the 5 particularly as it relates to animals. official foreign minister, for the first time percent approval rate is really a great First evidence of that was artificial in- secured a meeting with senior officials in the achievement. My constituent and semination. Today most of the mam- State Department. This is a positive, if many others like him are waiting for mals produced for food, for dairy pro- small, step forward. It should be followed by more action. Indonesia is a modernizing na- the system that we are responsible to duction, and so forth, begin life tion of nearly 200 million people who live on oversee to finally look at the work of through the process of artificial insem- 6,000 islands. Its own interests are not served the reputable researchers who believe ination. We have even proceeded be- by keeping captive 600,000 Timorese living on they have identified the cause and via- yond that through surrogate parenting, one of those. Mr. Ramos-Horta is asking only ble treatment for many of the afflicted. selecting not only a father of choice for a plebiscite so the East Tiomorese can KREM television in Spokane, WA, but also a mother of choice, using in decide their own future. It’s a reasonable re- has shown an excellent series of sto- vitro fertilization, and placing the em- quest. ries, produced and reported by Mr. Tom bryo in the uterus of an animal which f Grant. Mr. Grant conducted interviews is very good at carrying young and giv- MAKE IT RIGHT WITH GULF WAR with veterans and researchers from ing birth to them. But now we have VETERANS around the country that illustrate the reached another stage where we have severity of the problem and show prom- through cloning created one animal The SPEAKER pro tempore (Mr. ising results with the treatment of the which is in all regards identical to the EWING). Under the Speaker’s an- drug Doxycycline. My office has a copy animal from which its DNA was taken. nounced policy of January 21, 1997 the of this statement and would be happy Immediately the specter arises of gentleman from Washington [Mr. to make it available to other Members. doing the same for humans. I can as- METCALF] is recognized during morning We owe it to our veterans not to bury sure you that, if we do not take steps hour debates for 5 minutes. our heads in the sand but to look at the to prevent research, in fact a human Mr. METCALF. Mr. Speaker, I rise sources of the problem and potential will be cloned. today to issue my personal plea for the solutions that fall outside the comfort Mr. Speaker, I do applaud the Presi- Department of Veterans Affairs and paradigm of the Department of De- dent for this morning issuing a morato- the Department of Defense to accept fense. If Doxycycline has helped some rium on the use of Federal funds for the fact that we have gulf war veterans of our veterans, our Government physi- human cloning experiments. As he says and family members who are very sick cians need to be free to dispense it to in his comments, and they need the best medical assist- others. There is much about cloning that we still ance available given without hesi- Finally, Mr. Speaker, our Govern- do not know. But this much we do know: any tation by these departments. ment evidently has not yet learned discovery that touches upon human creation While the issue is very serious, we from the post-Vietnam era of neglect is not simply a matter of scientific inquiry. can focus our concern later about who and denial that we appear to be wit- It is a matter of morality and spirituality as is responsible. Ignoring these sick and nessing another Agent Orange like de- well. disabled veterans does nothing for bacle, one of possibly much greater The President’s view is that human them not their families. More seri- magnitude. cloning would give rise to deep con- ously, this situation erodes public faith Now, not tomorrow, is the time to cerns, given our most cherished con- in our Government as a whole and make it right with our gulf war veter- cepts of faith and humanity. Each these departments in particular. ans, with their wives and their chil- human life is unique, born of a miracle In the last few months, more and dren. that reaches beyond laboratory more information has come out about f science. The President believes we the possibility of exposure to chemical must respect this profound gift and re- and biological weapons in the gulf re- HUMAN CLONING sist the temptation to replicate our- gion. Film footage of the destruction of The SPEAKER pro tempore. Under selves. That is precisely the danger we vast weapons storage areas have been the Speaker’s announced policy of Jan- face, that individuals with substantial played on the screens of television all uary 21, 1997, the gentleman from amounts of money and very large egos over America. The Department of De- Michigan [Mr. EHLERS] is recognized would decide that they are such a great fense has now admitted to the poten- during morning hour debates for 5 min- gift to humanity that in fact they tial for exposure of many thousands of utes. should be cloned, so that there would H714 CONGRESSIONAL RECORD — HOUSE March 4, 1997 be many copies of them to perpetuate and book fair. She is currently on the PRAYER their image and their ideas. board of directors of the Friends of the The Chaplain, Rev. James David Mr. Speaker, I want to make it clear Wichita Art Museum, which helps sup- Ford, D.D., offered the following pray- in my opposition to this possible prac- port the museum endowment. She has er: tice that I am not a Luddite. I do not been a member of the friends boards for We pray, gracious God, that though automatically react against techno- 8 years. the journey for justice may seem ardu- logical and scientific advances. Obvi- But Bev does not limit herself to just ous and the necessary tasks of life ously not, for I am a scientist and have one arts group. She is capable of serv- seem too burdensome, yet in Your participated in many advances. But ing multiple organizations at one time mercy we ask for support along the this issue of creating human beings and has served her community tire- way. May there be nothing that keeps through the cloning process raises such lessly in any number of capacities for us from achieving a full measure of fundamental issues of ethics, morality, 20 years, including school coordinator Your blessings or overwhelms us in our theology, and religious belief that I be- for sculpture in the Wichita Elemen- tasks. Teach us to walk by Your spirit, lieve we should not only do as the tary School Art Project when her be lifted by Your presence and enno- President suggests, withhold funding, grown children were youngsters. Bev is bled by Your grace. This is our earnest but I believe we should have an out- the quintessential volunteer, a fast- prayer. Amen. right ban on experimentation on fading commodity in most commu- f human cloning within the United nities. She serves on committees, takes States. leadership roles on boards, gives gener- THE JOURNAL Human life is sacred. The good Lord ously of her time and resources and is The SPEAKER. The Chair has exam- ordained a time-honored method of cre- an art collector and a patron of Wich- ined the Journal of the last day’s pro- ating human life, commensurate with ita and Kansas art. ceedings and announces to the House substantial responsibility on the part Bev serves on the board of directors his approval thereof. of the parents, the responsibility to of the Metropolitan Ballet of Wichita Pursuant to clause 1, rule I, the Jour- raise a child appropriately. Creating and served as president of that organi- nal stands approved. life in the laboratory as we do with zation from 1983 to 1986. In her 16 years human cloning is totally inappropriate on the board, she has sold advertising f and so far removed from the process of for the ballet programs, raised money PLEDGE OF ALLEGIANCE marriage and parenting that has been for guest artists, entertained the board instituted upon this planet that we and guests in her home, spearheaded a The SPEAKER. Will the gentleman must rebel against the very concept of fundraising drive for a new studio, from Ohio [Mr. CHABOT] come forward human cloning. It is simply wrong to helped paint and repair the studio, su- and lead the House in the Pledge of Al- experiment with the creation of human pervised painting and mailing of count- legiance. life in this way. less invitations and acted as usher to Mr. CHABOT led the Pledge of Alle- There are other aspects as well. What thousands of Wichita elementary giance as follows: do we do with the failed experiments, school children who have come to I pledge allegiance to the Flag of the the clones that go wrong? Are we sim- enjoy and appreciate the ballet United States of America, and to the Repub- ply going to say, well, they do not real- lic for which it stands, one nation under God, through Bev’s efforts and those who indivisible, with liberty and justice for all. ly matter because they were created in volunteer like Bev. the laboratory? Will we simply dispose As if she were not busy enough, here f of them as we do with laboratory ani- is a sampling of the other activities for MORNING 1-MINUTE SPEECHES mal experiments that go wrong? Obvi- which Bev has volunteered over the SERVE AN IMPORTANT FUNCTION ously you cannot. We are dealing with years: the Music Theater of Wichita human beings. Association, 1987 to present; Wichita/ (Mr. CHABOT asked and was given So because of the importance of this Sedgwick Historical Museum, women’s permission to address the House for 1 issue, the importance of preventing support group, from 1994 to present; minute and to revise and extend his re- human experimentation of this sort, I American Diabetes Association of Kan- marks.) will be introducing very shortly a bill sas; Wichita Center for the Arts—De- Mr. CHABOT. Mr. Speaker, the bipar- that will ban the use of Federal funds signing Women’s Support Group, from tisan practice of beginning each legis- for human cloning research and a sec- 1995 to present; the Women’s Associa- lative day with a series of 1-minute ond bill which will provide an outright tion of the Wichita Symphony from topical speeches is under attack. There ban on the practice of human cloning. 1987 to present, where she has served in is an effort in some quarters to muffle f various capacities, including young debate by pushing this segment back to people’s concert chairman and in var- the end of the day’s proceedings. If SPECIAL RECOGNITION OF MRS. that attempt succeeds, those Ameri- BEVERLY HOOVER ious leadership positions with the Decorators Showhouse. cans who try to follow this portion of The SPEAKER pro tempore. Under Mr. Speaker, I ask you to join me the proceedings may be deprived of this the Speaker’s announced policy of Jan- and my colleagues in Wichita Arts En- important opportunity. uary 21, 1997, the gentleman from Kan- thusiasts by honoring Bev for all of her These 1-minute speeches at the start sas [Mr. TIAHRT] is recognized during years of hard work and dedicated vol- of the business each day give Members, morning hour debates for 3 minutes. unteerism. even of low seniority, the chance to Mr. TIAHRT. Mr. Speaker, I rise speak on issues of real concern to the today to honor Beverly Hoover of f Nation. I know that I hear from people Wichita, KS. RECESS all over the country responding to Nominated for the Governor’s Arts what has been said during these 1-min- The SPEAKER pro tempore. Pursu- Award, Beverly Hoover is an arts vol- utes, and I think those people all over ant to clause 12 of rule I, the House unteer extraordinaire. Last year the the country who want to follow our stands in recess until 2 p.m. Wichita Art Museum gave her just that proceedings would be deprived, and I do Accordingly (at 12 o’clock and 58 title, volunteer extraordinaire in honor not want to see that happen. minutes p.m.), the House stood in re- of her 17 years of service. She became When individual Members seek to ad- cess until 2 p.m. volunteer to the Wichita Art Museum vance an agenda more far-reaching in 1980, serving as a docent which she f than even their leadership would pro- still does today. Bev was instrumental b 1400 pose, these 1-minutes provide a good in raising funds for the Hands On Gal- forum for discussion. Morning 1-min- lery in 1982. She served as president of AFTER RECESS utes were tolerated by Democratic the volunteer council, chairman of The recess having expired, the House leadership and they have been contin- bake sales, coordinator of holiday was called to order by the Speaker at 2 ued under Republican leadership. They trees, and president of the annual art p.m. should not be shoved to the end of the March 4, 1997 CONGRESSIONAL RECORD — HOUSE H715 day in an effort to squelch the ex- issued. Many farmers in my district are ‘‘There are a lot of ways to make change of views. agonizing over whether their land will money in this country and lots of ways f be accepted into the CRP or if they to spend it, but there’s only one way to should prepare to plant a crop. spend time with yourself, family, or CHILDREN’S HEALTH CARE I will be keeping a very close eye on friends, and that’s to have time to COVERAGE A TOP PRIORITY how USDA handles the sign-up process, spend.’’ (Ms. DELAURO asked and was given and will be more than ready to act Linda Smith, an employee with the permission to address the House for 1 should things not go as planned. I urge Bascom Palmer Eye Institute in minute and to revise and extend her re- my colleagues to do the same. Miami, FL, testified that she could marks.) f save her overtime hours up for further- Ms. DELAURO. Mr. Speaker, may I ing her education, taking care of a de- END VOODOO ENVIRONMENTALISM first associate myself with the remarks bilitated parent or spending time with IN YELLOWSTONE PARK of my colleague in terms of the oppor- her young daughter. tunity to talk about issues that come (Mr. HILL asked and was given per- Please support the needs of these em- up and do it at the beginning of the mission to address the House for 1 ployees and others by supporting H.R. day. I think the 1-minutes are a useful minute and to revise and extend his re- 1, the Working Families Flexibility tool, and helpful to the public in terms marks.) Act. of following the debate here. Mr. HILL. Mr. Speaker, it is time to f Mr. Speaker, I came to Congress to hold the Park Service accountable for fight for working families, and there is its management of Yellowstone Na- ANNOUNCEMENT BY THE SPEAKER no issue more important to the health tional Park. For 30 years Yellowstone PRO TEMPORE of families than the health and well- has been managed with a hands-off pol- The SPEAKER pro tempore (Mr. being of their kids. Expanding health icy called natural regulation: a 1960’s GOODLATTE). Pursuant to the provi- care coverage for the 10 million unin- idea that scientists last week in testi- sions of clause 5, rule I, the Chair an- sured children in this Nation must be mony described as both foolish and nounces that he will postpone further at the top of our legislative agenda. misguided. proceedings today on the motion to There are kids without health insur- We have a crisis brewing in Yellow- suspend the rules on which a recorded ance in all kinds of families. The vast stone Park. As a result of overgrazing, vote or the yeas and nays are ordered majority, 90 percent, are the children the beaver population, deer population, or on which the vote is objected to of working parents. But their parents even the endangered grizzly bear’s under clause 4 of rule XV. either lack health insurance them- habitat have been severely damaged. Such rollcall vote, if postponed, will selves or their health plans do not Tall willows have been reduced by 95 be taken on Wednesday, March 5, 1997. cover their kids. percent. Aspen trees are disappearing. Children living without health insur- Stream banks are eroding 100 times f ance are hurt in so many ways. They faster inside the park than outside its AUTHORIZING THE SPEAKER TO are less likely to have a family doctor, boundaries. ENTERTAIN MOTIONS TO SUS- less likely to receive preventive care, Bison, however, are so numerous PEND THE RULES ON WEDNES- less likely to receive treatment, even they have overgrazed available pasture DAY, MARCH 5, 1997 AND THURS- for serious illness, and thus are less land. This winter over 1,000 bison DAY, MARCH 6, 1997 likely to grow up healthy and to be starved to death or fled the park look- productive adults. ing for food, and officials at the De- Mr. CANADY of Florida. Mr. Speak- I urge the leadership to move the ex- partment of the Interior say the cru- er, I ask unanimous consent that on pansion of children’s health care to the elty of starvation is good for the herd. Wednesday, March 5, 1997, the Speaker top of their legislative agenda, so we One of every two bison now carry a dis- be authorized to entertain motions to can make sure that the 10 million unin- ease that causes abortion in cattle and suspend the rules and agree to the fol- sured kids in this country have a death in humans. lowing resolutions: chance to grow up healthy, ready to Mr. Speaker, this plan, a ‘‘let it House Concurrent Resolution 17, con- learn, and to succeed in life. starve’’ version of the old ‘‘let it burn’’ gratulating the people of Guatemala on the success of the recent negotiations f policy, can be replaced. We can do bet- ter. Let us stop this voodoo to establish a peace process for Guate- SUPPORT THE CONSERVATION environmentalism, and preserve and mala; House Concurrent Resolution 18, RESERVE PROGRAM protect Yellowstone Park. congratulating the people of the Re- public of Nicaragua on the success of (Mr. BARRETT of Nebraska asked f and was given permission to address their democratic elections; and Senate the House for 1 minute and to revise REASONS TO SUPPORT THE WORK- Concurrent Resolution 4, commending and extend his remarks.) ING FAMILIES FLEXIBILITY ACT and thanking the Honorable Warren Mr. BARRETT of Nebraska. Mr. (Mr. BALLENGER asked and was Christopher for his exemplary service Speaker, I rise today to express my given permission to address the House as Secretary of State. support for the Conservation Reserve for 1 minute and to revise and extend And that on Thursday, March 6, 1997, Program, or CRP. Originally it was his remarks.) the Speaker be authorized to entertain used as a supply management and con- Mr. BALLENGER. Mr. Speaker, em- a motion to suspend the rules and pass servation tool. Over time, it has be- ployees want more flexibility and the following bill: come the conservation program of choice in their work schedules. Unfor- H.R. 513, the District of Columbia choice for most producers. In addition, tunately, there is a provision in the Council Contract Review Reform Act of it has gained the full-fledged support of Federal law which prevents employers 1997. many different conservation, environ- from being able to provide their em- The SPEAKER pro tempore. Is there mental, and sportsmen’s groups. ployees with flexibility in one area: objection to the request of the gen- The 1996 farm bill gave the U.S. De- giving them the choice of paid comp tleman from Florida? partment of Agriculture broad author- time or cash wages for working over- There was no objection. ity to develop a CRP policy that would time. f provide the Nation with the most con- The Subcommittee on Workforce servation benefits for each of the dol- Protections recently heard testimony REGARDING THE TEN lars invested. USDA has worked hard from witnesses in support of the Work- COMMANDMENTS to develop such a policy, and I applaud ing Families Flexibility Act, which Mr. CANADY of Florida. Mr. Speak- their efforts. would allow employers to offer employ- er, I move to suspend the rules and However, many of my constituents, ees their choice of time or money. pass the concurrent resolution (H. Con. like me, are concerned with the un- As Peter Faust, an employee with Res. 31) expressing the sense of Con- timely manner in which the rule was the Opportunity Village in Iowa said, gress regarding the display of the Ten H716 CONGRESSIONAL RECORD — HOUSE March 4, 1997 Commandments by Judge Roy S. Of course, as we all know, the Ten order is being reviewed by an Alabama Moore, a judge on the circuit court of Commandments have, both for Jews Supreme Court. This is not a matter on the State of Alabama. and Christians, great religious signifi- which we have jurisdiction. The rulings The Clerk read as follows: cance, significance which far tran- to date are completely consistent with H. CON. RES. 31 scends their role in the development of the precedents that have been long es- Whereas Judge Roy S. Moore, a lifelong our laws. But that certainly does not tablished by the courts. This case is resident of Etowah County, Alabama, grad- mean that we should censor or prohibit still pending and we should not inter- uate of the United States Military Academy their display in public places. fere with these proceedings. with distinguished service to his country in There seems to be some confusion If the hanging of these Ten Com- Vietnam, and graduate of the University of about what the Constitution requires mandments is unconstitutional, then it Alabama School of Law, has served his coun- with respect to the display of items or really does not matter what we think. try and his community with uncommon dis- tinction; documents with some religious signifi- We should abide with the law. If they Whereas another circuit judge in Alabama, cance. The first amendment, contrary are constitutional, then let the process has ordered Judge Moore to remove a copy of to what some people believe, does not go forward. the Ten Commandments posted in his court- require us to drive every such docu- Mr. Speaker, I think one of the im- room and the Alabama Supreme Court has ment or symbol from the public square. portant factors is that one’s religious granted a stay to review the matter; As Justice Rehnquist has stated, beliefs should not be a factor in wheth- Whereas the Ten Commandments have had ‘‘The Establishment Clause does not er or not one will receive justice in a significant impact on the development of require that the public sector be insu- America’s courts. This is the issue pre- the fundamental legal principles of Western Civilization; and lated from all things which may have a sented by this amendment. It is not Whereas the Ten Commandments set forth religious significance or origin.’’ about the Ten Commandments or one’s a code of moral conduct, observance of which The U.S. Supreme Court has never feelings about the Ten Commandments. is universally acknowledged to promote re- ruled directly on the constitutionality It is about a courtroom remaining a spect for our system of laws and the good of of displaying the Ten Commandments fair place for all religions. The court- society: Now, therefore, be it in the courtroom. Only one lower Fed- room loses its neutrality when it en- Resolved by the House of Representatives (the eral court has addressed this issue. In dorses a specific religious doctrine. De- Senate concurring), That it is the sense of Congress that— that case, Harvey versus Cobb County, spite my own beliefs in favor of the Ten (1) the Ten Commandments are a declara- a Federal district court judge ruled a Commandments, I do not believe that tion of fundamental principles that are the copy of the Ten Commandments could my personal views should be forced on cornerstones of a fair and just society; and not lawfully be displayed in the Cobb others seeking the objective forum of a (2) the public display, including display in County courthouse unless the Com- court of law. government offices and courthouses, of the mandments were part of a larger dis- The first amendment reads in part, Ten Commandments should be permitted. play that included other documents of therefore, that Congress should make The SPEAKER pro tempore. Pursu- historical and educational significance. no law respecting an establishment of ant to the rule, the gentleman from The Ten Commandments, held by religion or prohibiting the free exercise Florida [Mr. CANADY] and the gen- Moses the Lawgiver, are found in the thereof. The posting of the Ten Com- tleman from Virginia [Mr. SCOTT] each chamber of the U.S. Supreme Court. mandments in the courtroom is an in- will control 20 minutes. Moses is one of the 23 marble relief por- tentional governmental establishment The Chair recognizes the gentleman traits of the lawgivers displayed over of religion. The courts have already from Florida [Mr. CANADY]. the gallery doors of this Chamber. spoken on this issue. Mr. CANADY of Florida. Mr. Speak- Mr. Speaker, if you will look back at In Stone versus Grahm, the Supreme er, I yield myself such time as I may the back of the Chamber, you will see Court struck down a Kentucky law re- consume. Moses displayed prominently looking quiring the posting of the Ten Com- Mr. Speaker, I rise today in support down over this Chamber. There are sev- mandments in public schools. At least of House Concurrent Resolution 31, in- eral other religious symbols and items one Federal court has already decided troduced by the gentleman from Ala- on the Capitol grounds which time does that the posting of the Ten Command- bama, Mr. ADERHOLT. I want to com- not permit me to name. In addition, we ments in a courtroom is unconstitu- mend Mr. ADERHOLT for introducing begin our daily business in this Cham- tional, and there is no precedent to this resolution and the gentleman from ber, as we did today, with prayer, ei- suggest that this resolution could pos- Illinois, Chairman HYDE, for agreeing ther by a chaplain paid for by the sibly be constitutional. to discharge the Committee on the Ju- House or by an invited member of the Mr. Speaker, I reserve the balance of diciary so that the House may consider clergy. my time. this resolution without further delay. In conclusion, let me say the Con- Mr. CANADY of Florida. Mr. Speak- This resolution expresses the sense of stitution does not require and the peo- er, I yield 4 minutes to the gentleman Congress that the Ten Commandments ple of this Nation do not desire Govern- from Alabama [Mr. ADERHOLT], the are a declaration of fundamental prin- ment officials to strip all documents of sponsor of this resolution. ciples and that the public display of historical significance which enshrine (Mr. ADERHOLT asked and was the Ten Commandments should be per- standards of morality from public view given permission to revise and extend mitted. simply because they have a religious his remarks.) There is a situation in the district of basis or origin. I urge the passage of Mr. ADERHOLT. Mr. Speaker, I the gentleman from Alabama, Mr. this resolution. would like to thank the chairman of ADERHOLT, in which the State circuit Mr. Speaker, I reserve the balance of the Subcommittee on the Constitution court judge has been ordered by an- my time. [Mr. CANADY] for his support of this other circuit court judge to remove the Mr. SCOTT. Mr. Speaker, I yield my- resolution, as well as the numerous hand-carved rendition of the Ten Com- self such time as I may consume. friends and colleagues who have ap- mandments displayed in his courtroom Mr. Speaker, our religious freedom is proached me in support of Judge Moore and to cease inviting clergy to lead ju- the foundation of our free society. This in Gadsden, AL. ries in prayer prior to their hearing country was established on the high Mr. Speaker, the Constitution guar- cases. ideals of allowing everyone to practice antees freedom of religion. This resolu- Our purpose here today is not to pres- the religion of their choice without in- tion does not endorse any one religion sure any court to rule one way or an- terference of government. This resolu- but, rather, states that a religious other in any particular case; rather our tion, unfortunately, represents a re- symbol which has deep-rooted signifi- purpose is to state our support for the treat from that very principle that has cance for our Nation and its history display of the Ten Commandments and made us a great and tolerant Nation. should not be excluded from the public to acknowledge that the Ten Com- square. b mandments are the foundation for the 1415 When Alexis de Tocqueville came to legal order in the United States and This case we address today involves a the United States in 1831 to study how throughout western civilization. judge whose refusal to obey a court our democracy was working, he was March 4, 1997 CONGRESSIONAL RECORD — HOUSE H717 struck by how religious America was. zation and the basis of our legal system and Islam. We have all studied them, He was impressed that a system of gov- here in America. To exclude a display many of us in this Chamber, and it is ernment that allowed such freedom of the Ten Commandments because it wrong to single out two religions and was able to maintain order. suggests an establishment of religion is carve what they believe on the walls. The Founders wisely realized that in not consistent with our Nation’s herit- Mr. Speaker, those are wonderful a free society, it is imperative that in- age, let alone common sense itself. moral precepts. I would hope that most dividuals practice forbearance, respect, This Nation was founded on religious of us in this Chamber follow them, and and temperance. These are the very traditions that are an integral part of I certainly follow them myself. On the values taught by all the world’s major the fabric of American cultural, politi- other hand, I do not think it is the role religions. The Founders devised a Con- cal, and societal life. of the Congress under article I to tell stitution that depended on religion How can we promote integrity in our the article III judiciary what your serving as a civilizing force in societal leaders and improve the moral fiber of courtroom should look like. That life. John Adams, our second President, our people without a basis in some ab- courtroom ought to be a place of neu- and one of the intellectual forces be- solute standard? trality, where the issues can be fought hind the formation of our Nation, said Mr. SCOTT. Mr. Speaker, I yield 5 out without any prejudgments having that ‘‘our Constitution was designed minutes to the gentleman from Califor- been made. And my feeling about this for a moral and religious people only. nia [Mr. HORN]. resolution suddenly coming to the It is wholly inadequate to any other.’’ Mr. HORN. I thank the gentleman floor, popping out of nowhere—as if But strangely today, there are those from Virginia for yielding me this Peter Pan was floating around the who seem determined to drive all trace time. Chamber dropping resolutions here and of religion from the public sphere. Mr. Speaker, this is a very difficult there to be acted upon. Such a proce- They ignore the religious traditions on resolution. I have had long, long feel- dure violates every tradition of this which this great Nation was founded ings that political figures should not House in terms of reference to commit- and work to drive religion and reli- use religion for political gain, and it tee, careful consideration and thinking gious people out of public life. bothers me when I see something come through the implications of an action Many of my colleagues are aware to the floor, with no committee hear- before we simply use religion to ad- Judge Roy Moore, a circuit court judge ings by either Judiciary, on which I do vance political careers. in Gadsden, AL, which is located in my not serve, or on Transportation and In- Mr. CANADY of Florida. Mr. Speak- district, has been ordered to take down frastructure, on which I do serve. er, I yield 3 minutes to the gentleman a two-plaque replica of the Ten Com- If someone wants to have the Ten from Georgia [Mr. BARR], a valued mandments displayed in his courtroom. Commandments in their government member of the Committee on the Judi- ciary. This case is currently pending before office and there is no interaction with Mr. BARR of Georgia. Mr. Speaker, I the Alabama Supreme Court. the public, that is certainly a right thank the gentleman for yielding me Many of my colleagues have noted they can have under the first amend- this time, and I thank the gentleman before that this House Chamber con- ment. from my neighboring State of Alabama tains the face of Moses and the words And Moses, of course, begins the law- for having the courage and the back- ‘‘in God we trust’’ above the Speaker’s givers of history over our center door. bone to introduce this resolution in chair. Each day we open with prayer in He is the first one I point to when con- this Chamber. this great body, as was done a few min- stituents are brought into the House Mr. Speaker, today, March 4, is the utes ago, and yet a small courtroom in Chamber by me. And he was a great anniversary of the first day that the Gadsden, AL, cannot hang a simple dis- lawgiver. Constitution of the United States of play of the Ten Commandments on the But the Constitution, I think, is very America went into effect in 1789, and it wall without running the risk of a law- clear. We have an article III judiciary is, therefore, I believe, Mr. Speaker, an suit. that is independent of the legislative especially appropriate day, though any Yet this resolution today is not just and the executive branches And the ju- day is an appropriate day, to stand up about Judge Moore and it is not just diciary is independent with good rea- for freedom of religion and to stand up about the display of the Ten Command- son. And yet here we are intervening, for an exposition of the rule of law in ments in Gadsden, AL. It is about our or attempting to intervene, despite all our society, but this is an especially national heritage and the role that re- of the protestations I will hear, we are important and significant day to do ligion has historically played in our intervening in a State court case which that. national life. Our Nation was founded has not even reached the Federal Mr. Speaker, perhaps if Judge Moore on Judeo-Christian principles. courts, and it has certainly not been had in addition to the Ten Command- The migration westward across the reviewed by the Supreme Court of the ments a directive on that wall that ev- Atlantic, which began in the early 17th United States. erybody that comes in must bow down century, was due primarily to religious Now, the Chief Justice is not simply and pay homage or fealty to those, conviction. One of the most notable ex- Chief Justice presiding over the Su- that might be different. There is noth- amples of this was Roger Williams. preme Court. The Constitution des- ing mandatory and this Congress cer- Roger Williams was the one who first ignates him as Chief Justice of the tainly knows an awful lot about man- used the phrase ‘‘wall of separation’’ in United States. He heads the article III datory, the mandated this, that and reference to religious liberty. He ar- judiciary which is an independent the other things that we have passed gued that the reason there needed to be branch of government. over the years, unfunded mandates. a separation between the church and When you have this resolution in- What Judge Moore is doing is no more State was to protect the church, not clude courthouses, you make a major mandatory than any one of us standing the State. It is no small irony that the mistake. You tread on the article III up here as I stand here today and say father of our religious liberty is about judiciary. If you are in Detroit, where in God we trust, and in God we do to be removed from the Capitol ro- there are many Arabic citizens or in trust. And I do not think that the vast tunda. Long Beach where there are many majority of Americans think there is The phrase ‘‘wall of separation’’ was Cambodian citizens, and you are in a anything whatsoever wrong in having also used by Thomas Jefferson in his court case, and you walk into the their elected representatives believe letter to the Danbury Baptist Associa- courtroom, where you are involved in a and trust in God. tion. In this letter Thomas Jefferson case, and you see—under this resolu- Thank goodness, I suppose, in light of argued that the goal of this ‘‘wall of tion—the Jewish and Christian code on the arguments on the other side that separation’’ was to protect religious the wall, you might ask ‘‘Where is the Judge Moore did not have the audacity liberty, not to protect the workings of Islamic—or the Confucian—or the Bud- to include the Declaration of Independ- government from the influences of reli- dhist—code of morality?’’ ence on his wall. Maybe he did, and gion. Mr. Speaker, there are many great maybe they will now object to that, be- The Ten Commandments represent religions in this world, Buddhism, cause in the Declaration of Independ- the very cornerstone of western civili- Christianity, Confucianism, Judaism, ence itself, we find references to God, H718 CONGRESSIONAL RECORD — HOUSE March 4, 1997 and a creator, with a capital C and talking here about a sitting judge pre- us to govern ourselves, to control ourselves, with a capital G. siding in a courtroom into which peo- and to sustain ourselves according to the There is nothing mandatory in terms ple are brought, one assumes some- Ten Commandments of God. of forcing religion in this document times against their will. His freedom of Thomas Jefferson said, than there is in those Ten Command- religion as a citizen is not at issue I consider ethics as well as religion as sup- ments hanging on the wall which speak here. His freedom of religion in his plements to the law and the government of so eloquently about the rule of law home and any private premises he man. Clearly our Constitution and the Bill of that would make it unconstitutional in maintains to put whatever he wants up Rights are built on the foundations of ethics any way, shape or form. Indeed, what is untrammeled. His freedom to speak and morality found in the Ten Command- ments. could be unconstitutional is the efforts as he wishes as a citizen is made to take it down as an abridgment untrammeled. Jefferson’s concepts of life, liberty, of the constitutional right to freedom The question is, Do you bring people and the pursuit of happiness found in of speech in this country. into a courtroom who have to be there the Declaration of Independence also I say to Judge Moore: Carry on, and say to them officially, we feature have roots in the principles put forth Judge. Carry on as we will do here in this religious statement, because it is by the Ten Commandments. It is un- this Chamber despite the constant ef- there as a religious statement. Indeed, reasonable for anyone to contend that forts by the other side to demoralize, in defending this religious statement our forefathers did not use the Com- deemphasize this society, and stand by the judge some of the people on the mandments and God’s word as the mod- here proudly and say in God we trust other side would trivialize it. He is not els in which to pattern a new nation, a and, Judge Moore, we are glad that in putting the Ten Commandments up nation based on the protection of indi- God you trust, and I certainly hope there as an interesting historical fac- vidual liberties. that more of the defendants that ap- tor. He, I believe, himself has acknowl- Yet today, there are those who under pear in your courtroom also hear that edged it is up there as an expression of the cloak of separation of church and message because they will leave that the importance of religion. It is not state argue that the public display of courtroom then better citizens than just religion in general, which in itself our Ten Commandments in government when they came in, and that is indeed I believe would be unconstitutional, offices, courthouses, schoolhouses, is a something that all of us here should be but it refers to specific religions, Juda- threat to those liberties. applauding, not denigrating. ism and Christianity, which support In my own State of Alabama there Mr. SCOTT. Mr. Speaker, I yield 4 the Ten Commandments. And it is not are efforts to prevent Judge Roy Moore minutes to the gentleman from Massa- simply the principles of, that would from hanging the Ten Commandments chusetts [Mr. FRANK]. not be objectionable, it is that specific in his courtroom. The Constitution’s Mr. FRANK of Massachusetts. Mr. religious expression. main purpose is to preserve everyone’s Speaker, I know some have wondered It is simply inappropriate constitu- inalienable right to worship as they see why the pace of the House has been so tionally in this country to tell people fit. Public servants like Judge Moore slow this year. Here we are in March that the price of justice in Alabama or do not wish to promote any particular and we have not done any serious legis- anywhere else is to be acknowledging religious beliefs by displaying the Ten lating, and I guess people who have the superiority of 2 religions over oth- Commandments; instead, they only been worried about that can now take ers. People have said, well, you know, wish to post a reminder of what our so- heart. We are indeed legislating. We the separation of church and state was ciety generally agrees is right or what are in a congratulatory legislative to protect religion, not government. is wrong. The display of the Ten Com- mode. This week we will be congratu- That is right, and what you do not un- mandments is a poignant reminder. lating Guatemala, Nicaragua, Warren derstand is how you undermine reli- As elected officials, we have a re- Christopher, and Moses. gion. What you are saying is that the sponsibility to take a stand. We must protect and preserve the principles b 1430 Ten Commandments are not in them- selves strong enough to command re- that form the foundations of our soci- What we do I think is get 3 out of 4 spect. Religion cannot propagate them ety and our Nation. I believe that the right, because as the gentleman from sufficiently. We have to take a sitting Ten Commandments should be allowed California who preceded me noted, judge, with all of the powers of a sit- to hang in our public buildings as a re- what we have here is an effort to enlist ting judge and all of the authority minder of the fundamental principles religion into a political battle. No one vested in that judge and allow that of our Nation. thinks that this resolution will have judge to be the medium of educating The Commandments remind us that any influence on the outcome of a people about the Ten Commandments the Constitution was created to protect court case. Indeed, we would hope it while he is doing his judicial duty. the weak from the strong, not to pro- would not. There is going to be a judi- That is a denigration of religion. mote the tyranny of the strong. They cial proceeding. That is an assumption that religion remind us that we all have a moral ob- How often does Congress take sides cannot make it on its own, and it is an ligation to respect the rights of others. by resolution in a pending court case? inappropriate assumption and it vio- Mr. Speaker, I am proud to stand The answer, fortunately, is not very lates the constitutional right of people with my friend and colleague, Con- often. It does it apparently when we to say I do not believe in the Ten Com- gressman ADERHOLT, to preserve the have people in control of the House of mandments or I believe in 8 command- moral and ethical foundations of this Representatives who are lacking a leg- ments or 13 commandments. We are great country. Please support the pas- islative agenda, who are unhappy about clearly here for political purposes seek- sage of this very important resolution. a vacuum, and therefore put this into ing the capturing of the Ten Command- Mr. SCOTT. Mr. Speaker, I yield 4 it, as has been noted by my colleague ments, not to inculcate respect for minutes to the gentleman from North from California, without any hearing, them but to deal with a political prob- Carolina [Mr. WATT]. without any chance to amend it. lem. Mr. WATT of North Carolina. Mr. For instance, some people might Mr. CANADY of Florida. Mr. Speak- Speaker, I want to thank my friend want to vote for this, for all but sec- er, I yield 3 minutes to the gentleman from Virginia for yielding me this time tion 2. Some people might, feeling the from Alabama [Mr. RILEY]. to debate this issue. need, want to talk about what a won- Mr. RILEY. Mr. Speaker, I rise today Mr. Speaker, I had the fortune of derful thing the Ten Commandments in support of the Aderholt resolution being born and reared in a house that is, or are, I am not sure of the gram- expressing the sense of Congress with adjoined the churchyard of the Mount mar, but why do we have to vote with- respect to the display of the Ten Com- Olive Presbyterian Church in Char- out a chance to amend on section 2? mandments. James Madison once de- lotte, NC, the church that I happen to Section 2 is relevant. clared, be still a member of, and grew up with The notion that this is freedom of re- We have staked the entire future of the a full understanding of what the Ten ligion seems to me wholly without any American civilization not upon the power of Commandments said and trying to intellectual respectability. We are government, but on the capacity for each of honor those Commandments. March 4, 1997 CONGRESSIONAL RECORD — HOUSE H719 Imagine the surprise yesterday when Mr. Speaker, Rutherford saw a basic adultery and to be truthful that we I received a phone call and had a mes- truth: Government not predicated upon must remove them? sage waiting for me when I arrived in an absolute is hardly a government at They also call us to remember that Washington saying that somebody all. This greatly impressed the Found- we are accountable to someone other wanted to talk to me about a resolu- ers of our Nation. than ourselves, they call us to live tion that was coming to the floor of Like it or not, the historical fact of lives of civility and respect to others. the U.S. House of Representatives in the matter is that the absolutes upon Is it so offensive to let people see the support of the Ten Commandments. I which most of the law of this country Ten Commandments? Let us support thought surely this must be a mistake. is derived, everything from the right to the resolution and the right of Judge I thought the Ten Commandments own property to the criminal codes, are Moore to hang the Ten Commandments were to be supported or not supported rooted in the Bible. in his courtroom. He should have the in a religious context, not in the Halls More specifically, much of the law same rights as the Supreme Court of of the Congress of the United States. can be traced to that ancient moral the United States. Imagine my surprise this morning code we call the Ten Commandments. Mr. Speaker, I include for the when I pulled out this and found it to Thank God that the Founders under- RECORD a copy of the Ten Command- be the calendar for the day. One item. stood the source of law. ments: No business yesterday on the floor of I cringe that a misguided judge could THE TEN COMMANDMENTS the House, no business today with the so construe the Constitution as to call [From Exodus 20:1–17] exception of one item; no business to- for the removal of the Ten Command- And God spoke all these words: morrow with the exception of 3 con- ments from the courthouse wall. I urge ‘‘I am the Lord your God, who brought you gratulatory bills, congratulating peo- a yes vote on this resolution. out of Egypt, out of the land of slavery. ple for something; no business the next Mr. CANADY of Florida. Mr. Speak- ‘‘You shall have no other gods before me. day in the House. I thought maybe this er, I yield 1 minute to the gentleman ‘‘You shall not make for yourself an idol in the form of anything in heaven above or on is April Fool’s that we are doing on the from Florida [Mr. SCARBOROUGH]. American people this week, but this is the earth beneath or in the waters below. Mr. SCARBOROUGH. Mr. Speaker, I You shall not bow down to them or worship not April. thank the chairman for bringing this I am a member of the Committee on them; for I, the Lord your God, am a jealous important issue up. I have to tell my the Judiciary. Until I got the call yes- God, punishing the children for the sin of the colleagues, it is humorous watching fathers to the third and fourth generation of terday from a constituent saying there people doing historical cartwheels, try- those who hate me, but showing love to a is something coming on the floor of the ing to rewrite history as radical revi- thousand generations of those who love me House about the Ten Commandments, sionists have been doing for the past 30 and keep my commandments. we had seen no sight of this resolution, years, trying to tell us that the Ten ‘‘You shall not misuse the name of the no debate in the Committee on the Ju- Lord your God, for the Lord will not hold Commandments is some political gim- diciary, no debate in any committee. anyone guiltless who misuses his name. I guess I should not be surprised, mick. Well, if it is, it is a political gim- ‘‘Remember the Sabbath day by keeping it however, because I got the statistics mick that the Father of our Constitu- holy. Six days you shall labor and do all last week that showed that we are only tion also employed. your work, but the seventh day is a Sabbath up to 25 bills on the floor of the House James Madison, in drafting the Con- to the Lord your God. On it you shall not do any work, neither you, nor your son or this session as compared to 175 or stitution, which radicals now claim to be trying to protect, said, daughter, nor your manservant or thereabouts at this time of the session maidservant, nor your animals, nor the alien 2 years ago. We ought to be ashamed of We have staked the future of the American within your gates. For in six days the Lord ourselves for parading this resolution civilization not on the power of government, made the heavens and the earth, the sea, and out here as if it was some kind of seri- but on the capacity of Americans to abide by all that is in them, but he rested on the sev- the Ten Commandments of God. ous business. enth day. Therefore the Lord blessed the This is not about whether you sup- The Father of our Country, George Sabbath day and made it holy. port freedom of religion or not. If you Washington, also talked about how this ‘‘Honor your father and your mother, so support freedom of religion, then you country could not be governed without that you may live long in the land the Lord God and the Ten Commandments and your God is giving you. would really be supporting the right of ‘‘You shall not murder. every American citizen to either be re- the Bible. Now, if the revisionists do not like ‘‘You shall not commit adultery. ligious or not be religious, support one ‘‘You shall not steal. religion or the other; you would not be that, that is fine, but please, do not in- ‘‘You shall not give false testimony bringing a resolution here supporting sult Americans’ intelligence, please do against your neighbor. just one form of religion. not try to do a verbal burning of our ‘‘You shall not covet your neighbor’s There are people in our country who American history books. Let us talk house. You shall not covet your neighbor’s have no allegiance to the Ten Com- about the simple facts. wife, or his manservant or maidservant, his mandments. And yet, here we are, all ox or donkey, or anything that belongs to b 1445 your neighbor.’’ of the issues that we have as a country pressing upon us, debating whether we Maybe that is why the Supreme Mr. SCOTT. Mr. Speaker, I yield my- ought to support the Ten Command- Court of the United States has two cop- self such time as I may consume. ments or not. We ought to be ashamed ies of the Ten Commandments on the Mr. Speaker, anyone thinking that a of ourselves, and we ought to vote this wall, while we have In God We Trust vote for this resolution represents a resolution down. It should never have and Moses on this wall. Let us get real. show of their own support for the vir- been here in the first place. Mr. CANADY of Florida. Mr. Speak- tues of the Ten Commandments should Mr. CANADY of Florida. Mr. Speak- er, I yield 1 minute to the gentleman take pause. This actually demeans er, I yield 1 minute to the gentleman from Florida [Mr. WELDON]. Christianity rather than upholds it. from Indiana [Mr. HOSTETTLER]. Mr. WELDON of Florida. Mr. Speak- Benjamin Franklin once wrote, (Mr. HOSTETTLER asked and was er, I submit for the RECORD a copy of ‘‘When religion is good, I conceive that given permission to revise and extend the Ten Commandments that I think it will support itself; and, when it can- his remarks.) will enhance our ability to conduct not support itself, and God does not Mr. HOSTETTLER. Mr. Speaker, I this debate in a civil manner. take care to support it, so that its pro- rise in support of this joint resolution. The debate today is over how far the fessors are obliged to call for the help In 1644 a Scotsman named Samuel hand of government will stretch to re- of the civil power, it is a sign, I appre- Rutherford penned a work entitled move religious symbols from the public hend, of its being a bad one.’’ ‘‘Lex, Rex’’ or ‘‘The Law and the square. Will our courts and Federal Mr. Speaker, Christians do not need Prince.’’ This book made quite a stir, Government continue the battle to re- the courts to endorse or legitimize our for it challenged the divine right of move all religious symbols from the religion, and asking for support from a kings; that is, it challenged the notion public square? Are the Ten Command- court for endorsement is self-defeating. that the law was whatever the king ments so offensive that they call us not Mr. Speaker, when the Virginia Stat- said it was. to murder, not to steal, not to commit ute for Religious Freedom was passed, H720 CONGRESSIONAL RECORD — HOUSE March 4, 1997 Thomas Jefferson wrote to James lowing a statement that calls upon lution to state whether they wish to Madison the following: ‘‘It is com- Judeo-Christian tenets and our belief have these words effaced from the wall fortable to see the standard of reason in the first amendment that clearly ar- here. If they do, then maybe they at length erected, after so many ages ticulates our belief in the right to free- would be consistent. during which the human mind has been dom of religion and certainly freedom But if they are not willing to say held in vassalage by kings, priests, and of speech. that, then I think they should not op- nobles; and it is honorable for us to Even as I rushed to the floor of the pose this resolution because displaying have produced the first legislature who House because I thought this delibera- the Ten Commandments in a court- has had the courage to declare that the tion was so key, I was admonished that room does nothing more to establish a reason of man may be trusted with the we begin our sessions with prayer. And, particular religion or religion in gen- formation of his own opinions.’’ yes, we do. And so it is important that eral in this country than the display of Mr. Speaker, this resolution comes to we provide comfort to those who want these words on the walls of this Cham- us without warning, without hearings, to participate in religious activities ber. without deliberation. It has come with- and we do. I believe in the Ten Com- Mr. SCOTT. Mr. Speaker, I yield my- out an explanation of why it is so ur- mandments. But we gave an option to self such time as I may consume just to gent that, if it is constitutional, the the honorable judge in Alabama and make a very brief comment in closing. We have to look at the context in process will work its will. If it is not that was that he could have the Ten this particular case, in this particular Commandments along with other arti- constitutional, it does not matter what courtroom. The context, as in the order we think. In either case, I do not think facts that would indicate the broadness against the judge, indicated that if he we should position ourselves with a and depth of his responsibility as a ju- had a display similar to the one in the judge for whom a court has ruled he is rist. Supreme Court that had the Ten Com- breaking the law and a judge who has Mr. Speaker, I believe this resolution mandments in the context of historical proclaimed that we will ignore the very is wrong. We have not had a hearing. It perspective where it is not specifically law he is supposed to uphold. begs the question of freedom of reli- singled out, not endorsed, then it Mr. Speaker, we have other things gion. We have freedom of religion, but would be okay. The court in this case that we should be doing, juvenile jus- the negative part of this particular res- was given that option and denied it be- tice, education, health care, employ- olution is it has a matter on the floor cause he said that he wants to make a ment, the budget. We should be attend- of the House that has no place here. We religious statement. ing to those rather than this resolution have the right to have freedom of reli- The context is such that one would that comes, as I said, without warning, gion across this Nation, but those who doubt whether or not they would have without hearings, and without delib- would come into that courtroom also a fair trial if they do not believe in eration. have the right to be acknowledged and that particular religion. Mr. Speaker, we should, therefore, recognized in their difference in beliefs, I do not think anyone thinks that defeat this resolution. their difference in interpretation of the their legislation may be in jeopardy Mr. CANADY of Florida. Mr. Speak- Ten Commandments, their belief or based on their religious beliefs based er, I yield 1 minute to the gentleman nonbelief in the Ten Commandments. on the statement right above your from Florida [Mr. STEARNS]. That is the freedom that we seek here head, Mr. Speaker. They are free to Mr. STEARNS. Mr. Speaker, I have by opposing this resolution, the free- state their beliefs and their position on here a dollar bill that says ‘‘In God we dom to be able to believe as one would legislation or the outcome of their leg- trust.’’ Behind the Speaker it says ‘‘In want to believe, the freedom to be able islation is not jeopardized by virtue of God we trust.’’ This finite example, to acknowledge that we believe. I be- those beliefs. these examples provide tangible proof lieve in the Ten Commandments, but I think it is reasonable to assume if of the traditional cooperation of that in the place of government, we you did not believe what the judge did, church and state. here in the United States Congress after he has stated a prayer, as he has, I say to the folks on this side, the should not be on one side versus an- and the one religion singled out for dis- Ten Commandments hang currently on other. We should be promoting the play, I think you could reasonably as- the wall of the U.S. Supreme Court in right to freedom of religion and free- sume that the outcome of your case a frieze. In fact the very chamber in dom of expression of those who might may be jeopardized if you do not enjoy which oral arguments on this case were oppose the display of the Ten Com- that same religion. It is the context in heard is decorated with a notable and mandments as it is presently exposed. which these Ten Commandments are permanent, not seasonal, symbol of re- I would simply say that our right presented that creates the problem. ligion, Moses with the Ten Command- here is to oppose the resolution, to sup- The court has been ruled out of order. Therefore, Mr. Speaker, we ments. port the first amendment and to sup- In order to preserve the religious should vote against this resolution. port freedom of religion. Mr. CANADY of Florida. Mr. Speak- principles on which our Nation was Mr. CANADY of Florida. Mr. Speak- er, I yield the balance of my time to founded, let us demonstrate today to er, I yield myself 1 minute. the gentleman from Alabama [Mr. the Nation our belief that the Ten Throughout this debate, I have been ADERHOLT]. Commandments are a cornerstone of a struck by the fact that inscribed over The SPEAKER pro tempore (Mr. fair and just society. the Speaker are the words ‘‘In God we GOODLATTE). The gentleman from Ala- Mr. Speaker, John Knox, the Scot- trust.’’ All of the arguments that are bama [Mr. ADERHOLT] is recognized for tish religious reformer, once wrote: ‘‘a being made that the Ten Command- 11⁄2 minutes. man with God is always in the major- ments should not be displayed in a Mr. ADERHOLT. Mr. Speaker, in ity.’’ We are a Judeo-Christian society. courtroom are equally applicable to conclusion I would like to say that this It is time we rose in support of it. the display of the motto ‘‘In God we resolution does not State that the Ten Judge Roy Moore’s courtroom illus- trust’’ here in this Chamber. Commandments must be displayed in trates his commitment to the tenets of Does in God we trust here mean that government buildings. It does not force the Ten Commandments. I urge my col- we are denying people religious free- anyone to believe in God, nor does it leagues to support our Nation’s found- dom? Does it mean that the people who force anyone to obey the Ten Com- ing principles and individual liberty by come into the Chamber to watch our mandments. It merely reaffirms the passing this resolution. proceedings are somehow discrimi- importance of a vital religious symbol Mr. SCOTT. Mr. Speaker, I yield 2 nated against if they do not believe in in American societal life. minutes to the gentlewoman from God? Does it mean that we are threat- As a nation we could do worse than Texas [Ms. JACKSON-LEE]. ening the Constitution? Does it mean to affirm these principles, that these (Ms. JACKSON-LEE asked and was we are undermining the Constitution principles have a place in our society given permission to revise and extend or undermining religious freedom? No. and in our legal system. her remarks.) It does not. Families in Oklahoma would still be Ms. JACKSON-LEE of Texas. Mr. And I would like to ask any of the whole if the perpetrators of the bomb- Speaker, it is appropriate to rise fol- Members who are opposed to this reso- ing had followed the command ‘‘thou March 4, 1997 CONGRESSIONAL RECORD — HOUSE H721 shalt not kill.’’ The streets of Los An- nounced policy of January 7, 1997, and Mr. DEFAZIO. geles would have been peaceful last under a previous order of the House, Mr. FRANK of Massachusetts. Friday if two men had followed the the following Members will be recog- Mr. WEYGAND. command ‘‘thou shalt not steal.’’ nized for 5 minutes each. Mr. KANJORSKI. Ronald Reagan said it best when he f (The following Members (at the re- stated that billions of laws have been quest of Mr. ADERHOLT) and to include enacted throughout history and none The SPEAKER pro tempore. Under a previous order of the House, the gen- extraneous matter:) of them have improved on the Ten Mr. PAXON. Commandments one bit. tleman from Colorado [Mr. SKAGGS] is recognized for 5 minutes. Ms. MOLINARI. Although this measure is a sense of Mrs. MORELLA. [Mr. SKAGGS addressed the House. Congress and it is not legally binding, Mr. GILMAN, in two instances. I strongly believe that this resolution His remarks will appear hereafter in Mr. GOODLATTE. is an important symbolic gesture. the Extensions of Remarks.] Mr. CRANE. I urge my colleagues to support f Mr. PORTER. House Concurrent Resolution 31. The SPEAKER pro tempore. The The SPEAKER pro tempore. Under a Mr. MCKEON. question is on the motion offered by previous order of the House, the gentle- Mr. CRAPO. the gentleman from Florida [Mr. woman from Texas [Ms. GRANGER] is f recognized for 5 minutes. CANADY] that the House suspend the ENROLLED BILLS SIGNED rules and agree to the concurrent reso- [Ms. GRANGER addressed the House. lution (H. Con. Res. 31). Her remarks will appear hereafter in Mr. THOMAS, from the Committee The question was taken. the Extensions of Remarks.] on House Oversight, reported that that Mr. CANADY of Florida. Mr. Speak- f committee had examined and found er, on that I demand the yeas and nays. The SPEAKER pro tempore. Under a truly enrolled bills of the House of the The yeas and nays were ordered. previous order of the House, the gen- following titles, which were thereupon The SPEAKER pro tempore. Pursu- signed by the Speaker: ant to clause 5 of rule I and the Chair’s tleman from Illinois [Mr. MANZULLO] is recognized for 5 minutes. H.R. 499. An act to designate the facility of prior announcement, further proceed- the United States Postal Service under con- ings on this motion will be postponed. [Mr. MANZULLO addressed the struction at 7411 Barlite Boulevard in San Mrs. CHENOWETH. Mr. Speaker, I rise in House. His remarks will appear here- Antonio, Texas, as the ‘‘Frank M. Tejeda support of House Concurrent Resolution 31, after in the Extensions of Remarks.] Post Office Building’’. the resolution supporting public display of the f H.R. 668. An act to amend the Internal Revenue Code of 1986 to reinstate the Airport Ten Commandments. The SPEAKER pro tempore. Under a Mr. Chairman, some complain that display- and Airway Trust Fund excise taxes, and for previous order of the House, the gen- other purposes. ing the Ten Commandments constitutes the tleman from California [Mr. establishment of religion. f ROHRABACHER] is recognized for 5 min- But, Mr. Chairman, the Ten Commandments utes. actually constitute the establishment of law. BILL AND JOINT RESOLUTION The Ten Commandments are one of the [Mr. ROHRABACHER addressed the PRESENTED TO THE PRESIDENT earliest examples of written law that society House. His remarks will appear here- Mr. THOMAS, from the Committee must have to survive. after in the Extensions of Remarks.] on House Oversight, reported that that Acknowledging that the rights of people and f committee did on the following date the responsibility to establish laws protecting present to the President, for his ap- SPECIAL ORDERS GRANTED those rights come not from government but proval, a bill and a joint resolution of from the Creator only acknowledges the truth. By unanimous consent, permission to the House of the following title: Acknowledging that our system of law is address the House, following the legis- On February 27, 1997: deeply rooted in the Judeo-Christian tradition lative programs and any special orders H.R. 499. An act to designate the facility of only acknowledges the truth. heretofore entered, was granted to: the United States Postal Service under con- The truth, Mr. Chairman, is that the Ten (The following Member (at the re- struction at 7411 Barlite Boulevard in San Commandments establish the very principles quest of Mr. SCOTT) to revise and ex- Antonio, Texas, as the ‘‘Frank M. Tejeda of a fair and just society. tend his remarks and include extra- Post Office Building’’. Alabama Governor Fob James should be neous material:) H.J. Res. 36. Joint resolution approving the Presidential finding that the limitation on commended for taking whatever steps are Mr. SKAGGS, for 5 minutes, today. obligations imposed by section 518A(a) of the necessary to resist the judicial tyranny which (The following Members (at the re- would force the removal of the Ten Command- Foreign Operations Act, 1997, is having a quest of Mr. ADERHOLT) to revise and negative impact on the proper functioning of ments from Judge Roy Moore's courtroom. extend their remarks and include ex- Mr. Chairman, I urge the House to pass this the population planning program. traneous material:) resolution. If we as a nation are to continue to f Ms. GRANGER, for 5 minutes, today. prosper, it will be as a result of the providence Mr. MANZULLO, for 5 minutes, today ADJOURNMENT and blessing of God and the ideals set out in and on March 5 and 6. each of the Commandments. Mr. ADERHOLT. Mr. Speaker, I Mr. ROHRABACHER, for 5 minutes, f move that the House do now adjourn. today. The motion was agreed to; accord- GENERAL LEAVE f ingly (at 3 o’clock and 1 minute p.m.), Mr. CANADY of Florida. Mr. Speak- EXTENSION OF REMARKS the House adjourned until tomorrow, er, I ask unanimous consent that all Wednesday, March 5, 1997, at 11 a.m. By unanimous consent, permission to Members may have 5 legislative days f in which to revise and extend their re- revise and extend remarks was granted marks on the concurrent resolution to: EXECUTIVE COMMUNICATIONS, consideration. (The following Members (at the re- ETC. The SPEAKER pro tempore. Is there quest of Mr. SCOTT) and to include ex- Under clause 2 of rule XXIV, execu- objection to the request of the gen- traneous matter:) tive communications were taken from tleman from Florida? Mr. SERRANO. the Speaker’s table and referred as fol- There was no objection. Mr. KENNEDY of Rhode Island. lows: f Mr. MATSUI. 2028. A letter from the Director, Office of Ms. NORTON. b 1500 Regulatory Management and Information, Mr. VISCLOSKY. SPECIAL ORDERS Environmental Protection Agency, transmit- Mr. MILLER. ting the Agency’s final rule—Thiazopyr: Pes- The SPEAKER pro tempore (Mr. Mr. WAXMAN. ticide Tolerances [OPP–300455; FRL–5591–5] GOODLATTE). Under the Speaker’s an- Mr. MARKEY. (RIN: 2070–AB78) received February 27, 1997, H722 CONGRESSIONAL RECORD — HOUSE March 4, 1997 pursuant to 5 U.S.C. 810(a)(1)(A); to the Com- 2040. A letter from the Director, Office of 2052. A letter from the Chairman, U.S. mittee on Agriculture. Regulatory Management and Information, Merit Systems Protection Board, transmit- 2029. A letter from the Administrator, Environmental Protection Agency, transmit- ting a report of activities under the Freedom Food and Consumer Service, transmitting ting the Agency’s final rule—National Pri- of Information Act for the calendar year the Service’s final rule—Food Assistance in mary Drinking Water Regulations: Analyt- 1996, pursuant to 5 U.S.C. 552(e); to the Com- Disaster and Distress Situations [Workplan ical Methods for Radionuclides [WH–FRL– mittee on Government Reform and Over- Number 90–0001] (RIN: 0584–AB55) received 5689–9] (RIN: 2040–AC88) received February 27, sight. February 27, 1997, pursuant to 5 U.S.C. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2053. A letter from the Secretary of the In- 810(a)(1)(A); to the Committee on Agri- Committee on Commerce. terior, transmitting the 1996 section 8 report culture. 2041. A letter from the Chairman, Nuclear on National Historic and Natural Landmarks 2030. A letter from the Under Secretary of Regulatory Commission, transmitting the that have been damaged or to which damage Defense, transmitting a report of a violation report of the nondisclosure of safeguards in- to their integrity is anticipated, pursuant to of the Anti-Deficiency Act—Air Force viola- formation for the quarter ending December 16 U.S.C. 1a–5(a); to the Committee on Re- tion, case No. 95–16, which totaled $172,121, 31, 1996, pursuant to 42 U.S.C. 2167(d); to the sources. occurred in the fiscal year 1993 and fiscal Committee on Commerce. 2054. A letter from the Secretary of the In- year 1994 operation and maintenance, Air 2042. A letter from the Secretary, Securi- terior, transmitting the Department’s report Force [O&M,AF] appropriations, pursuant to ties and Exchange Commission, transmitting on the administration of the Marine Mam- 31 U.S.C. 1517(b); to the Committee on Appro- the Commission’s ‘‘Major’’ final rule—Revi- mal Protection Act of 1972, pursuant to 16 priations. sion of Holding Period Requirements in U.S.C. 1373(f); to the Committee on Re- 2031. A letter from the Director, Defense Rules 144 and 145 [Release No. 33–7390; File sources. Procurement, Department of Defense trans- No. S7–17–95] (RIN: 3235–AG53) received Feb- 2055. A letter from the Assistant Adminis- mitting the Department’s final rule—Defense ruary 21, 1997, pursuant to 5 U.S.C. trator for Fisheries, National Oceanic and Federal Acquisition Regulation Supplement; 801(a)(1)(A); to the Committee on Commerce. Atmospheric Administration, transmitting Automatic Data Processing Equipment Leas- 2043. A letter from the Assistant Secretary the Administration’s final rule—Fisheries ing Costs [DFARS Case 96–D011] received for Legislative Affairs, Department of State, Off West Coast States and in the Western Pa- February 27, 1997, pursuant to 5 U.S.C. transmitting a copy of Presidential Deter- cific; Western Pacific Bottomfish Fishery; 810(a)(1)(A); to the Committee on National mination No. 97–17: Suspending Restrictions Mau Zone Moratorium [Docket No. 961121322– Security. on U.S. Relations With the Palestine Libera- 7033–02; I.D. 110696B] (RIN: 0648–AJ02) re- 2032. A letter from the Director, Defense tion Organization, pursuant to Public Law ceived February 27, 1997, pursuant to 5 U.S.C. Procurement, Department of Defense, trans- 104–107, section 604(b)(1) (110 Stat. 756); to the 801(a)(1)(A); to the Committee on Resources. mitting the Department’s final rule—Defense 2056. A letter from the Director, Office of Committee on International Relations. Federal Acquisition Regulation Supplement; 2044. A letter from the Assistant Secretary Sustainable Fisheries, National Oceanic and Earned Value Management System [DFARS Atmospheric Administration, transmitting for Legislative Affairs, Department of State, Case 96–D024] received March 3, 1997, pursu- the Administration’s final rule—Fisheries of transmitting notification that effective Feb- ant to 5 U.S.C. 810(a)(1)(A); to the Committee the Exclusive Economic Zone Off Alaska; ruary 10, 1997, the danger pay rate for the on National Security. Species in the Rock Sole/Flathead Sole/ Great Lakes Region of Africa, including 2033. A letter from the Director, Office of ‘‘Other Flatfish’’ Fishery Category by Ves- areas of Rwanda, Uganda, and Zaire, was des- Administration and Management, Depart- sels Using Trawl Gear in Bering Sea and ignated at the 25 percent level, pursuant to 5 ment of Defense, transmitting the Depart- Aleutian Islands [Docket No. 961107312–7021– U.S.C. 5928; to the Committee on Inter- ment’s final rule—Civilian Health and Medi- 02; I.D. 021997C] received February 27, 1997, national Relations. cal Program of the Uniformed Services pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2045. A letter from the Executive Director, [CHAMPUS]; Program for Persons with Dis- mittee on Resources. abilities; Basic Program [DoD 6010.8–R] (RIN: Committee for Purchase From People Who 2057. A letter from the Assistant Adminis- 0720–AA32) received February 27, 1997, pursu- Are Blind or Severely Disabled, transmitting trator for Fisheries, National Oceanic and ant to 5 U.S.C. 810(a)(1)(A); to the Committee the Committee’s final rule—Additions to the Atmospheric Administration, transmitting on National Security. Procurement List [97–007] received February the Administration’s final rule—Fisheries of 2034. A letter from the Under Secretary of 28, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Northeastern United States; Amendment Defense, transmitting notification that the the Committee on Government Reform and 6 to the Fishery Management Plan for the report to be submitted pursuant to 10 U.S.C. Oversight. Atlantic Mackerel, Squid, and Butterfish 115(a) will be submitted by April 30, 1997; to 2046. A letter from the Principal Deputy Fisheries [Docket No. 961125328–7032–02; I.D. the Committee on National Security. Assistant Secretary for Public Affairs, De- 103196B] (RIN: 0648–AJ06) received February 2035. A letter from the Assistant to the partment of Defense, transmitting a report 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Board, Board of Governors of the Federal Re- of activities under the Freedom of Informa- the Committee on Resources. serve System, transmitting the Board’s final tion Act for the calendar year 1996, pursuant 2058. A letter from the Director, Office of rule—Membership of State Banking Institu- to 5 U.S.C. 552(e); to the Committee on Gov- Sustainable Fisheries, National Oceanic and tions in the Federal Reserve System; Record- ernment Reform and Oversight. Atmospheric Administration, transmitting keeping and Confirmation of Certain Securi- 2047. A letter from the Director, Division of the Administration’s final rule—Fisheries of ties Transactions Effected by State Member Commissioned Personnel, Department of the Exclusive Economic Zone Off Alaska; Banks (Regulation H; Docket No. R–0909) re- Health and Human Services, transmitting Scallop Fishery; Registration Area D [Dock- ceived February 28, 1997, pursuant to 5 U.S.C. the annual report for the Public Health Serv- et No. 960502124–6190–02; I.D. 021997E] received 801(a)(1)(A); to the Committee on Banking ice Commissioned Corps retirement system February 28, 1997, pursuant to 5 U.S.C. and Financial Services. for fiscal year 1995, pursuant to 31 U.S.C. 801(a)(1)(A); to the Committee on Resources. 2036. A letter from the Secretary of Edu- 9503(a)(1)(B); to the Committee on Govern- 2059. A letter from the Acting Director, Of- cation, transmitting Final Regulations—Di- ment Reform and Oversight. fice of Surface Mining Reclamation and En- rect Grant Programs, pursuant to 20 U.S.C. 2048. A letter from the Director, Office of forcement, transmitting the Office’s final 1232(f); to the Committee on Education and Administration, Executive Office of the rule—State Program Amendments (RIN: the Workforce. President, transmitting the fiscal year 1996 1029–AB86 and 1029–AB87) received February 2037. A letter from the Assistant General annual report under the Federal Managers’ 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Counsel for Regulations, Department of Edu- Financial Integrity Act [FMFIA] of 1982, pur- the Committee on Resources. cation, transmitting the Department’s re- suant to 31 U.S.C. 3512(c)(3); to the Commit- 2060. A letter from the Acting Director, Of- port on the final regulations for direct grant tee on Government Reform and Oversight. fice of Surface Mining Reclamation and En- programs, pursuant to 5 U.S.C. 801(a)(1)(B); 2049. A letter from the Chairman and CEO, forcement, transmitting the Office’s final to the Committee on Education and the Farm Credit Administration, transmitting a rule—Ohio Regulatory Program [OH–239; Workforce. report of activities under the Freedom of In- Amendment Number 73] received February 2038. A letter from the Administrator, En- formation Act for the calendar year 1996, 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to ergy Information Administration, Depart- pursuant to 5 U.S.C. 552(e); to the Committee the Committee on Resources. ment of Energy, transmitting the Depart- on Government Reform and Oversight. 2061. A letter from the Assistant Secretary ment’s report entitled ‘‘Performance Profiles 2050. A letter from the Chairman, National (Civil Works), Department of the Army, of Major Energy Producers 1995,’’ pursuant Transportation Safety Board, transmitting a transmitting the Department’s report enti- to 42 U.S.C. 7267; to the Committee on Com- report of activities under the Freedom of In- tled ‘‘Upper Jordan River, Utah—Mill Creek merce. formation Act for the calendar year 1996, Flood Control Project,’’ pursuant to section 2039. A letter from the Secretary of Health pursuant to 5 U.S.C. 552; to the Committee 301(a)(14) of the Water Resources Develop- and Human Services, transmitting the on Government Reform and Oversight. ment Act [WRDA] of 1996; to the Committee fourth annual report to Congress on progress 2051. A letter from the Director, Office of on Transportation and Infrastructure. in achieving the performance goals ref- Management and Budget, transmitting a re- 2062. A letter from the General Counsel, erenced in the Prescription Drug User Fee port of activities under the Freedom of Infor- Department of Transportation, transmitting Act of 1992 [PDUFA], for the fiscal year 1996, mation Act for the calendar year 1996, pursu- the Department’s final rule—Airworthiness pursuant to 21 U.S.C. 379g, note; to the Com- ant to 5 U.S.C. 552(e); to the Committee on Directives; Airbus Model A320 Series Air- mittee on Commerce. Government Reform and Oversight. planes (Federal Aviation Administration) March 4, 1997 CONGRESSIONAL RECORD — HOUSE H723 [Docket No. 96–NM–11–AD; Amdt. 39–9948; AD 2071. A letter from the General Counsel, terway, LA (U.S. Coast Guard) [CGD8–97–001] 97–05–94] (RIN: 2120–AA64) received February Department of Transportation, transmitting (RIN: 2115–AE47) received February 27, 1997, 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule—Amendment to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Transportation and Infra- Class E Airspace; Johnston County Execu- mittee on Transportation and Infrastruc- structure. tive Airport, Olathe, KS (Federal Aviation ture. 2063. A letter from the General Counsel, Administration) [Airspace Docket No. 96– 2081. A letter from the General Counsel, Department of Transportation, transmitting ACE–19] (RIN: 2120–AA66) received February Department of Transportation, transmitting the Department’s final rule—Airworthiness 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule—Section 5309 Directives; Dornier Model 328–100 Series Air- the Committee on Transportation and Infra- (Section 3(J)) FTA New Starts Criteria (Fed- planes (Federal Aviation Administration) structure. eral Transit Administration) (RIN: 2132– [Docket No. 96–NM–116–AD; Amdt. 39–9949; 2072. A letter from the General Counsel, AA50) received February 27, 1997, pursuant to AD 97–05–05] (RIN: 2120–AA64) received Feb- Department of Transportation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on ruary 27, 1997, pursuant to 5 U.S.C. the Department’s final rule—Amendment to Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Class E Airspace; Imperial, NE (Federal 2082. A letter from the General Counsel, tation and Infrastructure. Aviation Administration) [Docket No. 96– Department of Transportation, transmitting 2064. A letter from the General Counsel, ACE–20] (RIN: 2120–AA66) received February the Department’s final rule—Implementa- Department of Transportation, transmitting 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tion of the 1995 Amendments to the Inter- the Department’s final rule—Airworthiness the Committee on Transportation and Infra- national Convention on Standards of Train- Directives; Boeing Model 747–200. –300, and structure. ing, Certification and Watchkeeping for Sea- –400 Series Airplanes (Federal Aviation Ad- 2073. A letter from the General Counsel, farers, 1978 (STCW) (U.S. Coast Guard) [CGD ministration) [Docket No. 96–NM–71–AD; Department of Transportation, transmitting 95–062] (RIN: 2115–AF26) received March 3, Amdt. 39–9945; AD 97–05–01] (RIN: 2120–AA64) the Department’s final rule—Amendment of 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the received February 27, 1997, pursuant to 5 Class E Airspace; San Jose, CA (Federal Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on Aviation Administration) [Airspace Docket structure. Transportation and Infrastructure. No. 96–AWP–27] (RIN: 2120–AA66) received 2083. A letter from the Chief, Regulations 2065. A letter from the General Counsel, February 27, 1997, pursuant to 5 U.S.C. Branch, Department of the Treasury, trans- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Entry the Department’s final rule—Airworthiness tation and Infrastructure. of Softwood Lumber Shipments from Canada Directives; Empresa Brasileria de 2074. A letter from the General Counsel, (U.S. Customs Service) [T.D. 97–9] (RIN: 1515– Aeronautica S.A. (EMBRAER) Model EMB– Department of Transportation, transmitting AB97] received February 24, 1997, pursuant to 120 Series Airplanes (Federal Aviation Ad- the Department’s final rule—Revision of 5 U.S.C. 801(a)(1)(A); to the Committee on ministration) [Docket No. 95–NM–51–AD; Class E Airspace; Victorville, CA (Federal Ways and Means. Amdt. 39–9946; AD 97–05–02] (RIN: 2120–AA64) Aviation Administration) [Airspace Docket 2084. A letter from the Assistant Commis- received February 27, 1997, pursuant to 5 No. 96–AWP–30] (RIN: 2120–AA66) received sioner (Examination), Internal Revenue U.S.C. 801(a)(1)(A); to the Committee on February 27, 1997, pursuant to 5 U.S.C. Service, transmitting the Service’s final Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- rule—Petroleum Industry Coordinated Issue: 2066. A letter from the General Counsel, tation and Infrastructure. Cost Depletion—Recoverable Reserves—re- Department of Transportation, transmitting 2075. A letter from the General Counsel, ceived February 25, 1997, pursuant to 5 U.S. the Department’s final rule—Airworthiness Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Ways and Directives; Boeing Model 727 Series Air- the Department’s final rule—Establishment Means. planes (Federal Aviation Administration) of Class D Airspace; Victorville, CA (Federal 2085. A letter from the Assistant Commis- [Docket No. 96–NM–223–AD; Amdt. 39–9894; Aviation Administration) [Airspace Docket sioner (Examination), Internal Revenue AD 97–02–09] (RIN: 2120–AA64) received Feb- No. 95–AWP–26] (RIN: 2120–AA66) received Service, transmitting the Service’s final ruary 27, 1997, pursuant to 5 U.S.C. February 27, 1997, pursuant to 5 U.S.C. rule—Construction/Real Estate Industry Co- 801(a)(1)(A); to the Committee on Transpor- ordinated Issue: Per Diem Allowances for tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 2067. A letter from the General Counsel, tation and Infrastructure. Temporary Technical Services Employees— Department of Transportation, transmitting 2076. A letter from the General Counsel, received February 25, 1997, pursuant to 5 U.S. the Department’s final rule—Airworthiness Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Ways and Directives; Fokker Model F27 Mark 100, 200, the Department’s final rule—Special Flight Means. 300, 400, 500, 600 and 700 Series Airplanes Rules in the Vicinity of Grand Canyon Na- 2086. A letter from the Chief, Regulations (Federal Aviation Administration) [Docket tional Park (Federal Aviation Administra- Unit, Internal Revenue Service, transmitting No. 96–NM–142–AD; Amdt. 39–9943; AD 97–04– tion) [Docket No. 28537; Amendment Nos. 91– the Service’s final rule—Tax Avoidance 18] (RIN: 2120–AA64) received February 27, 253, 93–73, 121–262, 135–66] (RIN: 2120–AF93) re- Using Self-Amortizing Investments in Con- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived February 27, 1997, pursuant to 5 U.S.C. duit Financing Entities [Notice 97–21] re- Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- ceived February 28, 1997, pursuant to 5 U.S. structure. tation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and 2068. A letter from the General Counsel, 2077. A letter from the General Counsel, Means. Department of Transportation, transmitting Department of Transportation, transmitting 2087. A letter from the Chief, Regulations the Department’s final rule—Airworthiness the Department’s final rule—Advisory Cir- Unit, Internal Revenue Service, transmitting Directives; Fokker Model F27 Series Air- cular—Aviation Safety Action Programs the Service’s final rule—Waiver of Certain planes Equipped with Walter Kidde Nose (ASAP) (Federal Aviation Administration) Limitations on Obtaining Automatic Con- Wheel Steering System (Federal Aviation (RIN: 2120–ZZ04) received February 27, 1997, sent to Change an Accounting Period and Administration) [Docket No. 96–NM–38–AD; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Elect to be an S Corporation Effective Janu- Amdt. 39–9941; AD 97–04–16] (RIN: 2120–AA64) mittee on Transportation and Infrastruc- ary 1, 1997 [Notice 97–20] received February received February 27, 1997, pursuant to 5 ture. 28, 1997, pursuant to 5 U.S. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on 2078. A letter from the General Counsel, Committee on Ways and Means. Transportation and Infrastructure. Department of Transportation, transmitting 2088. A letter from the Chief, Regulations 2069. A letter from the General Counsel, the Department’s final rule—Special Anchor- Unit, Internal Revenue Service, transmitting Department of Transportation, transmitting age Area: Special Anchorage Great Kills Har- the Service’s final rule—Employee Plans and the Department’s final rule—Airworthiness bor, Staten Island, NY; Special Anchorage Exempt Organizations; Requests for Certain Directives; Saab Model SAAB 2000 Series Sheepshead Bay, Brooklyn, NY (U.S. Coast Determination Letters and Applications for Airplanes (Federal Aviation Administration) Guard) [CGD01–96–012] (RIN: 2115–AA98) re- Recognition of Exemption [Announcement [Docket No. 96–NM–236–AD; Amdt. 39–9944; ceived February 27, 1997, pursuant to 5 U.S.C. 97–20] received February 28, 1997, pursuant to AD 97–04–19] (RIN: 2120–AA64) received Feb- 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on ruary 27, 1997, pursuant to 5 U.S.C. tation and Infrastructure. Ways and Means. 801(a)(1)(A); to the Committee on Transpor- 2079. A letter from the General Counsel, 2089. A letter from the Chief, Regulations tation and Infrastructure. Department of Transportation, transmitting Unit, Internal Revenue Service, transmitting 2070. A letter from the General Counsel, the Department’s final rule—Special Local the Service’s final rule—Determination of Department of Transportation, transmitting Regulations: Intracoastal Waterway, St. Au- Issue Price in the Case of Certain Debt In- the Department’s final rule—Airworthiness gustine, FL (U.S. Coast Guard) [CGD07–97– struments Issued for Property [Rev. Rul. 97– Directives; British Aerospace Model BAe 146 002] (RIN: 2115–AE46) received February 27, 10] received February 28, 1997, pursuant to 5 Series Airplanes and Model Avro 146–RJ Se- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on ries Airplanes (Federal Aviation Administra- Committee on Transportation and Infra- Ways and Means. tion) [Docket No. 96–NM–48–AD; Amdt. 39– structure. 2090. A letter from the Chairman, Prospec- 9942; AD 97–04–17] (RIN: 2120–AA64) received 2080. A letter from the General Counsel, tive Payment Assessment Commission, February 27, 1997, pursuant to 5 U.S.C. Department of Transportation, transmitting transmitting the Commission’s report on is- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Drawbridge Op- sues affecting health care delivery in the tation and Infrastructure. eration Regulations; Gulf Intracoastal Wa- United States, pursuant to Public Law 101– H724 CONGRESSIONAL RECORD — HOUSE March 4, 1997

508, section 4002(g)(1)(B) (104 Stat. 1388–36); to Mr. QUINN, Mr. RAMSTAD, Mr. RIGGS, By Mr. MILLER of California (for him- the Committee on Ways and Means. Mr. ROMERO-BARCELO, Mr. SANDERS, self, Mr. SANDERS, Ms. WOOLSEY, Mr. 2091. A letter from the Department of Mr. SANFORD, Mr. SCHIFF, Mr. SEN- MEEHAN, Mr. KENNEDY of Rhode Is- State, Assistant Secretary for Legislative SENBRENNER, Mr. SERRANO, Mr. land, Mr. HINCHEY, Mr. YATES, Mr. Affairs, transmitting the Department’s Fed- SHAYS, Mr. SISISKY, Mr. SKEEN, Ms. BROWN of California, Mr. ANDREWS, eral Equal Opportunity Recruitment Pro- SLAUGHTER, Mr. STARK, Mr. STUMP, Mrs. LOWEY, Mr. FRANK of Massachu- gram for fiscal year 1996, pursuant to 22 Mrs. THURMAN, Mr. TOWNS, Mr. setts, Ms. PELOSI, Mr. NADLER, Mr. U.S.C. 3905(d)(2); jointly, to the Committees WALSH, Mr. WATTS of Oklahoma, Mr. MCGOVERN, Mr. SABO, Mr. KENNEDY on International Relations and Government WELDON of Pennsylvania, Mr. of Massachusetts, Ms. RIVERS, Mr. Reform and Oversight. WELLER, Mr. WICKER, Mr. WOLF, Mr. STARK, Mrs. MALONEY of New York, 2092. A letter from the Railroad Retire- CASTLE, Mr. FALEOMAVAEGA, Mr. FOX Mr. VENTO, Ms. FURSE, Ms. ROYBAL- ment Board, transmitting the Board’s jus- of Pennsylvania, Ms. JACKSON-LEE, ALLARD, Mr. EVANS, Mr. MARKEY, Mr. tification of budget estimates for fiscal year and Mr. MARTINEZ): ABERCROMBIE, Ms. SLAUGHTER, Mr. 1998, pursuant to 45 U.S.C. 231f; jointly, to H.R. 911. A bill to encourage the States to SCHUMER, Mr. OLVER, Mr. CLAY, Mr. the Committees on Transportation and In- enact legislation to grant immunity from PORTER, Mr. LEWIS of Georgia, Ms. frastructure, Ways and Means, and Appro- personal civil liability, under certain cir- ESHOO, Mr. WAXMAN, Mr. GEJDENSON, priations. cumstances, to volunteers working on behalf Ms. LOFGREN, and Ms. DELAURO): of nonprofit organizations and governmental f H.R. 919. A bill to establish fair market entities; to the Committee on the Judiciary, value pricing of Federal natural assets, and PUBLIC BILLS AND RESOLUTIONS and in addition to the Committee on Ways for other purposes; referred to the Commit- and Means, for a period to be subsequently tee on Resources, and in addition to the Under clause 5 of rule X and clause 4 determined by the Speaker, in each case for Committees on Agriculture, and the Budget, of rule XXII, public bills and resolu- consideration of such provisions as fall with- for a period to be subsequently determined tions were introduced and severally re- in the jurisdiction of the committee con- by the Speaker, in each case for consider- ferred as follows: cerned. ation of such provisions as fall within the ju- By Mr. BACHUS: By Mr. COBLE (for himself and Mr. risdiction of the committee concerned. H.R. 912. A bill to amend section 1928 of the By Mrs. MORELLA (for herself, Mrs. BERMAN): Social Security Act to extend eligibility for LOWEY, Mrs. JOHNSON of Connecticut, H.R. 908. A bill to establish a Commission Medicaid payment for administration of a Ms. NORTON, Mr. GREENWOOD, Ms. on Structural Alternatives for the Federal pediatric vaccine to all children who are not SLAUGHTER, Mr. WAXMAN, Mr. Courts of Appeals; to the Committee on the insured with respect to that vaccine; to the MCHUGH, Mrs. MALONEY of New York, Judiciary. Committee on Commerce. Mr. FAZIO of California, Ms. SANCHEZ, By Mr. HEFLEY (for himself and Mr. By Mr. COMBEST (for himself, Mr. Mr. ROMERO-BARCELO, Mrs. CARSON, ORTIZ) (both by request): STENHOLM, Mr. THORNBERRY, Mr. Mrs. MEEK of Florida, Mr. OBERSTAR, H.R. 909. A bill to authorize certain con- LUCAS of Oklahoma, Mr. CHAMBLISS, Mr. DELLUMS, Mr. DELAHUNT, Mr. struction at military installations for fiscal and Mr. EDWARDS): BALDACCI, Mr. EVANS, Mr. FROST, Ms. year 1998, and for other purposes; to the H.R. 913. A bill to amend the Agricultural Committee on National Security. Market Transition Act to provide greater FURSE, and Mrs. KELLY): H.R. 920. A bill to establish an Office on By Mr. MARKEY (for himself, Mr. BUR- planting flexibility; to the Committee on Ag- Women’s Health within the Department of TON of Indiana, Mr. SPRATT, Mr. riculture. Health and Human Services; to the Commit- MORAN of Virginia, Mr. GREENWOOD, By Mr. MCKEON (for himself and Mr. tee on Commerce. Mr. KLINK, Mr. POSHARD, Mr. KEN- KILDEE): H.R. 914. A bill to make certain technical By Ms. NORTON: NEDY of Massachusetts, Mrs. H.R. 921. A bill to amend the Internal Rev- corrections in the Higher Education Act of TAUSCHER, Mr. DEFAZIO, Mr. enue Code of 1986 to exclude from gross in- HINCHEY, Mr. FILNER, and Ms. HOOLEY 1965 relating to graduation data disclosures; to the Committee on Education and the come pension benefits received by the survi- of Oregon): vors of law enforcement officers killed in the H.R. 910. A bill to amend the Communica- Workforce. By Mr. BOEHLERT (for himself and line of duty; to the Committee on Ways and tions Act of 1934 to require that violent tele- Means. Mr. CLYBURN): vision programming is limited to broadcast By Mr. YOUNG of Alaska (for himself, after the hours when children are reasonably H.R. 915. A bill to amend title 49, United Mr. PETERSON of Minnesota, and Mr. likely to comprise a substantial portion of States Code, to provide protection for airline employees who provide certain air safety in- NORWOOD): the audience, unless it is specifically rated H.J. Res. 59. Joint resolution to disapprove on the basis of its violent content so that it formation; to the Committee on Transpor- tation and Infrastructure. a rule affecting polar bear trophies from is blockable by electronic means specifically Canada under the 1994 amendments to the on the basis of that content; to the Commit- By Mr. CRANE: H.R. 916. A bill to amend title XVIII of the Marine Mammal Protection Act issued by tee on Commerce. Social Security Act to remove the require- the U.S. Fish and Wildlife Service of the De- By Mr. PORTER (for himself, Mr. ACK- ment of an x ray as a condition of coverage partment of the Interior; to the Committee ERMAN, Mr. BAKER, Mr. BARRETT of of chiropractic services under the Medicare on Resources. Nebraska, Mr. BARTLETT of Mary- Program; to the Committee on Commerce, By Mr. ABERCROMBIE (for himself, land, Mr. BEREUTER, Mr. BLILEY, Mr. and in addition to the Committee on Ways Mr. MILLER of California, Mr. LEACH, BOEHLERT, Mr. BUNNING of Kentucky, and Means, for a period to be subsequently Mrs. MINK of Hawaii, Mr. Mr. CALLAHAN, Mr. CAMPBELL, Mr. determined by the Speaker, in each case for FALEOMAVAEGA, Mr. UNDERWOOD, Mr. CANADY of Florida, Mrs. CARSON, Ms. consideration of such provisions as fall with- ROMERO-BARCELO, Ms. CHRISTIAN- CHRISTIAN-GREEN, Mr. COOKSEY, Mr. in the jurisdiction of the committee con- GREEN, Ms. PELOSI, Mr. STARK, Mr. COYNE, Mr. CUNNINGHAM, Ms. DANNER, cerned. PALLONE, Mrs. MALONEY of New Mr. DAVIS of Virginia, Mr. DICKEY, By Mr. CRAPO: York, Mr. EVANS, Mr. HINCHEY, Mr. Mr. DOYLE, Ms. DUNN of Washington, H.R. 917. A bill to amend the Fair Labor FRANK of Massachusetts, and Mr. Mr. EHLERS, Mr. EHRLICH, Mrs. EMER- Standards Act of 1938 to provide that the LEWIS of Georgia): SON, Mr. ENGLISH of Pennsylvania, overtime exemption available to employees H. Con. Res. 32. Concurrent resolution ex- Mr. ENSIGN, Mr. EVANS, Mr. FATTAH, engaged in the transportation and prepara- pressing the sense of Congress with respect Mr. FILNER, Mr. FOLEY, Mr. FRANK of tion of fruit and vegetables is available to to the storage of nuclear waste on any terri- Massachusetts, Mr. FRANKS of New employees engaged in the transportation and tory or possession of the United States; to Jersey, Mr. FROST, Ms. FURSE, Mr. preparation of sugar beets; to the Committee the Committee on Commerce, and in addi- GALLEGLY, Mr. GILCHREST, Mr. on Education and the Workforce. tion to the Committee on Resources, for a GOODLATTE, Mr. GOODLING, Mr. GOSS, By Mr. KNOLLENBERG: period to be subsequently determined by the Mr. GREENWOOD, Mr. HALL of Ohio, H.R. 918. A bill to direct the Secretary of Speaker, in each case for consideration of Mr. HASTERT, Mr. HAYWORTH, Mr. Transportation to make grants to States for such provisions as fall within the jurisdic- HERGER, Mr. HOBSON, Mr. HOLDEN, the construction and maintenance of high- tion of the committee concerned. Mr. HORN, Mrs. JOHNSON of Connecti- ways, to direct the Federal Communications By Mr. PICKETT: cut, Mrs. KELLY, Mr. KIM, Mr. Commission to conduct spectrum auctions to H. Con. Res. 33. Concurrent resolution to LARGENT, Mr. LEACH, Mr. LIVING- provide funding for the grants, and for other express the sense of the Congress that the STON, Mr. MCCOLLUM, Mr. MCHUGH, purposes; to the Committee on Commerce, Bureau of Labor Statistics should develop Mr. MCKEON, Ms. MCKINNEY, Mr. and in addition to the Committees on Trans- and publish monthly a cost of living index; MCINTOSH, Mr. MEEHAN, Ms. MOL- portation and Infrastructure, and Ways and to the Committee on Education and the INARI, Mr. NEAL of Massachusetts, Means, for a period to be subsequently deter- Workforce. Mr. NEY, Ms. NORTON, Mr. OLVER, Mr. mined by the Speaker, in each case for con- H. Con. Res. 34. Concurrent resolution ex- OWENS, Mr. PARKER, Mr. PAYNE, Mr. sideration of such provisions as fall within pressing the sense of the Congress that the PETRI, Mr. PICKETT, Mr. POSHARD, the jurisdiction of the committee concerned. President should submit a national energy March 4, 1997 CONGRESSIONAL RECORD — HOUSE H725

policy plan to Congress; to the Committee on H.R. 383: Mr. BACHUS and Mr. STUPAK. H.R. 612: Mr. WAXMAN, Mr. LATOURETTE, Commerce. H.R. 387: Mr. CHABOT. Mr. MANTON, Mr. COOKSEY, Mr. VISCLOSKY, By Mr. STEARNS: H.R. 407: Ms. DELAURO, Ms. RIVERS, Ms. Mr. TIERNEY, Mr. SCOTT, and Mr. ROTHMAN. H. Con. Res. 35. Concurrent resolution to GRANGER, Mr. GEJDENSON, Mr. GONZALEZ, Mr. H.R. 628: Mr. WYNN and Mr. STUPAK. require the posting of the Ten Command- FLAKE, and Mr. DAVIS of Illinois. H.R. 635: Ms. PELOSI. H.R. 446: Mr. EVANS, Mr. CAMP, Mr. CRAPO, ments in the House and Senate Chambers; to H.R. 665: Mr. SCHIFF. the Committee on House Oversight. Mr. GIBBONS, and Mr. PICKERING. H.R. 680: Mr. MCINTOSH. H.R. 450: Mr. BOEHNER and Mr. f H.R. 687: Mr. OWENS, Mr. DELLUMS, Ms. RADANOVICH. BROWN of Florida, and Mr. MCGOVERN. ADDITIONAL SPONSORS H.R. 491: Mr. ROTHMAN, Mrs. CARSON, Mr. H.R. 766: Ms. SLAUGHTER, Ms. KILPATRICK, Under clause 4 of rule XXII, sponsors ACKERMAN, Mr. HOLDEN, Mr. LATOURETTE, Mr. HASTERT, Mr. EVANS, Mr. FARR of Cali- and Mr. GEJDENSON. were added to public bills and resolu- fornia, and Mr. PARKER. H.R. 767: Mr. KLUG. tions as follows: H.R. 494: Mr. RIGGS. H.R. 815: Mr. BENTSEN, Mr. LEWIS of Geor- H.R. 1: Mrs. NORTHUP, Mr. HUTCHINSON, and H.R. 501: Mr. ROTHMAN. gia, Mr. DELLUMS, Mr. ACKERMAN, Mrs. Mr. WATKINS. H.R. 511: Mr. CHAMBLISS, Ms. JACKSON-LEE, KELLY, Mr. GILMAN, Mr. PICKETT, Ms. H.R. 18: Mr. ACKERMAN, Mr. ENGLISH of Mr. PETERSON of Minnesota, and Mr. SLAUGHTER, Mr. NADLER, Mr. DICKEY, Mr. Pennsylvania, Mr. BOUCHER, Mr. CLYBURN, LATHAM. TIERNEY, Ms. DELAURO, Ms. RIVERS, Mrs. and Mr. GRAHAM. H.R. 521: Mr. RADANOVICH, Mr. CAMP, Mr. MORELLA, Mr. BERRY, Mr. CLYBURN, Mr. H.R. 21: Mr. TORRES. ROMERO-BARCELO, Mr. HOBSON, Mr. PRICE of OLVER, Mr. LAFALCE, Mr. HINCHEY, and Mr. H.R. 27: Mr. WAMP, Mr. PICKERING, Mr. BOB North Carolina, Mr. MANTON, Mr. MCGOVERN, WALSH. SCHAFFER, Mr. BOUCHER, and Mr. PETERSON Mr. FARR of California, Mr. FILNER, Mr. H.R. 858: Mr. CANADY of Florida, Mr. of Pennsylvania. FLAKE, Mr. HINCHEY, and Mr. STUPAK. HEFLEY, Mr. HILLIARD, Mr. RADANOVICH, Mr. H.R. 53: Mr. KLUG and Mr. LEWIS of Geor- H.R. 530: Mr. ENGLISH of Pennsylvania, Mr. RIGGS, Mr. POMBO, and Mr. PARKER. gia. SAM JOHNSON, Mr. RAMSTAD, Mr. COLLINS, H.R. 898: Mr. DOOLEY of California. H.R. 58: Mr. KLECZKA, Mr. GILCHREST, Mr. Mr. PORTMAN, Mr. CAMP, Mr. KLECZKA, Mr. H.R. 901: Mr. PETERSON of Pennsylvania, DICKEY, Mr. SISISKY, Mr. FARR of California, SESSIONS, Mr. LIPINSKI, Mr. MCHUGH, Mr. Mr. SHADEGG, Mr. GRAHAM, and Mr. CRAPO. CANADY of Florida, Mr. KINGSTON, Mr. Mr. BARCIA of Michigan, Ms. DEGETTE, Mr. H.J. Res. 32: Mr. GALLEGLY. CLYBURN, and Mr. BERRY. BALLENGER, Mr. KNOLLENBERG, Mr. GORDON, H.J. Res. 40: Mr. GRAHAM. H.R. 64: Mr. HULSHOF, Mr. ENGLISH of Mr. SENSENBRENNER, Mr. VISCLOSKY, Mr. H.J. Res. 58: Mr. BONO, Mr. SOUDER, Mr. Pennsylvania, Mr. WELLER, Mr. CUNNINGHAM, POMBO, Mr. GRAHAM, Mr. MCKEON, Mr. BURTON of Indiana, Mr. BARR of Georgia, and Mr. COOKSEY, Mr. CANADY of Florida, Mr. STEARNS, Mr. LOBIONDO, Mr. WICKER, Mrs. Mr. GRAHAM. LATHAM, Mr. BARR of Georgia, Mr. KELLY, and Mr. RIGGS. H. Con. Res. 13: Mr. HEFNER, Mr. STUPAK, SNOWBARGER, Mr. SMITH of Oregon, Mr. H.R. 533: Mr. MCDERMOTT, Mr. FILNER, Ms. Mrs. FOWLER, Mr. PRICE of North Carolina, HORN, and Mr. PARKER. SANCHEZ, Mr. YATES, and Mr. GEJDENSON. Mr. CLAY, Mr. GEJDENSON, Ms. RIVERS, Mrs. H.R. 71: Mr. MCINTOSH, Mr. BARTLETT of H.R. 551: Mr. GONZALEZ and Mr. STEARNS. CARSON, and Mr. KANJORSKI. Maryland, Mr. WICKER, and Mr. HOEKSTRA. H.R. 552: Mr. BENTSEN, Mr. ABERCROMBIE, H.R. 96: Mr. CLAY, Mr. MASCARA, Mr. Mr. LEWIS of Georgia, Mr. WELLER, Mr. H. Con. Res. 18: Mr. FALEOMAVAEGA and RIGGS, and Mr. MCHUGH. DEFAZIO, and Mr. BLUMENAUER. Mr. FRANK of Massachusetts. H.R. 132: Mr. SESSIONS. H.R. 562: Mr. RIGGS. H. Con. Res. 31: Mr. RYUN, Mr. WATTS of H.R. 143: Mr. CONDIT, Mr. ENSIGN, and Mr. H.R. 586: Mr. BACHUS, Mr. CRAMER, Mr. Oklahoma, Mrs. CHENOWETH, Mr. HILLEARY, CHRISTENSEN. FARR of California, Mr. FAZIO of California, Mr. CRANE, Mr. ISTOOK, Mr. GOODLATTE, Mr. H.R. 165: Mr. BOUCHER. Mr. FLAKE, Mr. FORD, Mr. HAMILTON, Mr. COBURN, Mr. EVERETT, Mr. BACHUS, Mr. H.R. 218: Mr. WELLER. KENNEDY of Rhode Island, Mr. LANTOS, Mr. ROGAN, Mr. CALLAHAN, Mr. WOLF, Mr. PICK- H.R. 292: Mr. KIM, Mr. CRAPO, and Mr. GIB- LAZIO of New York, Mr. MCGOVERN, Mr. ERING, and Mr. WICKER. BONS. SALMON, Mrs. TAUSCHER, and Mr. WICKER. H. Res. 15: Mr. SERRANO, Mr. NADLER, Mr. H.R. 373: Mr. ABERCROMBIE, Mr. THOMPSON, H.R. 591: Mr. STARK, Mr. RUSH, Mr. FOGLI- KENNEDY of Rhode Island, Mr. SHAYS, Mr. Ms. CHRISTIAN-GREEN, Mr. DAVIS of Illinois, ETTA, Mr. NADLER, and Mr. HINCHEY. JACKSON, Mrs. MORELLA, Mrs. MEEK of Flor- Mr. RUSH, and Ms. BROWN of Florida. H.R. 598: Mr. MCINTOSH and Mr. EVANS. ida, and Mr. SALMON. 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, TUESDAY, MARCH 4, 1997 No. 26 Senate The Senate met at 9:30 a.m. and was with Senator BYRD being recognized for resume consideration of Senate Joint called to order by the President pro 20 minutes, the following hour will be Resolution 1, which the clerk will re- tempore [Mr. THURMOND]. under the control of Senator HATCH, port. with the next half-hour being under the The legislative clerk read as follows: PRAYER control of the Democratic leader or his A joint resolution (Senate Joint Resolu- The Chaplain, Dr. Lloyd John designee. Debate will conclude, then, tion 1) proposing an amendment to the Con- Ogilvie, offered the following prayer: with 30 minutes under the control of stitution of the United States to require a Sovereign God, help us to hear and the majority leader. At 5:15, a vote will balanced budget. accept the psalmist’s prescription for occur on passage of Senate Joint Reso- The Senate resumed consideration of peace. ‘‘Cast your burden on the Lord lution 1. I remind all Senators again of the joint resolution. and He shall sustain you.’’—Psalm this 5:15 vote and ask all Senators to be The PRESIDING OFFICER. The time 55:22. in their seats for this important roll- until 12:30 p.m. shall be equally divided In this quiet moment of liberating call vote. It has been traditional, when between the two managers. The Sen- prayer, we deliberately commit each we have major votes on a constitu- ator from Utah. one of our burdens, large or small, into tional question, that Senators come Mr. HATCH. Mr. President, I am very Your gracious care. Help us not to and take their seats and then stand in honored to be able to turn to a man snatch them back. Give us an extra place and cast their votes. who has led the fight for the balanced measure of Your wisdom, insight, and I thank our colleagues for their at- budget amendment ever since he ar- discernment as we tackle the chal- tention in this matter, and I yield the rived at the Senate, the most senior lenges of this day. Make this a produc- floor. Senator in the whole U.S. Senate, a tive day in which we live with con- f person all look up to, who has been my fidence that You will guide our think- RECOGNITION OF THE ACTING mentor on this issue and so many oth- ing, unravel our difficulties, and em- DEMOCRATIC LEADER ers, and one of my dearest friends in power our decisions. Especially we ask this world, the distinguished Senator The PRESIDING OFFICER (Mr. for Your guidance for the vote on the from South Carolina, Senator STROM HUTCHINSON). The acting Democratic balanced budget amendment. Help us THURMOND, for 5 minutes or whatever leader. time he needs. to maintain unity in the midst of dif- Mr. LEAHY. Mr. President, I concur Mr. THURMOND. Mr. President, I ferences. Now, we are ready for the with what the majority leader said rise today as we draw to a close the de- day. We intend to live it with freedom about being on the floor for the vote. I and joy, through our Lord and Saviour. concur. I think it is an extremely im- bate on this historic opportunity to Amen. portant one. Also, under our unani- adopt Senate Joint Resolution 1, the f mous-consent agreement, I will be con- balanced budget amendment. This de- trolling the time for the Democratic bate is about much more than an RECOGNITION OF THE MAJORITY amendment to the Constitution, as sig- LEADER side. A number of Senators on our side have asked for specific carve-outs of nificant as that is. It is about taking The PRESIDENT pro tempore. The time other than what has been set in action once and for all that will con- able majority leader, Senator LOTT, is the unanimous consent. I urge Sen- trol the size and scope of the Federal recognized. ators who wish to speak to come to the Government. SCHEDULE floor and be prepared to speak. I have been deeply concerned during Mr. LOTT. Mr. President, today the I see my distinguished friend from my years in the Senate over the Senate will resume consideration of Utah, who will be handling that side. growth of the Federal bureaucracy. Senate Joint Resolution 1, the con- We have all been able to work things The first $100 billion budget in the his- stitutional amendment for a balanced out as traffic cops on this, but I hope tory of the Nation occurred in 1962. budget. Under a previous order, from everyone who wishes to speak will have This was almost 180 years after the Na- 9:30 a.m. to 12:30 p.m., the time will be the opportunity. tion was founded. Yet, it took only 9 equally divided between the two man- I yield the floor. years, from 1962 to 1971, for the Federal agers for closing remarks on Senate f budget to reach $200 billion. Then, the Joint Resolution 1. The Senate will re- Federal budget continued to skyrocket; cess from the hours of 12:30 to 2:15 p.m. BALANCED BUDGET AMENDMENT $300 billion in 1975, $500 billion in 1979, for the weekly policy conferences, and TO THE CONSTITUTION $800 billion in 1983, and the first $1 tril- at 2:15, then, the manager of the Demo- The PRESIDING OFFICER. Under lion budget in 1987. The budget for fis- cratic side will control 1 hour of debate the previous order, the Senate will now cal year 1996 was over $1.5 trillion.

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

S1847 S1848 CONGRESSIONAL RECORD — SENATE March 4, 1997 With this voracious congressional ap- a constitutional one. Not only will we ner, his usual sense of history, his petite for spending has come deficit restore order to the fiscal policy of this usual understanding of the Constitu- spending. In the past three decades, the Nation, we will be making a giant leap tion, asked the pertinent questions: Federal Government has run deficits in toward restoring the fundamental prin- How would it work? What does it every year except one. During the ciple of limited authority to the Fed- mean? What does it do? And no answer 1960’s, deficits were averaging around eral Government. was forthcoming. Having now had an $6 billion per year. The following dec- I yield the floor. opportunity to focus on the language of ade, the 1970’s, saw deficits rise an av- Mr. LEAHY addressed the Chair. the resolution before us, none of us can erage $36 billion per year. In the last The PRESIDING OFFICER. The Sen- be confident concerning its meaning or decade, the 1980’s, deficits continued to ator from Vermont. its use. rise and averaged $156 billion per year. Mr. LEAHY. Mr. President, we have During the course of this debate, we So far, in the 1990’s, deficits have aver- been considering this proposed 28th have had the principal proponents of aged $259 billion per year. Compare this amendment to the Constitution of the the resolution concede that it does not to 1957, my third year in the Senate, United States since this session began require a balanced budget, but that it when the entire national debt was less almost 2 months ago. In fact, we have is intended to provide incentive to bal- than $275 billion and there was no defi- been engaged in floor debate for nearly ance the Federal budget and exert pres- cit, but rather a $3 billion surplus. 4 weeks. The distinguished Senator sure on Congress. It is intended just to During my service here, there has from Utah and I have begun to think make us do our job. That is not suffi- never been a shortage of legislation we live on this floor with this debate. cient reason to amend the Constitu- creating new Federal programs or of ef- Mr. President, stop and think what tion. As the President said in his State forts to increase spending in existing we are debating—a proposed 28th of the Union Message, we have but to programs. It has been too easy for the amendment to the Constitution. The vote a balanced budget, he has but to Congress to pass legislation creating Constitution has been amended only 17 sign it to have a balanced budget. We new Federal programs and spending times since the Bill of Rights. During do not have to tinker with the Con- more tax dollars whenever there is a this time, the United States has been stitution in a way that would actually call for Federal intervention. This Na- through some very, very serious situa- throw the whole matter over to the tion has drifted from its original foun- tions—the War of 1812, the Civil War, courts, not to the President and the dations as a national Government of two world wars, Korea, Vietnam, the Congress. limited authority. A balanced budget Great Depression, westward expansion. The President and Congress have amendment is the single most impor- One would have to assume during that shown over the past 4 years that we tant addition we can propose to the time, there have been hundreds and can make progress undoing the mis- Constitution to begin reducing the size hundreds of times that we have seen takes of the deficit-building decades of and scope of the Federal Government. crises in our Nation that, some would the 1980’s without a proposed amend- Mandating balanced Federal budgets say, reached a constitutional mag- ment to the Constitution. We suc- is not a new idea. The first constitu- nitude. We know that hundreds, even ceeded in reducing the deficit in each tional amendment to balance the budg- thousands, of constitutional amend- of the last 4 years. We have cut the def- et was proposed in 1936. Since the be- ments have been proposed, but those icit by more than 60 percent. At the ginning of the 84th Congress in 1955, who have gone before us have seen fit same time, we are pursuing sound eco- constitutional amendments to require to only amend the Constitution 17 nomic and fiscal policies doing those a balanced Federal budget have been times—which was very wise—since the things that have made the United proposed during each Congress. Fi- Bill of Rights. States economy the strongest in the nally, in 1982 while I was chairman of I say this because nobody in the Sen- world. the Judiciary Committee, the Senate ate owns a seat in the Senate. We are What we are now asked to do is tin- passed a balanced budget amendment only passing through, no matter how ker with obvious success. But more which I authored. Our victory was long we serve. What we ought to do is than that, we are asked to give people short-lived, however, because the remember that we have a responsibil- something they can put on a bumper Speaker and the majority leader at ity not only to those who went before sticker that says, ‘‘I voted to balance that time led the movement to kill it us, but those who will come after. So the budget,’’ when, indeed, it does not in the Democrat-controlled House of during this debate, some of us have do that, instead of saying, ‘‘I voted to Representatives. That was our high tried to look at the substance behind really mess up the Constitution,’’ water mark as we fell one vote short in this bumper-sticker title and even the which is what it would do. I hope that we will think not only of 1986, four votes short in 1994, and one poll-driven politics that led to this pro- our political fortunes of this day and vote short 2 years ago. Once again, we posal, again occupying the No. 1 posi- the political polls of our State of this have a historic opportunity to pass the tion in the majority’s legislative agen- moment, but think of the United balanced budget amendment and send da. States and think of those who will it to the American people for ratifica- We have examined the resolution in tion. come after us. our Judiciary Committee hearings, I reserve the remainder of my time. I would note that today the Congress markup and report and during the Sen- is working hard to balance the Federal Mr. HATCH addressed the Chair. ate debate. We have become, and cer- The PRESIDING OFFICER. The Sen- budget. However, this is a very recent tainly the American people have be- development brought about by a ator from Utah. come, more and more aware of the seri- Mr. HATCH. Mr. President, I yield 10 change in the control of the Congress, ous substantial failings in this pro- minutes to the distinguished Senator and by this body finally listening to posal. I believe this debate has shown from Texas. the will of the people. We must act to any objective observer that this resolu- The PRESIDING OFFICER. The Sen- instill legislative accountability that tion fails to meet the standards set by ator from Texas is recognized. will not waver with the membership of our founders in article V of the Con- Mrs. HUTCHISON. Thank you, Mr. the majority. stitution for its amendment: It cannot President, and I thank the distin- Our third president, Thomas Jeffer- be found necessary by two-thirds of guished Senator from Utah for the fine son, stated: this Senate. job he has done in leading this very im- The question whether one generation has Moreover, the proponents have failed portant debate, because really this de- the right to bind another by the deficit it to answer the serious questions raised bate is one of the most defining mo- imposes is a question of such consequence as to place it among the fundamental principles about the various provisions over the ments of our times. Will Congress de- of government. We should consider ourselves past several weeks. They have failed liver a balanced budget? Will we set unauthorized to saddle posterity with our the Byrd challenge by being unable to the future economic stability of our debts, and morally bound to pay them our- demonstrate what it means and how it country in place right now? Will we selves. would work. The distinguished senior win this fight that we have undertaken Mr. President, it is time we make Senator from West Virginia came on on behalf, not of ourselves, but of our that moral obligation to pay our debts this floor and, in his usual careful man- future generations? March 4, 1997 CONGRESSIONAL RECORD — SENATE S1849 The American dream has always been the American dream. A balanced budg- just a little is now $5 trillion, Mr. that a parent could wish that his chil- et amendment to the Constitution will President. dren or her children would have a bet- cure that appetite because Congress We do need to tie the hands of future ter quality of life than he or she has will be constrained, yes, their hands Congresses so there will be economic had. That is why people came to this will be tied, from getting into the stability. And, Mr. President, this Con- country. They wanted to work harder pocketbooks of our children and their gress has the ability to take the first so that they could give their children a children. step in that long journey to put our little better chance in life. So, Mr. President, I think the time country back on track so that our chil- What we are fighting for is a change has come for us to do what is right. dren will have the same American that will assure that we can keep the The greatest issues of our time have dream that we have had, which is that American dream. We are trying to taken many years. Americans debated they would be able to wish for their make lower interest rates, a higher the evil of slavery from the earliest children a better quality of life than standard of living, more job opportuni- days of the Republic, but it was not they have had because each generation ties, a country liberated from an ever- until 1865 that the 13th amendment to expects to be able to do better. If we increasing debt. Our children will not the Constitution was ratified and slav- have a balanced budget amendment to have a higher quality of life if we con- ery was abolished. Women began their the Constitution, we will assure that tinue to build on this $5 trillion debt, fight for suffrage in the early 19th cen- that will happen. Mr. President. This debate is about our tury, but it was 1920 when the 19th Mr. President, this debate is defining children. It is not about political expe- amendment was ratified giving women of our times. And I hope we have the dience. We know what must be done. the right to vote. will to do what is right for our children Thomas Jefferson told us. Thomas Jef- Like these two epic struggles, the and for theirs. ferson said one of the two things that balanced budget amendment has been Thank you, Mr. President, and I yield he was concerned about after the Con- fought for a long time. It is a fight we the floor. stitution was written and adopted was are waging on behalf of our children, Mr. LEAHY addressed the Chair. that we had not provided for the con- our grandchildren, and their grand- The PRESIDING OFFICER (Mr. straints on Congress that would not children. And we will not stop the HAGEL). The Senator from Vermont. allow them to spend more than was in fight. Each year we lose by a very nar- Mr. LEAHY. Mr. President, we talk the public Treasury. Jefferson said row margin. Last year it was one vote. about how many votes there may be that. In fact, his quotes were: This year, unless someone looks up and and we talk about this debate, which, Each successive generation ought to be says, ‘‘My gosh, what am I doing for incidentally, has been interfered with guaranteed against the dissipations and cor- my children,’’ and changes his or her in some ways over the weekend, at the ruptions of those preceding it. mind, unless someone does that, we are same time we talk about evil money in Mr. President, Thomas Jefferson was going to lose again probably by one politics. We have seen some so-called the greatest visionary President per- vote. ‘‘independent’’ expenditures in running haps we have ever had. Even Thomas So, Mr. President, I hope that we will ads on this. They are about as inde- Jefferson would not have dreamed our not be dissuaded from continuing this pendent as absolutely nothing. I think country, that he worked so hard to put fight, because it is worthy of the other it is unfortunate that apparently the together, would one day have a $5 tril- great issues that have taken so long. proponents of this constitutional lion debt. It is very important that we look not amendment do not feel that they can Even Jefferson could not have been to the next election, but to the next make their case well enough on the that visionary, and thank goodness, be- generation, as we are making our deci- Senate floor. They have to do this. cause so many of his generation fought sion today. This amendment is not the We talk about whether it is one vote and died for this country to be formed. panacea, but what it does is give us the or not. Let us talk about votes. In 1993, If they had thought that the stewards opportunity to make sure that there is we started down this road to concerted, of our future would not have the guts, a stability in our economy for ever- consistent deficit reduction. We did would not have the ability to constrain more, that no Congress of the future that without a single Republican vote their spending to the tune of $5 tril- will be able to go into a deficit unless in either the House or the Senate for lion, I wonder if they would have there is a war or an emergency, which the President’s budget. After 12 years fought so hard. there is a safety valve of a three-fifths of ever-larger deficits, voted for by the The idea of saddling generation after vote that can unbalance the budget. Republican Members of Congress, when generation of Americans with a suffo- Those are the safety valves, of course, we finally started cutting the deficit, cating debt would have been unthink- if we are in a war or a dire emergency, not a single Republican Member voted able to those honorable men. we will do the responsible thing. to do that. Some say we don’t need an amend- But if we can constrain ourselves in Over the last 4 years, we have suc- ment. They say we haven’t been tuned normal times, we will have a stable ceeded in reducing the deficit by 63 per- in. I am going to tell you something, I economy. We will have lower mortgage cent. It went up for 12 years; the na- have been tuned in. I have been watch- rates, lower car payments rates. We tional debt went up. We started bring- ing the debate on this floor. I have seen will have more jobs, and we will have ing the deficit down. When President what has happened to Medicare reform, more expendable money by the hard- Clinton took office, the deficit was at to Social Security reform, to welfare working people of this country if we its highest point ever—$290 billion. reform, to Medicaid reform. It has will face the fact that we need to tie Today, the deficit is at its lowest dol- taken a lot to get one of those four— the hands of a government that is so lar figure since 1981, $107 billion. In welfare reform—and we have failed on big, it could have brought together a $5 fact, it is at the lowest point as a per- the other three. If you think we do not trillion debt. centage of the economy since 1974. need an amendment to constrain the This vote today, if we win, could be In his testimony to the committee, appetite of Congress to spend other the first step in a very long journey, Robert Greenstein of the Center on people’s money, you have not been and, by doing this, we would assure Budget and Policy Priorities notes that tuned in. that there is a destination to the jour- over the past 10 years the deficit has Some say that this is going to tie the ney, that there is a shining city on the actually declined 70 percent as a per- hands of Government. Hallelujah. That hill that is America. centage of gross domestic product—5.1 is exactly what we want to do. We want If we do not have a balanced budget, percent in 1986 to 1.4 percent in 1996. In to get big government out of the hard- and the constraints of an amendment fact, as a percentage of gross domestic working American’s pocketbook. Most that would assure that we always will, product, our deficit is now at the low- Americans pay 50 percent of what they there may not be a destination, there est level of any major industrialized earn in taxes of some kind. All of us may not be a shining city on the hill nation in the world. The deficit is at want to pay our fair share. But, Mr. that is America because future Con- the lowest level of any industrialized President, 50 percent is too much. That gresses will be able to add just a lit- nation in the world. We are the envy of does not allow the freedom to pursue tle—it does not seem like so much, but the rest of the world. But it has taken S1850 CONGRESSIONAL RECORD — SENATE March 4, 1997 some political courage to do that. And Mr. THOMAS. Mr. President, I thank whether we are going to balance the the budgets are starting to bring that my friend from Utah for the time, but budget. They really have to do with deficit down. more particularly for the effort and the your view of how large and inclusive I say to my good friends in the Re- leadership he has given to this issue. the central Government is going to be. publican Party, it was done without a Interestingly enough, it is one of the There is a very real relationship be- single vote from their side of the aisle, toughest issues. One would think mov- tween the size of spending, the size of notwithstanding those deficits grew up ing to a balanced budget, ensuring a the deficit, and the size of Government. over 12 years of Republican administra- balanced budget, ensuring financial re- When I go home—and I think it is tions. sponsibility would not be such a tough true of every other place—I hear that The record of deficit reduction is an issue. But this has been going on for a we have too much Federal Govern- accomplishment of the Clinton admin- very long time. So I appreciate very ment. Every night on TV, we see all istration. It is an accomplishment that much the job that has been done. We these things that are being spent. the Clinton administration’s policies come to the vote on the issue finally. Nearly everyone believes that. Yet, have restored fiscal sanity and have We have talked quite a little about it spending continues to go up. The Sen- kept the economy strong. The result of this year. We, of course, have talked ator talked about the great amount of the recent election is testimony that for a number of years before. courage it took to move, in 1993, to the American people recognize these We can talk about a balanced budget seek to balance the budget. How? The facts. In fact, were it not for the inter- if you choose, but what we are really largest tax increase in the history of est on the $2.462 trillion debt that was talking about is financial responsibil- the world. So you see Government rung up during President Reagan’s ity. It is interesting to me to hear grow as that tax increase grows. So the term and President Bush’s term, our those who oppose it—and for good rea- real basic issue is more than just the budgets over the last several years son—who have been here for 20 years amendment, more than just arith- would already have been in balance. and say, ‘‘Let’s just do it, take the metic, more than just the budget, it is Just think of that. They ran up a debt tough votes.’’ But they haven’t done it how much Federal Government do you want in your lives and what are the of $2.462 trillion. The rest of the budg- for 20 years. The monument in front of proper roles of State and Federal Gov- et, including entitlements, is already the leader’s desk represents 28 years of ernment and the private sector? Those balanced. We didn’t need a constitu- unbalanced budgets. Yet, we hear all are the real issues. So it divides pretty tional amendment to do that. All we the time, just do it, take the tough clearly between those who want more needed was courage. If we were not votes and do it. Well, the evidence is Government and want to spend more paying the interest on that debt run that isn’t what is done. and whether or not people ought to be We hear the same words every year: up, we would be totally in balance. able to keep their own money. After ‘‘I am for a balanced budget, but * * *’’ This deficit progress has been all, the Government has no money ex- and then they go on to say why it can’t achieved through tough votes over the cept what it takes from us. last 4 years. But we have seen its im- be done. They go on to find reasons for So we hear constantly, ‘‘Let’s just do pact on our growing economy with not voting for the kind of discipline it.’’ But the monument stays right in lower interest rates. In 1980, the annual that it clearly takes to balance the front of us. We haven’t done it. Then interest on the national debt accumu- budget. That is not a brand new idea. It we hear, ‘‘Well, but we are going to do lated over our entire history was $75 is something we do in most of our it now.’’ But the President’s budget has billion. Think about this. In 1980, when States. We do it in my State of Wyo- not moved toward balance. The Presi- President Reagan came to office, it ming, and we are proud of that. The dent promised us a balanced budget, took a whole national debt to accumu- legislature doesn’t spend any more, and it is not a balanced budget. No one late over 200 years, and the interest under the constitution, than they take would agree it is a balanced budget by was $75 billion. Yet, when 12 years of in. 2002. On the contrary, there will prob- Republican administrations ended, I am always interested in how we ably be a $50 billion to $70 billion more that amount had skyrocketed. So the seek to shift this to some kind of a par- deficit then. It will go up from where it interest on the national debt is now tisan thing and talk about the Presi- is now. $248 billion. dents. Frankly, the Presidents don’t Furthermore, we don’t have the We had failed fiscal economic policies decide the budget. That is specifically, kinds of things we would like to have of the last decade, and we are paying under the Constitution, the prerogative that are targeted to needed tax relief the price. These interest payments on and the role of the Congress. It starts for families. We need permanent tax re- the national debt remain too high, and in the House of Representatives. lief that is not triggered. We need cap- they have to be reduced further. But Spending—the President cannot do any ital gains to encourage the economy. the proposed constitutional amend- spending without the Congress. So we Instead of that, we have a budget pre- ment, were it to pass, only allows say, oh, Reagan did this, and Bush did sented—and we are to accept that as Members of Congress who don’t want that, and Bill Clinton did this. I think movement toward a balanced budget, to step up and cast the tough votes to we ought to get real with ourselves and by having a 75-percent backload; tem- bring down the deficit to say when the say, wait a minute, it is the Congress porary tax cuts of $98 billion, but tax Constitution is going to do it. We can that does the spending. But we hear the increases of $76 billion? Taxes go up the delay congressional action. Eventually same thing. Then Senators go home first year, and the tax cuts are not we will toss it into the courts and let and talk about balancing the budget, phased in until later. More entitlement them do it. but then come and say, ‘‘But, gosh, spending, more Government—$60 bil- Frankly, I wish Congress and the there is this little thing, and I cannot lion in new entitlement spending. President would, instead of talking accept it in this present form.’’ How Is that called balancing the budget? about a debate here that will go no- many times have we heard that? It is, if you want to continue raising where, sit down and do the tough Well, today, we have a chance to taxes. That is the real choice you and things that are necessary to bring the vote. I am very proud of the fact that I have as voters and taxpayers. If you budget under control. there will be 55 Republicans and 11 want more services, you have to pay Mr. President, I notice that the other Democrats voting aye, voting for fiscal more. That is the way that works. You side now has another speaker. I reserve responsibility, voting to say $5.5 tril- know the best example of a really good the remainder of my time and yield the lion debt is more than we want to send government, I suppose, is on the local floor. off to our kids and grandkids. Other level when the school board says we Mr. HATCH. Mr. President, how than defense, interest is the largest need a new science room for the high much time does the Senator need? item in the budget—interest on the school and it is going to cost you $50 a Mr. THOMAS. About 10 minutes. debt. We pay $270 billion in interest on year and you get to vote on it and you Mr. HATCH. Mr. President, I yield 10 the debt. balance it. You say, is it worth it, yes; minutes to the Senator from Wyoming. So the real issues here, it seems to is it worth it, no. Do we get to do that The PRESIDING OFFICER. The Sen- me, are broader than the details of the in the Federal Government? Oh, no, of ator from Wyoming is recognized. amendment. They are broader than course not. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1851 So what we are talking about here is not say what it does to Social Secu- be easy, Mr. President. Like so many really direction, whether we have less rity, what it does to a capital budget, other Members who have voted to bring Government or whether we, on the what it does to a court challenge, what the deficit down 4 years in a row, I bear central level, move more Government it does to the power of purse. It is easi- the scars of saying no to every special to States and local communities, er to do that than to sit down and say, interest group from the right to the whether we in fact are able to spend let’s talk about the tough votes, let’s left when I voted for cut after cut after more money for our families as we talk about what we do with school cut—the farm bill being one good ex- choose or whether we spend more total lunch, let’s talk about what we do with ample of that, the Lugar-Leahy farm tax—now the average family in the the defense budget, let’s talk about bill. Item after item, we have done it country spends 39 percent—on our in- what we do with Medicare, let’s talk not by gimmicks but by solid votes. come. I saw a poll the other day in about what we do with Medicaid, let’s But it has been a month now and we which almost unanimously they said 25 talk about what we do with a farm pro- have not seen a proposal for modifica- percent is the maximum that we ought gram, or a foreign program, and on and tion of the President’s budget nor have to pay. We are paying nearly 40. on and on. we seen an alternative for the majority So, Mr. President, this is our oppor- That means that every time you party. The President even came to Cap- tunity. This is our chance to put our come up to vote, you are going to itol Hill to meet with congressional money where our mouth is. If we are anger somebody; you are going to leaders, going the extra mile—going going to balance the budget, this is the anger a special interest group on the the extra 2 or 3 miles. way to do it. The evidence is that we right, or you are going to anger a spe- We are fast approaching our statu- can’t do it any other way. cial interest group on the left. torily imposed deadline of April 15 for So I hope we have our vote this after- So it is a lot easier to say, let’s just a budget resolution. So let’s see what noon and it passes. If it doesn’t, it is toss it over to the courts, let’s toss it this budget resolution is going to be, not the end. We will continue to do over to a constitutional amendment, and let’s debate it. Let’s proceed to de- this. We will have to. It is the only way let’s toss it to something that we can’t bate the budget and, in the words of that we can be financially and fiscally even explain. We can’t even say what it Secretary Rubin, ‘‘finish the job of bal- responsible for the future. does to Social Security or to a capital ancing the budget by the year 2002.’’ It Mr. President, I yield the floor. budget or anything else. But we can go has been 4 years of bringing the deficit Mr. LEAHY addressed the Chair. home with a slogan that has been test- down, and we are about go into the The PRESIDING OFFICER. The Sen- ed by the polls and by focus groups. We fifth year of bringing it down. Let’s get ator from Vermont. can say, ‘‘I voted to balance the budg- a budget that does the job. Mr. LEAHY. Mr. President, as I lis- et.’’ Boloney. It is sort of like me vot- What it means is that the Repub- tened to the debate on the floor of the ing to grow hair. It might make me licans and the Democrats are going to Senate, I heard that the budget deficits feel good, but ‘‘it ain’t gonna work.’’ It have to hold hands, and we are going to begin in Congress and not with the is the same thing here. have to vote in a way that is going to President. Let’s look at the facts. Dur- In light of all we have experienced, offend some of our core constituencies. ing the Reagan years President Reagan but also what we have accomplished in But the American people in the long got 99.999 percent of everything he the last 4 years in bringing the deficit run will be better off. Certainly the asked for in the budget, including the down in each of those 4 years, there is American people would be better off deficit. In fact, during those years no basis today for seriously contending and the world’s strongest economy President Reagan vetoed only one ap- that a constitutional amendment is would be better off without tinkering propriations bill. Only one spending needed or that it is a necessary sub- with the Constitution, which basically bill did President Reagan veto. Why? stitute for political will or even that it becomes a judicial nightmare and does Because it didn’t spend as much money is the only way to achieve a balanced nothing to balance the budget. as he had requested. Congress actually budget. We have shown in 4 years of Mr. President, I reserve the remain- had come back with less money than bringing down the deficit—and now der of my time. he requested. So he vetoed the bill and going into a fifth—that there are other Mr. HATCH. Mr. President, I am de- asked for more money. ways. lighted to have the relationship with So let’s just fully understand what During the course of time that has our cosponsor on this amendment on happened. It was the same way with been reserved for debate on this pro- the Democrat side, Senator BRYAN the Bush administration. The budget posed constitutional amendment, there from Nevada. He has fought a valiant was what the President asked for. But has been a good deal of talk about the battle here, and I appreciate the oppor- let’s assume that it begins here in the President’s proposed budget. The Presi- tunity of working with him on this. We Congress. Then, I ask my friends in the dent made a State of the Union Ad- are still hoping that this vote will turn Republican majority, where is your dress on February 4. He submitted his out all right at the end of the day. budget? You can’t have it both ways. statement on his proposed balanced So I am more than delighted to yield You can’t say that the budget deficits budget the following day. Then on the 15 minutes to my distinguished friend are the fault of the Congress and those next day, February 6, the President and colleague. I thank him for his lead- who lead the Congress. Republicans sent his proposed budget to Congress. ership on this matter. lead the Congress. Where is the budget? My good friends in the Republican The PRESIDING OFFICER. The Sen- Instead of spending weeks and weeks Party have been quick to criticize that ator from Nevada. and weeks on the floor debating how proposed budget, but they left out one Mr. BRYAN. Mr. President, I thank we might amend the Constitution—it thing in their criticism. They never the Chair. I thank the distinguished has been amended only 17 times since said where their budget is or what Senator from Utah for his thoughtful the Bill of Rights—instead of debating their budget does. I ask my friends on comments. why we would amend the Constitution the other side of the aisle, Where is Mr. President, let me just say, by with an amendment that even its pro- your budget? If you want to say that way of prefacing my comments, that I ponents can’t explain its consequences, the budgets really come from the Con- have enjoyed being a participant in trying to amend the Constitution just gress, you are in the majority. You run this debate. And I have enjoyed the because somebody is taking a poll and the Congress. You turn the lights on in manner in which my colleague, the dis- says that is popular without going into the morning. You turn them off at tinguished Democratic floor leader— the details of what is involved, instead night. In between, prepare a budget. who has a very different point of view of spending all of the time doing that, Where is the alternative? Where are from that which Senator HATCH and I why not actually negotiate the details the proposed amendments to the Presi- share—has conducted himself and the of the historic agreement of trying to dent’s plan? arguments that he has made and the balance the budget? Why aren’t we I hope that we do not get into par- responses by the senior Senator from doing that? Because it is easier to pass tisan harping and carping and, instead, Utah. It seems to me that that is what a constitutional amendment which is get on to the process of developing a bi- this institution is all about—the abil- so flawed that even its proponents can- partisan consensus. It is not going to ity to conduct an honest debate on the S1852 CONGRESSIONAL RECORD — SENATE March 4, 1997 floor with different points of view anced budget, it would seem the more complished something that has oc- being expressed. Hopefully from that logical course of action would be to curred only once in the last 33 years. collision of different points of view will support a mechanism that would help After 2002, the deficit picture gets emerge a public policy which will en- to facilitate the outcome. I believe the worse, and gets dramatically worse, able this country to move forward on amendment accomplishes that purpose. when the baby-boom generation, a the correct course. The amendment itself is very straight- tidal wave, begins to impact the pro- Mr. President, the Senate will soon forward. Congress may not let spending grams that we have put in place for the cast a historic vote to decide whether exceed revenues in a given year unless elderly in America. Without the bal- Senate Joint Resolution 1 should be- a 60-percent supermajority of those anced budget amendment, the tempta- come a part of our Constitution. This elected both in the House and the Sen- tion will always be there, the tempta- may very well be the most significant ate vote to permit a specific amount of tion to avoid making the hard choices. vote the Senate will cast in this ses- deficit spending. While this does not History shows us all too well that at sion of the Congress. If we are success- guarantee balanced budgets, it will, in the Federal level both the White House ful, it could dramatically alter the fu- my judgment, make it more difficult to and the Congress, without reference to ture of our country in a very positive authorize deficit spending if this proc- partisan affiliation, has tended to take way. I renew my request and urge my ess, a constitutional amendment, is in the easy road. It is true that Senate colleagues to vote in favor of a bal- place. Joint Resolution 1 does not guarantee anced budget amendment for the sake My experience as Governor of Nevada that we will not take the easy road, of future generations. convinces me of the merits of this proc- but I submit it would make it much The Senate has been debating Senate ess. With a State constitution that re- harder to do so. Joint Resolution 1 for an entire month, quires a balanced budget, those of us Many of my colleagues who have in- and just as it should when we are con- who were privileged to serve as the dicated they plan to vote against Sen- sidering an amendment to our Con- chief executive of our States were ate Joint Resolution 1 have stated stitution, the debate has been thought- forced to make hard choices in spend- their concerns over not excluding So- ful and thorough. We have debated seri- ing and on revenues, particularly dur- cial Security from the budget calcula- ous and credible amendments on a wide ing the period of economic slowdown tions. While I agree that excluding So- cial Security would be in our long-term range of topics including the treatment during the 1980’s. The year that I as- best interests, I believe they are mis- of Social Security and capital budget- sumed the Governorship of Nevada, taken if they believe that Social Secu- ing. The Senate debated these issues January 1983, we were concerned that rity will be better off without the bal- and after debate decided to leave Sen- the State payroll would not clear be- anced budget. I believe our best option ate Joint Resolution 1 intact and re- cause budget revenues had fallen far would be to exclude Social Security jected each of those proffered amend- short of their original and earlier pro- from a balanced budget amendment, ments. I supported several of the jections. Yet, with that hammer of a and I have so voted. But our next best amendments, but it is now time to put constitutional amendment in place in option is enacting the balanced budget the debate on those amendments be- our own State, it would have been amendment as it appears in the Cham- hind us and pass the amendment. While much more difficult, much more dif- ber today and as we will vote on it this some of us may have felt that the ficult to have ignored the constitu- afternoon. Our worst option is to pre- amendment could be improved with tional mandate to balance the budget. serve or to retain the status quo, and certain change, all of us must realize Therefore, both the Governor and the that is to do nothing, to reject this that we are better off with this amend- State legislature were able to resist proposed balanced budget amendment. ment than with the status quo. the pressure of those good people in our No one disputes that a balanced I would like to take a moment to rec- State urging spending for programs budget amendment will help end our ognize the two of my colleagues who that many of us were for. string of deficits. Some will argue that have spent more time in the Chamber The point I think, Mr. President, is we do not need it to achieve our goal, debating this than any of us, and that the hard choice. It is the nature of but no one says it will not help. And would be the senior Senator from Utah those who are advocates for these pro- while the amendment does not man- [Mr. HATCH], and the senior Senator grams, good people all, to urge more date a balanced budget, it does, in my from West Virginia [Mr. BYRD]. These spending than they know a Governor at opinion, make it more likely. There- men have served in this institution the State level or the legislature at the fore, I think it is reasonable to con- with distinction for a combined 60 State level can approve, and it becomes clude that a balanced budget amend- years. During this past month, each of the responsibility of those of us who ment will lead to less deficit spending them has treated us to his own brand of have served at the State level as Gov- than if we fail to enact the balanced eloquence in espousing his point of ernors to submit a balanced budget and budget amendment. view. It has been a delight for those of for State legislatures to require a bal- If a balanced budget amendment will us who are privileged to serve in this anced budget. help cut deficit spending, what will the institution to hear and to share in that We did not have the luxury of avoid- effects of less deficit spending be on debate. No one who has observed the ing the painful cuts by running defi- programs that we all support, like So- floor proceedings can question the cits. That would have been the easy cial Security? Every dollar of deficit depth of their sincerity about their way out and, unfortunately, the way spending that occurs now is a dollar feelings. It is a tribute to the demo- the Federal Government has chosen to that will not be available to pay Social cratic process to see this kind of debate proceed in 59 of the last 67 years. Security retirees when they need it. occur in this Chamber. My experience as a Senator has also And even worse, we lose not only that Mr. President, amending our Con- taught me how difficult those budget dollar but we lose the interest that we stitution is the most significant action choices can be. The process is essen- pay on it, which multiplies rapidly the Senate can take, and it should not tially the same, with a much greater with the magic of compounding. be undertaken lightly. In this case I be- magnitude, and while we have made The best example of this can be illus- lieve the future of our country is at impressive progress in reducing the trated by looking at where we were in stake—the ability of our children and deficit over the last 4 years—$107 bil- 1980. If we had adopted a balanced our children’s children to have the lion in the last fiscal year, projected at budget amendment in 1980, 17 years same economic choices in their time one time to be $292 billion—the Presi- ago, and had not increased the national that our generation has enjoyed. dent and Congress can justifiably take debt from about $1 trillion to more We are constantly reminded that ev- pride in what they have accomplished, than $5 trillion today, we would not eryone is for a balanced Federal budget but balancing the budget by the year have to cut a single dollar from this but not everyone is for a constitutional 2002 will require sustained discipline, year’s budget to achieve balance. In amendment which puts that process in the kind of discipline that has not other words, we would be in surplus if place and helps us to achieve that goal. characterized our actions either from we did not have to make the interest On its face, this position appears to me the White House or from the Congress. payments on the deficits that were run to be inconsistent. If you are for a bal- If we are successful, we will have ac- up over the last 20 years. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1853 I do not want Senators years from Under current trends, a child born two Houses of Congress to create a full now to say, ‘‘Gee, if they had only today will have to pay $180,000 over and fair record. Sometimes it may have adopted a balanced budget amendment their lifetime to service the national seemed tiring, for the distinguished in 1997, we would not have added tril- debt. What kind of burden are we pass- Senator from Utah and myself, as floor lions more to our national debt. We ing on to future generations? managers, to be here. But the more we would not have added billions more in Given the overwhelming benefits of a have listened, the more we have real- interest payments in servicing that balanced Federal budget, I strongly be- ized that this is one of those issues debt. We would not have to be cutting lieve this country needs a balanced where a strong and full debate record the worthwhile spending programs be- budget amendment to help us achieve has been made. Even if those of us who cause of the larger national debt.’’ this goal. Yes, there are some risks have been here may not realize that at Mr. President, the trend line is both that a minority of our legislators will this moment, certainly historians will. alarming and disturbing. Since 1980, act irresponsibly—but that can happen I believe most of the men and women the percentage of our budget dedicated today if 41 Senators choose to fili- in this body, in both parties, have ap- to servicing the debt has risen from 7 buster. Therefore, I believe we gain the proached this historic debate with a se- to 15 percent. This year’s budget con- benefits of greater pressure to achieve riousness the consideration of a con- tains a line item of $245 billion for in- a balanced budget without incurring stitutional amendment requires. Every terest payment on the national debt. additional risks. one of us should pause and think: We That is the net interest payment. In We have a historic opportunity this vote either to amend the Constitution other words, almost $1 out of every $6 afternoon to change the future course or not to amend the Constitution. With in our budget goes to servicing the $5.3 of our country in a very positive way. the exception of a vote to declare war trillion national debt. If we fail, I am afraid we will look back or with the exception of one or two Worse than that, if the interest we 20 years from now and be even further other areas, I cannot think of anything earn from Social Security and other in debt, with fewer economic choices that approaches the seriousness of vot- trust funds which is supposed to be for that generation, and regret that we ing on a constitutional amendment. No saved to be paid out in future years is had not taken this important step Member of the Senate should take that excluded, the gross interest we owe is today. lightly. All Members of the Senate really $350 billion. I urge my colleagues to vote in favor should think they may only once in No one claims running a Federal of Senate Joint Resolution 1. This vote their lifetimes actually have a vote budget deficit actually helps Social Se- will be your legacy to your children that will determine whether the long curity or other Federal program over and to our country’s future economic and almost sacred process of amending the long haul. Congressman JOE KEN- well-being. our Constitution begins. So we should NEDY who is an undisputed champion of The PRESIDING OFFICER. The Sen- think long and hard how we vote. social programs to help the poor makes ator from Utah. Those of us who expressed our reluc- this point very eloquently. He main- Mr. HATCH. Mr. President, I thank tance to amend the Constitution, for tains that deficit spending has not my distinguished friend and colleague, this or many other issues, have at least helped, but has hurt, spending for so- and certainly for his kind remarks re- said, if we are going to amend the Con- cial programs. garding me. I take those as a special stitution, let us make sure the amend- Every dollar that must go to servic- feeling of friendship and love for the ment is as good as can be written. ing the national debt is a dollar that work he has done and the kindness he We have offered serious and substan- cannot go to school lunch programs, has shown to me. I want to personally tial amendments to this proposal. I be- paving roads, or repairing our ne- express my appreciation for how hard lieve the amendments that we have of- glected national parks. Interest pay- he has worked on this amendment, how fered—all from this side of the aisle— ments are now the second largest Fed- much it has meant to me and others on have revealed serious and substantial eral spending item following Social Se- this side—very much—and, I think, to flaws in this proposed change to our curity in our budget. his colleagues who are voting with him Constitution. I must ask my colleagues who sup- on his side. I just want to personally What has bothered me in this debate port taking Social Security out of the express my gratitude to him for the is instead of addressing these serious balanced budget amendment, as I do, good work he has done. and substantial flaws, instead of ac- whether their interests are not better I reserve the remainder of my time. knowledging what writers outside the served by a constitutional amendment Mr. LEAHY addressed the Chair. Senate have acknowledged, that the that helps facilitate a balanced budget. The PRESIDING OFFICER. The Sen- proposed change to the Constitution is This is now my 9th year in the Sen- ator from Vermont. flawed, but instead of addressing the ate. I do not recall a single Senator Mr. LEAHY. Mr. President, I also substantial flaws, the sponsors of the getting up and offering a budget that have great affection and respect for the resolution have proceeded with a no- excluded Social Security from the Senator from Nevada. I know to err is amendment strategy, in which they budget calculations. For those who human and to forgive divine. While I have failed to consider the merits of profess to feel so strongly about Social make no claims of divinity, I forgive the amendments. I think there was an Security that they cannot vote for a him for his position on this. up-or-down vote only one of the amend- balanced budget amendment, why have I also point out both the distin- ments. The others were all tabled. The they never attempted to exclude Social guished Senator from Nevada and the sponsors of this proposed constitu- Security from past budgets? distinguished Senator from Utah are tional amendment have taken the While it is wrong to use Social Secu- two of the hardest working Members of unyielding position that no changes in rity to mask the true size of the defi- this body. In their debate, they have the language are acceptable. cit, including Social Security, that is been strong and forthright, as has the I cannot think of an instance that a no reason to vote against a balanced distinguished Presiding Officer, who major and contentious issue has budget amendment, in my view. made his first speech on the Senate reached the Senate floor where Mem- The greatest threat to Social Secu- floor on this issue. I noted at that bers have not realized, before its con- rity is the debt. There are real and tan- time, so many times when one gives his clusion, that there may well have to be gible benefits for every American fam- or her first speech on the floor it is on some changes. During the weeks of de- ily if we balance the Federal budget. an inconsequential item. This time, it bate on Senate Joint Resolution 1, this Interest rates are estimated to be 2 was one of the most important items no-amendment strategy has been a dis- percent higher because of the deficit. that the distinguished Presiding Offi- appointment to many, certainly to the The average price of a new home is cer will have a chance to debate during senior Senator from Vermont. I do not $37,000 more because we can’t balance his tenure in this body. believe this is the way to debate an the budget. A student loan is estimated I say this because I think during the amendment to the Constitution of the to be almost $2,000 more expensive and past weeks of debate, all of us, Repub- United States. Both proponents and op- a new car $1,000 more expensive be- licans and Democrats, have tried to ponents of this proposed constitutional cause we haven’t balanced the budget. fulfill our responsibility as one of the change should be searching for the best S1854 CONGRESSIONAL RECORD — SENATE March 4, 1997 language possible to propose to the wreaked the greatest havoc in the lives Mr. HATCH. I have no objection. This States. of American people in this century. It is fine. I am happy to accommodate the My own feelings, as a Member of the was a depression that caused great mi- minority on this. U.S. Senate, is that if this is going to gration of people from various parts of Mr. LEAHY. Mr. President, I was pass, let it at least pass in the best pos- our country, nearly wreaked our farm going to speak about the Dodd amend- sible form. Today, it is a long way from economy, our agrarian economy, and ment, but I will withhold on that and that. destroyed the hopes and dreams of fam- will do that at another time. I yield 12 As the distinguished Senator from ilies in every part of America. minutes to the distinguished Senator New Jersey [Mr. TORRICELLI], said, What we have done now is say if your from Maryland. ‘‘Good is simply not good enough when State or region is hit by a major reces- The PRESIDING OFFICER. The Sen- we are amending the Constitution of sion or emergency that a minority of ator from Maryland. the United States.’’ Senators or a minority of Representa- Mr. SARBANES. Mr. President, I Frankly, Mr. President, constitu- tives could stop a Federal response to thank the distinguished Senator from tional amendments are held to a higher that major recession or emergency. Al- Vermont for yielding me this time. standard. The perfecting and substitute though the sponsors of this measure re- Mr. President, there is no doubt that amendments offered during the debate peatedly outline the dangers of a budg- this is an extremely important vote on this amendment showed the serious et deficit, they fail to address how the that Senators are about to cast this and substantial flaws, and I will recall proposed constitutional amendment afternoon. An amendment to the Con- a few of them. will provide for the flexibility needed stitution to require a balanced budget I will continue speaking. I have al- in economic downturns without hold- ought to give every Senator great ready talked with my good friend from ing working families in hard-hit re- pause. Utah about when a Member on the gions hostage to a supermajority vote. First of all, amending the Constitu- other side comes and seeks recognition, Senator DURBIN’s amendment would tion is no light enterprise under any I will, of course, yield for him or her to have restored that flexibility by requir- circumstances. Second, we ought to be speak. But while waiting for that, let ing a majority vote to respond to eco- certain that we are not falling into the me talk about a few of these amend- nomic recessions and emergencies. trap of unintended consequences, that But the sponsors and proponents of ments. we do not pass an amendment that We had the Durbin amendment. The Senate Joint Resolution 1 opposed the does more harm than good. In this re- Durbin amendment. The sponsors and distinguished Senator from Illinois spect, we ought to heed the advice proponents of the underlying resolu- [Mr. DURBIN], offered the first amend- which we have been receiving from tion did not offer alternative language ment during our debate, and it high- many quarters with respect to the po- to address the real economic concerns lighted the fact that Senate Joint Res- tential impact of this amendment to surrounding Senate Joint Resolution 1. olution 1 is unsound economic policy. the Constitution on our ability to con- Instead, with lockstep voting, they de- What he did in his amendment would duct wise economic policy. feated the Durbin amendment by a have allowed us to waive this article by In this respect let me make four vote of 64 to 35. Having forced this ef- majority vote in the event of an eco- points in opposition to the balanced fort to be tabled on February 10, and nomic recession or a serious economic budget amendment. they rejected the Torricelli amend- emergency. First, let me discuss the effect of this ment on February 26, the Republican His amendment had the underpinning amendment on our ability to avert or leadership hinted this weekend that of the statements of more than a thou- slow economic downturns. they are now themselves finally consid- Mr. President, over 1,100 economists sand of the Nation’s most respected ering an amendment along these lines have taken out an advertisement con- economists, including at least 11 Nobel but have not brought one forward. laureates and the former chairman of It is ironic, last Friday, the Senate demning the balanced budget amend- President Nixon’s Council of Economic passed an air ticket tax—they rein- ment as unsound and unnecessary. Its Advisers, the current and former Fed- stated one that had lapsed—imposed a signers include 11 Nobel laureates in eral Reserve Board Chairman, the significant tax without a recorded vote economics, and they state—and I former Democratic and Republican di- by unanimous consent. I wonder quote: rectors of the Congressional Budget Of- whether the proponents of the provi- We condemn the proposed ‘‘balanced-budg- fice. All agreed that the underlying sions of the underlying resolution et’’ amendment to the Federal Constitution. It is unsound and unnecessary. resolution, Senate Joint Resolution 1, would draft in the Constitution a re- was unsound economic policy. They all quirement that such measures only be They then go on to say—and I think agreed that it would hamper the Gov- passed by a constitutional majority this is an extremely important state- ernment’s ability to cope with eco- after a recorded vote. In this body the ment: nomic downturns. majority leader called up the matter, The proposed amendment mandates per- Treasury Secretary Rubin, one of the and, in moments, it was done. I am not verse actions in the face of recessions. most respected Treasury Secretaries I suggesting it should not have been I repeat: ‘‘The proposed amendment have served with in my 22 years here, done, but it is also reality. This is a mandates perverse actions in the face testified before the Judiciary Commit- significant tax. It is a significant tax of recessions.’’ The statement contin- tee: from which the American people bene- ues: A balanced budget amendment would sub- fit. Hopefully, it will make our airports In economic downturns, tax revenues fall ject the Nation to unacceptable economic safer, air traffic more efficient and and some outlays, such as unemployment risk in perpetuity. This balanced budget safer, and we benefit by it. But it was benefits, rise. These so-called built-in sta- amendment could turn slowdowns into reces- not reinstated with a recorded vote. bilizers limit declines of after-tax income sions and recessions into more severe reces- I withhold the remainder of my time. and purchasing power. To keep the budget sions or even depressions. Mr. President, I had other amendments balanced every year would aggravate reces- I think of the history books that tell I was going to speak to, but I see the sions. us that as the United States was going distinguished Senator from Maryland Secretary Rubin, the Secretary of into its greatest depression, President on the floor who is seeking time. How the Treasury, testifying before the Herbert Hoover, wanting to give credi- much time does the Senator from Senate Judiciary Committee, echoed bility to the American people and hope Maryland want? these sentiments when he stated that to them, instituted a balanced-budget Mr. SARBANES. Twelve minutes. the balanced budget amendment policy. It was like throwing gasoline on Mr. LEAHY. Mr. President, I yield 12 threatens to turn economic downturns to the smoldering embers of an embry- minutes to the distinguished Senator into recessions and recessions into de- onic depression, and what might have from Maryland. And, Mr. President, be- pressions. been only a slight recession became a fore doing that, I understand this, that Mr. President, along these lines, I depression that destroyed the hopes we are going back and forth. Does the want to draw attention to this chart and dreams of many of our parents and distinguished Senator from Utah have beside me which shows the fluctuations grandparents. It was a depression that any objection? in real economic growth from 1870 to March 4, 1997 CONGRESSIONAL RECORD — SENATE S1855 1995. This is 1870 here. This is 1995 out none of these entities—not States, The difficulty of gathering a super- here. What this chart shows is that local governments, private companies, majority simply cannot be overesti- since the end of World War II, when we or households—would balance their mated. Yet amendment supporters as- began using automatic fiscal stabiliz- budgets if they kept their budget the sert, well, clearly, Congress will see a ers—what the 1,100 economists call the way the Federal Government does in crisis and make the proper response. ‘‘so-called built-in stabilizers’’—we accounting terms. There is no capital Our history, however, simply does not have been able to greatly ameliorate budget at the Federal level. support that contention. the fluctuations in the business cycle. State and local governments have a Let me give you just one example, in- You still get business cycle fluctua- capital budget, and they borrow in volving national security, because pro- tions, but you do not get the boom- order to finance it. I sat on a commit- ponents of this amendment contend and-bust pattern which characterized tee that received testimony from two that it will not inhibit us from address- the pre-World War II period in which a State Governors in favor of the bal- ing our national security needs. In 1940, downturn would become a recession, anced budget amendment to the U.S. on the recommendation of President and a recession would become a depres- Constitution. One of the arguments Roosevelt, the United States enacted a sion. they made in favor of the balanced 1-year draft. The draft came up for re- We have had fluctuations since 1945. budget amendment to the Constitution newal a year later, in the fall of 1941, But they have almost always been in was that their State balanced budget not too long before Pearl Harbor. the positive range in terms of eco- amendments gave them a better credit At this point, the House of Rep- nomic growth. Our economy has bene- rating for when they went into the resentatives had an intense debate fited enormously from this stability. bond market to borrow, allowing them about extension of the draft. Speaker When the economy slows down, unem- to borrow at lower interest rates. Rayburn, in fact, went into the well of Of course, my question to these Gov- ployment rises, tax revenues fall off, the House to appeal for the extension ernors was, if you are required by your and the paying out of unemployment of the draft, saying it was essential for Constitution to have a balanced budg- benefits increases. We therefore auto- the security of our country. That ex- et, why do you have to borrow? Their matically start incurring deficits tension passed in the House on a vote response was, ‘‘Well, Senator, you which serve to slow down and head off of 203 to 202. That vote would not meet don’t understand. We borrow to finance the economic downturn. These auto- the requirements of this balanced the capital budget. Our constitutional matic stabilizers have enabled us to budget amendment, because to meet requirement for a balanced budget is significantly ameliorate the business the requirements of the balanced budg- for the operating budget, but we can cycle. et amendment, you have to have a ma- have a capital budget for which we bor- As the economists’ statement says, jority of the whole membership to row.’’ an amendment to the Constitution re- Of course, it makes good sense to waive the balanced budget amendment quiring a balanced budget would pre- borrow for capital items. Businesses do in time of national security emer- vent this kind of countercyclical fiscal it when they invest in new plant equip- gency. The majority of the whole policy and, therefore, would greatly in- ment and private individuals do it then—as now—would have been 218; 203 crease the risk of severe economic fluc- when they buy a home or a car. Very falls short of the majority of the whole tuations during an economic downturn. few people can afford to buy those requirement in the balanced budget Amendment supporters say, well, we items out of cash in the year of pur- amendment, let alone the supermajor- will be able to see an economic down- chase. If you calculate prudently in ity requirements that are contained in turn begin and we will get a super- terms of your expected income flow the amendment. So those who place majority to waive the amendment’s and the amount you are spending for faith in the assumption that the Con- balancing requirements. The fact of the the capital asset, it makes good sense gress would easily waive the balancing matter is, however, that it is very dif- to borrow in order to finance the cap- requirements are much too sanguine. I ficult to tell when you are in an eco- ital asset, have the use of it over time, am very apprehensive as to whether, nomic downturn. The beauty of the and pay it off over that period as you either in a national security crisis or current system is that it automatically amortize the use of that capital asset. an economic crisis, we would be able to adjusts as the economy goes soft. As Business does it all the time. Private respond. In both instances, it is imper- the economists said in this full-page ad individuals do it all the time. ative to be able to respond early. The in the paper, ‘‘The proposed amend- So this analogy that amendment pro- longer you wait, the more serious the ment mandates perverse actions in the ponents draw to State and local gov- problem, the further you fall behind face of recessions. In economic ernment, private individuals, and busi- the curve. This balanced budget downturns, tax revenues fall and some ness does not work because there is no amendment has the effect, at best, of outlays, such as unemployment bene- capital budget at the Federal level. delaying essential action, and at worst, fits, rise.’’ No congressional action is And amendments that were offered on of preventing such action at all. required for this system to go into ef- the floor to introduce capital budget- Fourth and finally, let me very fect. ing into the Federal accounting process quickly make the point that the way If, in an economic downturn, you try were rejected. to balance the budget is to make the to balance the budget by cutting back Third, it is argued that if we face an budget decisions that we are con- on unemployment benefits and raising economic or military emergency, you fronted with, not to amend the Con- taxes in order to balance it, you will will get a supermajority in this body in stitution. We have been trying to do just drive the economy even deeper. order to waive the amendment’s bal- that, and we have had some good suc- In short, Mr. President, this amend- ancing requirements. Well, Mr. Presi- cess over the last 4 years. We have ment prevents us from doing the very dent, we have seen the difficulty we brought the deficit down. things that have allowed our economy have around here extending the debt How do you actually bring down the to stay on an even keel for the last 50- limit by a simple majority. This legis- deficit? How do you really address this plus years. lation requires a three-fifths super- problem? What I have argued here this Second, Mr. President, it is very im- majority, three-fifths of the total morning is that amending the Con- portant to understand that we do not membership of the body, in order to stitution carries with it great risks, as have a capital budget at the Federal raise the debt limit. Very few of the ef- the economists in this article have in- level. The argument is being used by forts to raise the debt limit in recent dicated, and that we can do the job— the proponents of this amendment that years have had that kind of support. and have been doing it—without a bal- because State governments have to I have voted for debt-limit increases anced budget amendment. balance their budgets, local govern- with Republican Presidents because I I ask unanimous consent that the ments have to balance their budgets, thought it was the responsible thing to full economists’ statement be printed business firms balance their budgets, do. But in many of those instances, in the RECORD. and private individuals balance their even where there was some bipartisan- There being no objection, the article budgets that the Federal Government ship involved, the vote to increase the was ordered to be printed in the should have to balance its budget. But debt limit failed to garner 60 votes. RECORD, as follows: S1856 CONGRESSIONAL RECORD — SENATE March 4, 1997 1,100 ECONOMISTS CONDEMN BALANCED BUDGET nanced capital expenditures, the pro- I thank the Senator from Vermont AMENDMENT: ‘‘UNSOUND AND UNNECESSARY’’ posed Federal amendment makes no for yielding me time. The statement below has been signed by distinction between capital invest- Mr. HATCH addressed the Chair. over 1,100 prominent economists, more than ments and current outlays. Private The PRESIDING OFFICER (Mr. double the number who signed a similar businesses and households borrow all ENZI). The Senator from Utah is recog- statement in 1992. the time to finance capital spending. nized. The signers include 11 Nobel laureates in Mr. HATCH. Mr. President, I have en- economics: Kenneth J. Arrow and William The amendment would prevent Federal Sharpe of Stanford University; Gerard borrowing to finance expenditures for joyed listening to the distinguished Debreu and John Harsanyi of the University infrastructure, education, research and Senator from Maryland. He has made of California-Berkeley; Lawrence R. Klein of development, environmental protec- these points before. the University of Pennsylvania; Wassily tion, and other investment vital to the Let me tell you something. It is easy Leontieff of New York University; Herbert A. Nation’s future well-being.’’ to bring the deficit down when you Simon of Carnegie Mellon University; James If we had a capital budget right now, pass the largest tax increase in history, Tobin of Yale University; and Franco we would have a balanced budget, be- and when you have just ended paying Modigliani, Paul A. Samuelson and Robert cause there is well over $107 billion for the savings and loan crisis. In all Solow of M.I.T. The statement was drafted worth of capital items in the Federal honesty, that is what happened. But, by Robert Eisner, James Tobin and Robert budget. Solow. we still have, for the next 4 years, the ‘‘We condemn the proposed ‘balanced-budg- Third, I addressed the escape hatches deficit going back up. Only in Washing- et’ amendment to the federal Constitution. and the difficulty of obtaining these ton, DC, when you talk about reducing It is unsound and unnecessary. supermajorities. That is really a recipe the increase in the amount of money ‘‘The proposed amendment mandates per- for gridlock. the deficit goes up, do you call it cut- verse actions in the face of recessions. In Fourth, and this leads again to my ting the budget. economic downturns, tax revenues fall and final point, we have brought the deficit The fact is that, under the best of some outlays, such as unemployment bene- down consecutively now for 4 straight fits, rise. These so-called built-in stabilizers circumstances, we have at least a $107 years. How? We made tough decisions billion annual deficit. It is going up to limit declines of after-tax income and pur- on spending and taxing. We voted for chasing power. To keep the budget balanced $200 billion by the year 2002, by the every year would aggravate recessions. the 1993 economic plan. Many of those budget the President submitted. So it ‘‘Unlike many state constitutions, which pushing the balanced budget amend- is nice to talk in terms of how the defi- permit borrowing to finance capital expendi- ment to the Constitution voted against cit seems to be coming down for the tures, the proposed federal amendment that economic plan with respect to the last 4 years, after the largest tax in- makes no distinction between capital invest- budget. That was the plan that enabled crease in history, and the fact that the ments and current outlays. Private busi- us to bring the deficit down from $290 deficit was artificially high in 1992 be- nesses and households borrow all the time to billion in 1992 to $107 billion in the past finance capital spending. The amendment cause we got through paying for the de- fiscal year—a cut of almost two-thirds bacle of the S&L crisis. I am not sure would prevent federal borrowing to finance in the deficit. That was done by mak- expenditures for infrastructure, education, who to blame there. There is more than ing tough decisions. The chart beside research and development, environmental enough blame to go around for who cre- me reveals this progress. protection, and other investment vital to the ated the debt, the question for today is nation’s future well-being. An amendment to the Constitution, by itself, does nothing. You still have who will vote to fix it? ‘‘The amendment invites Congress to re- President Reagan’s desire to have quire states and localities and private busi- to make the budget decisions. We have marginal tax rate reductions to spur nesses to do what it cannot finance itself. It been doing a good job of it. In fact, as also invites more cosmetic accounting, such this next chart shows, we have brought economic growth proved to be the right as increased sales of public lands and other the deficit down from 4.9 percent of our policy. The marginal tax rate reduc- assets counted as deficit-reducing revenues. gross domestic product down to 1.4 per- tions in 1981, actually, according to Disputes on the meaning of budget balance cent. This is the best performance in a many observers, resulted in an increase could end up in the courts. in revenues of over 40 percent during ‘‘The amendment does contain escape quarter of a century, as a percent of GDP. the additional years. At the lowest, it hatches, but they require super-majorities in was 28 percent. Really, I think it was peacetime, three-fifths of the ‘whole number’ So, Mr. President, we have been (including absentees and non-voters) of each doing the job. And the way to continue closer to 40 percent. But the real prob- House to adopt an unbalanced budget or to to do the job is to address the deficit. lem was that our friends of the more raise the debt and a majority of these whole As I noted, it is now down to 1.4 per- liberal persuasion kept spending, and numbers to pass a bill to raise taxes. These cent of GDP. This is better than any President Reagan himself spent more provisions are recipes for gridlock and oppor- other major industrial power in the on defense. So there is no question that tunities for irresponsible minorities to insist world. Chairman Stiglitz of the Council all of that was what caused the high on their agendas. of Economic Advisors says he now goes deficits, not the tax rate reductions. ‘‘The amendment is not needed to balance Having said all of that, we also know the budget. The measured deficit has fallen to international conferences and every- dramatically in recent years, from $290 bil- one is talking about how well and how that automatic stabilizers are not what lion in 1992 to $107 billion in 1996, to some 1.3 successfully the American economy is they claim to be. There are many rea- percent of gross domestic product, a smaller working. This figure—deficit as a per- sons why we come out of recessions and proportion than that of any other major na- cent of GDP, 1.4 percent—is better than why we haven’t had deeper ones than tion, none of which hobbles its economy with any of the other major industrial coun- we have had. Automatic stabilizers is a balanced-budget mandate. Congress and tries. Consider this chart beside me. probably a very minor part of that, ac- the President can reduce the deficit to zero, This is the U.S. deficit as a share of cording to most economists today. that is, balance the budget, or even create Today is the day of decision for Sen- budget surpluses, without a constitutional GDP, 1.4 percent. Here is Japan at 3.1 amendment. percent; Germany at 3.5 percent; Can- ate Joint Resolution 1, which proposes ‘‘There is no need to put the nation in an ada, 4.2 percent; France, 5 percent; the to amend the Constitution and provide economic strait-jacket. Let the President United Kingdom, 5.1 percent; Italy, 7.2 for a means of getting us to a balanced and Congress make fiscal policies in response percent. So we have been doing the job, budget. The sad reality is that if we do to national needs and priorities as the au- and we have been doing the job the way not adopt the balanced budget amend- thors of our Constitution wisely provided. it needs to be done. ment to the Constitution, then the Mr. SARBANES. To summarize once In short, Mr. President, we ought not bridge to the 21st century is likely to again the economists’ statement, first to meddle with the Constitution. We be washed out with a flood of debt. of all, the balanced budget amendment ought not run the risk of provoking The amendment we will vote on this would not enable us to respond auto- economic prices, of preventing a timely afternoon is the bipartisan, bicameral matically to economic downturns, run- response to a national security threat, consensus. Everybody knows it is the ning the risk, therefore, of turning re- of failing to make capital investments only one that has a chance of passing cessions into depressions. Second, and I in the future of our country. Mr. Presi- and the only chance we have of getting quote, ‘‘Unlike many State constitu- dent, I urge the rejection of this things under control. It is rec- tions, which permit borrowing of fi- amendment to the Constitution. ommended to the American people by March 4, 1997 CONGRESSIONAL RECORD — SENATE S1857 us for their deliberation and their home mortgages, student loans, and need a constitutional solution because State legislatures by Americans of automobile loans even more expensive. that is what the Constitution is for—to good will who will have reached across The Joint Economic Committee has fix basic problems of Government, and party lines to do what is right for our estimated that the average family will to limit the ability of Government to country’s future. save about $1,500 if we implemented a act in ways that are harmful to the Some have suggested that it is some- balanced budget amendment. Our debt people. It seems to me quite clear that how inappropriate to suggest that we has made it more difficult for small to remedy this fundamental problem in amend the Constitution to correct the businesses to grow and to expand, and our National Government that it is en- Federal Government’s borrowing and so has decreased the number of new tirely appropriate to amend our basic spending habits. I would like to empha- jobs that we might have created. charter to say to the Government, size. What is the Constitution for? It In these and many other ways, real ‘‘Stop spending our national inherit- seems to me that it’s primary purpose wealth has been taken away from the ance.’’ By limiting the Federal Govern- is to limit the Federal Government’s American people and from the Amer- ment’s ability to borrow and spend and power to act in ways destructive of the ican families throughout this country. spend away our American legacy, we Who else does it hurt? Certainly our liberties of the people. And the most will be protecting the liberties of all children and our grandchildren. A child central power of Government, espe- Americans. born today enters life with about cially of the Congress, is the power of Mr. President, there is still time for $20,000 of debt as his or her share of our the purse. That should not seem like a Senators to reconsider their position. I $5.3 trillion national debt. It has been new idea. Ever since the nobles of Eng- hope that those who have shown that estimated that this same child will pay land forced King John to sign the changing their minds is not out of $200,000 in extra taxes just to pay the Magna Carta at Runnymede, our con- character will think twice again and interest on the national debt over the stitutional history has been a series of decide to vote the right way—in the lifetime of that child. In fact, that actions to rein in the abuse of power of way they promised their constituents, child will pay over $94,000 in extra the purse to protect the freedoms of in the way they ran upon it, and in the taxes just to pay the interest on the the people. That is what we want to do way they were elected upon it. The bal- national debt, up until that child’s here because it is apparent. If you look anced budget is the right thing to do first 18 years are completed. These at these last 28 years of budgets, all un- for our children, our grandchildren, children did not get to vote on this balanced, none of which has done the and for all Americans. debt and tax burden. They didn’t vote job, that have put us where we are, it I reserve the remainder of my time. on the spending programs that they wasn’t just Reagan, Bush, Clinton, or Several Senators addressed the will be paying for. Mr. President, I Carter. It is 28 years of this. And, if you Chair. have called this ‘‘fiscal child abuse,’’ really want to stop things, yes, we have The PRESIDING OFFICER. The Sen- and that is exactly what it is. It is also to have better Presidential leadership ator from Vermont. taxation without representation in its on the budget. But ultimately, the fis- Mr. SARBANES. Mr. President, will purest form. the Senator yield me 2 minutes? cal buck stops right here in Congress, The clear fact is that the Federal and the Congress is the body that can’t Mr. LEAHY. I yield 2 minutes. Government’s debt habit is hurting Mr. SARBANES. Mr. President, I get its spending habits under control. current and future Americans. But in a For the first century and a half of simply want to make this observation. way that avoids direct electoral ac- our Nation’s history our Nation—it lit- Well over half of those budgets that countability. By taking the easy the Senator from Utah points to in erally went without saying—the Gov- course to borrowing, the Government ernment would only borrow in times of that pile would have been in balance if can hand out Federal money without we had a capital budget. The fact of the supreme emergency, and then would having to raise Federal money directly repay the debt in good times. That matter is we didn’t—and don’t—have through taxes. capital budgets. State and local gov- began to be abandoned in the 1930’s and Over the period of debt financing the ernments have capital budgets. Busi- was entirely abandoned in the 1960’s Government has grown and has nesses and private individuals have and 1970’s. In 58 of the last 66 years, and intruded itself into every area of life for the last straight 28 years, the Fed- but has become even less and less ac- capital budgets. But we have a budget eral Government has spent more countable for the people. Some say, accounting system that requires us to money than it has taken in. Yet, we ‘‘Let’s just do it,’’ meaning that we can cover the capital items as well as the have these people coming to the floor balance the budget right now, if we operating items. If we had done budget saying, ‘‘All we have to do is do it, and will. We have tried all of that. Repub- keeping the way everyone else does the President will sign it.’’ Give me a licans, Democrats, and the White budget keeping, well over half of those break. House have promised balanced budgets, budgets would have been in balance. Mr. SARBANES. Will the Senator and the debt just continued to go up. He talks about young people being yield for a question? Democrats and Republicans promised born with a debt hanging over them. Mr. HATCH. I do not have the time balanced budgets, and the debt went They are also born with a tremendous to yield, or I would be happy to. Let me up. We had recessions and wars, and number of physical assets that have just finish my remarks. the debt went up. We had peace and been purchased that are available to This pile of books illustrate the near- prosperity, and the debt went up. Since them for their use—a transportation ly three decades of unbroken deficits. 1978, we passed no fewer than five network, a communication network, a Think of it. Nearly 30 years in an un- major budgetary regimes to force us to research and development network, broken line, and 58 of the last 66 years balance the budget, and the debt went and an educational infrastructure. All during good times and bad times the up. have been paid for by previous genera- Federal Government has simply spent Just think about it. In the last Con- tions for their use out into the future. money that it didn’t have. And, frank- gress, we even passed a balanced budg- Mr. HATCH. Will the Senator yield ly, it is our fault in Congress for allow- et. But the President vetoed it. And on my time? ing this condition to continue. the debt went up again. We have tried Mr. SARBANES. Yes. Some question. ‘‘Who has this hurt? promises. We have tried statutes. They Mr. HATCH. Is that why you want a We owe the money to ourselves. It has don’t work. capital budget? I guess it is so you can no effect.’’ Right? Wrong. It has hurt Look at this stack of failed attempts continue what you have been doing. average Americans by reducing their of 28 straight years; 58 of the last 66 Sure. So you can continue to just wealth and by reducing the Nation’s year of unbalanced budgets. ‘‘Let’s just spend, and just call it a capital budget. economic sovereignty as we have relied do it’’ just doesn’t do it. That line may My gosh. It suddenly dawned on me. I on foreign creditors, and foreign credi- be great for selling sneakers, but it has was starting to think maybe a capital tors are starting to control our coun- not helped us to balance the budget. I budget was a good thing. But there is try. Because the Government is com- will tell you that. no bond rating system to restrain the peting for money to borrow, it has We have a fundamental problem with Federal Government, as is the case in driven up the interest rates making the way our Government operates. We the States. We make the money. We S1858 CONGRESSIONAL RECORD — SENATE March 4, 1997 print it ourselves. We do whatever we That is the target that those countries ture: Are we going to continue to want to. I guess we could just continue are working to achieve. Everyone says, shackle our children and grandchildren business as it is, and just call it a cap- well, that is a really tough standard with debt or are we going to curtail the ital budget. Put all of these things that that these European countries are try- excessive spending habits of Washing- we should have to pay for into a capital ing to meet. ton? Passing the balanced budget budget, and say, ‘‘We balanced the The United States is at 1.4 percent. amendment signals a choice for fiscal budget.’’ Just continue the same sys- Mr. LEAHY. We have cut in half discipline, economic prosperity, and a tem. That is what we are talking what they have set as that tough tar- better future for our children. about. get. We have done half again better. Is Federal spending cannot continue in- Mr. LEAHY addressed the Chair. that what the Senator from Maryland definitely on its current course. If we The PRESIDING OFFICER. The Sen- is saying? continue on our current path, entitle- ator from Vermont. Mr. SARBANES. The Senator is ab- ments and interest on the debt will Mr. LEAHY. Mr. President, on my solutely correct. Another criterion consume all Federal revenues by 2012— time, if we are going to go by rating, I they had was that your debt, your total leaving not a single tax dollar for de- say to my friend from Maryland, let’s debt had to be at 60 percent of your fense, education, medical research, na- see how we would rate. I think prob- GDP. We are at 50 percent. I do not tional parks, and other important gov- ably one way of rating is our deficit as have a chart on that one. But we are at ernment functions. For 28 years, we a share of GDP. I say this because we 50 percent. We easily meet both of the have continued on this path. We cannot do it for ourselves. We talk about hav- criteria that are being used by the Eu- continue on it for the next 28. ing our household budgets in line. As a ropean countries pursuant to the Today, the Federal debt stands at U.S. Senator, I own a home, of course. Maastricht Convention guidelines. And $5.3 trillion. Grasping the concept of a But my real home is in Vermont. But I everyone is saying, boy, this is a tough trillion dollars is difficult, but let me have a home to use when I am down in job. If you get to it, you are showing try. If you started a business in the the Senate. Now, I do as almost all tremendous fiscal discipline. year 1 and that business lost $1 million Vermonters, unless they have a lot We are already well within both of every day since then, you still would more money than I do. I buy that with those targets. None of the 15 countries not have lost your first trillion dollars. a mortgage. I could not pay for those that are members of the European Paying interest alone on America’s homes all in 1 year. I am in deficit. Union have done as well as the United debt costs taxpayers about $300 million Mr. SARBANES. If the Senator will States on these two criteria, with the a year. Thus, a child born today will yield. exception of Luxembourg. pay more than $180,000 on the debt over Mr. LEAHY. I am in deficit on that. Mr. LEAHY. Mr. President, I see now his or her lifetime—just in interest. Mr. SARBANES. Exactly. The year that my distinguished colleague from The balanced budget amendment will the Senator took out the mortgage, he Utah has someone to speak on the take a bold step toward reversing this was in violation of the concept of the other side. I am about to yield to him. trend by adding a simple rule to the balanced budget amendment to the I hope, though, that those who watch Constitution, a rule followed by fami- Constitution. this debate around the world will real- lies when they draw up their own budg- Mr. LEAHY. Exactly. ize that we are making debate on what ets and by businesses when they fore- Mr. SARBANES. Any business that is the world’s strongest economy, the cast their finances. This rule says, borrowed to expand plant and equip- strongest economy recorded history ‘‘total outlays in a particular year will ment—and virtually all businesses do has ever shown. I worry sometimes not exceed total receipts in that year.’’ it—violates the concept of this bal- when I hear this denigration of our That is legalese for forcing Congress to anced budget amendment to the Con- economy and that we need gimmicks to live within its means. stitution. fix it. It is like some of the debate on Some people have asked me why Con- Mr. LEAHY. In fact, I might say to the military budget during the cold gress and the President need to en- my friend from Maryland, we talk war: Oh, my God, we are falling so far shrine this rule in a document as im- about how they might rate us if we had behind, until someone said, well, would portant as the Constitution. Especially a capital budget. I look at the chart we trade our Air Force for the Soviet given today’s new commitment to bi- that he has been good enough to bring Air Force or our Navy for the Soviet partisanship, some wonder why their up, and I think that the United States Navy or our Army for the Soviet lawmakers cannot agree to make the is rating pretty darned good. We are an Army? And everybody said, Oh, of tough choices necessary to balance the awful lot better in our deficit than all course not. I ask just one question. budget. The simple answer is that Con- the rest of the First World—Japan, Would we trade the U.S. economy for gress and the President need the Germany, Canada, France, UK, Italy. I any economy in the world? amendment to guarantee fiscal dis- think our bonds would be pretty darned I yield the floor. cipline whether or not that political good. I say this to my friend from Mr. HATCH addressed the Chair. commitment to a balanced budget ex- Maryland. We all know we are in about The PRESIDING OFFICER. The Sen- ists. We need the amendment to ensure as much of a global market certainly ator from Utah. the budget is balanced in 2002 and 2012 as at any time in the Senator’s lifetime Mr. HATCH. The only gimmicks I and 2022. or my lifetime, and markets become have seen are the gimmicks of these Opponents of the amendment cite even more global as we go on with ev- amendments that are really filed for four objections. First, they claim we erything from the Internet to plants one purpose and that is to cover what should exempt Social Security from worldwide. I ask my friend, what is the really is a very difficult vote, voting budget calculations to protect seniors dominant currency when we talk about against the balanced budget amend- and preserve the program. However, ex- that global market? Is it not the dol- ment. empting Social Security from the bal- lar? I yield 4 minutes to the distinguished anced budget amendment will not Mr. SARBANES. If the Senator will Senator from Tennessee. strengthen Social Security in any way, yield, it is certainly the dollar. Every- The PRESIDING OFFICER. The will not add a single year to the Social one is anxious to hold U.S. Treasury Chair recognizes the Senator from Ten- Security trust fund, and will make bal- bonds. Let me say to my colleague, the nessee. ancing the budget even more difficult. Maastricht Agreement for the Euro- Mr. FRIST. Mr. President, I rise Simply moving Social Security off pean Union set out certain criteria today in strong support of Senate Joint budget does not address the structural that countries had to meet in order to Resolution 1, the balanced budget challenges the program will face when qualify for the monetary unit. These amendment to the Constitution. I espe- the baby boomers begin to retire. The were regarded as extremely severe cri- cially want to commend my good President knows this. He cites Social teria. One criterion set out in the friend, Senator HATCH, for his tireless Security as one of his reasons for op- Maastricht Agreement was that they dedication to passing this amendment. posing the amendment but does not ex- had to bring their deficit as a share of Mr. President, our Nation faces a empt it in his own budget. The greatest GDP down to 3 percent—3 percent. critical choice about our economic fu- threat to Social Security is not the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1859 balanced budget amendment; it is the personally thank him and express my security, and to our national security unrestrained growth of debt that jeop- gratitude for the good leadership and is the national debt. ardizes every single Federal program, hard work he has shown in trying to Each year we pay more interest, on especially Social Security because it is pass this amendment. more debt, and that leaves fewer dol- the largest. The PRESIDING OFFICER. The lars to spend on everything else we The second objection is that the Chair recognizes the Senator from Vir- look to Government to provide. amendment restricts our ability to run ginia. And if we don’t make some changes deficits in times of emergency or reces- Mr. ROBB. Mr. President, I must con- soon, in just 15 years every cent the sion. Running deficits is, at times, un- fess that I am not particularly com- Government takes in will be required avoidable. But recent budget history fortable as a proponent of adding a bal- just to pay for entitlement programs shows that deficit spending has become anced budget amendment to the Con- and interest on the national debt— the rule rather than the exception in stitution, and I never have been. every cent. Washington, a trend that is unaccept- Many of those with whom I am fre- Now that is really something to able to the American taxpayer. The quently aligned on issues that don’t worry about. first sentence of the amendment pro- enjoy much popular political support The other argument heard so often is vides appropriate flexibility to permit yet represent sound public policy are that the balanced budget amendment, deficits when a three-fifths majority of very much opposed to this amend- will not permit us to respond to na- Congress deems it necessary. ment—and cannot understand why I tional emergencies. Third, opponents claim that the am supporting it. That is nonsense. amendment risks judicial interference But I am not persuaded by the impas- To be sure it is designed to increase in budget decisions. In his State of the sioned arguments against it, and, re- the pressure on us to make the politi- Union Address, the President himself grettably, that leaves me at odds with cally difficult choices we keep avoid- cited his concern of ‘‘unwanted results the President, the leadership of my ing. such as judges halting Social Security party, most editorial writers, and vir- But for any real emergency we can checks.’’ The balanced budget amend- tually all of the progressive organiza- override it with 60 votes, as we have in ment does not allocate power to the tions with which I often find common the past. courts to decide budget and economic cause. Just look at how many votes we get matters. Rather, it establishes a proce- It was out of frustration that I first on our routine emergency supple- dure to restrict Congress’ budget au- came to support the amendment well mental appropriations bills. thority—a supermajority vote to run over a decade ago during the time the In times of true national emer- deficits. Federal Government began to run huge gencies, we will have virtually unani- Fourth, opponents say we should in- annual deficits year after year, with no mous support to waive the limitation clude an exemption for capital budgets. evidence of the discipline necessary to and in the interim, we will have an Capital investments are very impor- rein them in and I have been a reluc- added incentive, to be more fiscally re- tant. Everyone knows that. However, tant backer ever since. sponsible. as I discussed earlier, we will have no As most of our colleagues know, how- Mr. President, notwithstanding good money for capital investments in just ever, I’ve always been far more com- intentions and despite the rhetoric to 15 years if we continue on our current mitted to a balanced budget than to a the contrary, I just do not believe ei- budget course. As with Social Security, balanced budget amendment and I ther the executive branch of the Fed- the debt is the greatest threat to these would not be supporting an amendment eral Government or the legislative investments. now, if I held out any hope that we branch of the Federal Government Furthermore, if we created a sepa- would actually reach that goal without have the collective will to make the rate capital budget, the process of de- it. really tough but necessary decisions fining ‘‘capital spending’’ could be In truth, actually achieving a bal- without the added pressure the bal- abused—opening a huge loophole for anced budget will be extremely dif- anced budget amendment will help deficit spending. We have seen this ficult and there is no guarantee that guarantee. happen in the States. In New York we’ll reach it, with or without the So, the die may well be cast. It may City, for example, they declared the amendment, because we will have to be it will fall one vote short. But I hope useful life of a school textbook to be 30 make some politically painful deci- all of those who profess to support a years, stretching out spending far be- sions to get there—either way. balanced budget, whether with or with- yond the book’s actual existence. And that is really the point. out an amendment, will keep those All of these arguments are a smoke Why fear the amendment if it will commitments in mind as we approach screen that obscures the real issue at only put more pressure on us to make the very difficult choices that we inevi- stake: constitutionally mandated fiscal the same tough decisions we’re going tably face if we are ever to get to that discipline. to have to make anyway if we’re seri- particular goal. If we can enact and sustain this dis- ous about balancing the budget. Mr. President, I yield any time I have cipline, the economic rewards are con- We owe it to the American people, remaining, and I thank the Chair. siderable. Looking back, if we had not and to future generations in particular Mr. DOMENICI addressed the Chair. run deficits the past two decades, the to be a whole lot more candid about Mr. HATCH. How much time does the average American family’s annual in- the choices we face, and the decisions distinguished Senator from New Mex- come would be $15,500 higher. Looking we are going to have to make. ico need? We are running out of time ahead, if we balance our budget now, We cannot keep promising that we on this side, but I think the distin- we can increase per capita income by 26 will not touch Social Security or Medi- guished chairman of the Budget Com- percent over the next 20 years. care or Medicaid or veteran’s pensions mittee deserves to take whatever he Passing the balanced budget amend- or any other entitlement program, be- wants to. ment represents the first step down cause we are going to have to make Mr. DOMENICI. Mr. President, 7 or 8 this road to economic prosperity. With some adjustments to all of these pro- minutes? a fiscal discipline embedded in the Con- grams, or we will put them all at risk. Mr. HATCH. All right, I yield 8 min- stitution, Congress will be forced to I am particularly concerned about ar- utes to the distinguished Senator. confront tough problems sooner—rath- guments that suggest we threaten So- The PRESIDING OFFICER. The er than pushing mountains of debt on cial Security if we pass a balanced Chair recognizes the Senator from New to future generations to endure. budget amendment. That is just not Mexico. I urge my colleagues to pass the bal- true. Mr. DOMENICI. Mr. President, I just anced budget amendment. The greatest risk for Social Security listened to my good friend from Vir- Mr. HATCH. I thank my colleague for is not taking the need to balance the ginia talk about whether we have the his excellent statement, Mr. President. budget seriously. will or not without a constitutional I yield 6 minutes to the distinguished The real threat to our security, to amendment mandating a balanced Senator from Virginia. And I want to our Social Security, to our economic budget. Let me say to everyone, the S1860 CONGRESSIONAL RECORD — SENATE March 4, 1997 President of the United States has been You pull a trigger and you cut spend- lot better than the President, because saying he has the will; the will to get ing. Why don’t you pull the trigger he is not doing it himself. His budget a balanced budget by 2002 has been a next year and start cutting spending? needs a constitutional amendment al- cornerstone to what he has been saying You wait until the end and you ‘‘trig- most as bad as any of those budgets we during his campaign and during the ger’’ out—neat word—trigger out the have up here. How many years is that, last couple of months. tax cuts that you put in place. So you I ask the Senator from Utah? Twenty- The truth of the matter is, I say to raise taxes, because you were wrong nine? Twenty-eight? We probably need my friend from Virginia, he did not and you could not get to balance, so it as bad on the President’s budget as present a balanced budget. Last night, you say, we will cut your taxes for 3 any of those budgets out here which the Congressional Budget Office told us years but in the fourth and fifth years, caused us to go into this 5 trillion dol- that the President’s budget, in the last when we are out of balance, we will put lars worth of debt. year, the year it is supposed to be in the taxes right back on. That is a neat Mr. HATCH. Will the Senator yield? balance, is $70 billion in the red. You trigger, isn’t it? It is a trigger, so Mr. DOMENICI. I will be delighted know, we are only starting this exer- clearly we ought to be down here say- to. cise at $106 billion. Mr. President, $106 ing, ‘‘We do not need a constitutional Mr. HATCH. The President himself, billion is where we are, and after all amendment″ —this is a new one—‘‘we in his budget, says by the fourth and the Presidential hoopla, sending us this have a trigger. Forget the amendment. fifth year, 75 percent of the savings or great budget, those who estimate say it We will balance the budget with a trig- cuts, whatever, have to be obtained in is still $70 billion in the red in 2002. ger.’’ the 2 years after he leaves office. If that is not enough, let me tell you, And then the President says, ‘‘Of Mr. DOMENICI. Actually, it is 98 the will seems to be to delay, delay, course, we cannot do it all by taxes.’’ now. I gave you a new number. delay. A constitutional amendment So, what we are going to do is we are Mr. HATCH. I was going to ask you, would put a finality to that and you going to trigger an across-the-board you said 98. He was off by that much? would reach the time when you could cut, 4 percent across-the-board on al- Mr. DOMENICI. That’s correct. Mr. HATCH. He himself admitted to delay no more, which I believe is the most everything. Do you believe it? Of 75 percent. reason that my good friend has decided course not. It will not happen. It is an Mr. DOMENICI. The number in his that he must go for this amendment, absolute phony device. budget was 75. Now we have another even though we would all prefer to bal- For those who think we do not need party, a neutral party saying—— ance the budget on our own. Is delay a constitutional amendment because we will balance the budget ourselves, I Mr. HATCH. Am I correct in my un- part of the President’s budget, while he derstanding? I was led to believe there admonishes us not to adopt a constitu- submit, with great regret, that the President’s budget is not an example of was only a $49 billion deficit in the tional amendment? You bet. The Con- fifth year of the President’s budget; in gressional Budget Office just told us doing it ourselves, for it will not achieve the goal. As a matter of fact, it other words, it wasn’t balanced by $49 that next year, the first year we are billion. If I heard the distinguished supposed to be moving toward balance, obfuscates, it hides, it delays, it termi- nates a bunch of programs. Senator correctly, that is now up to $70 the deficit goes up $25 billion. Can you billion, according to the Congressional imagine a deficit increase, from a One big program is terminated in the fifth year, even though it is an entitle- Budget Office? President telling us not to adopt a con- ment. And guess the rhetoric? The Mr. DOMENICI. That’s correct. stitutional amendment because it is rhetoric is, ‘‘Well, the President prom- The PRESIDING OFFICER. The 8 too rigid and he would like the flexibil- ised to do it for only 5 years in his minutes have expired. ity, and stating he just sent Congress a campaign, so it is in the budget for 5 Mr. HATCH. I don’t know when I balanced budget? years.’’ A new entitlement, but at the have heard a better speech on the bal- My friend, Congressman JOHN KA- end of 5 years, it is out. That won’t anced budget amendment than the Sen- SICH, tried to explain this, and I must happen. You already have hundreds of ator from New Mexico has just given, borrow his analogy. He talked about thousands of Americans on this entitle- or a better set of arguments for it. somebody going on a diet and deciding ment to help pay for health care of one Mr. DOMENICI. I know I don’t have that the first 4 years of the diet, you type or another. But because we had a any time left, but I would like to re- will increase your weight prepos- campaign that said we are going to do peat something. Can I just have 30 sec- terously—$25 billion worth, in the first this for 5 years, we will stop it. onds? year—and then when you finally get to You see, the President has just given Mr. HATCH. I yield 30 seconds. the year you are supposed to actually us, in his budget, I regret to say, the Mr. DOMENICI. Mr. President, the lose weight, you all of a sudden, in that best example of why we need a con- best thing the President can offer in last year, you are going to lose 100 stitutional amendment. We just abso- his budget, in lieu of a constitutional pounds. lutely cannot put ourselves to making amendment to do the job, is a trigger. This budget is before us now, brought tough decisions. I say to those nego- This trigger is not going to get us to us by a President who is telling us, tiating for the President, I remain where we have to be, but it is the only I will balance the budget myself— hopeful that there are two things at answer the President has to saying he right? That is what he is saying. Do play that may still get us to the Holy will get us there. There is a newfangled you know how much of this deficit re- Land, and the two things are that this procedure in budgeting that says when duction, according to the experts that President cannot live with 4 years of a the time comes to do what we should we must listen to, occurs in the last 2 sustained fight with a Republican Con- have already done, we will use a gun years of this budget? I assume you gress—he cannot—because what kind of and we will call it a trigger, and we were appalled, I say to Senator ROBB, a legacy is that? ‘‘I did battle with the will automatically cut things that we when you heard 75 percent as the esti- Republicans for 4 years, and that is my didn’t have the courage to do anything mate 2 weeks ago. That is wrong. Mr. legacy.’’ Of course that is no legacy. about for the 4 preceding years. President, 98.5 percent of the Presi- Nor can the Republicans who control Now, that is not doing it yourself and dent’s deficit reduction occurs in the this place—and thanks to Senator it is not anything that would justify fourth and fifth year of this budget. Do ROBB for helping us on these matters. our throwing away this constitutional you believe it? Do you believe that will We don’t draw lines. He is one of the amendment. However, I do believe we happen? Of course not. You will have most committed Senators to getting a are not going to pass it because I think another budget stacked up here, say- balanced budget, and I compliment him those opposed to it are still convinced ing, ‘‘Well, we thought we were getting for it. But we can’t live fighting the we need bigger Government, and the there, but we are not.’’ President for 2 years or 4 years. So I constitutional amendment is an instru- As a matter of fact, the response of think maybe the pot may be able to get ment for less Government rather than the administration today is, we are not stewed up moving in the right direc- more, and that is the reason we are changing a thing because, come that tion of getting a balanced budget. going to lose. I yield the floor. final year, we have a trigger. Did you Let me say, for those who claim we Several Senators addressed the ever hear of a trigger in budgeting? will do it ourselves, they better do a Chair. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1861 The PRESIDING OFFICER. The olution would actually cut, rather than cedural gimmick. If the Congress has a polit- Chair recognizes the Senator from Ver- enhance, our democratic principles of ical will to balance the budget, it should mont. majority rule and separation of powers simply use the power that it already has to Mr. LEAHY. Mr. President, I will not but ultimately lead to less account- do so. There is no substitute for political will. And there never will be. take long. I hear these debates, and I ability to the electorate. Why would it still say the same thing: All we need is do that? Because it would destroy ma- Our Senate oath of office has in it a the courage to vote. We all give great jority rule, and it would turn all con- promise to support and defend the Con- speeches about the need for a balanced tested issues of the budget over to the stitution of the United States. We owe budget, but I remember the Senate and courts, not to the elected people of this to our constituents our best judgment the Senate leadership during the time country. on this. We owe to our children and our of President Reagan endorsing huge Political courage has been an essen- children’s children our best judgment. deficits. In fact, we are still paying the tial ingredient that has helped us My children will live most of their interest on the deficits run up during achieve remarkable deficit reduction lives in the next century. I want them the Reagan and Bush administrations, over the past 4 years. That is a history to live in that century with the best as contrasted to the Clinton adminis- that those who support this flimflam Constitution democracy has ever tration where the deficit has come on the Constitution choose to ignore. known. We demean the Constitution down 4 years in a row and is about to We have succeeded in reducing the defi- with this amendment. I yield the floor. come down for the fifth year, some- cit every year of the past 4, we have Mr. HATCH addressed the Chair. thing that has not happened in the life- cut the deficit by more than 60 percent The PRESIDING OFFICER. The Sen- time of most of us in this body. in that time, and we have had a strong ator from Utah. But to bring it down, you don’t pass economy and sound fiscal policy. We Mr. HATCH. I yield 6 minutes to the a bumper-sticker slogan and stick it on did not do that through a flimflam distinguished Senator from Oklahoma. the Constitution of the United States amendment. We did that through polit- The PRESIDING OFFICER. The of America. To bring it down, you cast ical courage. It meant that some Mem- Chair recognizes the Senator from difficult votes, unpopular votes, votes bers of this body and some Members of Oklahoma. that make you stand up to special in- the other body actually lost their seats Mr. NICKLES. Mr. President, I would terests and single-issue groups from in the Congress by voting for what was like to thank my colleague, Senator the right to the left. right—but they did it—and reminds all HATCH, for his outstanding leadership What we are trying to do is to pass of us that nobody owns a seat in the on this very important constitutional some kind of a feel-good amendment U.S. Senate. Nobody should have their amendment to balance the budget, as that would send most of this to the decisions guided solely by polls, but well as Senator CRAIG and others who courts, that would cripple the strong- rather by what is right. have worked very hard to put us in a est economy in the world. Let us re- So why do we not stay the course of position to be able to pass this amend- member that, with all those who come what we have been doing, bringing the ment. and talk about the dangers of our econ- deficit down and use bipartisan work Mr. President, I have been here now omy, I ask them, what country in the for further progress? It is an illusion- for 17 years. I cannot think of a more world would they trade economies ary quick fix by constitutional amend- important vote that I have ever cast with? We have the strongest economy ment, and it makes the job more dif- than the vote we will be casting today. in the world. It is like the days of the ficult. If we cast a vote in favor of passing a Soviet Union when everybody said, The questions raised during this de- constitutional amendment to balance ‘‘Well, our military is falling apart,’’ bate will not go away and cannot be ig- the budget, we will change the way we and we say, ‘‘Do you want to trade our nored. They point to a series of fatal do business in Washington, DC. Air Force for theirs, our Army for flaws in proposing and conducting our When we are sworn into office, we theirs, our Navy for theirs?’’ We have economic and budgetary functions this stand right here on the floor of the to say no. way. Senate, most of us with a hand on the When we have the strongest economy A recent editorial in Vermont by the Bible, saying we swear to uphold the in the world, when we have a deficit Burlington Free Press said it: Constitution of the United States. It that is the smallest as percentage of Amending the Constitution to require a will change the way we do business. It our gross domestic product of any in balanced budget amendment would be like will mean we are going to start being the industrialized world, let’s not start using a sledgehammer to nail a picket in a responsible; we are going to quit spend- talking about trading what is working fence. The picket might stand, but at great ing more than we take in. It will not be for countries that do not work any- risk to the fence. easy. It will be a challenge, but we can where near as well as what we have. I think of what Senator Hatfield said do it. Almost all States do it. It does Let us back off from the political siren when he stood up and opposed this. not mean it is easy, but they do it. And call of saying, ‘‘We’ll do this on a Senator Hatfield, then the chairman of we should do it as well. bumper-sticker slogan slapped on to the Senate Appropriations Committee, I will read something from Thomas the Constitution,’’ the greatest Con- said: Jefferson. stitution in the world, because then The debate on the balanced budget amend- I wish it were possible to obtain a single some day somebody else, probably a ment is not about reducing the budget defi- amendment to our Constitution. I would be cit. It is about amending the Constitution of Federal court, will do what we can do willing to depend on that alone for the re- the United States with a procedural gim- duction of administration of our Government today. mick. I know that we cannot legislate po- to the genuine principles of its Constitution; What I say is, it is amending the Con- I mean an additional article, taking from the litical courage and responsibility, but stitution with a bumper-sticker flim- Federal Government the power of borrowing. that is what we are trying to say we flam. That is what it is doing. Thomas Jefferson was right. He also are going to do. No amendment to the Senator Hatfield said: said: Constitution can supply the represent- As I stated during the debate on the bal- atives of the people of this great coun- The question whether one generation has anced budget amendment last year, a vote the right to bind another by the deficit it try with political courage and respon- for this balanced budget amendment is not a imposes is a question of such consequence as sibility. Indeed, the majority report on vote for a balanced budget, it is a vote for a to place it among the fundamental principles this amendment concludes that the ul- figleaf. of government. We should consider ourselves timate enforcement mechanism that Mr. President, it is a pretty small unauthorized to saddle posterity with our can lead to balancing the budget is the figleaf. We ought to be embarrassed to debts, and morally bound to pay them our- electorate’s power to vote. How true, put that figleaf on anything, especially selves. but that power to vote doesn’t come in on the greatest Constitution democ- He was exactly right. 10 years from now in a constitutional racy has ever known. Mr. President, there is an article amendment. That power to vote has Senator Hatfield said: where countless Presidents, almost been there throughout the history of Congress should not promise to the people every President when they made a this great country. The underlying res- to balance the Federal budget through a pro- State of the Union Address, said they S1862 CONGRESSIONAL RECORD — SENATE March 4, 1997 were going to lead us toward a bal- I think we need a constitutional amendment, to prepare for Desert anced budget, including Bill Clinton, amendment to make us do it, to tell us Storm. You could not spend an extra including Ronald Reagan, including to do it. One of the reasons I think we dollar to have prepared for World War George Bush, including almost all continually have a deficit is you are a II, which everybody knew was coming, Presidents. But, unfortunately, we lot more popular spending money for if it unbalanced the budget. have not done it. And I say we. It is not people than taking it away from peo- You talk about a minority, listen to just the administration. It is Congress. ple. this, Mr. President. With 435 House I think we need the constitutional con- Mr. President, I believe this is one of Members, 100 Senators, if we want to straint to get us there. the most important issues we will have unbalance the budget, it is going to re- In the last election, President Clin- confronting us this Congress, maybe in quire 60 percent of both Houses. Let’s ton and Bob Dole said, hey, we need a our lifetimes. If we really do want to assume that every single House Mem- balanced budget. Some people said, have Government act responsibly and ber, all 435, vote aye to unbalance the well, that means that it is a done deal. quit saddling our children with addi- budget, bring it over to the Senate, and That is not really the case. I heard my tional debt —right now, per capita, let us assume that 59 Senators vote aye colleague and friend, Senator LEAHY, that debt is over $19,000 per child, per to unbalance the budget, 41 obstrep- say, well, the last 4 years we have person, per American. I do not think it erous Senators—494 people favoring brought the deficit down. The deficit is responsible for us to continue to add unbalancing the budget and 41 Sen- has come down. What he did not say is more debt on future generations. So I ators oppose it. It will not be unbal- the deficit last year was $107 billion. urge my colleagues to support a con- anced. What he did not say is the next 4 years stitutional amendment to balance the What else? If we can’t resolve the it goes up. According to CBO, the defi- budget later this afternoon. I yield the thousands of questions that this cit goes up from $107 billion to, in 1997, floor. amendment leaves to be answered, then $116 billion, and under President Clin- Mr. LEAHY addressed the Chair. nobody has an answer and you go to ton’s budget to $142 billion in 1999, and The PRESIDING OFFICER. The court. Yes, coffee shop bantering is, $135 billion in the year 2000. Chair recognizes the Senator from Ver- ‘‘I’m so tired of the courts making Mr. LEAHY. Would the Senator mont. laws. I just want them to interpret the yield? Mr. LEAHY. Mr. President, I am laws.’’ Well, they are going to have to Mr. NICKLES. No; I have only a cou- sorry the Republican whip was unable make a lot of laws if we are foolish ple minutes. I will be quick. to yield to me for an observation, but enough to adopt this one. The point is, even under the Presi- I will make this observation. He con- In 1993, the Republicans in this body dent’s budget, the deficit goes up. We demns President Clinton, who is the had an opportunity to do something have made some progress—and I think only President since he has been here courageous. The people back home al- we can argue on who should take credit in the Senate who has brought the defi- ways say, ‘‘Why don’t you people screw for that—but we are not making cit down 4 years in a row. He says it up your nerve and do something coura- progress when the deficit is going up may go up in future years. I remind the geous?’’ You know what that means? It and it is higher in the year 2000 than it Republican whip, my good friend from sometimes means unpopular votes. is in the year 1996. That is not bal- Oklahoma, that the Republicans have ‘‘Why don’t you screw up your courage ancing the budget. That is like some- the majority of Senators and the Re- and vote for something that is worth- body saying they are going to go on a while, even though it is unpopular?’’ diet, but first they want to gain 10 publicans have the majority of House Well, happily, 50 Democrats did just pounds for each of the next 3 years and, Members. If they do not like the budg- that. AL GORE, the Vice President, oh, yes, in the last year we are going to et of the President, all they have to do broke the tie and the debt went down lose 40 pounds. That is what we have is pass their own. But to this day they because of their courage. Everybody on before us under the President’s docu- have not brought forward one page, one ment. paragraph, one sentence or one word of that side prospered because they said, I think we need a constitutional a budget that would do better than ‘‘I’m tired of taxes.’’ Do you know what amendment to make the President and what Bill Clinton has done. they are proposing now? With a sanc- to make Congress be responsible, to Mr. NICKLES. Will the Senator timonious look on their faces, they are make the tough decisions. yield? saying, ‘‘We want a balanced budget I am pleased that we are going to Mr. LEAHY. We are now running out amendment.’’ What else? We want to have 55 Republicans vote for this. I am of time. I am going to have to do the cut taxes $238 billion over the next 5 disappointed that we do not have 12 same thing that the Republican whip years. We tried that snake oil in 1981, Democrats to vote for it to make it did to me in not being willing to yield. and we got a $3 trillion addition to the happen. I wish we did. I think we are I yield 5 minutes to the distinguished national debt. going to come up with 11. One of my Senator from Arkansas. What is the deficit going to be if we jobs is to count votes. A couple of peo- Mr. BUMPERS. I thank the Senator. adopt a capital gains tax, which costs ple basically are going to vote different No. 1, Mr. President, as much respect $33 billion the first 5 years, $133 billion than what they said they were going to as I have for a number of Members of the second 5 years—and who does it go do. That disappoints me. But regard- the Senate—and we have some very to? The wealthiest people in America; less, we still have to roll up our bright people in the Senate—there isn’t 67 percent of it goes to the richest 1 sleeves, and I think we still have to anybody here, really, that I want tin- percent of the people in America. How balance the budget. I do not know kering with what James Madison, John are we going to pay for it? Cut Medi- there is the collective will to do it un- Adams, Alexander Hamilton, and all of care. Think of it. Cutting Medicare $100 less we have the constitutional re- the rest of those brilliant people, the billion to $200 billion in order to pass a straint to make us do it. most important assemblage of brilliant tax, 67 percent of which goes to the When an administration campaigns minds under one roof in the history of richest 1 percent of the people in Amer- on a balanced budget and says, ‘‘Oh, the world, did. Not only do I not want ica. I will say one thing for the people yes, we brought the deficit down every anybody tinkering with it, I do not on that side of the aisle. They are not year,’’ and then have the deficit go up want to adopt something as sloppily covert about it; they are overt. Make in the next 4 years, I find a lot of shell crafted as this amendment is. no mistake about it, I have just told games going on in budgeteering. That As Senator BYRD has said time and you precisely how it will work. bothers me. I hope we will be respon- time again, it is not even constitution- So, Mr. President, I am hoping that sible. I hope we will work together as like language. It doesn’t provide for a everybody holds fast. If we can beat Democrats and Republicans, not have a simple majority vote to unbalance the this amendment today, which I think Republican budget, not have a Demo- budget in case of depression. It doesn’t we can do, the American people are cratic budget, but work together to ac- provide for a simple majority vote in going to begin to hone in on it, and by tually balance the budget and provide case we know we are going to war, as this time next year, you won’t even some tax relief. We can do it. But it is we did in Desert Storm. You would not have it brought up. It will be just like a lot easier said than done. have spent an extra dollar, under this term limits. It is going to go the same March 4, 1997 CONGRESSIONAL RECORD — SENATE S1863 way term limits went. That never was the Senate Judiciary Committee on a 13 to 5 United Seniors Association. a good idea, and it is dead now. vote, and a Senate vote on S.J. Res. 1 is ex- U.S. Business and Industrial Council. So, Mr. President, I hope my col- pected later this week. U.S. Federation of Small Business. leagues will stand fast. I understand The framers of the U.S. Constitution as- Alliance for Affordable Health Care. sumed each generation of Americans would American Farm Bureau Federation. the politics of this. The majority lead- pay its own bills—and that the federal budg- American Small Business Association. er was willing to tinker with this et would, over time, remain roughly in bal- Americans for a Balanced Budget. amendment. ‘‘I will fix it. Will anybody ance. According to Thomas Jefferson, ‘‘we Americans for Tax Reform. vote for it if I change this?’’ ‘‘Will should consider ourselves unauthorized to Associated Builders and Contractors. somebody else vote for it if we change saddle posterity with our debts, and morally The Business Roundtable. that?’’ That is how political it is. bound to pay them ourselves.’’ The Concord Coalition. I yield the floor. In today’s era of mass media, special inter- Electronic Industries Association. est politics, and expensive and sophisticated Financial Executives Institute. Mr. HATCH. Mr. President, I yield 5 FMC Corporation. minutes to the distinguished Senator election campaigns, the checks and balances established 200 years ago are not up to the International Dairy Foods Association. from Idaho. job of controlling the federal deficit. Recent Motorcycle Industry Council. Mr. CRAIG. Mr. President, I thank Congresses and presidents have proven them- National Association of Home Builders. my colleague for yielding. selves incapable of acting in the broader na- National Association of Realtors. Let me say to the Senator from Ar- tional interest on fiscal matters. Whenever National Cattlemen’s Beef Association. kansas, if our Founding Fathers were Congress considers spending cuts that could National Ready Mixed Concrete Associa- here today, they would suggest that help balance the budget, only a few Ameri- tion. cans are aware of it, and fewer still express National Truck Equipment Association. Thomas Jefferson was right. They Reform Party. their views about it. By contrast, those who would also have suggested that tinker- Small Business Survival Committee. stand to lost from budget restraint—typi- ing with the Constitution gave us the Traditional Values Coalition. cally the beneficiaries and administrators of United We Stand America. 13th amendment, which abolished slav- spending programs—are well aware of what U.S. Chamber of Commerce. ery. I know the Senator from Arkansas they stand to lose. They mount intensive would agree with me that it was a good lobbying campaigns to stop fiscal restraint. Mr. CRAIG. The question of whether amendment. He would probably also This pro-spending and pro-debt bias has led Congress should pass a balanced budget agree that the 19th amendment, when to 27 straight unbalanced budgets. It took amendment to the Constitution is one Congress tinkered with the idea that our nation 205 years—from 1776 to 1981—to of the few truly momentous votes fac- women should have a right to vote, was reach a $1 trillion debt. Now, just 16 years ing this country and the Congress the right thing to do. Tinkering, later, the debt is $5.3 trillion. Each year, in- today. The decision we face is in a class terest payments rise as the overall debt generationally, has produced 27 amend- grows. These payments have been one of the of votes like that of a declaration of ments to our Constitution that, my fastest-rising items in the federal budget— war. The vote this afternoon will be a guess is, the Senator from Arkansas they now account for more than the entire vote to end a war. and the Senator from Idaho would deficit, all by themselves. A succession of For more than 28 years, the national agree were generally the right things statutory remedies has failed to stem this debt and the special interest groups to do at those times in our Nation’s historic and highly dangerous turn of events. that feed off the taxpayers have waged history. S.J. Res. 1 is a sound amendment that has a war against our economy and, most Mr. President, I rise in support today evolved through years of work by the prin- importantly, a brutal war against the cipal sponsors. It provides the constitutional of what could become the 28th amend- discipline needed to make balanced federal integrity of the investment of the sen- ment to our Constitution. Let me budgets the norm, rather than the rare ex- ior citizens and the opportunity of our thank the leadership that has worked ception (once in the past 36 years), and it of- children and our Nation’s future. The so hard on this. Of course, there is Sen- fers the proper flexibility to deal with na- spoils of that war is a $5.3 trillion debt. ator ORRIN HATCH, the chairman of the tional emergencies. That debt fuels inflation and squeezes Judiciary Committee; our majority In addition to requiring a three-fifths ma- the senior community that lives on leader, TRENT LOTT; majority whip, jority vote to deficit spend or increase the fixed incomes. That debt already de- federal debt limit, S.J. Res. 1 is designed to DON NICKLES; the President pro tem- presses wages and living standards of make raising federal taxes more difficult. It pore; certainly, the Senator from Ne- would require the approval of a majority of the working families. vada, Senator BRYAN; Senator GRAHAM the whole number of members in both the More than one-half of all personal in- from Florida; the Senator from Illi- House and Senate—by roll call votes—in come taxes paid—let me repeat that, nois, CAROL MOSELEY-BRAUN. They de- order to pass any tax increase. This adds Mr. President—more than one-half of serve recognition for bringing this crit- much-needed accountability. all personal income taxes that are paid ical issue to the floor. It is not a sun- Unless action is taken now, higher federal today go to pay interest on debt alone. shine amendment. I first helped intro- spending and debt will continue to cripple The costs of unbalanced budgets will duce this in 1982. It will not go away our economy and mortgage our children’s fu- be the most oppressive to our children. ture. We urge you to support S.J. Res. 1, the tomorrow. If we fail today, we will be Balanced Budget Amendment. A child born today will pay nearly back next year and the next and the Sincerely, $200,000 in additional taxes, not to pay next, until the American people gain National Taxpayers Union. down the debt, but to pay interest on their wish, which is to convince this American Bakers Association. that debt. Congress, with the power of the Con- American Legislative Exchange Council. Under today’s trends, when a child stitution, that we should become fis- American Subcontractors Association. born today is fully grown and reaches Americans for Financial Security. his or her most productive years, not cally responsible. Amway Corporation. Let me also recognize the national, Associated Equipment Distributors. just the Government, but the entire grass roots coalition that was formed Christian Coalition. economy could well be in bankruptcy. under the leadership of Al Cors of the Council for Citizens Against Government The nonpartisan Congressional Budg- National Taxpayers Union in support Waste. et Office puts it this way: The Federal of this amendment. I ask unanimous Family Research Council. ‘‘debt would exceed levels the economy consent that a letter from that coali- Food Distributors International. could reasonably support.’’ In other Independent Bakers Association. tion be printed in the RECORD. International Mass Retail Association. words, somehow, a generation from There being no objection, the mate- National Association for the Self-Em- now, we could actually see that genera- rial was ordered to be printed in the ployed. tion having to jettison a debt under a RECORD, as follows: National Association of Manufacturers. declaration of bankruptcy as a nation. THE BALANCED BUDGET National Association of Wholesaler-Dis- That should not be allowed to happen, AMENDMENT COALITION, tributors. and this Congress and this Senate this Alexandria, VA., February 26, 1997. National Federation of Independent Busi- afternoon have an opportunity to make DEAR SENATOR: The undersigned organiza- ness. tions strongly urge you to vote for and sup- National Restaurant Association. the kind of change that is needed. We port the Balanced Budget Amendment, S.J. Printing Industries of America. can offer to the American people an op- Res. 1. This bipartisan proposal (with over 60 Sixty Plus Association. portunity for them to debate this issue total Senate cosponsors) has already passed Textile Rental Services Association. and, in every State’s capital around S1864 CONGRESSIONAL RECORD — SENATE March 4, 1997 the Nation, reclaim their authority cides how we spend the taxpayers dol- would begin one of the greatest public over their central Government, by lars. debates, one of the greatest civics les- placing into the Constitution the re- THE BBA IS THE ANSWER TO THE THREAT sons, in the history of our Nation. striction and the positive guidelines The debt is the threat—to our chil- FINAL PASSAGE IS THE VOTE THAT COUNTS that this and every Congress must bal- dren, our parents, and the way of life Some who vote ‘‘no’’ today may try ance its budget. we cherish in this country. to claim they want a balanced budget, Some who vote ‘‘no’’ today may The U.S. Senate has a chance today or even a balanced budget amendment. claim that they want a balanced budg- to begin putting an end to that They may use some other amendment et, or even a balanced budget amend- threat—by passing the balanced budget as an excuse. But a ‘‘no’’ vote today is ment. They may use some other amendment to the Constitution. a vote for the status quo of borrow- amendment as an excuse. But it should Balancing the budget means real ben- and-spend. A ‘‘no’’ vote today is a vote be said, and it should be said often, efits to real people. in favor of the $3 trillion scheduled to until the vote occurs this afternoon, a If we balance the budget by the year be added to the debt over the next 10 ‘‘no’’ vote today is a vote for the status 2002 and keep it balanced, that will cre- years. How will another $3 trillion in quo, which means a growing Federal ate 2.5 million new jobs. It will save debt help seniors on Social Security? debt and a borrow-and-spend policy the typical family $1,500 a year in in- No matter what you think is the best that has dominated this Government terest costs on mortgages, student way to save Social Security, passing and this Congress for well over 30 loans, and car loans. It will raise wages this balanced budget amendment is the years. and incomes for working Americans certain way to save it. No wonder our former colleague Paul and their families. Opponents have not made a case Simon calls it ‘‘fiscal child abuse’’ to Yes, the President has promised a against this amendment—they have continue this binge of borrow-and- balanced budget. Yes, Congress has only shown they are afraid of balancing spend. tried to pass a balanced budget. the budget. That’s what it means when This is a moral issue. But we have had standing on the Sen- they say, ‘‘If we can’t run deficits, we The money being borrowed and spent ate floor during this debate an 8-foot- may not be able to spend on this or today belongs to our children. They tall stack of books. that.’’ Take so-called capital budget- will pay the bill for years of profligate This is the leaning tower of budgets— ing, for example: If we exempt narrow- spending. the last 28 budgets submitted by Presi- est category of investment spending in Thomas Jefferson said it well: dent Clinton and his predecessors. the President’s budget, major physical The question whether one generation has In half of those budgets, the Presi- capital, we could have run a larger def- the right to bind another by the deficit it dent who submitted them promised icit last year than we did. These pleas imposes is a question of such consequence as balanced budgets. Between them, those to exempt this or that item are not to place it among the fundamental principles Presidents and past Congresses broke of government. We should consider ourselves sound budgeting; they are a plea to every promise. continue the status quo. unauthorized to saddle posterity with our Yes, deficits have declined. Congress debts, and morally bound to pay them our- It defies common sense: Opponents selves. has made some progress in controlling believe Congress will only do the right the year-to-year growth of spending. INTEREST IS DOMINATING OTHER PRIORITIES thing if we are allowed infinite borrow- When a family takes out a mortgage But deficits are already projected to go ing and unlimited spending. on a house, or a business builds an ad- back up and—in a few years—off the But we who support the amendment dition to its shop, it borrows. But that charts. Maybe the President and this believe Congress will begin to do the family or business then spends the next Congress can bind a future President right thing if it is required to live few years balancing their budgets to and a future Congress to finish bal- within its means and set priorities. pay off that debt. ancing the budget in 2002. Maybe. But Our balanced budget amendment is a The Federal Government, unfortu- then, what about 2003? And 2004? bipartisan amendment, written with nately, does not operate like that. Only one thing will impose a rule painstaking care over several years by Every family and every farm or small that Presidents can’t ignore with im- Democrats and Republicans, liberals business knows what happens when you punity, that Congresses can’t repeal or and conservatives. It is the bipartisan, borrow: You pay interest. delay; only one thing will make Presi- bicameral, consensus amendment. If we Gross interest, at $360 billion, is al- dents and Congresses keep their prom- do not pass it today, we will be back ready the second largest item of spend- ises; only one thing will make fiscal re- until we do. ing in the Federal budget, almost ex- sponsibility and tough choices the Why are we working so hard to pass actly equal to the largest program—So- norm instead of the exception; the it? Because we want economic security cial Security. bridge to the 21st century may be for our senior citizens. We want to pre- And what do we get for those interest paved with good intentions, but it will serve the American dream of growth payments? Nothing—except another be a rickety, dangerous bridge unless it and opportunity. We want a better year older and deeper in debt. is constructed with the steel of the bal- world for our children. Not one more school, not one more anced budget amendment. The balanced budget amendment de- meal for a hungry child, and no relief WILL THE SENATE SAY ‘‘YES’’ OR ‘‘NO’’ TO THE serves to pass the Congress, and go to for overtaxed, overworked, families of PEOPLE? the people for their final, wise judg- modest and middle-class means. Unfortunately, this President—and a ment. Interest payments act like a giant host of special interest groups com- Mr. President, I ask unanimous con- sponge, soaking up money that we all fortably feeding at the public trough— sent that I may have printed in the want to go to other priorities. have put incredible pressure on the RECORD several fact sheets that my of- They have already forced cuts in Senate to defeat this amendment. They fice, working with others, have pre- many Federal programs. They will con- want to say ‘‘no’’ to the people. But the pared during this debate. tinue to crowd out other public prior- people say, by a 70-to-30 percent mar- There being no objection, the mate- ities, including, eventually, Social Se- gin in the latest poll, that they want us rial was ordered to be printed in the curity and Medicare. to pass the amendment; they want to RECORD, as follows: In 1996, we sent $67.7 billion overseas say ‘‘no’’ to the people, who deserve CLUBB in interest payments to foreign bond- the right to examine, debate, and de- CONGRESSIONAL LEADERS UNITED FOR A holders, because of the debt. cide on this amendment through their BALANCED BUDGET How can any Senator stand on this State legislatures. Congressional passage would only be TOP TEN REASONS TO SUPPORT THE BALANCED floor, say we should use our wealth at BUDGET AMENDMENT TO THE CONSTITUTION home to solve our problems, and then the start. The people deserve the final (H.J.RES. 1/S.J.RES. 1) vote against this balanced budget word on what goes in their Constitu- No. 1 Kids: The future for our children de- amendment? tion. After passing Congress, the pends on the future of the economy. Their By default, it is the national debt— amendment would go to all 50 State standard of living could be 7 to 36 percent not Congress—that more and more de- legislatures for ratification. And that better by the year 2020, if we balance the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1865

budget and keep it balanced.1 In contrast, NOTES: Past promises regarding Social Security under current trends, in less than two gen- 1 General Accounting Office, Prompt Action Nec- have been fulfilled because of a growing erations, the size of the Federal debt is ‘‘not essary to Avert Long-Term Damage to the Econ- economy, enabling workers to pay into the computable . . . [because the] debt would ex- omy, June 1992. (More recent developments still system. Higher wages mean greater retire- ceed levels that the economy could reason- would keep projections reasonably within this ment benefits. Unfortunately, seniors are al- ably support’’.2 In other words, the debt range.) ready paying for today’s debt burden. A Fed- would bankrupt, not only the government, 2 Congressional Budget Office, The Economic and eral Reserve Bank of New York study found Budget Outlook: Fiscal Years 1997–2006, May 1996. but the entire economy. 3 that the federal debt accumulated in the No. 2 Seniors: The debt is the threat to So- Congressional Budget Office, The Economic and Budget Outlook: Fiscal Years 1998–2007, January 1980s already pinched our standard of living cial Security—and to Medicare and other pri- 1997. by 5 percent. The Concord Coalition esti- orities. Gross interest payments are already 4 Committee on the Budget, U.S. House of Rep- mates that the debt has taken $15,000 off the the second-largest single item of federal resentatives, based on a DRI-McGraw Hill study typical family’s income. Continued deficit spending ($344 billion in FY 1996), nipping at which assumed a 2% drop in interest rates resulting spending weakens the economy, deteriorates the heels of Social Security, the largest ($347 from balancing the budget. living standards for younger workers and billion).3 An ever-growing debt makes it less 5 DRI-McGraw Hill, January 1995. Projections cov- seniors, and fuels resistance to the taxes and less likely that the government will ered the years 1995–2002. that fund the growing requirements of Social 6 Congressional Budget Office, May 1996 (up to have the cash it needs to meet future obliga- 84%). Also, Budget of the United States, Analytical Security and other seniors’ programs. tions and priorities. Perspectives, FY 1995 (up to 82%). The BBA would ensure TIMELY action to No. 3 Interest Savings to Families. A typi- 7 House Budget Committee. protect Social Security in the future. cal family could save $1,500 or more every 8 Budget of the United States, Analytical Perspec- The Social Security Trustees predict that year because balanced budgets would reduce tives, FY 1998. benefits will exceed Social Security tax reve- interest costs—$1,230 on a $50,000 mortgage, 9 Congressional Budget Office, January 1997. nues by the year 2012—based on optimistic $216 on a student loan, $180 on a typical auto 10 Congressional Budget Office, January 1997. assumptions. Passing the BBA now promises loan.4 to stem the tide of red ink spent on all other No. 4 Jobs and Economic Growth: Bal- THE BALANCED BUDGET AMENDMENT— programs, in time to prevent a double-wham- ancing the federal budget can create 2.5 mil- SAFEGUARDING SOCIAL SECURITY my when Social Security’s financing needs lion new jobs and boost nonresidential in- THE BBA WILL PROTECT THIS AND OTHER escalate in a few years because of the retire- vestment by 4 to 5 percent.5 PROGRAMS VITAL TO OUR SENIORS ment of baby boomers. No. 5 Lower Taxes: According to analysis Passage of the Balanced Budget Amend- QUOTABLE: cited by both the Congressional Budget Of- ment to the Constitution (H.J. Res. 1/S.J. ‘‘[T]he most serious threat to Social Secu- fice and the President’s Office of Manage- Res. 1) is critically needed to ensure that the rity is the federal government’s fiscal irre- ment and Budget, failing to change current federal government will continue to have the sponsibility. If we continue to run federal trends in government debt could leave future means to honor our obligations to our senior deficits year after year, and if interest pay- generations with a lifetime net tax rate of up citizens. The best guarantee of the economic ments continue to rise at an alarming rate, to 84 percent, counting taxes at all levels of security of our seniors, today and in the fu- . . . [e]ither we will raid the trust funds to government.6 A child born today faces nearly ture, would be the ironclad commitment of pay for our current profligacy, or we will $200,000 in additional taxes just to pay the in- the Constitution to restore and maintain fis- print money, dishonestly inflating our way terest on the federal debt.7 cal responsibility. out of indebtedness. Both cases would dev- No. 6 The People: Public opinion surveys Balancing the budget and keeping it bal- astate the real value of the Social Security consistently show 70–80 percent of the Amer- anced means less debt, lower interest costs, trust funds. ican people support passing a Balanced Budg- rising living standards—and more money ‘‘Regaining control of our fiscal affairs is et Amendment to the Constitution. made available for seniors’ priorities. If to- the most important step that we can take to No. 7 Keeping Our Wealth at Home: Inter- day’s debt had been paid off in years past, protect the soundness of the Social Security est on the federal debt is largely a transfer the government would have run a $134 billion trust funds. I urge the Congress to make that from middle-income taxpayers to large insti- surplus last year. goal a reality—and to pass the Balanced tutions, wealthy individuals and foreign in- Escalating interest payments crowd out Budget Amendment without delay.’’—Robert vestors. In FY 1996, the U.S. Government ALL other priorities. J. Myers, former Chief Actuary and Deputy sent $67.7 billion overseas in interest pay- In 1976, 7.2 percent of the federal budget Commissioner for the Social Security Ad- ments on Treasury securities held by foreign went to make interest payments on the fed- ministration, former Executive Director of investors. This transfer amounts to 27.4 per- eral debt. In 1996, net interest consumed 15.5 the National Commission on Social Security cent of all net interest—a steadily growing percent of the budget. As a result, other pro- Reform percentage; it was five times the amount of grams have already felt the budget knife. So- ‘‘Dorcas Hardy, the former commissioner total spending on all programs in the ‘‘Inter- cial Security and Medicare are the first and of Social Security, emphasized this point in national Affairs’’ budget function 8 and is the third largest federal programs; these two her book, Social Insecurity. Her number one largest ‘‘foreign aid program’’ in history. programs alone made up more than 33 per- recommendation for protecting the Social No. 8 More Resources for Congress to Do cent of last year’s spending. All seniors and Security Trust Fund: Balance the federal the Will of the People: Moving toward a bal- retirement programs make up about 40 per- budget. anced budget during FY 1998–2002 should re- cent of the budget, not counting seniors’ par- ‘‘The fact that I have spent my legislative duce federal debt service costs over that pe- ticipation in non-seniors programs. career fighting for seniors, for health care, riod by $36 billion and improve economic per- We are all familiar with what happens to and for other needed social programs would, formance enough to produce a ‘‘fiscal divi- households and businesses that run up too I hope, at least cause some to pause in their dend’’ of another $77 billion in revenues and much debt—the burden of interest payments passionate rhetoric to listen, and exam- interest rate savings—all of which would be- on the debt becomes so great that they even- ine. .. . Only with this Amendment can we be come newly-available for priorities within a tually have to go without necessities or face confident that all of us will have a secure balanced budget. Committing to a balanced total bankruptcy. Unbalanced federal budg- economic future.’’—Former U.S. Senator budget helps pay for itself.9 ets mean growing interest payments (which Paul Simon (D-Illinois). No. 9 Reasonable Glide Path: Achieving are mandatory, to prevent default) that will balance requires discipline, but not draco- increasingly crowd out all other public prior- A CAPITAL SPENDING EXEMPTION—NOT A nian measures. Under the BBA, overall fed- ities—including those vitally important to CAPITAL IDEA FOR THE CONSTITUTION eral spending can continue to increase by seniors. A special exemption for ‘‘capital’’ or ‘‘in- more than 2.6 percent a year through FY 2002 The debt is the threat to Social Security. vestment’’ spending does not belong in the (compared with more than 4.6 percent under Decades of borrow-and-spend government Balanced Budget Amendment to the Con- current projections). To maintain balance have produced a $5.3 trillion gross federal stitution. A constitution deals with the most after 2002, spending could continue to grow debt. About $600 billion of that is owed to the fundamental responsibilities of the govern- 10 at more than 4.6 percent a year. Social Security trust funds. (The law creat- ment and the broadest, timeless principles of No. 10 Letting the Constitution Work and ing Social Security requires that any accu- governance. It should not set budget prior- the People Decide: A vote for the BBA in mulated surpluses be invested in U.S. Treas- ities or contain narrow policy decisions such Congress is a vote to let the People and their ury securities (i.e., loaned to the ‘‘general as defining a capital budget. state legislatures exercise their constitu- fund’’).) Under current trends, the total debt Whatever the merits are of making such tional right to make the ultimate decision will double over the next dozen years and spending a higher or lower priority than it on this issue. Three-fourths (38) of the states seniors will wonder—rightly—about the has been, this question is best addressed in would have to ratify any amendment to add Treasury’s ability to repay those debts. In the annual budget process. it to the Constitution. Sending the BBA to the long run, a bankrupt federal government The debt is the threat to capital invest- the states would begin a great debate—from will not be able to send out ANY checks—to ment. Escalating interest payments on the state capitols to coffee shops—on the appro- Social Security beneficiaries or any other huge federal debt are crowding out all other priate size and role of government. debtor. priorities. According to the National Entitle- Balanced Budget Prosperity is a Senior’s ment Commission’s 1995 report: ‘‘By 2012, un- * Footnotes at end of article. Best Friend. less appropriate policy changes are made in S1866 CONGRESSIONAL RECORD — SENATE March 4, 1997 the interim, projected outlays for entitle- timates of ‘‘capital spending’’ could vary Massachusetts. A new study by the ments and interest on the national debt will widely. There is wide disagreement among Twentieth Century Fund concludes consume all tax revenues collected by the policymakers about what should be included that enactment of the balanced budget federal government.’’ That means no money in a federal capital budget. There is no com- constitutional amendment would have left for capital investment—or defense, edu- monly accepted federal budget concept of cation, the environment, law enforcement, this term. Therefore, any capital spending dire consequences for the State of Mas- science, or other domestic discretionary pro- exemption included in the Constitution sachusetts and its residents. The study grams. would be left open to a wide range of inter- finds that Massachusetts health and If states, businesses, and families can bor- pretations. In fact, the President’s budget in- human services programs and edu- row, why shouldn’t the federal government? cludes several different categories of ‘‘cap- cational programs receive more than Everyone else repays the principal they have ital’’ and ‘‘investment’’ spending. For fiscal three-quarters of their funds from the borrowed. Families take out a mortgage and years 1996 and 1997, these include: Federal Government. Three hundred then spend years paying it down. The same is [In billions of dollars] true of capital investments by businesses thousand Massachusetts residents are and state and local governments. But the Fiscal year— employed in my State’s health care federal government just keeps borrowing sector alone. 1996 1997 more. And more. This includes the work and the in- Unlike state budgets or family finances, Major physical capital investment ...... 115.9 113.0 vestment that the United States has in the federal budget is large enough to accom- Net miscellaneous physical investment ...... 3.1 3.1 terms of the National Institutes of modate virtually all capital expenditures on Research and development ...... 68.4 70.3 Education and training ...... 43.6 42.5 Health, since the nature of quality re- a regular, ongoing basis. The justification search really is unsurpassed in our part that most businesses and state and local gov- Total federal investment outlays ...... 230.9 228.9 ernments have for capital budgeting is that of the country. That whole effort would they occasionally need to make one-time, The Balanced Budget Amendment already be threatened, as would many other extraordinary expenditures that are amor- allows for the establishment of a capital areas of research and technology which tized over a long period of time. budget—within the context of regularly bal- help to move our whole economy, our The federal budget is so huge—now more anced budgets. The amendment does not pre- national security defense, and the qual- than $1.6 trillion—that almost no conceiv- vent the creation of separate operating and ity of health care forward. able, one-shot project would make even a capital accounts. But extraordinary expendi- That is 10.5 percent of our work small dent in it. tures which are large enough and unusual Even the federal Interstate Highway Sys- enough to require significant new borrowing force. Balancing the budget the wrong tem, which has been called the largest peace- should be subject to a higher threshold of ap- way by failing to give priority to these time undertaking in all of human history, proval, such as a three-fifth majority vote. key programs would place at risk hun- was financed on a pay-as-you-go basis. Presi- This is consistent with the recommendations dreds of thousands of Massachusetts dent Eisenhower initially proposed that the of General Accounting Office, which stated residents and tens of thousands of jobs. Interstate System be financed through bor- in its 1992 report, Prompt Action Necessary Republicans had the opportunity to rowing by selling special bonds. However, to Avert Long-Term Damage to the Econ- address all of these concerns during the Congress kept it on-budget and financed it omy: Senate’s debate on the balanced budget .. . [t]he creation of explicit categories for through a gas tax at the urging of then-Sen- constitutional amendment. But they ator Albert Gore, Sr. government capital and investment expendi- There are protections against the abuse of tures should not be viewed as a license to refused to do so. capital budgets in state budgeting that do run deficits to finance those categories .... When the Judiciary Committee con- not constrain federal borrowing. State and The choice between spending for investment sidered the proposed constitutional local governments have a check on their use and spending for consumption should be seen amendment in January, I offered an of capital budgets through bond ratings. If a as setting priorities within an overall fiscal amendment to protect Social Security. state government were to abuse its capital constraint, not as a reason for relaxing that My amendment separated Social Secu- budget, then its bond rating would drop and constraint and permitting a larger deficit.’’ rity from the rest of the Federal budg- it would become difficult or impossible to Mr. CRAIG. Mr. President, again, I et, just as Congress has done by law for continue borrowing to finance additional ex- thank my colleague from Utah for the penditures. In addition, many states require most of the past 15 years. Senator REID that bond issues be approved by the voters. tremendous leadership he has dis- offered the same amendment here on While state capital spending is often played. the Senate floor last week. But the Re- placed off-budget, so are state trust fund sur- I yield the floor. publican majority opposed this impor- pluses. According to a Price-Waterhouse (Mr. KYL assumed the chair.) tant protection for the Nation’s senior study, in recent years, state budgets would Mr. LEAHY. Mr. President, I yield 10 citizens. have been roughly in balance if both capital minutes to the distinguished senior Senator TORRICELLI offered an expenditures and trust funds (such as retire- Senator from Massachusetts. ment funds) were included on-budget. amendment to permit a capital budget, The process of defining ‘‘capital spending’’ Mr. KENNEDY. Mr. President, there just as most States and most families could be abused. Even a category of ‘‘cap- is a right way and a wrong way to bal- do, as a way of investing for the long ital’’ or ‘‘investment’’ spending that ap- ance the budget. And a constitutional run. Yet Republicans opposed this pro- peared to be tightly defined at first could be- amendment is the wrong way. vision that is so important to the fu- come a tempting loophole to future Con- The choice is not whether to balance ture of the economy. gresses and Presidents. For example, New the Federal budget, but how to do it. I If families were subjected to this York City, prior to its financial crisis in the believe we will adopt a budget this year rigid constitutional amendment, they 1970s, amortized spending for school text- that is balanced by the year 2002. Presi- books by declaring their ‘‘useful life’’ to be could never make long-term purchases. 30 years. dent Clinton has already submitted a They couldn’t buy a home through a Virtually any form of ‘‘capital spending’’ budget to accomplish this goal. Demo- mortgage, borrow money to send their exemption would perpetuate the crisis of def- crats and Republicans alike in Con- children to college, or buy a new car on icit spending. Even an exemption from the gress are prepared to work together to credit. Balanced Budget Amendment for a narrow enact a balanced budget. This amendment flunks the kitchen category in the President’s budget, major We can balance the budget by stat- table test. Families don’t balance their public physical capital investment, would ute, while setting appropriate spending budgets this way. Why should Uncle have allowed a deficit larger than the one priorities for the future. We can pro- that actually occurred in FY 1996 ($116 bil- Sam? lion vs. $107 billion). It would result in an FY tect Social Security for senior citizens. Senator DURBIN offered an amend- 1997 deficit that would be, at most, 9 percent We can give priority to education and ment to allow greater spending flexi- lower than current CBO projections ($113 bil- assure that funds for schools will not bility during recessions to protect jobs lion vs. $124 billion). Allowing deficit spend- be cut in the middle of the year. We and assist laid off workers. More than ing for total federal investment outlays can deal with vital issues of national 1,000 of the Nation’s leading econo- would have allowed deficits larger than those defense. We can deal with the need for mists, including 11 Nobel Prize win- that actually occurred in 28 of the last 35 capital investments in highways, pub- ners, warned that the constitutional years. These estimates, of course, assume no lic transportation, and the environ- manipulation of definitions or accounting amendment proposed by the Repub- that would allow still larger deficits. ment. licans would put a straightjacket on The concept of a ‘‘capital budget’’ is too Balancing the budget the right way the economy that would make reces- poorly defined to put in the Constitution. Es- is of special concern to the people of sions worse. But Republicans ignored March 4, 1997 CONGRESSIONAL RECORD — SENATE S1867 the economic evidence and opposed our When there was any question about all of us who have worked hard to pro- pro-family, pro-worker amendment. it, a vote of 98 to 2 said they will put tect Social Security in recent years The proposed constitutional amend- Social Security outside of the consider- should reject it. ment would also empower unelected ation. There was a bipartisan commit- Another serious defect in the pro- judges to stop payments on Social Se- ment to do so. And, nonetheless, at the posed constitutional amendment is its curity checks or Medicare, or cut the time we had the markup in the Judici- enforcement. defense budget. It would have allowed ary Committee—and here on the Sen- Thirteen of our Nation’s most distin- the President to impound funds appro- ate floor—those individuals that talk guished constitutional scholars wrote priated by Congress, even though im- about Social Security state that Social to me only yesterday expressing their poundment was outlawed in 1974. But Security recipients will have to fight it deep concern about the proposed bal- Republicans opposed our amendment to out with the rest of the inclusions in anced budget constitutional amend- eliminate this problem. the budget. ment. The scholars include Harvard All our efforts to change the pro- That is not what this Congress said professor, Archibald Cox; former Attor- posed constitutional amendment—to and the American people wanted—over ney General, Nicholas Katzenbach; protect senior citizens, protect the na- 15 years, and a bipartisan effort. But Yale professor, Burke Marshall; Stan- tional defense, protect workers in re- that is what has been excluded. And ford professor, Kathleen Sullivan; Har- cessions—were summarily rejected by the answer that our friends give to that vard professor, Larry Tribe; and others. supporters of the constitutional question is, ‘‘Oh, well, Social Security They stated: amendment. recipients will be further threatened if Whatever our differences about budget pol- In my view, the most serious defect we have a demise or a threat to our icy, we share the conviction that enacting in the proposed constitutional amend- economy.’’ the proposed balanced budget amendment ment is its threat to Social Security. Mr. President, we can deal with the would be a serious mistake. We believe that Social Security is a contract with economy of the United States, which is the amendment would depart unwisely and the Nation’s senior citizens to guaran- the strongest in the world. We should unnecessarily from our constitutional scheme. tee at least a minimum level of secu- not be using the Social Security trust rity in their retirement years. fund as a piggy bank either for tax These eminent constitutional experts In recognition of its special status, cuts, as was threatened in the course of further concluded that it ‘‘would trans- the Greenspan Commission rec- last year, or other kinds of cuts. We fer power over government spending ommended in 1983 that Congress should had the opportunity to support the from the Congress, where the Framers place Social Security outside the Fed- Reid amendment, and that was rejected deliberately reposed it, to the Presi- eral budget. The Commission said we and turned down. dent and the courts.’’ need to build up a sufficient surplus in The Gramm-Rudman-Hollings law What happens when we find in the the trust funds now, in order to have also said that Social Security could no middle of the year that revenues are enough funds to provide benefits to the longer be included in the unified budg- lower or expenses are higher than we current generation when they begin to et of the U.S. Government. thought and the budget for that year retire. From that point on, when Congress will be unbalanced? Both Democrats and Republicans has adopted the annual Federal budget This constitutional amendment al- supported that result. In 1983, the Com- resolutions, Social Security is not in- lows unelected judges to step in and mission’s recommendations were en- cluded. The last time the Congress of draw up a Federal budget of their own. acted in a law sponsored by Senator the United States voted on a budget That was an issue that was debated Dole and Senator MOYNIHAN. Their bill that included Social Security was 1985. in the last two Congresses. It was the required Social Security to be placed Congress supported this change by decision and the determination in the off-budget within 10 years. A bipartisan wide bipartisan majorities. The last two Congresses when we debated 58 to 14 vote, including 32 Republicans Gramm-Rudman-Hollings law was ap- this to limit the authority of the and 26 Democrats approved this impor- proved by a 61 to 31 vote in the Senate judges under the old Danforth amend- tant legislation. and a 271 to 154 vote in the House of ment to permit courts only to make In 1985, Congress accelerated the Representatives. declaratory judgments. Do you think process of placing Social Security out- In 1990, some Members of Congress that has been included in this balanced side the rest of the Federal budget. The proposed to put Social Security back budget amendment? Absolutely not. Deficit Control Act of 1985—the so- into the Federal budget. But Senator We saw in the last Congress the called Gramm–Rudman-Hollings law— HOLLINGS and Senator Heinz rejected amendment that was prepared by Sen- exempted Social Security from across- this unwise suggestion. They insisted ator Nunn and others which was vir- the-board cuts or sequestration. that Social Security remain off budget, tually unanimously accepted to also That said, if they were not going to and the Senate approved an amend- exclude and limit further the power of meet the budget titles, we were going ment to protect Social Security by a 98 the courts. Was that included? No. And to eliminate the cuts in Social Secu- to 2 vote. all we can conclude is what was testi- rity from being sequestered like other Again in 1995, section 22 of the con- fied during the course of the Judiciary programs would be. The reason for that gressional budget resolution amended Committee hearings, and that is that is, unlike other kinds of spending pro- the Budget Act to strengthen even fur- the opportunity for the courts to inter- grams, people have paid in over their ther the firewall protecting the Social ject themselves in making these budg- working lives into this fund and should Security Program. etary decisions will be available to be entitled to receive it at the time of The proposed balanced budget con- them unless we pass other kinds of their retirement. That is different from stitutional amendment would change laws, and the other laws that we might all of the other kinds of programs. It all that. It would reverse 15 years of pass may very well be unconstitu- was recognized by the Greenspan com- steady progress in protecting Social tional. Why leave that up in the air? mission for that very reason—the con- Security. It would turn its back on all These were attempts to address that tract with the American people, the this recent history, and expose Social issue, and they were rejected. contract with our senior citizens—that Security to unwise and unacceptable Judges are appointed to interpret the they had paid in, and we should not un- cuts in the years ahead Constitution and the laws. They are re- dermine their sacred trust into which Employees may have worked hard all spected legal experts. But they do not they paid in; unique in terms of all of their lives. Social Security has been know what priority to give to Social the Federal budget; recognized in a bi- withheld from their paychecks month Security or education, or defense, or partisan way by the Greenspan Com- after month. They are expecting the the public health. They don’t know mission; recognized in the Gramm– money to be available when they re- whether it is better in a particular Rudman proposal to be excluded and tire. But this constitutional amend- year to reduce highway funding or not be subject to sequestration; recog- ment places the entire program at risk. medical research. Congress is elected nized again in 1990 during the budget This constitutional amendment is a to set those priorities and make those debate. back-door raid on Social Security, and changes, and we should not surrender S1868 CONGRESSIONAL RECORD — SENATE March 4, 1997 that power to the judicial branch of forceable, it would undermine respect for should not be used to limit the rights government. other constitutional guarantees. of our citizens or the obligations of the Proponents of the amendment say Sincerely, Federal Government. that they oppose judicial activism. Yet Boris I. Bittker, Professor Emeritus, When I first came to Congress in 1993, Yale Law School; the deficit was close to $300 billion. I this proposed constitutional amend- Archibald Cox, Professor Emeritus, Har- ment would be an invitation to judicial vard Law School; made a decision to try and secure a po- activism of the worst sort. Lawrence M. Friedman, Professor, Stan- sition on the Senate Budget Committee President Clinton wrote to Senator ford Law School; because I realized the most important DASCHLE on January 28, reaffirming his Gerald Gunther, Professor Emeritus, thing I could do for the families in commitment to balance the Federal Stanford Law School; Washington State was to reduce the budget by the year 2002. The President Louis Henkin, Professor Emeritus, Co- deficit. I worked with my colleagues in lumbia Law School; also emphasized his view that a con- 1993 and passed a successful deficit re- Nicholas Katzenbach, former Attorney duction package. The deficit reduction stitutional amendment was unaccept- General of the United States; able. he stated, proposal enacted in 1993, without one Burke Marshall, Professor Emeritus, Republican vote, has cut the deficit in Yale Law School; We should not lock into the Constitution a half. For 4 straight years in a row the form of budgeting that simply may not be Norman Redlich, Dean Emeritus, New appropriate at another time. . . . We must York University Law School; deficit has declined. We reversed the give future generations the freedom to for- Peter M. Shane, Dean, University of trends of the 1980’s and restored fiscal mulate the federal budget in ways they deem Pittsburgh School of Law; restraint to the Federal budget proc- most appropriate. Geoffrey R. Stone, Provost, University of ess. Enacting this landmark deficit re- I urge the Senate to defeat this pro- Chicago; duction package, required tough and Kathleen M. Sullivan, Professor, Stan- difficult choices. But, that is why my posal. We are very close to balancing ford Law School; the budget the right way. It makes no constituents sent me to the U.S. Sen- Laurence H. Tribe, Professor, Harvard ate. I am willing to make those dif- sense to do it the wrong way, by lock- Law School; ficult choices as long as they are fair ing the country into a constitutional Harry Wellington, Dean, New York Law and balanced. A constitutional amend- straightjacket. School. (Institutional affiliations are listed for ment to balance the budget does not I ask unanimous consent that a let- force us to make those tough choices. ter addressed to me dated March 3, 1997 identification purposes only.) Mrs. MURRAY. Mr. President, I rise Keep in mind that this amendment be printed in the RECORD. does not go into effect until the States There being no objection, the letter today to the pending constitutional amendment. The authors of the amend- adopt it. The States will have 7 years was ordered to be printed in the to ratify. Seven years is a long time RECORD, as follows: ment have called it the balanced budg- et amendment. However, our vote when you are trying to balance the MARCH 3, 1997. today is not about balancing the budg- budget. I supported a revision to the DEAR SENATOR KENNEDY: The undersigned amendment that would have shortened et, but rather about jeopardizing the join in urging Congress to reject the pro- from 7 to 3 years that time allowed for future economic stability of the United posed Balanced Budget Amendment. What- the States to ratify. Unfortunately, ever our disagreements about budget policy, States and eliminating the carefully this change was rejected. We should we share the conviction that enacting the crafted constitutional balance of pow- not wait even 3 years; we should start proposed Balanced Budget Amendment ers. The amendment simply requires would be a serious mistake. We believe that now. the President to submit a balanced There is no one in this Chamber who the Amendment would depart unwisely and budget; it does not mandate that Con- unnecessarily from our constitutional will deny that our Constitution has scheme in the following ways: gress enact a balanced budget and it es- served us well. It established the long- It would transfer power over government tablishes no guidelines on enacting a est continuous democratic government spending from the Congress, where the balanced budget. This is not only the in the world. This document and the Framers deliberately reposed it, to the most dangerous budget gimmick put Bill of Rights are the envy of the President and the courts. Under the Amend- before this body, but it sets a dan- world. Within this document our ment as drafted, the President could assert gerous precedent for addressing impor- Founding Fathers spelled out the role the power or the obligation to impound funds tant issues facing us today and in the of each branch of government. The re- that Congress had authorized and appro- future. priated. And under the Amendment as draft- sponsibilities of the legislative, judi- ed, the courts could be drawn into extensive What the supporters of this amend- cial, and executive branches were all litigation over fiscal forecasts and policy for ment fail to point out is that we do not clearly spelled out and a system of which they are surely ill-equipped. need to amend the U.S. Constitution to checks and balances was added so as to It would substitute minority rule for ma- balance the budget. The President re- ensure that no one branch unduly in- jority rule in fiscal legislation, by way of the cently submitted to Congress a budget fluenced the other. One of the most im- proposed three-fifths voting requirements for plan that does balance by the year 2002 portant responsibilities entrusted to deficit spending or increased borrowing. As and still protects our most vulnerable the legislative branch was the power to James Madison warned in The Federalist No. citizens; children, the disabled, and 58, such supermajority requirements would tax and spend. Our Founding Fathers allow a few to extract ‘‘unreasonable indul- senior citizens. The President’s pro- felt very strongly that elected rep- gences’’ from the many. posal also continues our investment in resentatives of the people must be re- It would invite Congress to shift the bur- education, environmental protection, sponsible for deciding on spending and den of national policy objectives ‘‘off-budg- biomedical research, and criminal jus- taxes. As a member of both the Senate et’’ either to the States or to the private sec- tice. Instead of working on this pro- Budget Committee and Appropriations tor through unfunded mandates or regu- posal and enacting a budget for fiscal Committee, I do not take this respon- latory burdens. year 1998, we have spent almost a sibility lightly. But, a vote in support It would deprive Congress and the Presi- month debating an empty promise. of this amendment will forever alter dent of needed flexibility to deal with eco- Congress has a statutory requirement nomic circumstances that are likely to the role of Congress and the courts in change over time. to pass a budget resolution by April 15, deciding on spending priorities for the It would enact controversial socio- yet neither body has begun this proc- Federal Government. For the first time economic policy into our fundamental char- ess. We have spent valuable time de- in history, the courts could decide how ter, which has maintained its authority bating an amendment that will not get we spend tax dollars and how we raise since the Founding by standing outside and us any closer to a balanced budget. I tax dollars. A group of nine unelected above politics. The only amendment to enact support a balanced budget; I have sup- officials could establish budget policy such a controversial policy in the past was a ported a balanced budget. What I can- that conflicts with the wishes of the failure: the 18th Amendment imposed Prohi- not support is the misuse of the Con- people solely because they believe that bition and the 21st repealed it. It would use the Constitution needlessly to stitution. The Constitution should only receipts will not cover outlays. Every promote objectives that are already fully ca- be used to expand rights and protec- time the Federal Government wishes to pable of being achieved through ordinary tions for citizens excluded from the spend for Social Security or for a natu- legislation. To the extent it proved unen- original document. Our Constitution ral disaster, the courts could simply March 4, 1997 CONGRESSIONAL RECORD — SENATE S1869 say that this obligation would push amendment violates the current con- league Senator DORGAN. This amend- spending beyond receipts. tract with today’s workers that if you ment would have also protected Social One need only look at the current pay into the system now, Social Secu- Security, but, unlike Senator REID’s difference between the Congressional rity will be there when you retire. amendment, it was a substitute amend- Budget Office and the Office of Man- There were several attempts to correct ment, a fully crafted, alternative bal- agement and Budget. OMB has esti- this flaw and exclude Social Security anced budget amendment to the Con- mated that the President’s budget gets from the balanced budget amendment, stitution. to balance by the year 2002. However, but all attempts failed as the support- Mr. President, I have grave concerns CBO disputes the estimates on reve- ers of the amendment claimed that we about any attempt to amend the Con- nues and economic growth used by did not need to protect Social Security. stitution to require a balanced budget. OMB. Who decides? The courts? Who I have heard that voting for this These concerns cannot be satisfied sim- decides what will be cut or what taxes amendment is the courageous vote. ply by changing one or two components raised to bring the budget into balance Nothing could be further from the of the legislation, as sincere and as if Congress and the White House fail to truth. The courageous vote is the vote sensible as those changes might be. I agree? Judicial oversight of the Fed- in support of a plan that actually re- find any balanced budget amendment eral budget process violates the clear duces the deficit and puts us on a real highly problematic, and this is why I role of Congress and puts greater pow- path to balancing the budget by the have voted against the alternative bal- ers into the hands of unelected, life- year 2002. Today’s vote is about politi- anced budget amendment offered by time appointed Justices on the Su- cal rhetoric, not reality. I hope that my good friend from North Dakota. preme Court. the political rhetoric is over and that I am a stalwart defender of Social Se- In an effort to clarify any questions we can begin the real task of balancing curity, and I am committed to seeing about the role of the courts, Senator the budget. that it protects future generations as KENNEDY offered an amendment that Mr. DODD. Mr. President, I wanted well as it has protected previous ones. would prohibit judicial control of the to take this opportunity to make clear But I remain opposed to any amend- budget process. This amendment was my feelings on one particular aspect of ment that would taint the language of defeated and rejected by the supporters the debate over the balanced budget the Constitution and weaken our abil- of the constitutional amendment who constitutional amendment. claimed it was not necessary. Yet My opposition to Senate Joint Reso- ity to make prudent policy. many legal and constitutional scholars lution 1 is strongly felt and clearly Ms. MIKULSKI. Mr. President, I rise have made it clear that the way the stated. I simply do not believe that it today in opposition to the balanced current amendment is written will is appropriate to enshrine a restrictive budget amendment to the Constitu- allow for court challenges to Federal fiscal policy in our Nation’s most sa- tion. Let me be very clear, I want a budget policy and decisions. cred text. The balanced budget amend- balanced budget, and I am committed In 1983, Congress enacted several ment would seriously inhibit our abil- to do everything I can to achieve this measures aimed at protecting the long ity to set prudent fiscal policy and re- goal. However, I do not believe we must term financial stability of the Social spond to cyclical patterns in economic amend the Constitution in order to bal- Security trust fund. The intent of growth. Moreover, the amendment has ance the budget. these measures was to build a large serious implications for our foreign I will oppose this amendment because surplus and reserve in the trust fund policy. it is unnecessary; because I am con- that could be drawn down when the I am also concerned about the bal- vinced that it threatens the viability of baby boomers started to retire. The anced budget amendment’s effect on Social Security, and because it makes 1983 legislation included tax increases, Social Security. The Social Security no provisions for investing in our infra- benefit reductions, and other struc- Program is one of the longest running structure. tural reforms, all with the goal of pro- and most successful programs this This amendment does nothing to bal- tecting the system. Those who sup- country has ever undertaken. It has ance the budget. We already have the ported the 1983 legislation did so to succeeded in virtually eliminating pov- tools to do that. Since President Clin- protect the greater good, namely So- erty among our Nation’s senior citi- ton’s first term in the White House and cial Security benefits for millions of zens. I yield to no one in my commit- my second term in the Senate, the defi- current and future retirees. As a result, ment to preserving and protecting it. cit has fallen dramatically from $290 it is estimated that Social Security In 1983, when Social Security was billion in 1992 to $107 billion in 1996. will not need to draw on these reserves faced with changing demographics that This amount represents just 1.4 percent until the year 2019. But, at that point, threatened its very existence, I sup- of our gross domestic product, the total spending will outpace receipts ported the reforms that ensured that smallest percentage of any industri- into the system. Under the current lan- this vital program would survive to alized nation. Clearly, as the past few guage in the amendment, we could not meet the needs of future generations. years have shown us, we can continue pay benefits using the surplus that we Today, I am very concerned that the to reduce the deficit—until it is bal- have intentionally allowed to accumu- program is threatened by the restric- anced—without amending the Con- late. Regardless of any effort to main- tive provisions of the balanced budget stitution. tain a surplus over the years, benefits constitutional amendment. If Congress Many supporters of the balanced would be in jeopardy, unless we raise is allowed to count Social Security sur- budget amendment believe that if you payroll taxes or drastically cut spend- pluses when determining if the budget can balance the family budget, you can ing in other areas, like Medicare, Med- is in balance, this critical safety net balance the Federal budget. But if each icaid, or education. for our Nation’s seniors could be placed family lived by a balanced budget This is not just my opinion. Recently in jeopardy. a report from the nonpartisan Amer- For these reasons, I support efforts amendment, then mortgages, car loans, ican Law Division of the Congressional to protect the Social Security trust and student loans would be prohibited. Research Service determined that we funds. If a balanced budget amendment In effect, a balanced budget amend- would be prohibited from drawing down to the Constitution is to be enacted, ment would prohibit the Federal Gov- the surplus in the trust fund in order to certainly, it should not be one that en- ernment from making the kind of in- pay benefits unless there was a surplus dangers the retirement security of vestments for our future that our fami- in the remaining portion of the budget. American families. This is why I sup- lies make every day. Maintaining a large enough surplus in ported the amendment offered by my Investments in our infrastructure the remaining portion of the Federal colleague, Senator REID, which modi- would be threatened because the bal- budget would require significant reduc- fied the underlying resolution to state anced budget amendment makes no tions in many other important pro- that the Social Security trust funds provisions for a capital budget. grams like Medicare, defense, edu- could not be used to achieve balance. Even State governments that require cation, environmental protection, and But I am afraid I could not support a balanced budget have a separate law enforcement. Passage of this the amendment offered by my col- budget for capital projects, such as S1870 CONGRESSIONAL RECORD — SENATE March 4, 1997 highways, schools, et cetera. The bal- Enactment of the Omnibus Budget LOTT suggested that the appointment anced budget amendment would re- Reconciliation Act of 1993 had, after a of a panel of graybeards on the issue strict our ability to improve our infra- decade of reckless deficit spending, re- was in order. The President imme- structure. turned us to a path of fiscal respon- diately said he would take the Leader’s To address this issue, Senator FEIN- sibility. At the time of its enactment, suggestion under advisement. Then on STEIN and Senator TORRICELLI each of- OBRA 93 was estimated to bring about Friday, in a meeting with editors and fered an amendment to provide for a $500 billion in deficit reduction over 5 reporters at the Washington Post, OMB capital budget for infrastructure in- years. Three and one-half years later, Director Franklin Raines expressed vestments. I voted for both the Fein- estimates are that the total deficit re- support for Senator LOTT’s proposal. stein and Torricelli amendments. Un- duction under the 1993 legislation will Director Raines noted that the ‘‘CPI is fortunately, both amendments were de- be more like $924 billion. So we are on a very accurate price index, while only feated. the right track. being an okay cost of living index.’’ Recently, 11 Nobel prize-winning In fact, we are even closer to a bal- And now in this morning’s New York economists announced their opposition anced budget than one might imagine— Times, there is an article by Richard to the balanced budget amendment be- and a balanced budget amendment to W. Stevenson headlined ‘‘Clinton cause they felt it would put the coun- the Constitution has nothing to do Wants Deal With Congress on Cost-of- try in an economic straitjacket. They with how to achieve it. Living Adjustments.’’ It begins: make a very compelling case. I have no A balanced budget is easily within President Clinton gave his aides the go- doubt that the balanced budget amend- reach, if only we have the courage to ahead today to try to forge a deal with Con- gress to reduce cost-of-living adjustments ment would tie the Federal Govern- seize the opportunity soon. In January for Social Security and other benefit pro- ment in knots, restricting our ability 1996 and again in January 1997, I pro- grams, White House officials said. to respond to emergencies and eco- posed a simple plan to balance the This is an important step forward by nomic downturns. Even the Wall Street budget by the year 2002. In addition to the Administration. Getting an accu- Journal referred to the balanced budg- recommendations that were generally rate measure of the cost of living is the et amendment as politically empty in both the President’s budget proposal right thing to do, and it is the only symbolism. I agree with them. and the budget proposals offered by the way to put our fiscal affairs in order. Finally, I believe the balanced budg- Republicans, my plan requires only two I should add that although this issue et amendment threatens the Social Se- actions: has reemerged only recently, the fact curity system. Under the balanced First, correct by 1.1 percentage that the CPI overstates the cost of liv- budget amendment, there is no protec- points the overindexation of Govern- ing is not a new understanding. I came tion for Social Security benefits. If the ment programs and tax laws; and to Washington with the Kennedy Ad- Government finds that the budget is Second, postpone tax cuts. ministration 35 years ago. Upon our ar- not balanced, the Social Security trust That is all that needs to be done. It rival in 1961, we had waiting for us a re- fund could be used to make up the dif- is all that ought to be done. It is not port by a National Bureau of Economic ference. I voted for the Reid amend- the time for tax cuts. Nor it is the time Research committee on ‘‘The Price In- ment which would have exempted the for crippling cuts in domestic discre- dexes of the Federal Government.’’ The Social Security trust fund from the tionary spending. A correction of 1.1 committee was headed by George J. balanced budget amendment. I regret percentage points, as recommended in Stigler, who went on to win a Nobel that this amendment was defeated. December by the Advisory Commission Prize in economics. The report noted Mr. President, I will not allow the to Study the Consumer Price Index ap- that: Social Security trust fund to be used to pointed by the Finance Committee, or If a poll were taken of professional econo- balance the budget. We have a contract the Boskin Commission as it has come mists and statisticians, in all probability with our senior citizens and I plan to to be known, would save $1 trillion in they would designate (and by a wide major- honor that contract. A promise made 12 years —and it would put Social Se- ity) the failure of the price indexes to take must be a promise kept. Without pro- curity into actuarial balance until the full account of quality changes as the most important defect in these indexes. And by al- tections for Social Security, I will have year 2052. most as large a majority, they would believe to vote against the balanced budget The economics profession is behind that this failure introduces a systematic up- amendment. this proposal, as is the Chairman of the ward bias in the price indexes—that quality I fully support the goal of balancing Board of Governors of the Federal Re- changes have on average been quality im- the budget but a constitutional amend- serve System, Dr. Alan Greenspan, who provements. ment is not the way to do it. We need testified before the Finance Committee Mr. President, I hope we don’t allow to continue to reduce spending to reach on January 30 of this year. Dr. Green- this moment to pass us by. It is the a balanced budget in an orderly man- span’s own estimate of the overstate- right thing to do, and we ought to do it ner that recognizes national priorities ment of the cost of living by the soon. We could have a balanced budget such as Social Security and the impor- Consumer Price Index is 0.5 to 1.5 per- plan in place and forget this foolish- tance of making investments in our fu- centage points per year, which is quite ness about amending the Constitution. ture. close to the estimate of the Boskin If you don’t think it is foolish, ask Mr. President, I stand ready to con- Commission. Notably, referring to the any economist. Last month, as the tinue working toward a balanced budg- familiar argument that the decision to Senate began this debate, more than et but tampering with the Constitution correct cost of living adjustment fac- 1,000 economists, including 11 Nobel is not the way to do it. tors should not be politicized, Dr. Prize winners, signed a statement im- Mr. MOYNIHAN. Mr. President, this Greenspan had the definitive response: ploring Congress to reject Senate Joint afternoon, the Senate will vote for the not to act, given the overwhelming evi- Resolution 1, the balanced budget third time in 2 years on a balanced dence that the CPI is an upwardly bi- amendment to the Constitution. The budget amendment to the Constitu- ased measure of inflation, is the politi- economists wrote: tion. Two years ago, during our first cal fix. We condemn the proposed ‘‘balanced debate on this amendment, I argued Let us be absolutely clear about the budget’’ amendment to the federal Con- that direction of this bias. BLS Commis- stitution. It is unsound and unneces- [T]here is nothing inherent in American sioner Katharine Abraham acknowl- sary. democracy that suggests we amend our basic edged at a February 11 Finance Com- The proposed amendment mandates per- and abiding law to deal with the fugitive ten- mittee hearing that the CPI is ‘‘an verse actions in the face of recessions. In dencies of a given moment. economic downturns, tax revenues fall and upper bound measure on change in the some outlays, such as unemployment bene- My point was that a series of one- cost of living.’’ fits, rise. These so-called ‘‘built-in stabiliz- time events in the 1980s had given rise So there is broad agreement in the ers’’ limit declines of after-tax income and to our recent fiscal disorders, and that economics community. And encourag- purchasing power. To keep the budget bal- a constitutional amendment was an in- ingly, it appears we are close to agree- anced every year would aggravate recessions. appropriate and indeed unnecessary re- ment in Congress and the Executive May I say, to paraphrase Santayana, sponse. Branch. Last week, Majority Leader that we may be condemned to repeat March 4, 1997 CONGRESSIONAL RECORD — SENATE S1871 an awful period in our history if this out of voice and breath. Or we can cut their referred to earlier. Two years ago, in amendment is adopted. The historical extravagance by simply reducing their al- arguing against House Joint Resolu- precedent is chilling: in 1930, 1,028 lowance. tion 1, I noted: economists implored President Hoover Haynes Johnson wrote of this in As a result of the deficit reduction policies to veto the Smoot-Hawley tariff legis- ‘‘Sleepwalking Through History: Amer- [put in place by the Omnibus Budget Rec- lation. He ignored their pleas, with dis- ica Through the Reagan Years’’ (1991). I onciliation Act of 1993] we have had three astrous consequences. A 60 percent will simply quote a footnote on page straight years of deficit reduction—the first 111: such string of declines since the administra- drop in trade; worldwide depression; tion of Harry S. Truman. Here are the num- [Stockman’s] former mentor Moynihan the rise of totalitarian regimes; and in bers: FY 1992 $290.4 billion; FY 1993 $255.1 bil- was the first to charge that the Reagan Ad- the wake of such events, the Second lion; FY 1994 $203.2 billion; OMB 1995 est., ministration ‘‘consciously and deliberately $192.5 billion; and CBO 1995 est. $176 billion. World War. brought about’’ higher deficits to force con- Now, with the list of signatories gressional domestic cuts. Moynihan was de- As I have said, our progress has been growing, the economics profession is nounced and then proven correct, except even better than expected. Remark- again pleading with us to reject this that the cuts to achieve balanced budgets ably, the deficit for fiscal year 1995 was constitutional amendment. If we defeat were never made and the deficits ballooned lower than projected: $163.8 billion the amendment, we will preserve the even higher. compared to projections of $176–$192 sanctity of our Constitution and pro- The point is that the huge deficits billion. The fiscal 1996 deficit is even mote economic stability. If we adopt it and debt of the 1980’s were intentional lower—$107.3 billion, just 1.4 percent of and it is ratified by the states, we will and anomalous, and therefore the bal- GDP, resulting in 4 consecutive years return to the dark ages of economic anced budget amendment is an inap- of deficit reduction. And, for the first policy, having disregarded 60 years of propriate response. A balanced budget time since the 1960’s, we have a pri- social learning. amendment would undo all that we mary surplus—that is, excluding inter- As I indicated earlier, a great part of have learned about economic policy est payments, revenues exceed outlays. the rationale for the balanced budget over the past six decades—a lesson that Adoption of a balanced budget amendment has been the problem of can be easily seen in the fluctuations amendment—which as I said last year deficits and the rising national debt. of the business cycle over the last 125 would be tantamount to ‘‘writing alge- Yet our problems with deficits are years. We had enormous volatility in bra into the Constitution’’—can only quite recent, having been generated in economic activity prior to 1945—vola- jeopardize the progress we have made. the relatively brief period of the 1980’s. tility that would be unacceptable We can and will complete the job of These deficits marked a sharp depar- today. For example, in 1905, output in- balancing the budget without this ture from the fiscal problems of earlier creased by 9.2 percent, to be followed 2 amendment. It would be disastrous for administrations, which were directed years later by declines of 1.6 and 5.5 our economy, and I hope it will once primarily to the problem of a persist- percent in 1907 and 1908 respectively, again be defeated. Mr. BINGAMAN. Mr. President, I rise ent full employment surplus, with its and an increase of 11.7 percent in 1909. today to take a few minutes of the Sen- accompanying downward pressure on Output increased by 16.2 percent in 1916 and by 7.7 percent in 1918, to be fol- ate’s time to comment about the bal- consumer demand. anced budget amendment on which we The full-employment budget concept lowed by 3 consecutive years of nega- tive growth. And then, of course there will be voting today. was explained by then-OMB Director I came to the Senate in January 1983, was the Great Depression. After in- George P. Shultz in his fiscal year 1973 at a point in time when the Federal creasing by 6.4 percent in 1929, output budget: Government was making terribly un- fell by 8.9 percent in 1930, another 7.8 . . . expenditures should not exceed the wise choices about spending and reve- percent in 1931, and then a further de- level at which the budget would be balanced nues. Our budget deficits were off the under conditions of full employment. cline of an incredible 13.3 percent in charts during these Reagan years, and Which is to say that in the absence of 1932. After World War II all this I felt that the very foundation of sound full employment, as was the case in fis- changed, following a brief adjustment fiscal policy was being undermined. cal year 1973, the Federal Government period, as the country converted from a These were the years when we needed should deliberately contrive to incur a wartime to peacetime economy. Since to have more serious debate about deficit equal to the difference between then the largest reduction in output bringing spending under control—and the revenues that would actually come was 2.3 percent in 1982. when we needed to at least consider a In the 1970’s, I asked Council of Eco- in at levels of underemployment, and more serious response such as amend- those that would come in at full em- nomic Advisers Chairman Charles L. ing the Constitution to require bal- ployment. Far from being inevitable Schultze to analyze what would have anced budgets. and unavoidable, there were points in happened if a balanced budget amend- We have a very different situation the business cycle where a deficit had ment had been in force in the middle of today. During the last 4 years, the to be created. Otherwise surpluses the 1975 recession. He reported back budget deficit has declined remark- would choke off recovery. that the computers at the Council ably. Tough choices are being made The term ‘‘full employment surplus’’ ‘‘blew up.’’ GDP—then called GNP— about spending and revenue which are had originated earlier. The January would have dropped another 12 percent bringing the deficit down to levels 1962 report of the Council of Economic in an economy in which output was al- thought unimaginable only a few years Advisers explained that as the recovery ready 5 percent below capacity. During ago. And today we nearly have unani- from the recession of 1958 got under- the debate in the last Congress, this mous bipartisan support to bring the way, economic activity grew and so did simulation was repeated by the Treas- budget into balance by 2002. The Na- the revenues of the Federal Govern- ury Department and by our minority tion’s budget deficit, as a percentage of ment. But Congress would not spend Finance Committee staff, with the gross national product, is the smallest the additional revenue. As a result, the same results. With a balanced budget it has been in decades and the least of recovery stalled. This untoward event amendment, a moderate recession in all the great industrial powers. was ascribed to ‘‘fiscal drag.’’ which the unemployment rate in- The difference between today and 14 Beginning in 1980, the Reagan White creases by 2–3 percent becomes a major years ago is that we are clearly moving House and Office of Management and contraction—may I say depression—in strongly in the right direction, not Budget set about creating a crisis by which unemployment soars over 10 per- through amendments to our Nation’s creating deficits intended to force Con- cent and output falls by 15 percent or most important legal document, but by gress to cut certain programs. In a tel- more. In the entire post-World War II debating our national priorities and evision address 16 days after his inau- era the unemployment rate exceeded 10 making our spending better reflect guration, President Reagan said: percent only for a brief 10 months dur- those priorities. There were always those who told us that ing the 1981–82 recession. I believe in balancing the budget, but taxes couldn’t be cut until spending was re- Just as importantly, a balanced sound fiscal management demands that duced. Well, you know we can lecture our budget amendment would undo the such balance be achieved by respon- children about extravagance until we run progress we have already made, which I sible choices that reflect our values— S1872 CONGRESSIONAL RECORD — SENATE March 4, 1997 helping those in need, promoting long- rent operating expenses and spending There being no objection, the mate- term infrastructure investment, and over a series of years for major capital rial was ordered to be printed in the promoting high-wage job growth in our improvements, such as highways, RECORD, as follows: Nation. Those who have doggedly pur- buildings, or a Federal agency’s com- [From the U.S. Republican Policy sued this amendment to the Constitu- puter systems. I voted for amendments Committee, Feb. 25, 1997] tion did not do so when the budget im- that would have made improvements in OVERLOOKED EFFECTS OF EXCLUDING SOCIAL balances were growing by great leaps the balanced budget amendment and SECURITY FROM BBCA during the Reagan administration; a which would have made this a more For years, leading opponents of the bipar- balanced budget was not their concern. workable piece of legislation, but all of tisan balanced budget constitutional amend- But cutting taxes on those who are these improving amendments were de- ment (BBCA) have been hiding behind the best off is one of their primary con- gimmick of excluding Social Security from feated. the calculation of a balanced budget. While cerns—and it was in part the spending The authors of this amendment are it is difficult to take their proposal (S.J. profligacy of the early Reagan years pursuing too rigid a course—and are Res. 12) seriously, it is imperative to realize combined with the ill-considered and bent more on a theology of balanced its very serious effects. regressive Kemp-Roth tax cut that cre- budgets without taxes than they are on WHAT S.J. RES. 12 WOULD DO ated the enormous deficits we are fi- the economic health of the Nation. The actual consequences of S.J. Res. 12 nancing today. We are actually spend- Also left unaddressed in this pro- would be the direct opposite of the positive ing less today than the Treasury is posed amendment is the enforcing economic effects provided by a real balanced budget requirement. taking in—but because of enormous in- mechanism. When the Congress fails to terest payments which take up nearly S.J. Res. 12, over 30 years, would start with govern responsibly and does not decreasing deficits—achieve a moment of 20 percent of our entire annual spend- produce a balanced budget as called for surplus (requiring enormous new taxes or ing, our budget is still in the red. by the Constitution, does the Supreme spending cuts)—enter a phase of declining We must be careful about confusing Court, as the chief interpreter of the surpluses (to perhaps one-year’s balance)— serious budget balancing efforts with Nation’s Constitution, decide what ac- and then revert to skyrocketing deficits. partisan exercises that could disrupt It would create $2.3 trillion in ‘‘gimmick counts will be advanced and what ac- deficits’’ between 1998 and 2018. the fiscal foundation of the country. counts cut in order to achieve balance? One of my major concerns about this It would result in tax hikes and/or spend- These matters are unresolved and ing cuts of $1.935 trillion from 2002 to 2018. amendment 2 years ago which remains threaten to create confusion and harm That $1.935 trillion is more than eight today is that the House still has in our Nation’s fiscal solvency—rather times Clinton’s largest-ever 1993 tax hike of place a rule requiring three-fifths than create the order and balance that $240 billion and almost five times the supermajority vote to raise income tax amount of CBO’s estimated savings ($423 bil- the Nation needs and wants. rates and income tax rates alone. lion) of what it will take to reach balance be- I will oppose the balanced budget Under the House rule, other taxes— tween today and 2002. While surpluses are amendment today because I believe such as the gas tax, Social Security not bad per se, this enormous level over such that we should leave the question of short duration would produce massive fiscal tax, or other excise taxes—can still be how to achieve sound fiscal policy to a strain. raised by a simple majority, taxes that vote of a majority here in Congress. We It would result in less than two decades of impact far more many of the working should not try, by rule or other provi- nondeficit spending, and just one year in families from New Mexico whom I rep- which the federal budget might actually bal- sion, to determine how future Con- resent. This House rule stands as an ob- ance. gresses choose to reduce the deficit or stacle to efforts to use the income tax, It would provide no possibility for tax cut keep the budget in balance. We should our most progressive tax, to raise reve- or spending increase unless a recession oc- not dictate whether they cut spending curs. nues for deficit reduction. It would require absolute spending cuts in The balanced budget amendment or raise taxes. We should not try to predetermine for future Congresses, as five of the first six years after the amend- that has been proposed does not help us ment, and a return to huge federal deficits in resolve many of the problems that this amendment would, which group of little more than two decades—$700 billion challenge our future economic health. taxpayers will pay the taxes and which from 2019–2024 and $2.474 trillion from 2019– Passing this resolution does not help group will suffer the spending cuts. Be- 2028, all perfectly off-budget and constitu- us solve the challenge to Social Secu- cause of the way that the balanced tionally legal. budget amendment is constructed, our S.J. Res. 12 could be worse than doing rity that looms in our future. It is nothing because of the high probability of clear that we must address the problem decisions would be locked in perma- nently if this amendment were to be- massive tax increases that would destroy of solvency of the Social Security trust economic growth. come part of the Constitution. This is fund, but as written this amendment WHAT S.J. RES. 12 WOULD NOT DO could cause a train wreck at the point not wise, and I cannot support such an effort. S.J. Res. 12 would not provide any addi- when Social Security disbursements tional support for Social Security. become greater than Social Security The framers of the Constitution It would not protect the trust fund—it will receipts. At least under one interpreta- chose to leave neutral the way in begin running deficits just seven years after tion of the proposed amendment, which sound fiscal policy is achieved. its outlays begin exceeding revenues in countless seniors could experience dis- We are well advised to defer to their 2012—exactly the current estimation. The trust fund would be bankrupt just 10 years ruption in receiving their checks. good judgment on that subject, to cease our efforts to solve this problem after that (2029)—also the current esti- During a time of severe economic mation. hardship and recession, the Govern- by changing the Constitution, and in- The trust fund balance sheet would not ment has traditionally helped by using stead, to solve it as we should—by con- change by a single dime and its solvency cal- fiscal policy to prime the economy and tinuing to make tough choices that re- endar would not be altered by a single day. jolt it toward growth. Such a strategy flect the priorities of our Nation. S.J. Res. 12 would not alter the fact that would not be possible given the re- Mr. CRAIG. Mr. President, during Social Security is a pay-as-you-go system and always has been. quirements outlined in the balanced this year’s debate on the balanced It would not provide a long-term solution. budget amendment. In addition, na- budget constitutional amendment the By pretending there exists some hidden bal- tional security demands, the need to Senate Republican Policy Committee ance, it would forestall a real solution to So- increase spending to thwart aggressive prepared more than 20 papers to assist cial Security’s long-term imbalance. moves by some future enemy, or to re- Republican Senators with our delibera- Simultaneously, S.J. Res. 12 would damage spond to some military crisis might tions. Some of these papers have par- Social Security because Social Security’s ex- ticular importance for the constitu- istence depends on a growing economy to also be improperly constrained by the meet its growing commitments—something balanced budget amendment as writ- tional and political debate which has S.J. Res. 12’s likely tax hikes would seri- ten. There is also no provision in the been going on for decades and which is ously jeopardize. balanced budget amendment permit- going to continue. HOW IMPLAUSIBLE ARE S.J. RES. 12’S ting Congress to develop a capital I ask unanimous consent that several REQUIREMENTS? budget, a budget capable of distin- of these papers be printed in the Every dime of the $1.935 trillion that would guishing between spending to meet cur- RECORD. be artificially added to the deficit between March 4, 1997 CONGRESSIONAL RECORD — SENATE S1873 2002 and 2018 would have to be payed for with tificially be added to the deficit under their actually. The words merely need to be read tax hikes and/or spending cuts. proposal by taking Social Security out of the in context: In the 2002–2007 period, spending literally calculation. After all, those hiding behind What Madison was opposing in No. 58 was would have to be cut in five of the six years Social Security’s exclusion to cover their op- the suggestion that the House of Representa- under S.J. Res. 12, even under CBO’s most re- position are proposing to add to the deficit tives should require a super-majority for a cent baseline spending estimates for a bal- twice the amount that Congress and Clinton quorum and more than a majority of a anced budget. By contrast, Congress’s failed proposed to cut! If they do not really support quorum for a decision. Madison did not, of 1995 effort to balance the budget was vetoed an additional $1.067 trillion in new taxes and course, oppose all super-majority require- by Clinton, and it merely slowed the rate of spending cuts—and we doubt that they do— ments for the House, but he did oppose sug- spending’s growth. what do they really support? The answer is gestions put forward by opponents of the Spending would decline in absolute terms— evident: More of the same tired, liberal ap- Constitution that additional super-majori- not just reductions in the rate of growth. proach to governing—more taxes, more ties were desirable. How rare are absolute spending cuts? Only spending, more debt. What Hamilton was opposing in No. 22 was nine times since 1933 have they occurred. the gridlock occasioned by the Articles of [From the U.S. Senate Republican Policy Eight were due to severe economic contrac- Confederation with its super-majority re- Committee, Feb. 24, 1997] tion or postwar economies: 1935, 1937, and quirements and unit voting (each State had 1938 during the Depression, the first three BBCA, SUPER-MAJORITIES, AND THE FEDERAL- one vote). years following World War II, and the first IST—MADISON AND HAMILTON SUPPORTED Hamilton also said (in Federalist No. 75), two years after the Korean War. SUPER-MAJORITIES ‘‘All provisions which require more than the The writers of the Federalist said some majority of any body to its resolutions have [From the U.S. Senate Republican Policy hard words about super-majorities which are a direct tendency to embarrass the oper- Committee, Jan. 29, 1997] trotted out whenever Congress debates the ations of the government and an indirect one Balanced Budget Constitutional Amendment A GIMMICK EVEN THE PRESIDENT WON’T EM- to subject the sense of the majority to that (BBCA). Unfortunately, those hard words are BRACE—CLINTON’S REMARKS UNDERCUT of the minority.’’ Id., at 507. This sounds almost always misused. BBCA OPPONENTS hard enough, but it appears in a paper about THE FEDERALIST ON SUPER-MAJORITIES ‘‘We couldn’t right now, neither the Repub- the making of treaties, and Hamilton strong- licans nor I and the Congress, could produce James Madison said that super-majorities ly supported the two-thirds vote of the Sen- a balanced budget tomorrow that could pass transfer power from the majority to the mi- ate as ‘‘one of the best digested and most with, if you said the Social Security funds nority and thereby ‘‘reverse’’ the ‘‘fun- unexceptionable parts of the plan.’’ Id., at cannot be counted, if you will, as part of the damental principle of free government.’’ A 503. What Hamilton was opposing in No. 75 minority can then frustrate the purposes of budget.’’ —President Clinton at his January was the suggestion that two-thirds of all the majority even when ‘‘justice or the gen- 28th press conference. members should be required on a vote rather eral good might require new laws to be President Clinton does not support a bal- than two-thirds of those members present. passed or active measures to be pursued.’’ anced budget constitutional amendment Keep in mind, too, that complaints about The Federalist No. 58, at 397 (J.E. Cooke ed. (BBCA), but yesterday, on the record, he re- super-majorities (especially for quorums) 1961). Alexander Hamilton said that super- were a product of the times—a horse-and- fused to accept the flimsy, implausible cover majorities may look like a remedy but are being used by some of its congressional oppo- buggy era when interstate travel was long, ‘‘in reality a poison.’’ They operate ‘‘to em- difficult, and dangerous, and many legisla- nents who are going to vote against the barrass the administration, to destroy the amendment unless Social Security is taken tors shunned regular travel to the seat of a energy of the government, and to substitute weak central government. out of it. the pleasure, caprice or artifices of an insig- The sentence from the transcript of the nificant, turbulent, or corrupt junto for the MADISON AND HAMILTON SUPPORTED SUPER- President’s press conference that is quoted regular deliberations and decisions of a re- MAJORITIES INDEPENDENTLY above is not the clearest example of oral ex- spectable majority.’’ The Federalist No. 22, Finally, we know that both Madison and pression that we have ever seen, but, clearly at 140. Hamilton thought super-majorities were what the President was saying was: A bal- This is strong stuff from two of America’s sometimes necessary because they advocated anced budget is not possible if Social Secu- giants. However, both Madison and Hamilton them separately. In convention, Madison rity is taken off budget and not taken into were strong supporters of super-majority re- moved that a vote of two-thirds be required account in calculating the deficit. quirements, and only by using The Federal- to expel a Senator or Representative. His Simply, Social Security is currently run- ist out of context can they be made to ap- motion carried 10 States to none. 2 Farrand, ning a surplus and is expected to do so for pear otherwise. The Records of the Federal Convention of the near term. Thus, if Social Security is re- THE CONSTITUTION ITSELF, WHICH THE FED- 1787 at 254 (1937 rev. ed.). It was also Madison moved from the budget calculations, the def- ERALIST WAS WRITTEN TO PROMOTE, CON- who moved that if the choice of a President icit will be falsely inflated by hundreds of TAINS SUPER-MAJORITIES should fall to Congress, a quorum must con- billions of dollars. For example, if Social Se- The Federalist was written to explain and sist of two-thirds. Id., at 526. Hamilton out- curity were to be omitted, the deficit would promote a Constitution which, in its original lined his own plan for a government, but did grow by an additional $465 billion during fis- version, contained super-majority require- not present it to the convention. He did, cal years 1998 through 2002 and by another ments in seven places: Article I requires however, draw upon its principles in debate. $602 billion during fiscal years 2003–2007, for a votes of two-thirds to convict on impeach- That plan contained at least five require- total of $1.067 trillion over the 10-year pe- ment (§ 3, cl. 6), to expel a Senator or Rep- ments for super-majorities. 3 Farrand at 620, riod. This is on top of the very real deficits resentative (§ 5, cl. 2), and to override a presi- 623, 625, 627, 630. with which Congress has been struggling for dential veto (§ 7, cls. 2 & 3). Article II re- Far from being opponents of super-majori- years. quires a two-thirds vote in the Senate to ties, Madison and Hamilton supported them. Last year, the President and the Congress consent to treaties (§ 2, cl. 2) and called for They supported them in the Constitution, in each made proposals that would have cut the special majorities if the election of the The Federalist, and in the convention. They deficit by about $500 billion for fiscal years President should be referred to the House of supported them because some rights are ‘‘too 1997 through 2002. $500 billion is a lot of Representatives (§ 1, cl. 3). Article V requires important to be exercised by a bare majority money, but it is less than one-half of the two-thirds of Congress and three-fourths of of a quorum.’’ 2 Farrand at 254 (Madison amount that the opponents’ proposal would the States to amend the Constitution. Arti- speaking on expulsion). Spending our chil- falsely add to the deficit if Social Security is cle VII required ratifications from 9 of the dren’s inheritance is one of these rights—a taken out of the balanced budget calcula- original 13 States before the Constitution right too important to be exercised by a bare tions. could go into effect. majority. It’s interesting when the President, no Madison (always) and Hamilton (some- times) were in attendance at the convention [Some of the quotations from The Federalist have stranger to gimmicks, is willing to expose been edited slightly.] the ruse of his friends. Recall that this presi- when these super-majority requirements dent offered a budget that used ‘‘triggers’’ to were adopted, and Madison himself was re- [From the U.S. Senate Republican Policy precipitously cut off spending programs in sponsible for some of them. They signed the Committee, Feb. 20, 1997] its final two years in order to be able to Constitution. They became its most able ad- claim to teach ‘‘balance.’’ And, he offered a vocates. Snippets from Federalist No. 58 and THE CONSTITUTION AND BBCA’S SUPER- budget which shifts the fastest growing por- No. 22 cannot obviate the fact that Madison MAJORITIES tion of Medicare—Home Health Care—from and Hamilton strongly supported the Con- Some opponents of the super-majority re- Medicare to the general taxpayer in order to stitution with all of its super-majority re- quirements in the Balanced Budget Constitu- claim he is ‘‘saving’’ Medicare. quirements. tional Amendment (BBCA) must suffer from If the opponents of a Balanced Budget Con- THE FEDERALIST, WHICH ITSELF SUPPORTS an irony deficiency. Only the irony-deprived stitutional Amendment are fiscally respon- SUPER-MAJORITIES, MUST BE READ IN CON- could complain about BBCA’s super-majori- sible, they will show us the tax increases and TEXT TO BE UNDERSTOOD ties while trying to cobble together a minor- spending cuts that they propose to enact to But how do we account for The Federalist’s ity of Senators (just 34) to defeat the pro- make up for the $1.067 trillion that would ar- hard words on super-majorities? Quite easily, posed amendment. S1874 CONGRESSIONAL RECORD — SENATE March 4, 1997

SUPER-MAJORITY IN THE BBCA that disability may be removed by a two- electing John Quincy Adams) and the Senate S.J. Res. 1 requires ‘‘three-fifths of the thirds vote of Congress. Amend. XIV, Sec. 3. has had to act once (in 1837, electing Richard whole number of each House of Congress’’ to By our count, Congress legislated under this M. Johnson to serve with Martin Van Buren). ‘‘unbalance’’ the budget (section 1) and to in- provision 191 times from 1868 through 1898 An Additional, Unique Super-Majority crease the debt limit (section 2). It requires (averaging about six per year). ‘‘a majority of the whole number of each Area Two: To Remove from Office The Constitution itself provided that it House’’ to increase revenues (section 4) and There is a second category of constitu- would not go into effect unless ratified by to permit a waiver because of a threat to na- tional provisions requiring a super-majority, nine of the original 13 States. Art. VII. tional security (section 5). namely those that allow Congress to remove BBCA IS CONSISTENT WITH CONSTITUTIONAL SUPER-MAJORITIES IN THE CONSTITUTION a person from office. Conviction on impeachment requires a TEXT AND PRACTICE Framers of the original Constitution and two-thirds vote of the Senate. Art. I, Sec. 3, framers of its amendments regularly called The Framers put super-majority votes cl. 6. Seven persons (all district court judges) for super-majorities. Congress has used within the four walls of the Constitution, have been convicted by the Senate after im- super-majority votes hundreds and hundreds and throughout the years Congress has regu- peachment. Seven others (including an asso- larly and unremarkably operated under of times for seven purposes in three general ciate justice of the Supreme Court, a Sec- those super-majority requirements. In fact, areas: retary of War, and President Andrew John- the Senate acts by super-majority vote Area One: To Change the Laws son) were tried and acquitted. Super-majority votes are required some- Expulsion from the Senate or House re- about once every month. Super-majority times to enact laws. These laws become the quires a two-thirds vote of the body. Art. I, votes are reserved for matters of special im- ‘‘supreme law of the land.’’ See Art. VI. Sec. 5, cl. 2. Fifteen Senators and four Rep- portance; they are not daily events, but they A two-thirds vote is required to override a resentatives have been expelled from Con- are not rarities either. They are about as presidential veto. Art. I, Sec. 7, cls, 2 & 3. gress (the great majority for disloyalty to rare as a new moon. Congress has overridden a veto 105 times the Union). Like the constitutional policies described (averaging once every Congress). (A President may be removed by a two- above, spending our children’s inheritance is Treaties require a two-thirds vote of the thirds vote of Congress for inability to dis- a matter of special significance that should Senate. Art. II, Sec. 2, cl. 2. The Senate has charge his duties. Amend. XXV, Sec. 4. This require an occasional super-majority vote. particular provision has never been used, voted on an estimated 2,000 treaties (averag- Note on Estimate of Treaties. Counts of Senate ac- ing about ten every year). however.) tion on treaties vary widely because of differing Constitutional amendments require a two- Area Three: To Elect to Office methods and judgments. In the original version of thirds vote in Congress (and ratification by If election of the President should fall to this paper we used an estimate of 2,500. That number three-fourths of States). Art. V. The Con- the House or election of the Vice President was based on data in Lyn Ragsdale, Vital Statistics stitution has been amended 27 times; there should fall to the Senate, the 12th Amend- on the Presidency: Washington to Clinton, Tables 7– were 17 votes on those successful amend- 1 & 7–2 (1996) (showing 1,955 treaties, protocols, and ment has special super-majority rules with conventions issued from 1789 through 1984 [all of ments. There were another five votes on pro- respect to quorums and voting. (These re- which appeared to require Senate action] and 1,542 posed amendments that cleared the Congress quirements supersede Art. II, Sec. 1, cl. 3 total international agreements from 1985 through but were never ratified by the States. which also contained super-majority require- 1993). After our first version of this paper was re- Certain persons who ‘‘engaged in insurrec- ments.) leased, CRS provided us with an estimate of 1,704 tion or rebellion’’ against the United States After adoption of the 12th Amendment in treaties approved by the Senate through 1996. are prohibited from holding public office, but 1804, the House has had to act once (in 1825, OVERALL EFFECTS OF S.J. RES. 12

Years On-budget Off-budget True budget Fiscal effect

1998–2001 ...... Declining deficit ...... Running Surplus ...... Declining deficit—$361 billion ...... Large cuts or taxes to offset ‘‘double surplus’’ ($361 billion from 98–01) Social Security Revenue surplus & interest income. 2002–2012 ...... Balanced: But must run surpluses to Dual surplus of Social Security TF: Surplus of SS TF—$1.395 trillion ..... Enormous $1,395 trillion ‘‘double surplus’’ offset by tax hikes or spending offset SS revenue removal and in- Both revenue and interest. cuts. terest transfer to off-budget. 2013–2018 ...... Balanced: Must run surplus to make Deficit: Balanced via transfer inter- Diminishing surplus—$539.4 billion Larger $539.4 billion ‘‘single surplus’’ transfer via tax hikes or spending interest payment to SS TF. est payment from on-budget. cuts to offset Social Security interest surplus. 2019 ...... Balanced: Must run surplus to make Social Security TF runs first deficit in Balance for 1 year?—$2.6 billion Transfer of Social Security interest payment in slightly less ($2.6 billion) SS interest payment. excess of both interest and reve- deficit projected off-budget. than Social Security’s revenue shortfall. nue receipts. 2020–2029 ...... Balanced: SS interest payment di- Mounting SS deficits ...... Rising deficits—$3.122 trillion Diminishing Social Security interest surplus transfer as trust fund begins minishing. (2019–2029). being consumed until exhausted in 2029. Increasing Social Security op- erating deficit must be absorbed. How? 1. 2030-Beyond ...... Balanced: No SS interest payment .... Social Security trust fund bankrupt .. $744 billion deficit in 2030 alone .... Social Security trust fund bankrupted. Enormous deficits, though economi- cally adverse, all off-budget and therefore legal. 1 The federal government would be faced with at least three possible budget alternatives: (1) The federal government borrows for Social Security and that money is put on-budget. Remember: the Social Security amendment only ad- dresses the receipts and outlays of Social Security. Once trust fund receipts are no longer sufficient to cover Social Security’s obligations, the shortfall must come from somewhere. Such a scenario would require commensurate deficit re- duction on-budget to cover the transfer to the off-budget trust fund. (2) An off-budget entity borrows for Social Security. The result would be substantially higher borrowing costs for the off-budget entity than if the money were borrowed by the federal government. However since this borrowing would be off-budget, the additional cost would not be constitutionally prohibited—this despite the fact that it would exacerbate the already very adverse true budget effect. (3) The federal government borrows for Social Security and that money is put off-budget. But this obvious liability of the government could be completely ignored for constitutional purposes. Again, it would accommodate substantial deficits in the true budget.

Mr. KERREY. Mr. President, I do not budget balanced fairly or a budget that succeed through a statute rather than intend to support this constitutional will ensure economic growth. through a constitututional amend- amendment. During previous debates In particular, I do not think it is wise ment, we should leave the Constitution on this issue, I have said that I believe to require a three-fifths vote to waive alone. that an amendment dictating a bal- this amendment in times of economic All of this being said, I do not ques- anced budget does not belong in our emergency. This gives entirely too tion the intentions of the authors of Constitution but that the path to bal- much power to larger population this amendment. Given our track ance belongs in our laws. I continue to States in the House and would hurt record on living within our means, believe that. And, I hope I am not smaller States like my home State of there are good arguments to be made being too optimistic when I say that I Nebraska. In addition, the national se- for this amendment. I have long said honestly believe we have an oppor- curity waiver provision in this amend- that as 1 of the 535 Members of Con- tunity to set our budget on the path to ment is too restrictive. And, I do not gress we can, and should, get down to the work of crafting a reasoned, bipar- balance this year through legislation think it is a good idea to allow Con- gress to rely on estimates to determine tisan balanced budget plan. But we and we have the chance to do so in a whether or not the budget is in bal- have not managed to do so. We have reasoned and bipartisan way. ance. As previous experience has shown not managed to muster the political I believe it is important to balance us, when you lead with estimates, gim- will to tackle some of the tougher is- the budget as a way to promote eco- micks are soon to follow. sues that stand in the way of a credible nomic growth. And any effort to Still, even if we were voting on some path to balance. We have not managed achieve a balanced budget must be other variation of this amendment, I’m to talk in a meaningful way about how done fairly and equitably. But I’m not not persuaded a constitutional amend- to control our entitlement spending convinced that the constitutional ment is the best way to mend our budg- and how to prevent that spending from amendment before us will ensure a et woes. I still believe that if we can consuming an ever-larger share of our March 4, 1997 CONGRESSIONAL RECORD — SENATE S1875 Federal budget as time goes by. Absent budget. The Senate debated and de- We are told that if Congress is re- change, a full 70 percent of the Federal feated this amendment in the last Con- quired by the Constitution to pass a budget will be consumed by mandatory gress. It has been reported once again law to implement a balanced budget, spending and interest on the debt by by the Senate Judiciary Committee, surely Congress will pass such a law. the year 2000 and that percentage will and has received the careful and thor- Well in 1979, 18 years ago, we passed a continue to climb. That is a scary sta- ough deliberation by the Senate which law that said, ‘‘Congress shall balance tistic. it deserves. the Federal budget.’’ That law, Public But I think, or at least I very much Except in unusual circumstances, Law 96–5, was the law of the land. Al- hope, that we are getting closer to hav- balancing the budget is the responsible though the Senate passed that provi- ing those conversations. Last year, I thing to do. That is why I have repeat- sion by a 96 to 2 vote and the President was part of the centrist coalition, a bi- edly supported balanced budgets. And, signed it into law, it did not happen. partisan group that included 11 Demo- we have made significant progress in Saying we must balance the budget crats and 11 Republicans. The coalition the past 4 years. We have reduced the will not make it happen; unless and spent approximately 5 months putting Federal deficit for 4 years in a row, until we do the hard work of budgeting, together a balanced budget package cutting the deficit by more than half it’s all just a dodge, and worse, because which contained significant entitle- from $290 billion in fiscal year 1992 to it encourages people to say we are ment reform, a reasonable discre- $107 billion in fiscal year 1996, from 4.7 cured before we’ve taken the medicine. tionary spending number and modest percent of the GDP in 1992 to 1.4 per- Mr. President, the plain truth is tax relief. The centrist package was of- cent in fiscal year 1996, the lowest in whether we pass a balanced budget fered as a substitute budget in May more than 20 years. In fact, for the amendment or not, it will still take a 1996 and received 46 votes in the Sen- first time in years, the real possibility majority of the votes of the Members ate. As far as I am concerned, those 46 of agreement to balance the budget in of each House to make the tough votes represent the start of a meaning- the next 5 years looms before us. choices needed to cut spending or raise ful effort to balance the budget in a bi- At the outset, let’s be clear about taxes. Unless and until we make those partisan, credible way. one thing. The proposed constitutional choices or adopt some process to imple- Regardless of how today’s vote turns amendment doesn’t balance the budget. ment the constitutional amendment, in out, I hope we will not lose the will to It tells a future Congress to pass legis- the absence of a congressional majority move forward to balance the budget. If lation to balance the budget. Unless agreement on how to balance the budg- this amendment were to pass both that future Congress agrees on legisla- et, we will not have a balanced budget. Houses, I would hope that we would not tion, the amendment will not be imple- Every Member of this body knows use that passage as an excuse to delay mented. Why not try to pass the imple- that we will not get to a balanced balancing the budget while we wait to mentation language now before the budget without tough decisions. Adopt- see if the amendment is ratified. And if vote on the constitutional amendment ing a constitutional amendment saying this amendment fails, I hope that we— so everybody could see how it would some future Congress must make the particularly people like me who main- work and if it would work? Again, tough decisions and balance the budget tain that we can balance the budget without that implementation legisla- not only isn’t a substitute for our act- without this amendment—will redouble tion, we’re left with a feel good gim- ing or adopting an enforcement mecha- our efforts to get the budget on the mick which would allow Members of nism, it will delay those actions be- path to balance in this Congress. Congress to claim that the deficit will cause people might think we have Mr. MURKOWSKI. Mr. President, in be cured without actually taking the acted. this debate on the balanced budget tough steps necessary to do the job. It If we are going to get to a balanced amendment, I believe the Senate has takes Congress off the hook for 5 years budget by 2002, there is a real, practical lived up to its reputation as the great- or more. And then, Mr. President, need to adopt the enforcement mecha- est deliberative body in the world, bar there is no hook. As the distinguished nism now. We all remember that, back none. We have spent nearly a month past president of the American Eco- in 1985, we passed the Gramm-Rudman- debating this measure and I want to es- nomic Association, Professor Robert Hollings bill, requiring a balanced pecially commend the distinguished Eisner, put it in his excellent article budget by 1991. Two years later, we chairman of the Judiciary Committee, January 22 in the Wall Street Journal, modified that requirement to call for a Senator HATCH, for his stamina and in- the amendment ‘‘might as well assert balanced budget by 1993. Well, 1991 and tellect in managing this measure. that the waves of the Atlantic Ocean 1993 have come and gone, and we still Now as the time for debate draws to shall not cross a certain line’’. In other don’t have a balanced budget. The rea- a close, I hope all of my colleagues will words, the language kicks in in 2002, or son is simple: the Congress never laid reflect on the simple principle that we later, and then there might be no kick. out an enforceable mechanism of how are attempting to incorporate into our As we have seen in the most recent we were going to get there. Like the Constitution. It is simply that one gen- Congress, the debate arises not over balanced budget amendment, Gramm- eration of Americans has no right to whether to balance the budget, but Rudman laid out the targets without mortgage future generations to finance rather how to reach that balance. The enough provisions for how they were to our daily spending habits. Think about issues which make agreement difficult be achieved. it. grow out of differences in priorities. Without any enforceable blueprint, There is one thing for certain, Mr. The President, in his budget last year we found ourselves pushed up against President. When the clock strikes mid- and again this year, has shown a path deadlines we could not meet. We got to night on December 31, 1999, and we to a balanced budget which also pro- the deadline and found ourselves con- enter the new century, America will vides for adequate funding for edu- fronted with a dropping stock market have run deficits for 31 consecutive cation, environmental protection, Med- and the prospect of sudden budget cuts years and we will have a national debt icare, Medicaid, and other essential that could throw the country into a of more than $6 trillion. Government functions. Many of the deep recession. We made the only If we are ever going to reverse that proponents of this constitutional choice we could, protecting the Nation endless tide of red ink, if we are going amendment support a large tax break, and the economy at the cost of not to ease the economic burdens on our paid for by larger reductions in Medi- meeting the budget targets. children and grandchildren, then as a care than the President proposes. It is The current congressional majority matter of moral responsibility, we will in hammering out these priorities that appears committed to marching down adopt this constitutional amendment. the difficult decisions arise. The con- this same road again. The constitu- If we don’t pass the amendment this stitutional amendment before us does tional amendment before us, like the will truly be an American tragedy. nothing to advance that process. In Gramm-Rudman law, would require us Mr. LEVIN. Mr. President, once fact, since implementing legislation to achieve a balanced budget in a fixed again the Senate is considering a con- will not be required for 5 years at the period of time. It doesn’t say how we stitutional amendment which some earliest, it may indeed provide the ex- are supposed to get there and stay claim will lead to a balanced Federal cuse to delay those tough decisions. there. S1876 CONGRESSIONAL RECORD — SENATE March 4, 1997 If this Congress fails to face up to the amendment, we can expect similar budget deficits. These provisions set obligation of laying out a detailed en- budgetary shell games. timetables for the congressional budg- forceable plan to reach and maintain a Third, States with balanced budget et process. They provide the rules for balanced budget as required by the requirements have frequently avoided debate for budget matters. They spell amendment, why should we expect fu- them by creating independent or quasi- out points of order that may be raised ture Congresses to be any more respon- public agencies and placing their ex- to keep the budget under control. They sible? If we duck the task of outlining penditures off-budget. We did much the establish the role of the Congressional the enforceable mechanism and/or the same thing in the 1980’s with the costs Budget Office. They provide controls cuts that will get us to a balanced of the savings and loan bail-out. Be- on legislation providing spending au- budget by 2002, and keep us at balance cause the amendment does not define thority and rules for legislation provid- thereafter, we can only expect that the key terms such as receipts and outlays, ing entitlement authority. They limit next Congress, and the next one after it is certain to lead to similar manipu- the use of off-budget agencies, pro- that, will follow the same course. If we lations. grams and activities. They establish don’t do the hard work this year, we Fourth, the deficit could be artifi- regulations for the sequestrations and can’t expect somebody else to do it for cially reduced by selling off valuable procedures for the rescission of appro- us next year. public assets, such as public lands. This priated funds. If we pass a constitutional amend- approach might enable the Federal Similarly detailed legislation would ment requiring a balanced budget Government to report a smaller deficit be required to implement and enforce amendment without an enforcement for a few years, but would have no im- the balanced budget amendment. To mechanism, we are going to face the pact at all on the structural gap be- give just one example of the complex same kind of choices we faced with the tween revenues and outlays. issues that would have to be addressed Gramm–Rudman law. If we don’t have There are numerous technical prob- by such legislation, the resolution be- the will now to plot our course to reach lems with the amendment. It does not fore us would require that outlays may and maintain a balanced budget, we tell us what an outlay is, what a re- not exceed receipts. However, Congress will get to 2002 and find that we have to ceipt is, or how the Congress will mon- does not legislate either outlays or re- either abandon the goal with the in- itor and regulate the precise levels of ceipts. The appropriations and revenue crease in cynicism which would accom- outlays and receipts. But, perhaps measures that we enact lead to outlays pany it, or risk undermining the na- most importantly, it does not tell us and receipts, but do not dictate the tional defense or pushing the economy what will happen if outlays in fact ex- exact levels of outlays or receipts in into a deep recession. ceed receipts. any given year. There is a way to avoid that fate. We What would happen if the amend- So Congress would have to establish can lay out an honest plan and an en- ment were ratified, and, by the end of new mechanisms to control outlays forceable mechanism, telling the a fiscal year, outlays were to exceed and receipts. This raises many difficult American people how we intend to revenues, a clear violation of the questions, on which reasonable people achieve and keep a balanced budget. amendment. What would happen? could disagree. Let me read from a col- That would be the honest approach, the Could the courts step in and enforce loquy between myself and Senator approach that the American public the amendment? Simon about some of these questions: would respect. According to the authors of the reso- Senator LEVIN. How would the monitoring Even the Wall Street Journal edi- lution, there would be no remedy, un- torial on February 4 stated, of the flow of receipts and outlays be done to less provided by future legislation. As determine whether the budget for any fiscal The notion of amending the Constitution Senator HATCH explained on March 7, year is on the track of being balanced? to outlaw budget deficits is silly on any 1986, ‘‘[T]here is no question that Con- Would this require implementing legisla- number of counts. Politically it’s empty gress would have to pass implementing tion? symbolism. Legally it clutters the Constitu- Senator SIMON. There would have to be tion with dubious prose * * * The concept legislation to make it effective. In that monitoring and future legislation would embodied in the proposed amendment meas- sense, it is not self-executing. . . . It have to take care of the implementation of ures nothing useful; it is at best a distrac- would be the obligation of Cong- that monitoring. tion, and at worst spreads confusion that ress . . . [to] enact legislation that Senator LEVIN. What exactly is the defini- will make the right things harder to do, not would cause this to come about.’’ tion of receipts and outlays? Specifically, easier. The unenforceability of the amend- would the receipts and outlays of Bonneville The proposed amendment is full of ment should not be a problem, the au- Power Administration be receipts and out- loopholes and ambiguities, all usable thors tell us, because future Congresses lays of the United States pursuant to this when 2002 arrives. For example: First, would be bound to respect the provi- constitutional amendment? Would the an- the implementation of the amendment sions of the amendment and the will of swer to these questions require implement- depends on economic estimates that the voters and to comply with it in ing legislation? can be made overly optimistic if that is good faith by enacting suitable imple- Senator SIMON. Implementing legislation what is necessary to project a balanced menting legislation. will be needed on some of these peripheral questions, but the intent is clear. budget. We have seen enough rosy sce- But this argument has two flaws. Senator LEVIN. In an instance in which narios in the budgets of both Repub- First, the amendment, if ratified, the OMB and the CBO disagree with each lican and Democratic administrations wouldn’t take effect until 2002 at the other on what a level of outlays is, how will to know how this game is likely to be earliest. This Congress wouldn’t be the dispute be resolved so that it can be de- played. For example, in 1981, our esti- bound by the provisions of the amend- termined whether or not outlays exceed re- mates were off by $58 billion. In 1982, ment. The next Congress wouldn’t be ceipts? our estimates were off by $73 billion. In bound. The Congress after that Senator SIMON. Future legislation will 1983, our estimates were off by $91 bil- wouldn’t be bound. In fact, no Congress have to take care of this. lion, and on and on. In 1991, they were would be bound by the terms of the Senator LEVIN. Who will determine the level of receipts and whether a revenue bill off by $119 billion—$119 billion in one amendment to enact implementing leg- is ‘‘a bill to increase revenues?’’ . . . . My year. You talk about a loophole. This islation until 2002 at the earliest, and question is, what happens if the revenue esti- one is big enough to drive a $119 billion by then it would be too late to take the mators in the Treasury Department say the deficit through. That’s bigger than our actions necessary to comply. bill is revenue neutral, and the Joint Com- current deficit. Second, the legislation required to mittee on Taxation say the bill will result in Second, the amendment requires a implement this amendment will be ex- a net increase in revenues? Whose estimate balanced budget in each fiscal year. tremely complex, and, even if everyone will prevail? How will the dispute be re- Throughout the 1980’s Congress and the acted in good faith, there still might be solved? President artificially lowered the re- no agreement. Over the last decade, we Senator SIMON. Future legislation will have to take care of this. ported deficit and met Gramm–Rudman have enacted into law some 50 single- Senator LEVIN. At what point will it be targets by delaying spending a few spaced pages of procedures, governing determined that outlays will in fact exceed days thereby pushing it from one fiscal the congressional budget process and revenues and that actions such as a tax in- year to another. Under the proposed attempting to rein in uncontrolled crease, spending cuts, or tapping into a rainy March 4, 1997 CONGRESSIONAL RECORD — SENATE S1877 day fund will be required? August 1? Septem- stitutional amendment like the one be- in either House of Congress over the ber 15? Who will make that determination? fore us could lead to the failure or in- issue of whether we pay our bills for Senator SIMON. There will have to be reg- ability to meet our obligations under our lawful debts. ular monitoring and future legislation will Social Security. The proponents will Some opponents who have addressed work out the details. claim that this would never happen be- this amendment have emphasized the Mr. President, these are difficult cause the constituencies supporting danger of putting a rigid straightjacket questions, on which reasonable people that program are politically strong. in the Constitution which could deepen could disagree. The assumption of the But, the Constitution is permanent. an economic emergency. Indeed, more authors that future Members of Con- Political circumstance is subject to than a thousand distinguished econo- gress will try, in good faith, to comply change. We should not enshrine in the mists, including eleven Nobel laureates with the amendment does not mean Constitution the use of Social Security have expressed their opposition to such that a majority of Members of each funds for any purpose other than Social a constitutional amendment for this House of Congress will agree on the Security. reason. Some opponents have empha- many issues involved or on whether to As the President stated in his letter sized the danger of the inclusion of So- require sequestration of funds if out- of January 28, 1997: cial Security and the unwise require- lays are determined to exceed reve- * * * [T]he constitutional amendment to ment of a supermajority in order to nues, or that they will agree on wheth- balance the budget could pose grave risks to permit the United States to pay its er to exempt the national defense or the Social Security system. In the event of debts. Others have argued, as The Wall Social Security payments from such an impasse in which the budget requirements Street Journal has, that this amend- can neither be waived nor met, disbursement sequestration. ment is an empty gimmick. While it is And what if the future Congress to of Social Security checks could cease or unelected judges could reduce benefits to true that not all of these flaws can be which we leave these questions can’t comply with this constitutional mandate. true at the same time, it is also true agree? Would dozens of unelected I am also deeply concerned about the that whether it is a dangerous straight judges assert jurisdiction and order supermajority requirement in section 2 jacket, or a dodge which won’t work, spending cuts or tax increases? When of the amendment. This would require it’s a mistake either way. the Senate during the 104th Congress 60 percent of the whole number of each Mr. President, if we want to achieve considered this constitutional amend- House in order to raise the debt ceiling. a balanced budget, there is one way to ment, we adopted by a 92 to 8 vote an As we learned in the last Congress, this do it. Don’t push the problem off onto amendment offered by Senator Nunn represents a grave risk to the ability of future Congresses with a balanced which added language to section 6 the Federal Government to meet its budget amendment that doesn’t even making it clear that ‘‘the judicial obligations. In 1995 and 1996, we saw a become effective until 2002 at the earli- power of the United States shall not determined minority, especially in the est. Keep doing the hard work as we extend to any case or controversy aris- House of Representatives plan and have started. Set out a plan with real ing under this article except as may be carry out an effort to hold the Presi- spending targets, real budget cuts laid specifically authorized by legisla- dent hostage by refusing to agree to out on a program-by-program and year- tion. . .’’ This safeguard has been lift the debt ceiling unless he accepted by-year basis, and real enforcement omitted from the version of the con- all of the details of their budget pro- mechanisms. I believe we are on verge stitutional amendment which is before posal. The strategy was rejected by the of a plan to reach a balanced budget in us today. American people, in part because a 5 years in this Congress. We have low- Since implementation legislation is vote to increase the debt ceiling is sim- ered the deficit for 4 consecutive years, the essential need, why not pass it ply a vote to pay the bills we owe: it is cutting it by more than half. Let’s not now? In the 104th Congress, I offered an simply a vote to honor the obligations be delayed or diverted. Let’s do the amendment, defeated on a 62 to 38 vote, that the Federal Government has al- hard work. At best, this amendment is which would have required us to pass ready incurred. Reasonable people may merely irrelevant to balancing the the legislation, not pass the buck. It differ on whether we should limit fu- budget. At worst, it threatens damage provided that the constitutional ture obligations and by how much, but to the economy, the Social Security amendment would be submitted to the I hope nobody in this body believes system, and the confidence of the States for ratification only upon enact- that we should not honor the obliga- American people in their Government. ment of legislation specifying the tions we have already incurred. Either way it’s a mistake. means for implementing and enforcing As Secretary of the Treasury Rubin Mr. McCAIN. Mr. President, I rise in the provisions of the constitutional put it in his testimony before the Judi- strong support of the balanced budget amendment. There are two advantages ciary Committee: constitutional amendment. Passage of to this approach. First, it places the re- The possibility of default should never be this constitutional amendment to bal- sponsibility on this Congress instead of on the table. Our creditworthiness is an in- ance the budget is the only way to pro- leaving it to a future Congress, by de- valuable national asset that should not be vide the needed discipline to guarantee laying the sending of the amendment subject to question. Default on payment of our Government’s fiscal restraint. to the States until we act. Second, the our debt would undermine our credibility This constitutional amendment sim- States would be informed how the en- with respect to meeting financial commit- ply requires the Federal Government’s forcement mechanism would work so ments, and that in turn would have adverse total outlays not exceed total receipts they could consider that in their ratifi- effects for decades to come, especially when for any fiscal year. It is important to cation deliberations. Since it has be- our reputation is most important, that is, note that Congress may waive this re- when the national economy is not healthy. come clear that the majority is unwill- Moreover, a failure to pay interest on our quirement if 60 percent of each body ing to amend its language in any way debt could raise the cost of borrowing not votes to do so. The amendment can and is defeating all efforts to improve only for Government, but for private borrow- also be waived in times of war. In order it, I have decided not to offer my ers from companies to homeowners making to become part of the Constitution, amendment again this year. payments on an adjustable mortgage. two-thirds of the House and Senate I am also concerned that the pro- Just a year ago we witnessed Sec- must vote in favor of the amendment, posed amendment would permit future retary Rubin forced to use every inno- and then it must be ratified by three- Congresses to use Social Security funds vative move within his authority to fourths of the States. for balancing the budget. I believe that avoid just such a default while incred- The facts are clear. History has prov- we have a special obligation to protect ibly the Chairman of the House Rules en that Washington is incapable of the Social Security trust fund, and Committee was calling for his im- making the tough spending decisions that we should not rob that fund to peachment for doing so. necessary to put our fiscal house in balance the budget. The Social Secu- The one road we should never take to order. Despite endless debate and sup- rity system is a contract which we a balanced budget is the failure to pay port for a balanced budget, our Federal have made with our senior citizens. We our lawful debts. But, this amendment budget has not been in balance since should not allow a circumstance in would make permanent in the Con- Neil Armstrong landed on the moon 28 which even unintended effects of a con- stitution a shift of power to a minority years ago. S1878 CONGRESSIONAL RECORD — SENATE March 4, 1997 For years, politicians—in Congress four would have to pay $1,156 a month ing. There are no votes in fiscal discipline. and in the White House—have talked for the next 5 years? That is $38 per What you have here is a sad case of pursuit incessantly about the need and their day. of self as opposed to pursuit of what is in the desire to balance the budget. Listen to As more than 200 economists told the national interest. The balanced budget amendment is simply a recognition of that the following quotes: Congress in an open letter, in which human behavior. We must balance the federal budget . . . I they urged support to the balanced Now, I want to talk for a moment shall recommend a balanced budget . .. budget constitutional amendment: about Social Security. I had hoped that —RICHARD NIXON We have lost the moral sense of fiscal re- Social Security would have been ex- JANUARY 22, 1970 sponsibility that served to make formal con- stitutional restraints unnecessary. We can- empted from the balanced budget con- With careful planning, efficient manage- stitutional amendment, and I voted ment and proper restraint on spending we not legislate a change in political morality; can move rapidly toward a balanced budget— we can put formal constitutional constraints twice to remove Social Security from and we will. in place. the effects of this amendment. I believe that exempting Social Security—with —JIMMY CARTER We have a moral obligation to ensure the caveat that it is administered hon- JANUARY 19, 1978 that our children and grandchildren estly and we do not turn the trust fund The path I’ve outlined is fair, balanced and and their grandchildren are not bur- realistic . . . aiming toward a balanced budg- dened with backbreaking debt. We are into a slush fund for other Federal et by the end of the decade.’’ snatching away their prospects of ever spending—would have protected the Social Security trust funds and en- —RONALD REAGAN achieving the American dream. I was sured the viability of the system for JANUARY 25, 1983 struck by a recent report on our current and future retirees. If only talk meant action. generational accounting that showed a At the same time, I fully recognize Neither the current rhetoric about child born today will keep just 16 per- that exempting Social Security from balancing the budget nor the momen- cent of their lifetime wages if we do this amendment would force us to ad- tary good news that our annual deficits not change the course of our Govern- dress the need for real spending reduc- have been coming down more than was ment spending. How can we believe tions in other Federal programs. I be- expected should trick us into believing that we are preserving liberty and free- lieve my record on cutting Government that we are on the right path. dom if we are asking our children to spending is pretty clear—I have proven According to a January 1997 report surrender 84 percent of their lifetime time and time again I am willing to by the nonpartisan Congressional earnings to feed the Federal trough? I make the tough votes to cut popular Budget Office [CBO], the deficit will have seven children and three grand- programs. However, I am not sure that climb from the current $107 billion to children. It is simply not fair to my some of my colleagues who supported $124 billion this year. And it will not children or anyone’s children to pass the Reid and Dorgan amendments to stop there. It will increase to $188 bil- down this legacy of debt. exempt Social Security would actually lion in 2002 and reach $278 billion in Even in this time of some optimism be willing to rein in spending by the 2007. In 10 years, without fundamental about balancing the budget by the year additional $700 billion necessary to bal- changes in our spending habits, the def- 2002, there are no assurances that we ance the budget without including the icit will be over 21⁄2 times what it was will actually achieve that goal or that Social Security trust funds in the cal- in 1996. CBO’s assessment of these sky- we will keep the budget in balance be- culations. rocketing deficits is very disturbing: yond 2002. One year in balance is not enough. Let us not forget that Con- Our efforts to exempt Social Security The budget deficits projected for the future did not prevail. Nonetheless, I will be years are so large that they could put an end gress and the President have been try- to the upward trend in living standards that ing with little success to balance the vigilant in my fight to protect the So- the Nation has long enjoyed. Thus current budget for almost three decades. cial Security trust fund and end this U.S. budget policies cannot be sustained Time and time again, Congress has charade of using trust fund moneys to without risking substantial economic dam- passed statutes that were supposed to mask the deficit. I know Arizonans do age. restore fiscal discipline—the 1990 budg- not want their hard-earned dollars in- Talk about a risky scheme. ‘‘Sub- et agreement, Gramm-Rudman-Hol- vested in the Social Security system to stantial economic damage’’—the CBO lings I, Gramm-Rudman-Hollings II, be used for studying cow flatulence, report went further, stating that if we just to name a few. Unfortunately, shrimp aquaculture centers, wood utili- fail to bring our deficits to a halt, our good intentions have not produced the zation research programs, or potato re- economy will enter a period of ‘‘accel- desired results. Spending targets were search programs, just to name a few. erating decline.’’ adjusted and readjusted. Deadlines Mr. President, I firmly believe that How many warnings will it take to came and went. Promises of spending the most serious threat to Social Secu- spur us to action? Are there any words restraint were broken again and again. rity at this time is deficit spending and strong enough to force us to act? We cannot afford any more empty our ever-growing national debt. As The number crunchers show us that promises. Robert Myers, the Chief Actuary of the if we do not act, our children will face Opponents of this amendment will Social Security Administration from tax rates of 82 percent. Talk about tax- tell you we do not need this amend- 1947–1970, stated recently: ation without representation. Stagger- ment to balance the budget because [T]he most serious threat to Social Secu- ing statistics show that a child born both the President and the Congress rity is the federal government’s fiscal irre- today will have to pay nearly $200,000 have agreed to work together to bal- sponsibility. If we continue to run federal in taxes over his or her lifetime just to ance the budget by the year 2002. Our deficits year after year, we will face two dan- pay interest on the debt. well-intentioned colleagues should not gerous possibilities. Either we will raid the Have we completely forgotten Thom- trust funds to pay for our current profligacy, be lured into this false sense of secu- or we will print money, dishonestly inflating as Jefferson’s stern warning? rity that ignores history. our way out of indebtedness. Both cases We should consider ourselves unauthorized Since 1960, we have had a balanced would devastate the real value of the Social to saddle posterity with our debts, and mor- Federal budget only one time. Why? Security Trust Funds. Regaining control of ally bound to pay them ourselves. People in public office like to do popu- our fiscal affairs is the most important step Mr. President, it is clear we have dis- lar things. One need only look at the that we can take to protect the soundness of missed the moral implications of defi- budget fiasco of 1995 to realize that bal- the Social Security Trust Funds. cit spending. We only need look at the ancing the budget is neither popular Mr. President, that is exactly what buildup of our national debt as proof. nor easily achievable in today’s politi- the balanced budget amendment would Although it took us over 200 years to cal climate. do—it would force us to control our fis- reach the $1 trillion debt mark, in less The late Senator Paul Tsongas put it cal affairs. Passage of this amendment than 20 years the debt has grown more best: in the Senate is only one small step to- than five times. It now stands at a If you ask yourself why are these deficits ward fiscal responsibility. This amend- staggering $5.3 trillion. Do you realize always voted for, the answer is very simple ment still has a way to go before be- to pay off this debt, every family of ** * There are a lot of votes in deficit spend- coming part of our Constitution—the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1879 most sacred and important document their own interests to hold this amend- contend that were they here on the underpinning our Nation’s history and ment hostage any longer. In State floor of the Senate today, they would Government. A tough vote awaits in Houses across the country, we must to a person vote against this amend- the House, and then three-fourths of begin the debate about whether the ment because it violates the Constitu- the States must ratify the amendment. Federal Government should be forced tion’s most basic tenet—majority rule. But we must move this process for- to live within its means. I have researched this issue, Mr. ward. The mere fact that this amend- I call on every American to read President; allow me to review it brief- ment has been trapped in Washington carefully this proposed constitutional ly. In Federalist 22, Alexander Hamil- for so many years proves just how out amendment. Do not be fooled by the ton called a requirement for a quorum of touch we are with those we sup- scare tactics of those who cannot con- of more than a majority poison for a posedly represent. Poll after poll of the trol their hunger for Federal spending. deliberative body. Poison, Mr. Presi- American people shows the balanced Decide for yourself whether it will help dent, is Hamilton’s word, chosen by a budget amendment winning approval or hurt our current state of fiscal af- Founding Father of our democracy, not ratings of nearly 80 percent. Yet, Wash- fairs. this Senator from Massachusetts in ington politicians want to keep this de- It is time for real Americans to close- 1997. bate inside the beltway, probably be- ly examine all the what ifs and the ex- Let me explore Hamilton’s thought cause they fear what might happen if cuses about why we should pass this further. He elaborates pointedly that: we let the people decide. disciplinary tool, and see if they hold The necessity of unanimity in public bod- What are the opponents of this water. Unfortunately, we know all too ies, or something approaching toward it, has amendment afraid of? Quite simply, well that all of the what ifs and ex- been founded upon a supposition that it they are afraid that it will pass. I can would contribute to security. But its real op- cuses cannot erase the facts. eration is to embarrass the administration, understand why they are scared. You In January 1995, the Bipartisan Com- see, many are spending addicts who to destroy the energy of the Government, mission on Entitlement and Tax Re- and to substitute the pleasure, caprice, or ar- have built their entire political careers form, chaired by Senators BOB KERREY tifices of an insignificant, turbulent, or cor- spending other people’s money on their and John Danforth, warned us that in rupt junto to the regular deliberations and own priorities. They do not want to the year 2012, projected spending for decisions of a respectable majority. part with their Federal credit card that entitlements and interest on the na- Hamilton, Mr. President, was con- has no limits and never comes due. tional debt will consume all tax reve- cerned that the requirement of more They hide behind excuses about why a nues collected by the Federal Govern- than a majority would allow the mi- constitutional amendment requiring a ment. By 2030, projected spending for nority to rule simply by not showing balanced Federal budget will not work. Medicare, Medicaid, Social Security, up. ‘‘This situation,’’ he said, ‘‘must al- They say they support a balanced and Federal employee retirement pro- ways savor of weakness—sometimes budget amendment, just not this one. grams alone will consume all our tax border on anarchy.’’ Harsh words, Mr. President, but Or they talk about balancing the budg- revenues, leaving us nothing to educate again, not mine. They were written et, but refuse to actually do it. our kids, keep our streets safe or pro- two centuries ago but could not be In short, they want to protect them- tect our environment. more prescient and more appropriate selves from making tough spending de- The warnings are clear. Time is wast- for this debate. cisions. They prefer the status quo. ing. Since we last voted on the bal- Opponents of this amendment prob- Knowing his thoughts on the issue of anced budget amendment in June 1996, ably understand best the real effect of a supermajority quorum, how do you our national debt has increased nearly this amendment. They understand that think Hamilton would vote if he stood $200 billion. We would be wise to re- it will be a straitjacket on spending. among us today? However, let me be perfectly clear member the words of one of our great And how do you think Hamilton and that nothing in the balanced budget founding fathers, Thomas Jefferson: the rest of our Founding Fathers would amendment precludes Congress from I place economy among the first and most feel if they knew that a collection of continuing on our current path. We important of republican virtues, and public Members of Congress could pass a con- debt as the greatest of dangers to be feared. could still deficit-spend even with this stitutional amendment which contains amendment in effect, so long as 60 per- I hope my colleagues will pay heed to a provision allowing it to be waived? cent of each House votes in favor of Jefferson’s sage advice and support the Mr. President, the notion that a part of doing so. Granted, this would be a balanced budget amendment. our most fundamental document of law tougher hurdle to clear. But why not Mr. KERRY. Mr. President, this has can be set aside for a time is ludicrous force Congress to live up to a higher been an unusually enlightening—if a and anathema to the very reasons for standard, to be more accountable, bit protracted—debate. We have had having such a governing document at when the future prosperity of our coun- this discussion before on a number of all. That’s not to say that, given the try is at stake. occasions and I assume we will have it wording of this constitutional amend- Finally, the games that politicians in again during this Congress. It is my ment proposal, the capability to waive Washington have long played will be fervent hope that emerging from all is not needed; emphatically, it is. But exposed for what they really are—to this discussion will be a general under- that necessity does not remove the use a favorite phrase of President Clin- standing on the part of the American strong undesirability of permitting a ton and Vice President Gore from the people that there is a discernable dif- waiver of a provision of our fundamen- election—a ‘‘risky scheme’’ that ference between a balanced budget tal governing document. threatens to devastate Social Security, amendment to the Constitution and a Mr. President, if that is not enough Medicare, education, and the environ- balanced budget itself. to dissuade Senators from supporting ment. Mr. President, this amendment is as such a poorly drafted amendment to Passage of this amendment would fi- fundamentally flawed this year as it our Constitution, let me explore fur- nally force Washington to do what was last year. As it is currently draft- ther what is wrong with the proposal needs to be done, namely, determine ed, I cannot support it. before us. I have come to the floor pre- our long-term spending priorities; ad- I have come to the floor previously to viously and discussed the inherent and dress projected deficits in important discuss the detrimental effects of this unprecedented problems with a process programs; shift power back to the proposed amendment to the Constitu- which would lead to the Congress States, local communities, and fami- tion. ceding to the judiciary the power vest- lies; and provide incentives for savings I have discussed at length the par- ed in it by the citizenry of this Nation and investment. Perhaps the real fear ticularly odious issue of the amend- to formulate a budget. of this amendment’s opponents is that ment’s supermajority requirement. As Last year when we considered this President Clinton’s own words would I have illustrated in the past, Mr. amendment, Walter Dellinger, an as- finally come to fruition—the era of big President, the most compelling argu- sistant attorney general, testified be- government would be over. ments against this amendment as fore the Judiciary Committee. Let me Mr. President, we cannot allow ca- drafted come from the real experts, the remind my colleagues of his analysis. reer politicians seeking to preserve Framers of the Constitution. I would He testified that: S1880 CONGRESSIONAL RECORD — SENATE March 4, 1997 should the measure be enforced by the Ju- tion’s economy. The amendment before Massachusetts has been a recession- diciary, it would produce an unprecendented us requires the budget to operate at prone State. In the late 1980’s, the restructuring of the balance of power be- balance or surplus, whether economic economy of New England collapsed. tween the branches of government. If it growth is strong or weak. It requires a While we have crept out of the ruins of proves unenforceable, it would create a quite balanced budget even if economic different but equally troubling hazard; by unemployment and business loss, we writing an empty promise into the fun- growth is negative. Let me take a mo- must be vigilant not to return. Back in damental charter of our government, it ment and explore the consequences of the 1980’s and early 1990’s, I fought hard would breed cynicism about our government that, Mr. President. to alleviate the recession in Massachu- and diminish respect for the Constitution of One of the greatest economic setts by continuing the flow of Federal the United States and for the rule of law. achievements of the 20th century has dollars into the Commonwealth and The distinguished professor of law been the unglamorous but vital respon- easing its credit crunch. Mr. President, Archibald Cox concurred with this sive economic system installed by the Federal funds were instrumental in view. He states that this amendment: U.S. Government in the aftermath of jump-starting economic growth in Mas- would spawn disputes and charges of viola- the Second World War. It is obvious in sachusetts: My home State receives tion without providing either the means of periods of stagnant economic growth more Federal funding than 43 other resolving the disputes or remedies for the ac- that revenues rise more slowly. Higher States on a per capita basis and 17 per- tual threatened violations, except to bring unemployment, fewer people working, cent more than the average State. Mas- the courts * * * into a field for which they fewer people paying taxes; slower sachusetts State secretariats are high- are totally unequipped by experience. growth, economic and business con- ly dependent on Federal expenditures Indeed, the courts are totally traction, fewer companies paying to help residents of the State overcome unequipped by experience, Mr. Presi- taxes. Mr. President, this is not dif- the negative effects of recessions: In dent, to contend with this amendment ficult to understand. When these unfor- the last fiscal year, Federal dollars should it be made part of our Constitu- tunate economic slowdowns occur now, provided nearly 80 percent of the fund- tion. Unelected judges would be forced we have a system which alleviates ing for Massachusetts’ Health and to order the Government to reduce or some of the pain felt by individuals and Human Services secretariat, 77 percent stop paying benefits—like Social Secu- companies, and eases us back into eco- of the education secretariat budget, rity or Medicare—or to cut Federal nomic growth. Federal spending in- more than half of the housing and com- spending. Perhaps the current majority creases—especially on programs like munity development budget and 43 per- in the Senate has no dispute with that. unemployment insurance—and outlays cent of the transportation and con- But think of it, Mr. President, necessarily exceed revenues. That is struction spending. unelected judges also could order Con- economic sense, Mr. President. If an amendment to the Constitution gress to increase taxes to enforce the This amendment, as it is drafted, mandates a balanced budget and my constitutional requirement to balance works against economic reality and State experiences an economic down- the budget. And this has happened in risks making recessions more frequent turn, it will be at the mercy of the our country, I tell my friends on the and turning recessions into depres- supermajority of 65 Senators who sions. And I make this statement not other side of the aisle, in the case of would have to join me and Senator based on economic theory cooked up in Missouri versus Jenkins. KENNEDY in releasing more funds, if an ivory tower or a think-tank down- But Mr. President, what I believe necessary, to combat that recession town. I make it based on the real-life most renders this amendment as draft- and prevent it from wreaking greater experience of this country during the ed unacceptable is that it would havoc. dark days of the 1930’s. After the stock achieve the exact opposition of its os- Again, Mr. President, this is not pie- market crashed in 1929, revenues tensible intention. in-the-sky speculation. The Common- dropped and Congress pursued an eco- I suppose the proponents believe that wealth Center for Fiscal Policy pre- nomic program which consisted of this amendment to the Constitution dicts that ‘‘a fiscal crisis looms for would restore and demand fiscal dis- spending cuts and tax increases: the exact course which this amendment Massachusetts.’’ Our fragile State cipline of the Congress and the Govern- would dictate. What was the result economy will be tested at a time when ment. But, Mr. President, deficit reduc- then, Mr. President? This country ex- the Federal Government continues to tion, in and of itself, is not an eco- perienced its most destructive depres- threaten cuts to vital transfer pay- nomic policy. The jagged, complex, and sion. The spending cuts and tax in- ments to States. sometimes unpredictable nexus be- creases drained purchasing power from Mr. President, I oppose this amend- tween fiscal and monetary policy the country and helped make the down- ment as it is drafted for all the con- forces us to maintain comprehensive turn deeper. This amendment will ex- stitutional and economic reasons I economic foresight and vision—be vigi- acerbate the natural business cycle of have outlined. Before I conclude, I lant of budget constraints, mindful of expansion and recession. must note to my colleagues that I find the markets, cooperative with our Since the Great Depression and it enormously ironic that over the next chief trading partners, careful with in- World War II, we have made enormous few weeks, we will all line up to vote flation and unemployment, responsive progress in reducing the rollercoaster for one budget or another that balances to the needy, and watchful of the busi- of the boom and bust cycles and this by the year 2002. In fact, the President ness cycle. amendment would strip us of that has already submitted his plan and it Those are the ingredients of the plan progress and its protections. It would is, as far as I know, the first one on the the Democrats enacted in 1993. That’s remove the fiscal buffer the Federal table to reach balance by that date. I why we reduced the deficit by two- Government has in place and leave the have not yet seen any plan from my thirds in 4 years. By 1996, the Federal States and individual Americans and Republican colleagues, but I am con- deficit had shrunk to 1.4 percent of the American companies to bear the brunt fident that when they assemble one, it, gross domestic product from 4.7 per- of economic downturns. too, will balance by 2002. So, you see, cent in 1993. That’s why inflation and The former Director of the Congres- Mr. President, we all agree on that. interest rates and unemployment are sional Budget Office, Robert Isn’t it ironic that now, of all times, at an all-time low. That’s why the mar- Reischauer, agrees. He argues: the drumbeat for a constitutional ket is breaking records. That’s why the A balanced budget rule could make it even amendment grows louder? Mr. Presi- current economic expansion is one of harder to conduct discussions of policies on dent, where was that drumbeat in the the most prolonged positive business their own merits, and could lead to distor- 1980’s, when President Reagan was run- cycles in this century. And, that’s what tions of policies simply to meet budget ning unprecedented deficits? When no makes the current debate on this goals. * * * Burdens might be shifted to State and local governments or to the pri- balanced budget was in sight? amendment all the more ironic. vate sector even when the public good would Let us call this exercise what it is Economist after economist including be enhanced by keeping the programs at the and get back to work to restore fiscal Nobel laureates and Alan Greenspan Federal level. responsibility the old-fashioned way— will tell you that this amendment, as Well, Mr. President, my State can’t through hard work, not by headline drafted, will wreak havoc on the Na- handle this. For the last two decades, grabbing. I yield the floor. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1881 Mr. BAUCUS. Mr. President, I rise in And the means testing for Medicare Mr. LEAHY. Mr. President, I know support of the balanced budget amend- part B would have increased medical that we are supposed to break at 12:30 ment. expenses for some Montanans. But it unless with consent the managers get Amending our Constitution is not an was fair and it represents the task be- more time. action that anyone in this body should fore us. There are no simple cuts. What is the time situation for the take lightly. I did not reach my conclu- I have fought Government waste for distinguished Senator from Utah and sion without a great deal of thought years. I have long opposed the star the Senator from Vermont? and consideration. wars defense system and the space sta- The PRESIDING OFFICER. The Sen- It is time for Congress to pass this tion. In the 103d Congress, as chairman ator is correct. The Senator from Ver- amendment and open it up to the scru- of the Committee on the Environment mont has 2 minutes and 50 seconds re- tiny of the State legislatures, the Gov- and Public Works, I cut $120 million maining. The Senator from Utah has 5 ernors, and the citizens. from the Federal courthouse construc- minutes 40 seconds remaining. A BRIEF HISTORY tion budget. Prior to that I worked Mr. HATCH. It is my understanding ‘‘MAX, Congress needs to get its act with then-Senator DeConcini to cut $50 that the distinguished Senator from in gear. We need to balance the budg- million from the CIA’s National Recon- Texas would like to speak. I think he is et.’’ Four years ago I heard that every- naissance Office after we caught them on his way. As soon as he arrives, I where I went in Montana. It didn’t wasting money on a building with a would be happy to yield whatever time matter if I was out on one of my work- fountain and a sauna. I am not a new- I have to him. days or at the county fairs; spending comer to this fight. I suggest the absence of a quorum. time on a dusty ranch, or in the grow- RATIONALE The PRESIDING OFFICER. The ing cities. On this floor there has been a lively, clerk will call the roll. The deficit had ballooned to $290 bil- principled debate about if, when, and The legislative clerk proceeded to lion and it showed no signs of shrink- how easily this country should run a call the roll. ing. The deficit was not only running deficit. Mr. LEAHY. Mr. President, I ask up our national debt, it was eating I do believe that in times of crisis, unanimous consent that the order for away at the public’s confidence in their such as an act of war, we should be al- the quorum call be rescinded. Government. lowed to run a deficit—temporarily. The PRESIDING OFFICER. Without Then, 4 years ago, an interesting The last time there was a balanced objection, it is so ordered. thing happened. Congress passed, and budget or a budget surplus was fiscal Mr. LEAHY. Mr. President, how President Clinton signed, a budget that year 1969. We have been running at a much time does the Senator from Ver- actually cut our deficit. And now for deficit for 28 years now—through three mont have? the past 4 years we have shrunk the expansions and two recessions. To run The PRESIDING OFFICER. The Sen- deficit. Last year the Congressional a deficit for that long—without a clear ator from Vermont has 21⁄2 minutes, Budget Office estimated that the defi- and pressing need—is wrong. the Senator from Utah has 3 minutes 20 cit was down to $107 billion. The time to balance the budget is seconds. We can all agree that these are steps now. Mr. LEAHY. I ask unanimous con- in the right direction. But not is not RESERVATIONS: SOCIAL SECURITY sent that the Senator from Utah and the time to start patting ourselves on I also recognize that we have a com- the Senator from Vermont be granted the back. an additional 5 minutes each prior to These steps toward solvency are not mitment to Social Security that we breaking for the caucus lunches. enough. Montanans still tell me that cannot ignore. Many Montanans and balancing the budget is one of their Americans depend on these benefits The PRESIDING OFFICER. Is there highest priorities. And it should be our when they retire. objection? Without objection, it is so top priority. We are all aware of the far-reaching ordered. I have worked toward a balanced budget consequences that will result Mr. LEAHY. Mr. President, I yield 6 budget for a long time. I believe that when my generation, the baby minutes to the distinguished Senator we need to cut spending, eliminate boomers, reaches retirement age. The from New Jersey [Mr. TORRICELLI]. Government waste, and to create a Tax strain on the system will be unprece- The PRESIDING OFFICER. The Code which is fair to Montana families. dented, but not insurmountable. Chair would note that in 6 minutes the I have often been in pretty small Through careful planning we can pre- hour of 12:30 will have arrived and the company as I have worked for the first serve Social Security for all. Senate will then stand in recess. of those priorities—cutting spending. However, I fear that it would only be Mr. LEAHY. No. Mr. President, the In 1984, I was joined by former Senator a matter of time before a mid-year unanimous consent was that we go be- Kassebaum, and Senators GRASSLEY scramble to meet budget requirements yond that time. and BIDEN in sponsoring an across-the- would lead some legislators to consider The PRESIDING OFFICER. If that is board freeze on all Government spend- cutting benefits. We cannot let that the understanding, if there is no objec- ing. This 1-year freeze got just 33 votes. happen. We must protect the Social Se- tion, it is so ordered. While it would have caused pain in curity system for our Nation’s seniors. The Senator from New Jersey is rec- Montana, it spread the cuts out to I will work very hard to do just that. ognized. many programs and shared the pain. CONCLUSION Mr. TORRICELLI. I thank the Chair. That’s how this process must work if So I urge you all to speak to your I thank the Senator from Vermont we are to get to a balanced budget. constituents. Look deep within your- for yielding. In 1986, I was the only member of selves and examine your values. Mr. President, several days ago, in an Montana’s congressional delegation— Amending our Constitution is—by de- unfortunate and I believe in an intem- and the delegation was 33 percent larg- sign—a difficult task. Something that perate moment that does not charac- er then—to vote for the Gramm-Rud- cannot be done on a whim. terize the distinguished majority lead- man-Hollings act. That bill required I have thought long and hard. And er, he made some regrettable com- Congress to meet a set of progressively I’ve concluded that we need to make a ments with regard to Members of this lower budget targets each year. But clean break with the past. We need to institution who as a matter of con- that bill included no plan to get us to establish a new ethic of responsibility. science have decided they either need- our targets. As I said earlier, there has been a ed to change or oppose the resolution I was just one of 31 Senators to join lively and principled debate here on offered by the Senator from Utah. Senator KERREY in 1994 on a bill to cut the Senate floor. It is now time to ex- I will not respond in kind to Senator $9 billion from a number of programs. pand the debate. Let the people decide. LOTT’s comments, but I do find it nec- This package included cuts to pro- I am confident that they will be as cau- essary today to rise to address once grams which benefit Montana, like the tious and thoughtful as we have been. again the question of the balanced food aid programs which help our The PRESIDING OFFICER. Who budget amendment. The issue was wheat farmers and the honey program. yields time? raised whether those of us who have S1882 CONGRESSIONAL RECORD — SENATE March 4, 1997 supported a balanced budget amend- U.S. Government is able to respond, to The PRESIDING OFFICER. Seven ment were keeping faith with our com- provide for economic needs. I believed, minutes. mitments to our constituents by oppos- in Senator LOTT’s communication, he Mr. GRAMM. Mr. President, first let ing this resolution today. was interested in accommodating that me thank our dear colleague from I would remind Senator LOTT that concern. It has not happened. Utah, Senator HATCH, who has been a not only have I supported a balanced And I remain concerned, like other great and effective leader on this issue. budget amendment but last week I Members of the Senate, how we can en- We would not be where we are—that is, voted for a balanced budget amend- sure the integrity of Social Security as close to the goal line as we are— ment. It is simply not the version he and maintain that commitment to our without him. preferred. constituents, and how, indeed, we could Our Senate Democratic colleagues I rise also, Mr. President, because I provide in the future for at least the are concerned. We hear it everywhere. do believe as well there is a burden possibility of a capital budget. They are really concerned. I went back that has not been met in this institu- Mr. President, now, only hours before this morning and looked at every tion to those of us who support a bal- the vote, I am left with this question. amendment they have offered to the anced budget amendment. And that is It seems to be relatively simple to balanced budget amendment to the the concern raised by the Treasury De- reach some accommodation, to engage Constitution of the United States and partment. The amendment as currently in some compromise, to reach the con- found that they are so concerned that drafted would forever preclude the de- cerns of at least one Senator on at they have offered amendments on the velopment of a capital budget by the least one of these issues. The question, floor of the Senate to exempt 95 per- U.S. Government. We have asked the therefore, before the body is this: Did cent of the domestic budget from the majority to address how in voting for a Senator LOTT really ever seek to win balanced budget requirement. They are balanced budget amendment this con- this fight, or is this an attempt to so concerned about balancing the budg- cern could be accommodated. We have amend the Constitution that was never et that they think 95 percent of the been met by silence. We have asked to really designed to succeed? We have things we spend money on domestically have addressed the concerns of the CRS waited these several days to hear what ought to be exempt. They are so con- and the Treasury Department of how compromises or new communications cerned about Social Security that they we could ensure the integrity and the the majority leader wanted to share believe we ought to continue to pile up continuance of our obligations to those with Members of the Senate. Since debts. on Social Security, and it has been met none have been received, I assume none We balanced the budget last in 1969. by silence. were ever intended. Since 1969, we have piled on some $4.8 But most interestingly, last week I have said previously that I believe trillion worth of debt. In fact, just on during his otherwise unfortunate com- the Senator from Utah has a good the debt we have incurred since 1969, ments, we were assured by the major- amendment. I also concluded that good the last year we balanced the budget, ity leader that efforts were now being was not good enough in dealing with an we paid a gross interest payment of taken to reach an accommodation on amendment to the Constitution of the $320 billion last year. And the Demo- Senator FEINSTEIN’s concerns about United States. The Senate can do bet- crats are very concerned. They are con- the development of a capital budget, ter. National security, severe economic cerned that if we do not keep piling up Senator JOHNSON’s concerns about the recessions, and the integrity of Social debt, we may not pay for Social Secu- protection of Social Security, and my Security are real and lasting concerns. rity. But, since 1969, in piling up $4.8 concerns with each, including the abil- My commitment to my constituents trillion worth of debt, we are paying ity of the United States to defend itself is to use my best judgment. My best more interest on that debt than we are militarily and to deal with serious eco- judgment is that there should and can paying for Social Security retirees nomic recessions. Each of us waited be an amendment to the Constitution today. since Mr. LOTT’s comments of last Fri- of the United States to provide for a Our Democratic colleagues are so day for this attempt at reconciliation. balanced budget. But we accomplish concerned, they remind me of someone I was certain, based on Senator LOTT’s nothing, indeed, do a disservice to the who would be advising young parents, comments repeated again in the news United States, if we cannot accommo- who have very small children, who on Sunday, that there was a decision to date the real possibility of dealing with want to be able to afford for them to go seek some accommodation that would military and economic emergencies, to college—who might advise those allow all of us who believe in a bal- and the genuine concern of our con- parents, saying: Don’t get in the habit anced budget amendment to vote af- stituents in dealing with the problems, of balancing your budget because then firmatively today. potentially, of interrupting Social Se- you may not send your children to col- I regret to inform my colleagues that curity checks. lege. I have received no such communica- Therefore, Mr. President, with re- How in the world can anybody with a tion. I know of no other Member of the gret, I rise to inform my colleagues straight face—and I understand poli- Senate who has received such commu- that what I supposed was an effort at tics—but how can anybody with a nication. I assume, therefore, that ei- accommodation was never tried and, straight face stand on the floor of the ther Senator LOTT misspoke or, some- therefore, inevitably failed. U.S. Senate and say we are in a better how, there was something disingenuous I thank the Senator from Vermont position to protect Social Security about his offer. Because my concerns for yielding time. today, paying $320 billion of interest remain. I have voted for a balanced The PRESIDING OFFICER. The time payments per year on the debt piled up budget amendment to the Constitution of the Senator has expired. The Sen- since 1969, than we would have been if last week. I would vote for this, but, ator from Utah. we had never incurred that debt, when like Senator JOHNSON, like Senator Mr. HATCH. Mr. President, I yield the interest payment is bigger than FEINSTEIN, I have real and lasting con- the remainder of my time to the distin- what we are paying into Social Secu- cerns. guished Senator from Texas, who has rity for retirees? Does logic have no I want to know that if there is mili- played a significant role in this and meaning? tary aggression against the United who is one of the brightest people to Finally, there is the argument about, States, we are able to respond with ever sit in Congress with regard to well, this is not perfect. This just is other than a declaration of war. I of- budgetary matters. not quite perfect. Let me say to my fered an amendment to accommodate Mr. LEAHY. Is it my understanding, colleagues—and this is an experience I those security interests. It was de- Mr. President, at that time, then, all have had in working with Senator feated. I remain interested, and I be- time would be expired? HATCH—we have been trying to find lieved I was going to receive from Sen- The PRESIDING OFFICER. The Sen- perfection here. You know, the Found- ator LOTT some communication to ac- ator is correct. The Senator from Ver- ing Fathers didn’t find it. If those who commodate it. mont has 1 second remaining. remember the story of the miracle at I remain concerned that, in a serious Mr. GRAMM. How much time is Philadelphia will remember back, when economic recession or depression, the there remaining? Franklin stood to speak he said that he March 4, 1997 CONGRESSIONAL RECORD — SENATE S1883 didn’t believe what they had done was When does it end? Obviously, in the the fact that a Federal court had ruled perfect, but he doubted that they minds of our Democratic colleagues, that the Department of Energy was re- would do better. not today. We are going to pass a bal- quired to take title to the waste in I have found that every time we try anced budget amendment, but I am January 1998. to find perfection, every time we try to very concerned that we are not going This administration’s attitude to- offer to accept this concern that our to pass it until we have a financial cri- ward nuclear waste storage is im- Democratic colleagues have, they end sis, until we are all brought to our proper, irresponsible, and unaccept- up backing away from it. There is no senses that this debt binge that we are able. The American people deserve bet- one so unconvincible as a person who on, mortgaging the future of our chil- ter. will not be convinced. dren, taxing people yet unborn to pay I looked forward to working with the So, I think it is important that the benefits to people today, has to end. I new Energy Secretary in the post-elec- American people understand some wish it were ending today. It is a pro- tion spirit of bipartisanship. Indeed, basic facts about all we are going to do found disappointment. when Mr. Pen˜ a testified during his con- today, since the balanced budget I yield the floor. firmation hearing on January 30 that amendment to the Constitution is The PRESIDING OFFICER. The Sen- he would work with Congress to find a going to fail by one vote. Two Mem- ator’s time has expired. solution for nuclear waste storage, I bers, who voted for this very amend- Mr. MURKOWSKI addressed the was encouraged. ment in the House and who campaigned Chair. I was hoping to open a real dialog for it, are going to cast votes to kill it The PRESIDING OFFICER. The Sen- with the administration to explore pos- today. What are we getting out of all ator from Alaska. sible compromise. this? Let me tell you what the lesson is Mr. MURKOWSKI. Mr. President, has However, before the committee voted to the Nation. There are 55 Republicans all time expired on the pending issue? on Mr. Pen˜ a, the summit between the in the Senate, and every one of them— The PRESIDING OFFICER. The Sen- President and congressional leaders and I am proud to say every one of ator is correct. Under the previous took place on February 11. Because I them—is going to vote for the balanced order, the Senate is set to go into re- was encouraged by Mr. Pen˜ a’s state- budget amendment to the Constitution cess. ments at his confirmation hearing, I of the United States. Our Democratic Mr. MURKOWSKI. I ask unanimous asked Senator LOTT to raise the nu- colleagues, in their concern for every- consent that I may speak in morning clear waste issue at that meeting. It thing but deficit reduction, have of- business for 5 or 6 minutes. was already an issue which had broad fered amendments to exempt 95 percent Mr. LEAHY. Reserving the right to bipartisan support in Congress. of all domestic spending from the bal- object. I was extremely disappointed when I anced budget. How can you balance the Mr. MURKOWSKI. Not on this sub- received a report of what happened Federal budget when you don’t count ject. when Senator LOTT attempted to raise 95 percent of the domestic items that Mr. LEAHY. Reserving the right to the issue. The Vice President said the Government spends money on? object, and I will not object, if—I want words to the effect: ‘‘That waste is The plain lesson here is this: Despite to accommodate my friend from Alas- going to stay right where it is until we all we say in our campaigns, despite ka—after that, we then recess for the have a permanent place to put it.’’ He the fact that there are so many who party conferences. If he can include went on to say that he thought the want the public to listen to what they meeting was to discuss items on which say at home and not look at what they that in his unanimous consent request, do in Washington, the bottom line is, I have no objection. compromise was possible and nuclear over and over and over again, what our The PRESIDING OFFICER. Is there waste was not such an item. I found that to be a totally irrespon- Democratic colleagues have shown is objection to the request as pro- sible position on the part of the Vice that they are not for a balanced budget pounded? Without objection, it is so or- amendment. How can you vote to ex- dered. President. It also demonstrated a com- empt 95 percent of the budget from the f plete insensitivity to one of our most urgent environmental problems and ig- balanced budget amendment and be for NUCLEAR WASTE it? You can always find an excuse to nored the contractual commitment. Mr. MURKOWSKI. Mr. President, I not balance the Federal budget. You The Vice President had categorically rise to inform the Senate of recent can always be for it in the abstract and ruled out safe, centralized interim stor- events which relate to the nomination age. He said ‘‘leave it where it is.’’ not in reality. ˜ What I want America to get out of of Federico Pena to be Secretary of the I had planned to go ahead with a this 3-week debate that we have had is, Department of Energy. I would like to markup of the reintroduced nuclear there is a clear difference. There is a state up front, the issue is not Mr. waste bill and the Pen˜ a nomination the clear difference. Republicans, I am Pen˜ a’s qualifications, the issue is very next day, February 12, but I can- proud to say, are absolutely united, 55 whether or not Secretary Pen˜ a will celed that business meeting in an at- out of 55, in favor of requiring, con- have the ability to work with Congress tempt to see if the new Secretary stitutionally, a balanced budget. to solve the nuclear waste problem. As would have authority to work with This is not our idea. Thomas Jeffer- you know, I have been working for the Congress on the impending nuclear son had come back from France where past 2 years to find a solution to the waste crisis. he had been Minister to France during Nation’s nuclear waste storage prob- Again the issue was not Mr. Pen˜ a’s the Constitutional Convention, and lem. Currently, civilian nuclear waste credentials, it was a question of would when he first saw the Constitution, he is piling up in 41 States at 80 reactor he have the power and authority as said if he could change one thing, he sites and defense facilities around the Secretary to work with Congress on would limit the ability of Government country. the nuclear waste problem. to borrow money to incur debt. And we We have waited many years for a so- During the following week, I re- are here today, over 200 years later, lution—we cannot wait any longer. quested a meeting with White House trying to fix this problem in the Con- There is a critical need right now to Chief of Staff, Erskine Bowles, to dis- stitution. find a safe central storage facility to cuss this matter. That meeting oc- Some say this is not perfect. Some eliminate the current threat to the en- curred last Tuesday. say, ‘‘Shouldn’t we exempt all these vironment and to the American people I asked Mr. Bowles if there was any programs?’’ What is more important posed by existing storage. way the administration could start a than the future of our children? A baby The administration’s position has dialog to find a responsible solution to born in America today, if this current been that it would not support any nu- our disagreement on the waste issue. trend of spending continues—and it clear waste legislation until Yucca Mr. Bowles said he would look into it will without this amendment—will pay Mountain has been found viable as a and get back to me. The meeting was $187,000 of income tax during their permanent repository. An event which cordial and I had hoped productive. working lifetime just to pay interest was not scheduled to occur until late in Mr. Bowles got back to me last on the public debt. 1998. This position completely ignored Wednesday morning by telephone. It S1884 CONGRESSIONAL RECORD — SENATE March 4, 1997 was a short conversation. I was told hard to explore compromise if one side Mr. MURKOWSKI. Mr. President, that there would be no discussions at won’t talk. based on Mr. Bowles involvement and all on nuclear waste until after Mr. It is also hard if one of the sides the good faith commitment by the ad- Pen˜ a was confirmed. Let me repeat ducks the issue for years, and won’t ministration to treat this as a policy that—no discussions at all on nuclear take a position until it is forced to. and not a political issue, I am announc- waste until after confirmation. The Vice President says no talk and ing the Committee on Energy and Nat- This is the message from an adminis- no interim storage. Period. He says ural Resources will vote on the nomi- tration which has had its head in the ‘‘Leave it where it is’’—in 41 States. nation Thursday at 9:30 a.m. sand on this issue for 4 years. They Other elements of the administration We look forward to resolving our dif- have refused to discuss or take any seem to want to be more cooperative. ferences with the administration and kind of responsible position on this It took a meeting with Mr. Bowles, a moving forward with legislation ad- issue, yet they want me and the rest of lot of other conversations, and a couple dressing the nuclear waste crisis by the the Senate to move forward on the delays in the confirmation vote to get end of this month. nominee which will have responsibility them to focus on this important safety I look forward to working with Mr. over nuclear waste policy. and environmental issue. The national Pen˜ a to stop the irresponsible policy of A nominee, who when Secretary, news attention has also raised visi- piling high-level radioactive waste at would have absolutely no authority to bility. 80 locations in 41 States, near our even discuss areas of compromise. Now, they seem willing to face the homes and schools. It’s no wonder Secretary O’Leary issue. And they are beginning to sort Taxpayers are being exposed to bil- waited until she was free from the ad- out their real position. The current lions of dollars in liability and Amer- ministration to articulate her support policy squabble inside the administra- ican ratepayers are being cheated out for centralized interim storage. A CQ tion suggests it is finally facing up to of the $12 billion they have paid into Monitor story last week reported this pressing issue. the nuclear waste fund. ‘‘O’Leary blamed * * * opposition [to I received a letter from Mr. Bowles. Let’s get on with it. interim storage] on White House offi- It signals that the administration is f willing to engage in constructive dia- cials connected with Vice President AL log; it comes close to finally articulat- RECESS GORE. She said they see the issue more in political than technical terms.’’ ing a policy; and it contradicts the The PRESIDING OFFICER. Pursuant ‘‘You’ll get more clarity from someone Vice President’s non-policy policy of to the unanimous consent agreement, like me outside the system,’’ O’Leary leaving the waste where it is until the the Senate now stands in recess until said. Unfortunately, we cannot wait final repository is built. the hour of 2:15 p.m. I am pleased to receive the letter. Thereupon, at 12:48 p.m., the Senate until the next Secretary leaves office After 2 years, I think we finally may recessed until 2:14 p.m.; whereupon, the before we hear his views on this sub- have a real dialog. The letter says Mr. Senate reassembled when called to ject. Pen˜ a will have the portfolio to talk Safe nuclear waste storage should order by the Presiding Officer (Mr. and work with Congress. OATS). not be a political issue. It is a sci- C I ask unanimous consent that Mr. entific issue and an environmental f Bowles’ letter be printed in the issue—and we need a solution now. BALANCED BUDGET AMENDMENT RECORD. Sadly, the administration has turned a There being no objection, the letter TO THE CONSTITUTION blind eye and a deaf ear. was ordered to be printed in the The Senate continued with the con- In addition to threats to the environ- RECORD, as follows: sideration of the joint resolution. ment and safety, 20 percent of our elec- The PRESIDING OFFICER. There tric generating capacity is at risk—20 CHIEF OF STAFF TO THE PRESIDENT, The White House, February 27, 1997. will now be 1 hour for debate under the percent. Starting in January 1998, Hon. FRANK MURKOWSKI, control of the manager on the Demo- there is a substantial likelihood that Chairman, Senate Committee on Energy and cratic side with the first 20 minutes American taxpayers will either be pay- Natural Resources, US Senate. under the control of the Senator from DEAR SENATOR MURKOWSKI: The Adminis- ing for or be deprived of billions of dol- West Virginia [Mr. BYRD]. lars a year as a result of this adminis- tration is committed to resolving the com- Mr. LEAHY addressed the Chair. tration’s inaction. That’s right, Mr. plex and important issue of nuclear waste The PRESIDING OFFICER. The Sen- President, estimates of the Federal storage in a timely and sensible manner, consistent with sound science and the pro- ator from Vermont. Government’s liability under a recent tection of public health, safety, and the envi- Mr. LEAHY. Mr. President, would the lawsuit brought by the States run be- ronment. The Federal government’s long- Presiding Officer give me what the par- tween $40–$80 billion. standing commitment to permanent, geo- liamentary situation is? Inaction is not an option. Inaction is logic disposal should remain the basic goal The PRESIDING OFFICER. Under irresponsible. of high-level radioactive waste management the previous unanimous consent agree- Mr. President, I have not asked the policy. ment, 1 hour of time is reserved at this administration to change its position The Administration believes that a deci- point under the control of the manager prior to Mr. Pen˜ a’s confirmation. I sion on the siting of an interim storage facil- ity should be based on objective, science- on the Democratic side with 20 minutes would like that, but I’m trying to be based criteria and should be informed by the allocated to the Senator from West reasonable. I have identified areas viability assessment of Yucca Mountain, ex- Virginia. where S. 104 can be modified to allevi- pected in 1998. Therefore, as the President Mr. LEAHY. Mr. President, while we ate concerns. I am working with Demo- has stated, he would veto any legislation are waiting for the Senator from West cratic colleagues on the committee to that would designate an interim storage fa- Virginia to arrive—and my understand- address some of their concerns. I would cility at a specific site before the viability ing is there is not someone on the like to have the same opportunity for determination of a permanent geological re- other side now asking to speak—I will, dialog with the administration. pository at Yucca Mountain has been deter- within the time on this side, continue mined. Contrary to some White House leaks, Following confirmation, Secretary Pena some comments I made earlier this that dialog has not been linked to any has the portfolio in the Administration to morning. specific Alaska issue and it has not work cooperatively with the Committee and I talked about the fact that the been about Mr. Pen˜ a’s qualifications. It others in Congress on nuclear waste disposal amendments were, in almost lockstep has been largely about the administra- issues within the confines of the President’s fashion, knocked down by the pro- tion’s lack of a plan to accept the policy as stated above. Secretary Pena will ponents of the constitutional amend- waste by 1998. Americans have paid $12 also be meeting with representatives of the ment. I was concerned about that be- nuclear industry and other stakeholders to cause even many of the supporters of a billion into the fund. discuss DOE’s response to a recent court de- I look forward to working with a Sec- cision on the Department’s contractual obli- constitutional amendment spoke in retary of Energy who can work with gations regarding nuclear waste. their testimony before the Judiciary me and other Members of Congress on Sincerely, Committee of the basic flaws in this the nuclear waste problem. It is very ERSKINE B. BOWLES. amendment as worded. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1885 When we go to amend the Constitu- amendment, the sponsors and pro- for this to happen. The reason is very tion of the United States, the constitu- ponents of Senate Joint Resolution 1 simple. It is one thing to pass on to the tion of the greatest democracy in his- simply opposed the Dodd amendment States a constitutional amendment, no tory, we have at least an obligation to as creating a loophole in the balanced matter how poorly drafted, and say, our Nation, and certainly to the Con- budget amendment. The proponents did there, I voted for a balanced budget. stitution, the bedrock of our democ- not offer alternative language to ad- You can put that on the bumper stick- racy, to do it in an understanding way, dress the real military and foreign pol- er on your car, you can put it on the not as some kind of a slapdash, bump- icy concerns surrounding Senate Joint tag line in your campaign, and you can er-sticker, sloganeering fashion that Resolution 1. Instead, lockstep voting, use it in focus groups. Of course, it raises more questions than it answers. they defeated the Dodd amendment by doesn’t balance the budget. It doesn’t The amendment before us leaves wide a vote of 64–36. And then they rejected do one thing. It doesn’t change 1 cent open questions of Social Security and those provisions again when they re- of our national debt or the deficit, or 1 how that is going to be handled. It jected the Torricelli amendment. cent of the budget. But it sure makes leaves wide open the questions of a cap- We have probably reached a point, you feel good, and it is a nice political ital budget. Mr. President, where Senators know gimmick. But if you cast the hard Just before we recessed for the cau- how they are going to vote. But I hope votes to actually bring the deficit down cuses, a proponent of the balanced that they will go back and read what is and actually balance the budget, then budget amendment spoke about Thom- in this debate. We have said over and you are going to upset special interests as Jefferson and how Thomas Jefferson over again that if you really want a from the right to the left. I know. I said that he would have liked to have balanced budget, just balance it. Vote have voted for an awful lot of cuts to had a balanced budget amendment. to do it. This morning, I asked the dis- our budget. I voted for programs that Well, now, let us stop to think about tinguished Republican whip, ‘‘Where is brought down the deficit. I voted for this. Thomas Jefferson borrowed an the Republican budget?’’ You know, we programs that cut thousands and tens amount that was equal to twice the have had this debated on the floor of of thousands of Federal employees off budget of the United States for the the Senate, Mr. President, when I have of the rolls. I have voted to cut pro- Louisiana purchase. I mean, this would raised the fact that we are now paying grams in my own State that closed of- be like borrowing trillions of dollars the interest on the huge debt brought fices in my State and in the State of today. up in the last two administrations— the Presiding Officer, and every other Had President Jefferson had a bal- President Reagan’s and President place. anced budget amendment, certainly Bush’s—and the fact that if we weren’t I think I have heard from everybody one like this, he would not have been paying the interest on the debt and whose toes I stepped on in those cuts. able to do that. North Dakota would deficits created just in those two ad- It is a heck of a lot easier to vote for have had the chance to speak Spanish, ministrations, we would actually have the constitutional amendment and say not English. Our European-sponsored a surplus in our budget today, not a everybody is going to agree with you. wars probably would have taken place deficit. It is more difficult to make the actual on our continent. Certainly the United Having said that, the response was, cuts. States would not be a country de- well, now it is not the President who My challenge is this, to all those who scribed as ‘‘from sea to shining sea.’’ proposes that, it is the Congress that say you want a balanced budget. Fine, These are some of the historical, as does that. If you want to go into facts, you have until April 15 to bring one up, opposed to hysterical, facts in this de- President Reagan got 99.99 percent of and then start making the tough cuts. bate. everything he ever asked for. Even Mr. President, I guarantee you, we Senator DODD offered an amendment though he had the veto pen, he only ve- won’t see the tough cuts being made, that pointed out another serious flaw toed one spending bill—only one—as the real efforts to balance the budget. in the language of the proposed con- each year unprecedented deficits went But you are going to hear, once this stitutional amendment. Section 5 of up, as each year his budget showed cockamamy flimflam of a bumper the proposed amendment requires the greater deficits than had ever been sticker constitutional amendment goes United States to be engaged in mili- seen in the history of this country, and down to defeat this afternoon, you are tary conflict before a waiver may be he vetoed one spending bill. Why? Was going to hear everybody saying, ‘‘Oh, obtained. Moreover, the Senate report it because it spent too much money? we lost our chance to have a balanced compounded the problem by indicating No. He vetoed that one bill because it budget.’’ My response to that is: You that only certain kinds of military spent less money than he thought it guys are in charge, go ahead and do it. conflict may qualify. Only military should. The only spending bill Presi- I yield the floor. conflict that involved the actual use of dent Reagan ever vetoed was one that Mr. REID addressed the Chair. military force may serve as the basis spent less than what he wanted. The PRESIDING OFFICER. The Sen- for this waiver. Let us assume that it is not the ator from Nevada. Senator DODD’s amendment exposes President’s prerogative to propose a Mr. LEAHY. Mr. President, I yield 5 the folly of this language. It would cre- budget. Let us assume it is not the minutes to the Senator from Nevada. ate constitutional circumstances mak- President’s plan, and let us assume it Mr. REID. Mr. President, I express ing military spending and preparations is the Congress’. Then I ask, again, my my appreciation to the ranking mem- easier only when military force is actu- friend, the Republican whip, and oth- ber, who has done a stalwart job in ally used and military conflict ensues. ers, where is the budget? ‘‘Where’s the managing this joint resolution in the If you want to arm to deter aggression, beef?’’ On April 15, we are supposed to last week or 10 days. that is suddenly no longer the pre- have a budget. Republicans control the Mr. President, if there were ever an ferred course. If you want to aid allies Senate and the House. They have a ma- example of a ‘‘David versus Goliath,’’ it in a conflict rather than dispatching jority in each House. If, indeed, they is apparent in what happened this last U.S. military forces, that would no really want a balanced budget—not a week. All over America, ads are being longer be as viable an alternative. If balanced budget gimmick, but a bal- run on television, radio, and in news- you wanted to rebuild our military ca- anced budget—then vote one, pass one. papers. Millions of dollars are being pabilities after conflict, you could not There are 55 Republicans in the Senate. spent to talk about the merits of the do it without three-fifths. That is a majority. There is a majority underlying constitutional amendment Has nobody read a history book of Republicans in the House of Rep- for a balanced budget. These ads are about World War II? Does nobody know resentatives. Just bring up the budget full-page ads in some of the most ex- what preparations we had to undertake and pass it. Pass it. Pass the actual pensive publications in the world—the and the possibility that we might go spending bills and tax bills. Wall Street Journal, et cetera. into war? Has nobody read what we did Last year, even with a majority, they The people who need Social Security to help other countries? Instead of ad- didn’t even pass 13 appropriations bills can’t afford these ads. These people are dressing the serious and substantial on time. Mr. President, the public certainly those that represent the concerns raised by Senator DODD’s should not hold their breath waiting ‘‘David versus the Goliaths.’’ Let me S1886 CONGRESSIONAL RECORD — SENATE March 4, 1997 read to you a couple of letters I have Security. We want to exclude Social amendments, of which this is only the received in my office: Security. first. In the last Congress, the Senate DEAR SIR: I would like to join your fight to We have the Congressional Research debated and rejected three proposed stop Congress from turning Social Security Service supporting us. The Center for amendments. This year that number trust funds into a slush fund to offset Gov- Budget Policy supports our position, could well double, or even triple, unless ernment spending. I support a balanced Mr. President. We want to balance the we begin to exercise some discipline budget, but not one to loot the Social Secu- budget, and we have voted for a bal- and restraint. rity that we have paid into, and our fathers, anced budget. It would be very difficult We have only amended the Constitu- mothers, sisters, brothers, aunts, uncles, and and hard to balance it if we excluded cousins have also supported. I want to help tion 17 times since the Bill of Rights. you in your fight to protect America’s trust. Social Security, but it will be the right We have only amended it 17 times since MILDRED JOHNSON. way to do it. the Bill of Rights because those who I ask my friends from the other side This is not a full-page ad in the Wall walked these Halls ahead of us had of the aisle to recognize that unless we enough sense that the Constitution Street Journal, or an ad on network exclude Social Security, we are television or radio stations all over came before their political purposes, dooming the most successful program their polls, their momentary needs. America, but just the sending of a let- in the history of the world to failure. ter. This is the best she could do. It They thought, ‘‘How do we protect this Mr. LEAHY addressed the Chair. Constitution, one of the shortest in the was probably hard for her to pay for The PRESIDING OFFICER. The Sen- world? How do we protect it and keep the stamp on the mail. ator from Vermont. In the State of Nevada we have a So- Mr. LEAHY. Mr. President, as I have it the living, breathing Constitution cial Security recipient who receives previously emphasized, the constitu- that it is?’’ Mr. BYRD. Mr. President, will the $725 a month. These are the people who tional amendment is not like a statute Senator yield? are supporting what we are trying to that we can revisit, fine tune, revise, or And of those 17 times, two of those do. George Fry from Reno, NV: repeal. We have repealed only one con- amendments washed each other out. Thank you for your concern, Senator Reid, stitutional amendment in more than Mr. LEAHY. They did indeed. As I re- for Social Security. I am 74. After working 200 years of our country’s history. The ferred to just before the Senator came my whole life, I really need Social Security. only constitutional amendment we on the floor, one of those amendments I have a difficult time. My income is in the have repealed was that of prohibition. $6,000 range per year. Social Security plus We ought to remember in this debate was, of course, to repeal an earlier SSI are $490.89 month. You are very good that we are being asked to consider an amendment. about helping poor old people. amendment to our Constitution. Before Mr. President, I see my friend from He is good to send his letter with a we propose to alter our fundamental North Dakota and my friend from West 32-cent stamp. charter of freedom—I might say also Virginia on the floor. I will yield the Francis Salden, from Las Vegas: the blueprint for our representative de- floor with this. Please do not let anyone take Social Secu- mocracy—we ought to step back from When we started off in this Congress, rity from us. We work very hard for this and the political passions of the moment. each one of us swore an oath to support sure would be lost if we wouldn’t have this. We are debating a proposed constitu- and defend the Constitution. That is My husband and I work from 7 in the morn- tional amendment, not just a political our duty—all of us—to those who ing until 11:30 at night so we would not be forged this great document. It is our without this . . . Social Security. slogan, a plank of a campaign plat- form, or partisan win or lose. responsibility to those who sacrificed They are not just old people who are The Constitution of the United to protect and defend our Constitution. concerned about Social Security. States is a good document. It is not a It is our commitment to our constitu- Young people are concerned also. sacred text, but it is the best law of ents. It is the legacy to those who will Mr. President, Social Security is an any that has ever been written. That is succeed us just as it is showing our re- important program, one that we have why it has survived as the supreme law sponsibility to those who stood up be- to do everything we can to support and of this country with very few alter- fore us. maintain. It is the most important so- ations over 200 years. It has contrib- Mr. President, we talk about our cial program in the history of the uted to our success as a nation by bind- children. My children will live most of world. It is the most successful social ing us together rather than tearing us their lives in this next century. I want program in the history of the world. If apart. It contains a great compromise them to have a constitution they can Senate Joint Resolution 1 passes, So- that allowed small States and large be proud of, not a constitution that cial Security will be devastated. States to join together in the spirit of fell, injured by momentary political We have heard very little talk about mutual accommodation and respect. It passions. how Social Security wouldn’t be pro- embodies the protections to make real I yield 5 minutes to the distinguished tected. Everyone has said we want to the pronouncements in our historic Senator from North Dakota. protect Social Security. The easiest Declaration of Independence. It gives The PRESIDING OFFICER. The Sen- way to protect Social Security is to se- meaning to our inalienable rights of ator from North Dakota is recognized cure it from the confines of the under- life, liberty, and the pursuit of happi- for 5 minutes. lying amendment, as we tried to do, ness. Mr. CONRAD. Mr. President, I thank and we got 45 votes. All we need is five The Constitution requires due proc- the Senator from Vermont. I especially other people to come and say, ‘‘We sup- ess and guarantees equal protection of thank my colleague from West Vir- port the amendment,’’ and follow the the law. It protects our freedom of ginia for his courtesy. leadership of the courageous Senator thought and protects our freedom to Mr. President, we are going to vote from Arizona, the senior Senator, Sen- worship or not as we each choose, and in just a very few hours on one of the ator MCCAIN, and the senior Senator our political freedoms as well. It is the most critical issues facing this coun- from Pennsylvania, Senator SPECTER, basis of our fundamental rights of pri- try. Mr. President, I believe deeply who said, ‘‘In spite of party affiliation, vacy and for limiting Government’s in- that we must balance the Federal we are going to vote for the amend- trusions—and burdens—into our lives. budget. I believe we must do it because ment because it will protect Social Se- So I oppose what I perceive to be this we are faced with a demographic time curity.’’ growing fascination in this country— bomb that puts this Nation’s future in Mr. President, the polls in America and, unfortunately, the growing fas- jeopardy if we fail to act. Just as deep- support us. When I started this debate cination with so many in Congress—to ly as I feel about balancing the budget, 4 years ago, I was a lone wolf crying in lay waste to our Constitution and the I feel opposition to the balanced budget the wilderness. Now, 75 percent of the protections that have served us well for amendment that is before this body. I American public say we want to bal- over 20 years. The separation of powers call it the so-called balanced budget ance the budget but we want to exclude amendment is the power of the purse amendment, because the most impor- Social Security from doing so. That and should be supported and defended. tant question that we need to ask and will make it hard to do. The easy way The most recent Republican platform answer today is, What budget is being to balance the budget is to use Social endorsed six or seven constitutional balanced by this amendment? March 4, 1997 CONGRESSIONAL RECORD — SENATE S1887 When you pierce the veil, what you is to have unelected Federal judges sit- its underlying faith in the judgment of find is this isn’t a balanced budget ting around the table writing the budg- a majority of reasonable men and amendment at all. It does not balance et for the United States. women into a system that shackles the budget. It loots and raids every For those reasons, I am opposed to that judgment to the whims and poli- trust fund that this Government has in the balanced budget amendment that tics of a minority. And because of its order to claim balance. That is what we will vote on in just a few hours. It unworkable rigidity, the amendment this amendment does. would be a mistake for the country. It would, before long, be deliberately cir- Mr. President, as I have pointed out would not stand the test of time. cumvented, thus laying the ground- before on the floor of this body, if any I thank the Chair and yield the floor. work for the slow undoing of the peo- private company sought to take the re- The PRESIDING OFFICER. The Sen- ple’s reverence for their organic law. tirement funds of their employees and ator from Vermont. This idea, which seems so simple on throw those into the pot to claim they Mr. LEAHY. Mr. President, the dis- its face, has been born of mass frustra- had balanced the budget, they would be tinguished Senator from West Virginia tion and political expediency. Ours is in violation of Federal law. Yet we are is here, and I will yield to him. How an age transfixed by efficiency, and the about to enshrine that principle in the much time do I have remaining? sometimes inefficient, often untidy Constitution of the United States? The The PRESIDING OFFICER. The Sen- machinations of representative democ- greatest document in human history is ator from Vermont, on his time, has 12 racy can seem cumbersome. Ours is an our Constitution. It has made this minutes and 42 seconds, but the Sen- age, too, which deifies certainty—an country the greatest country in human ator from West Virginia, Mr. BYRD, has age which has great faith in our ability history. 20 minutes reserved time under the to quantify everything, to predict all Mr. President, this amendment that unanimous consent agreement. contingencies, to deal with all is before us would take the Social Se- Mr. LEAHY. If that is the conclusion eventualities in advance. In fact, much of the law which we write today seems curity trust fund surpluses—just over of the Chair, it certainly is one I am to reflect an almost compulsive urge to the next 5 years, $465 billion—and raid very much in favor of. So that the Sen- anticipate, regulate, and control every and loot every penny in order to claim ator from West Virginia will have 20 minutes of his own time. human activity. balance. The American people are for It is ironic that many who support this amendment by about 80 percent Mr. BYRD. Mr. President, I thank my friend from Vermont. May I say that if this amendment also rail against the until they find out how it works. When large hand of government control in he has any problem with speakers they find out it only balances by raid- the private sector. What is this amend- whom he may have promised some ing and looting trust funds, then 80 per- ment but a strange hyperextension of time, if I can be of any help with my cent of them are opposed to it. that same urge to try to predict and time, I would like him to let me know Part of our responsibility is to make control every budget eventuality with and I will yield some of it. certain that people know how this so- some sort of legal restriction which Mr. President, when the delegates called balanced budget amendment to will keep us in budget balance in per- gathered in Philadelphia in May of the Constitution works. This is what it petuity? Especially in the case of the 1787, much was riding on their delibera- does. It raids and loots every penny of budget process, our laws have already tions. No one can read the speeches and Social Security trust fund surpluses in become so complicated that few in notes from the Constitutional Conven- order to claim balance. Washington truly understand them. tion and miss the tenseness in the air This chart I think discloses just how Why would we want to compound that fraudulent the proposal we are about to as the men who gathered in May con- complexity by the addition of a con- vote on is. It shows the deficits and templated the sheer magnitude of their stitutional amendment and all of the debt in the year 2002. If this is a bal- task. The situation in the states was rigidity and danger that it poses? The anced budget amendment, then in the critical. These men were charged with answer is simply that the people are year 2002, in which it is fully effected, nothing less than breathing life into frustrated, and this amendment can one would expect the debt would not be the promise of the beautiful prose serve as political cover for a time. So increasing, that it would stop deficit crafted by Thomas Jefferson in the we all decry debt and bemoan deficits spending. Declaration of Independence. They and claim that we need the amendment That is not what it does. On a unified would be held accountable if they for discipline. It is the magic formula. basis, they claim balance. That is by failed. It is the ultimate fix for our budget using every penny of every trust fund What happened in that room in problems. of the Federal Government. But if you Philadelphia was extraordinary. What The distinguished chairman of the look at excluding the Social Security emerged was a near perfect balance of Judiciary Committee has, since the trust funds and Postal Service funds, order and liberty, and a careful equa- start of this debate, kept the budget you will find that in the year 2002 we nimity between individual freedom and documents for the past 28 years upon would have a $103 billion deficit. If you the need for the security of all. George his desk. It is true that we have run look more broadly at all of the funds, Washington described the result as, large deficits during many of those all of the trust funds, you find out that ‘‘little short of a miracle.’’ Indeed, one years. But, let us not forget that the the debt would increase $110 billion in cannot read the Constitution without heavy spending that this nation under- the year it is effected. marveling at the genius of its sparsely took during the cold war certainly con- Mr. President, this is not a balanced worded Articles. I have often felt that tributed to those unbalanced budgets. budget amendment at all. surely the spirit of the Creator himself Yes, we ran deficits, but I was here, Second, there is no provision for a was present in the sultry air during and I can tell you that there was no national economic emergency. We that season in Philadelphia. significant feeling in this chamber that know that right now the right policy is But, the amendment which the Sen- that money was not well spent. This to cut spending and balance the budg- ate has been considering for the last 11 body reflected a strong consensus in et. That was exactly the wrong policy session days would rudely disrupt the the nation as a whole that we needed in the midst of the Great Depression. carefully balanced powers of the three to spend whatever it took to assure our We ought to have provision for a na- branches so assiduously planned by the survival as a nation, and to prevail tional economic emergency. Framers. It would, for the first time in over the Soviet Empire in the cold war. Third and finally, we ought not to our history, write a specific fiscal pol- Starting in 1962 and continuing until have a circumstance that would permit icy into a Constitution intended to ac- 1982, the annual average percentage for unelected judges to write the budget commodate the ages. It would sub- defense spending of the entire discre- for the United States. That would be a jugate every endeavor, every need, tionary spending pie was 60.6 percent. profound mistake. The judges know every aspiration of the people of this From FY 1983 to FY 1992, defense nothing about the defense needs of nation to one goal—the goal of perpet- spending exceeded domestic spending America. They know nothing about the ually maintaining budget balance. It by an annual average of 68 percent for budget considerations for this country. would turn a system which has oper- the whole period. The rationale pro- The last thing we ought to have happen ated well for over 200 years because of vided by then President Reagan was S1888 CONGRESSIONAL RECORD — SENATE March 4, 1997 that we would spend the Russians into and loan crisis. In cooperation with anced powers and accountability to the the ground. Their economy was no President Clinton, over the past sev- public, but left unfettered enough to match for ours and the Evil Empire eral years the deficit has been coming deal with the changes and challenges of would implode. down. We have heard the concern of the the ages. The proponents of this It was a successful strategy. The So- people. Our system is working in ex- amendment claim that we must have viets were unable to match our defense actly the way the Framers intended. this amendment or there will be no dis- investments and beggared their econ- We have had the latitude to meet our cipline to force budget balance. Con- omy to such an extent that it was a challenges. We have all the constitu- sider the paucity of that argument! Re- major contributing factor to the shat- tional power we need right now to bal- member that word, accountability. The tering of the Soviet empire. ance the budget. We need nothing people have all the tools they need to Was that money well spent? Did we more. Adoption of this amendment will discipline us, simply by exercising invest wisely? You bet we did! It was only close down our future options and their rights at the ballot box come one of the best investments ever made invite the ingenuity of circumvention. election day. I believe that we can by the United States over time. Yet, it Let no one be confused. If this amend- meet our responsibilities to bring this could never have been done under this ment were ever to become part of our budget to balance without resorting to amendment. sacred Constitution, all of our collec- this ruinous encumbrance of our Con- We got something invaluable for that tive energies, henceforth, would be de- stitution. But, we must all step up to budgetary debt. We protected our way voted to overcoming each of the obsta- our responsibilities, be accountable to of life and our freedoms against a for- cles it will have erected. A thousand our people, and put aside partisanship eign menace. And not only did we pro- flowers would bloom—all of them sow- if we are to succeed. If we do that, then ing the poisonous seeds of disrespect tect our way of life, we performed a this amendment will at last be rel- for our law and further mistrust of service for millions of people around egated to the ash heap of bad ideas Government. the globe by breaking the backs of the where it most assuredly belongs. Soviets. Those annual budgets were Balancing the budget is, indeed, a very difficult task. It is difficult be- I have fought this fight a half dozen based on an assessment of the best in- times in the Senate since 1986. Frank- terests of our national needs at the cause it means inflicting pain. It means making decisions that are not ly, I am weary. There is so much at time by a majority in the Congress stake. But, each time that I fight this working with the Executive. And that popular, and it means hurting some people because of cuts to programs amendment anew, I thank God that is exactly as the Framers envisioned. there are those members who are will- Throughout this debate, I have heard that matter in their lives. But we were sent here to use our judgment and to ing to risk political popularity for the debt and deficits portrayed as ‘‘im- dictates of their own consciences. moral’’. What folly that is! While most make the hard decisions. All that we have to do now is don the ‘‘velvet cloak And they have no one to answer to would say that gambling debts are bad, but their constituents. When they take or immoral, would anyone claim that of responsibility.’’ We need to begin by telling the people the truth about what the oath of office to be United States borrowing to send a child to college or it will take to achieve yearly budget Senator, they do not surrender their to provide a home for one’s family is an balance. If this is to be our goal, taxes independence. They do not surrender evil or immoral thing? Indeed it can be will have to be raised and popular pro- their independence. They do not sur- immoral not to borrow. And by deny- grams will have to be cut, because render their consciences to anybody in ing future leaders the budgetary free- there is no other way. this Chamber or in this Government. dom to borrow for investments for fu- Already, our lack of courage and can- And they are accountable only to the ture generations, are we not depriving dor has resulted in mistrust by our people of their States. those future citizens of the birthright constituents. But, surely the answer to They have not taken the easiest of realizing their full potential? By our political dilemma is not to make course. They have chosen, rather, to go subjugating every other objective and our Constitution a scapegoat. Let us against the prevailing political winds every national endeavor, everything, not make this Constitution a scape- in order to do the right thing. There from protecting an ally, to building up goat. Let us never go down the ridicu- can be no other motivation for such to fight a war, to conquering an epi- lous road of saying to the people, ‘‘it’s courage, but a deep and abiding love demic, to feeding the starving, to in- not my fault, the Constitution made for this magnificent country of ours. vesting in public infrastructure, to me do it.’’ That is the ultimate cop- The 5th century Athenian statesman, educating our children, to challenging out. The easiest thing in the world for Pericles, delivered a funeral oration to foreign competition in the inter- politicians and for bureaucrats to do is commemorate the soldiers who gave national playing field, to protecting to hide behind the regulations or, in their lives at the battle of Salamis. our economy in the event of a reces- this case, behind a constitutional Upon that occasion he said, ‘‘It was for sion, everything will be held hostage to amendment. One of the few things that such a country, then, that these men, the all supreme god, the golden calf, of continues to unite us and to command nobly resolving not to have it taken balancing the budget each and every our collective reverence is our Con- from them, fell fighting and every one year. Is that what the American people stitution. I would hope that we would of their survivors may well be willing want? always be unwilling to risk that pre- to suffer in its behalf.’’ I thank God for Has anyone been noticing the recent cious commodity, just so politicians a continuing supply of these noble men economic surge of China? Its growth can more conveniently duck the ac- and women in our own time, ‘‘willing rate is now around 10 percent a year. countability for difficult decisions. to suffer’’ on behalf of our country and Its economy now ranks third in the Public policy is often controversial, its Constitution. Because of their cour- world. And China has increased its but it can only be crafted by human age, the ‘‘miracle at Philadelphia’’ military budget by 50 percent in real judgment. No process—no amendment may be preserved for yet a while terms between 1988 and 1993. Surely to the Constitution, no law that can longer. China is fast becoming an economic ever be devised can ever substitute for Mr. President, I yield the floor. power to be reckoned with. Are my col- it. The dream of a somehow automatic Mr. LEAHY. Mr. President, what is leagues completely sure that, even in government, completely objective and the time situation? the military arena, future challenges insulated from the perils of flawed The PRESIDING OFFICER (Mr. will not arise that may require us to human judgement, may be in vogue KEMPTHORNE). The Senator from Ver- again mount a long, steady buildup of today because it fits neatly with our mont has 12 minutes, 40 seconds re- fresh dollars for defense? We need the traditional fear of government, espe- maining. tools to react. We cannot anticipate cially big government. But, automatic, Mr. BYRD. Mr. President, do I have every future contingency. mechanistic, formula approaches to any time remaining? Yes, it is true that presently, our governing are really the antithesis of The PRESIDING OFFICER. The Sen- debt is too high. In part, we are still what the Framers had in mind. ator from West Virginia has yielded grappling with the residue of debt from Theirs was a vision of well-motivated back 11⁄2 minutes. the cold war buildup and the savings men, kept in check by carefully bal- Mr. BYRD. I thank the Chair. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1889 Mr. LEAHY. Mr. President, the Sen- some difficulty on a very close vote. Do was, what that did to allow this coun- ator from West Virginia has stood stal- what you think is right, and if later try to hold together—an advantage, ob- wartly like the giant rock maple trees you determine maybe you made a mis- viously, to my own State of Vermont. of Vermont, those trees, which have take, the issue will come up again.’’ It But under this constitutional amend- such great strength but are also the usually does. ment, on matters of spending, on mat- source of Vermont’s sweetest product, So if I go back to the thousands of ters of crises, on matters of natural maple syrup. I say this because we votes, I could find one of those 51 to 49 disasters, we would no longer have that know of the kindness and gentleness votes, but this is not one of those 51 to parity. We would be left at the whim of toward his colleagues of the distin- 49 votes. On this vote, I have no ques- the minority, not of the majority. guished Senator from West Virginia, tion in my mind what is the right vote. So, Mr. President, on this vote, I am but we know that like the rock maple It is not the popular vote, but it is the sure in my heart and soul I am voting trees of Vermont, he does not bend to right vote, and that is the vote I will the right way, the right way for the the attacks on the Constitution. cast against this amendment, because State of Vermont. But I must say to Mr. BYRD. Mr. President, will the we have amended the Constitution only my fellow Vermonters, even more im- Senator yield? 17 times since the Bill of Rights, and portant, it is the right way for our Mr. LEAHY. Of course. two of those amendments crossed each country and our Constitution. Mr. BYRD. I thank my friend from other out: One was for prohibition; one I was raised in a household brought Vermont whose heart is as stout as the was to end prohibition. All the other to revere the Constitution. I have Irish oak and as pure as the Lakes of amendments have stayed there, be- taken an oath to support it in each of Killarney. cause the men and women who came my terms in the U.S. Senate, in each of Mr. LEAHY. I didn’t think in 22 years before us carefully considered what was my terms as a prosecuting attorney. I I would be at a loss for words on the best for the country, what was best for remember each and every time I took floor of the Senate, but that came as our Constitution, and even though dur- that oath because I stopped and close, let me tell you. ing this time the temptation, the siren thought of what I was swearing alle- Mr. President, we will come very song of constitutional amendments has giance to. It is what sets us apart from soon to a vote. The distinguished Sen- been heard through the Halls of the all other countries on Earth. It is why ator from West Virginia does deserve House and the Senate hundreds and we have a Constitution that every one enormous credit for standing up each hundreds of times, the siren song has of us should stop and read and reread time for the Constitution. Really, that been heard by those campaigning, by periodically. It is why, if we have a is what I am urging Senators to do. those elected and by those defeated, matter where we want to bring down There is no question in my mind that if but the siren song was resisted. We are the deficits, then do it the honest, old- we took a public opinion poll, the popu- a better country for it. fashioned way, vote to bring it down, lar thing, the easy thing would be to This is not a time to try to manipu- vote the hard choices, vote against the vote for this constitutional amend- late the Constitution of the United special interest groups on the right or ment, and we can say, then, as soon as States of America. This is not a time left, vote for what is best for the coun- the States ratify it, it is somebody to put into the Constitution an amend- try, but do not pass the responsibility else’s problem. ment so flawed, an amendment that off to our Constitution, to future gen- If we don’t stand up and do the things leaves more questions unanswered than erations, to the courts to do what we we need to do to protect the Constitu- questions answered, an amendment are elected to do, what we are paid to tion, if we don’t stand up and do the that may look good on a bumper stick- do, and, more important, what we are things we need to do to bring down the er but stinks like a dead mackerel on sworn to do for this country. deficit, if we don’t stand up and cast the shores of the Constitution. This is This is something that should unite the tough and unpopular votes, well, not an amendment this Senate should Democrats and Republicans. When this then, somebody can go to court and let send to the States. debate is over and after this vote has the courts straighten it out. Rather, what we should do, Repub- gone by, I hope that before we go to Mr. President, when I first an- licans and Democrats alike, is join to- more bumper-sticker kinds of debates, nounced for the U.S. Senate in this gether and pass real budgets, pass that we go to the issues where we can week—this very week—in 1974, I was a those budgets that allow the United join. Certainly the financial status of 33-year-old prosecutor in the only States to continue to have the world’s this country is one. State in the Union that had never strongest economy, an economy that is Mr. President, earlier today, I was elected a member of my party. I told the envy of every other country, and an summarizing the debate that the Sen- the people of Vermont, ‘‘You may not economy, incidentally, which has a ate has had on this proposed 28th always agree with me on every single smaller deficit as part of its gross do- amendment to the Constitution of the thing I will do, but I will make you one mestic product than any of the rest of United States. I would like to continue pledge: I will hold your interests and the industrialized world, an economy that discussion to complete the the interests of the country foremost. I which is unmatched in recorded his- RECORD on this historic debate. will follow my best judgment. I will tory, and realize that there are things REID, FEINSTEIN AND DORGAN AMENDMENTS follow my conscience. I will not allow that we should spend for. Senator REID offered a perfecting myself to be swayed by passing polls Thomas Jefferson borrowed an amendment to exclude the Social Secu- and fancies, and I will always try to do amount, I think, equal to about twice rity trust fund from Senate Joint Reso- right.’’ what the whole budget of the United lution 1. Senators FEINSTEIN and DOR- I have cast more votes in the U.S. States was to make the Louisiana pur- GAN also offered substitute constitu- Senate than any Senator in Vermont’s chase. Is there anybody here who would tional amendments that would have ex- history. I have cast more votes in the like to see what this country would be cluded the Social Security trust fund U.S. Senate, by far, than any Senator like had we not made that Louisiana from the balanced budget mandates. in Vermont’s history. If I went back purchase, had we not had that west- The Reid, Feinstein and Dorgan through those thousands of votes, I bet ward expansion? If we had not been amendments all focused on removing I could find a vote or two or three or able to go out to our Western States, any threat to Social Security by this four that might come as close. Some why, there are some Senators even cur- proposed constitutional amendment. come to mind, because some of these rently in this Chamber today who The Social Security Program is votes were votes, if I could have cast it might not have States to represent had America’s contract with its senior citi- on a balance, I would have cast 51 per- we not had the Louisiana purchase. zens. Were the underlying resolution to cent one way, 49 percent the other, I ask Senators to think back to when become the basis for a constitu- they were that close. the Constitution was put together. tionally-mandated budget balancing I remember the wise advice of the Small States and large States were act, Social Security would be rendered majority leader when I first came here, given an equal voice in this body so just another Government program and Senator Mansfield of Montana, who that they could maintain their iden- have its place on the chopping block said, ‘‘Don’t worry if maybe you have tity. What a great compromise that with everything else. S1890 CONGRESSIONAL RECORD — SENATE March 4, 1997 Since 1983, Congress has acted to pro- would stop issuing checks, including those cuts in Social Security benefits than were tect Social Security from overall budg- for Social Security benefits. Alternatively, needed to make Social Security solvent and et cuts. The Social Security Amend- judges might become deeply involved in de- a much larger increase in payroll taxes than ments of 1983 required Social Security termining whether Social Security or Medi- would otherwise be required. There would be care checks would be stopped. only one other alternative—to finance Social to be placed off budget within 10 years. Security deficits in those years not by draw- That protective legislation passed the This would be a disaster for senior citizens on fixed incomes who live on ing down the Social Security surplus but by Senate 58 to 14 with a strong bipartisan raising other taxes substantially or slashing Social Security and Medicare from majority. In fact, Congress accelerated the rest of government severely. As a result, this process. Rather than wait 10 years, check to check. When they miss a the government might fail to provide ade- the Balanced Budget and Emergency check, they will not have the funds to quately for other basic services, potentially Deficit Control Act of 1985, commonly pay the rent or meet the mortgage, buy including the national defense. known as Gramm-Rudman-Hollings, groceries, pay their utility bills, heat Congress can balance the budget placed Social Security off budget be- their homes, pay for medical care or while protecting Social Security, but ginning in 1986. This means that the needed pharmaceutical drugs, or meet the sponsors of the underlying resolu- congressional budget resolution in 1985 other expenses. tion tabled the Reid, Feinstein and That is the dilemma that the Social was the last time that Social Security Dorgan amendments. I do want to ac- Security system would face if Social was included in the Federal budgets knowledge Senator MCCAIN and Sen- Security is not protected under this that Congress approves each year. ator SPECTER for voting their con- proposed constitutional amendment. In Gramm-Rudman-Hollings permitted science on the Reid and Dorgan amend- his recent letter to Senator DASCHLE, across-the-board spending cuts—se- ments to protect Social Security. I re- the President stated: questration—when budgetary goals are spect their decisions to buck their par- not achieved. By its actions placing So- I am very concerned that Senate Joint ty’s no-amendments strategy on this Resolution 1, the constitutional amendment cial Security off budget, Congress ex- point. Their votes not to table these to balance the budget, could pose grave risks amendments were, I believe, the only plicitly and intentionally exempted So- to the Social Security System. In the event cial Security from the sequestration of an impasse in which the budget require- times Republicans voted to do any- process. Gramm-Rudman-Hollings— ments can neither be waived nor met, dis- thing other than march lock-step with with its protections for Social Secu- bursements or unelected judges could reduce their leadership in support of the origi- rity—passed the Senate 61 to 31 with a benefits to comply with this constitutional nal language of Senate Joint Resolu- strong bipartisan majority. mandate. No subsequent implementing legis- tion 1. The Budget Enforcement Act of 1990 lation could protect Social Security with TORRICELLI AND FEINSTEIN AMENDMENTS certainty because a constitutional amend- Before he announced his determina- reinforced earlier protections by plac- ment overrides statutory law. ing Social Security even more clearly tion how he would vote on the underly- The 1983 bipartisan Social Security off budget. This bill, too, passed the ing resolution Senator TORRICELLI of- Commission headed by Alan Greenspan Senate 54 to 45 with the bipartisan sup- fered an amendment that highlighted recommended converting the Social port of 35 Democrats and 19 Repub- another serious flaw in Senate Joint Security system from a pure pay-as- licans. Resolution 1. The underling resolution you-go program to one that builds up The proposed constitutional amend- prohibits capital budgeting. surpluses to pay for the future retire- ment turns its back on these many As Senator TORRICELLI so forcefully ment of the baby boom generation. The years of bipartisan progress in protect- pointed out during the Judiciary Com- Greenspan Commission recommended ing Social Security from the ebb and mittee deliberations on Senate Joint taking Social Security off budget in flow of efforts to eliminate the deficit. Resolution 1, we as a nation are suffer- order to meet this goal without sub- I believe that our senior citizens de- ing from a capital investment crisis. In jecting the program to the vicissitudes serve better. 1965, more than 6 percent of our Fed- of Federal budgeting for other pro- When the Government overestimates eral expenditures were invested in in- grams. Congress concurred with the revenues for an upcoming year, or frastructure such as roads, bridges, Greenspan Commission’s recommenda- underestimates expenses, or something ports, and mass transit systems. By tions in passing the Social Security changes in the course of the year to in- 1992, that share of capital investment Amendments of 1983. fluence either, the budget goes out of had fallen by more than half to about Just as families save for their retire- 3 percent of our Federal budget and balance and, under Senate Joint Reso- ments, the Social Security Program lution 1, the Government is out of this year it will approach barely 2 per- currently is building up surpluses while cent. money. The amendment’s mandates baby boomers are still working in order would make continued expenditures At the same time as our infrastruc- to be able to afford their retirements in ture funding has been shrinking, our into constitutional violations of law. If the next century. This proposed con- this proposed constitutional amend- Nation’s needs have continued to grow. stitutional amendment would encour- The result is that we are becoming a ment were enshrined in the Constitu- age, even necessitate, Congress, the tion, it could force the Federal Govern- nation in disrepair. For instance, more President, and the courts using Social than a quarter of a million miles of ment to stop making payments for any Security as a way to comply with the number of obligations, possibly includ- roads need repair and more than 25 per- amendment. When the trust fund be- cent of our bridges have exceeded their ing payment of Social Security checks, gins to shrink after the year 2020, this until the budget imbalance could be lifespan. proposed constitutional amendment This failure to maintain adequate in- corrected. would add pressure on the Government Treasury Secretary Rubin warned frastructure is hurting our competi- to cut Social Security rather than risk tiveness in the global economy. We are the Judiciary Committee of this great constitutional violation. Instead, we risk, when he testified: competing against other countries with ought to be working on ways to honor the foresight to repair their roads and [T]he amendment poses immense enforce- our commitments and ensure the long- bridges, modernize their transit sys- ment problems that might well lead to the term solvency of Social Security. involvement of the courts in budget deci- tems, maintain their ports, build new sions, unprecedented impoundment powers A recent analysis from the Center for schools, and make the investments in for the President or the temporary cessation Budget and Policy Priorities is telling. telecommunications infrastructure of all federal payments. Any of these options It says: that are the keys to success in today’s could disrupt Social Security and Medicare The Leadership version [of S.J. Res. 1] global competition. The United States payments. would be virtually certain to precipitate a is dead last among the G–7 nations in Further, if the President and Con- massive crisis in Social Security about 20 public infrastructure investment as a gress reached a budget impasse under years from now, even if legislation has been passed in the meantime putting Social Secu- percentage of gross domestic product. the proposed constitutional amend- rity in long-term actuarial balance. To help We must reverse this trend and make ment, Secretary Rubin cautioned: pay the benefits of the baby boom genera- the long-term investments needed to Some proponents have suggested that tion, the nation would face an excruciating support a strong economy. We must be under these circumstances, the President choice at that time between much deeper able to invest in education if we are to March 4, 1997 CONGRESSIONAL RECORD — SENATE S1891 give our children their best chance to all of college education out of the current stitution cannot be made to say and re- compete and win in the coming cen- year’s income, all of the entire cost of a quire one fiscal policy one week and tury. home, not the down payment, the whole the opposite the next. That is not the Sections 1 and 7 of the underlying thing, out of the current year’s income. No- stuff of the Constitution. These are body operates that way. resolution prohibit capital budgeting. matters of public interest that can be All expenditures, whether the equiva- The actions of Thomas Jefferson as addressed by policy and statutes that lent of operating expenses or capital President, as opposed to his oft-quoted serve the times and the needs of the investments, are tallied the same for ruminations about the evils of public American people. purposes of this proposed constitu- debt, are also instructive but ignored BOXER AMENDMENT tional amendment. The sponsors and by the majority. In 1804, President Jef- Senator BOXER offered an amend- proponents of this measure refuse to ferson had the United States borrow $15 ment to Senate Joint Resolution 1 that permit any exception and future Con- million, in 1804 dollars, by selling again pointed out a serious and sub- gresses will be forever barred from bonds to finance the Louisiana Pur- stantial flaw with this proposed con- solving our infrastructure crisis by cre- chase. That amount approximates stitutional amendment. The Boxer ating a capital budget for long-term in- more than $225 billion in 1993 dollars amendment would have permitted Con- vestments. and exceeds every Federal budget defi- gress to response to emergencies and Senate committee hearings in 1995 cit except for the final 2 years of the natural disasters by a majority vote. established an extensive record in sup- Bush administration. The proposed constitutional amend- port of maintaining a separate capital Was President Jefferson wrong to in- ment can no more prevent a recession budget. Herbert Stein, of the American vest in the Louisiana Territory that than it can an earthquake, but it will Enterprise Institute and former eco- provided this country with 15 States? restrict our ability to deal with the ef- nomic adviser to President Nixon; Ed- Of course not. But had the provisions fects of both. A natural disaster, such ward V. Regan, of the Jerome Levy Ec- of Senate Joint Resolution 1 been in- as a large-scale flood, earthquake, or fire, could require the Federal Govern- onomics Institute and former New cluded in the Constitution, our Na- ment to expend large sums to assist York State controller; and Dr. Fred tion’s westward expansion might well the victims and begin to rebuild the Bergsten, on behalf of the bipartisan have ended at the Mississippi River. Under the underlying resolution, the ravaged area. We need only look to the Competitiveness Policy Council and failure to permit a capital budget devastation suffered in Arkansas and former Assistant Secretary of the would have severe consequences by dis- Mississippi over the last few days to be Treasury during the Carter administra- couraging long-term investment and reminded of nature’s power. tion; differed on the wisdom of enact- ignoring our infrastructure crisis. Just The proposed constitutional amend- ing a constitutional amendment on the as a budget deficit unfairly harms fu- ment would make these kinds of sud- budget but all agreed on one thing: If ture generations so, too, does the fail- den emergency expenditures impossible such an amendment were to be consid- ure to differentiate capital invest- because they would cause an unauthor- ered it should separate capital invest- ments from operating and consumption ized increase in the deficit. Humani- ments for any annual balance require- expenditures. The inevitable result will tarian efforts could and would be held ment. be less investment in our country’s fu- hostage while the requisite super- Nonetheless, when the majority had ture, pressure to operate through inef- majorities were rounded up in each the opportunity to consider amend- ficient leasing practices and gim- House of Congress. A minority in ei- ments that would have allowed for a mickry. ther House could block such efforts al- separate budget for capital invest- The majority ignores the fact that 42 together or extort other paybacks. ments, it rejected them. This was a States, most cities, and businesses ex- In recent years, the Federal Govern- principal thrust of the Torricelli sub- clude from their balanced budget re- ment has been called on to give critical stitute and an important aspect of the quirements capital, enterprise, or trust aid to supplement State and local ef- Feinstein substitute. They were flatly funds that are financed primarily by forts to protect the public health and rejected by the majority and their no borrowing rather than by current reve- safety in response to major disasters amendments approach to consideration nue. Moreover, most States with bal- and emergencies. Much of this aid has of the underlying resolution. Both of anced budget requirements use capital been paid for by supplemental appro- these amendments were tabled with all funds that finance major capitol priations because of the unexpected na- Republican members who voted, voting projects by issuing long-term debt. ture of major disasters and emer- against capital budgeting. The Nation’s leading economists gencies. This inflexibility is one of the prin- agree that a capital budget is an essen- From fiscal years 1989 to 1996 Con- cipal objections of the more than 1,000 tial part of the State experience with gress had to appropriate supplemental economists who oppose Senate Joint balanced budget requirements and that major disaster and emergency relief in Resolution 1. It is also one of the rea- the omission of a capital budget in this every year but one. For example, in 1992, Congress passed an emergency sons President Clinton opposes this proposed constitutional amendment is supplemental appropriation over $4 bil- constitutional amendment on budget- a major flaw. These economists note: ing. As the President so clearly stated: lion to help victims of the Los Angeles Unlike many state constitutions, which riots, the Chicago floods, and Hurri- We must give future generations the free- permit borrowing to finance capital expendi- dom to formulate the federal budget in ways tures, the proposed federal amendment cane Andrew. In 1993, Congress passed they deem most appropriate. For example, makes no distinction between capital invest- an emergency supplemental appropria- some believe that the federal government ments and current outlays. . . . The amend- tion of $2 billion to help victims of the should do what many state governments do: ment would prevent federal borrowing to fi- Midwest floods. In 1994, Congress adopt a balanced operating budget and a sep- nance expenditures for infrastructure, edu- passed an emergency supplemental ap- arate capital budget. Under this constitu- cation, research and development, environ- propriation of more than $4 billion to tional balanced budget proposal, the govern- mental protection, and other investments ment would be precluded from doing so. help victims of the Los Angeles earth- vital to the nation’s future well-being. quake. During the Judiciary Committee’s Having defeated all attempts to allow Relief for major disasters and emer- January 17 hearing, Robert Greenstein for capital budgeting within the under- gencies must be flexible. Usually, a of the Center on Budget and Policy Pri- lying resolution over the last several swift response from the Federal Gov- orities explained: weeks, the weekend papers are again ernment is needed to aid local relief ef- What families do when they balance their hinting that the Republican leadership forts. Disaster and emergency relief by budget is families say that all of their in- is rethinking its strategy and may be constitutional mandate is a prescrip- come, including money they borrow, equals willing to reconsider whether capital tion for gridlock, not swift action. all the cash they pay out. Families borrow budgeting can be incorporated into the money when they purchase a house through When your State is hit by a major dis- a mortgage, when they buy a car, and espe- underlying resolution. These vacilla- aster or emergency, do you want criti- cially when they send a child to college. If tions by the majority illustrate why cal Federal assistance to hang on the families had to operate on the basis that this this matter is not appropriate for a whims of 41 Senators or 175 Represent- amendment does, they would have to pay for constitutional amendment. The Con- atives? S1892 CONGRESSIONAL RECORD — SENATE March 4, 1997 Our Founders rejected requirements accumulated surplus for necessary ex- proposed amendment would dramati- of supermajorities. We should look to penditures during any fiscal year. cally alter the allocation of powers set their sound reasons for rejecting super- Section 6 of the underlying resolu- forth in article I, sections 7, 8, and 9. majority requirements before we im- tion states: ‘‘The Congress shall en- It risks casting the Federal and State pose on our most vulnerable and need- force and implement this article by ap- courts in the role of Federal budget iest citizens a three-fifths supermajor- propriate legislation, which may rely czars deciding in myriad cases whether ity requirement to provide them Fed- on estimates of outlays and receipts.’’ the Federal budget is impermissibly eral relief from major disasters and [Emphasis added]. out of balance, and where it is, forbid- emergencies. What happens when these estimates ding spending and ordering what rem- Alexander Hamilton painted an of outlays and receipts fail to come edies it deems appropriate for the con- alarming picture in ‘‘Federalist Paper true during the fiscal year? As is stitutional violations occasioned by No. 22’’ of the consequences of the poi- ususally the case each year, Congress circumstances in which outlays exceed- son of supermajority requirements. is wrong on its economic forecasts. For ing revenues in any year without Hamilton said that supermajority re- example, in June 1995 the Congress supermajority approval of the Con- quirements serve ‘‘to destroy the en- adopted a budget resolution that an- gress. ergy of the government, and to sub- ticipated a deficit of $170 billion in the Although the proponents of the pro- stitute the pleasure, caprice, or arti- 1996 fiscal year. In August 1995, the posed constitutional amendment have fices of an insignificant, turbulent, or Congressional Budget Office antici- left it silent with regard to the role of corrupt junto to the regular delibera- pated a deficit of $189 billion for the the courts in its interpretation, imple- tions and decisions of a respectable 1996 fiscal year. But the deficit for the mentation, and enforcement, that si- majority.’’ 1996 fiscal year was actually $107 bil- lence is deafening. These supermajority requirements lion. Section 1 of the amendment contains are a recipe for increased gridlock, not To respond to the usual budget fore- a flat prohibition on total outlays ex- more efficient action. As Hamilton cast corrections, several of the major- ceeding total receipts in any fiscal noted long ago: ‘‘Hence, tedious delays; ity’s witinesses during Judiciary Com- year, except as expressly authorized by continual negotiation and intrigue; mittee hearings recommended that a supermajority in each House of Con- contemptible compromises of the pub- Senate Joint Resolution 1 be amended gress. Having embedded this mandate lic good.’’ Such supermajority require- to allow the Federal Government to es- in the Constitution, this proposed con- ments reflect a basic distrust not just tablish a rainy day fund or stabiliza- stitutional amendment invites the of Congress, but of the electorate itself. tion fund. This fund would adjust to courts to become actively involved in I reject that notion. budget shortfalls or overruns during determining when this constitutional I fear that a supermajority require- the fiscal year. command is being violated and how ment will lead to some in Congress For example, James C. Miller III, such violations are to be remedied. playing politics with critical relief former Director of the Office of Man- In the memorable words of Chief Jus- from disasters and emergencies. Even agement and Budget during the Reagan tice Marshall: ‘‘It is, emphatically, the with today’s simple majority require- administration, testified: province and duty of the judicial de- ment for supplemental appropriations I would urge you to consider incorporating partment, to say what the law is.’’ for disaster and emergency relief, we a ‘‘rainy day fund.’’ Thus, if one year reve- Marbury v. Madison, 5 U.S., 1 Cranch, see the potential for partisan politics. nues fell short (or outlays ran over), you 137, 176 (1803). Since that historic deci- In the last Congress a multibillion- could dip into this fund without violating sion, the Supreme Court has had the dollar disaster aid package for Califor- the balanced budget requirement. preeminent role in articulating the nia was caught in the budget wars be- If the experience in the States is in- scope and meaning of our Constitution. tween President Clinton and House Re- structive, then a rainy day fund is a The majority report concedes the fun- publicans. The House Republican lead- necessity for any balanced budget re- damental obligation of the courts to ership delayed action on a request from quirement. According to the American say what the law is. the President for supplemental appro- Legislative Exchange Council, 45 If the proposed constitutional amend- priations for emergency relief for vic- States have budget stabilization funds ment on budgeting were ratified, the tims of the California floods and Los or rainy day funds to respond to unan- fulfillment of this role by the Supreme Angeles earthquake. Fortunately, pub- ticipated shortfalls in revenue or over- Court, and other courts, could require lic outcry forced the House Repub- runs in outlays. them to address complex budgetary is- licans to relent. That political games- The majority, however, ignores the sues that courts are ill-suited to re- manship happened with only a simple advice of its own witnesses and the ex- solve. As de Tocqueville wrote more majority requirement for supplemental perience in the States, and prohibits than 148 years ago: ‘‘Scarcely any po- appropriations for disaster and emer- the use of a rainy day fund under this litical question arises in the United gency relief. Think what would happen proposed constitutional amendment. States that is not resolved, sooner or if Congress had to clear a supermajor- Instead of adopting the Feingold later, into a judicial question.’’ If the ity hurdle to pass disaster and emer- amendment, the majority simply proposed constitutional amendment gency relief. marched forward lock-step in their no- were ratified, several of its provisions Again, instead of addressing the seri- amendments strategy and tabled the would give rise to cases and controver- ous and substantial concerns raised by Feingold amendment by a vote of 60 to sies that the courts would be called the Boxer amendment, the sponsors 40. upon to resolve. and proponents of Senate Joint Resolu- KENNEDY AMENDMENT Supporters of the proposed constitu- tion 1 simply opposed its consideration Finally, Senator KENNEDY offered an tional amendment, in fact, desire judi- as creating a loophole in the underly- amendment to Senate Joint Resolution cial involvement and enforcement of ing resolution. They did not offer alter- 1 that revealed perhaps its most seri- its terms. The representative from the native language to address the emer- ous flaw. The Kennedy amendment was U.S. Chamber of Commerce testified gency and natural disaster concerns a sincere effort to confront the matters before the Judiciary Committee: surrounding Senate Joint Resolution 1. of enforcement of the underlying reso- [T]here is a legitimate and necessary role Instead, with lock-step voting, they ta- lution, which would have limited the for the courts in ensuring compliance with bled the Boxer amendment by a vote of enforcement of the proposed constitu- the amendment. Congress could potentially 60 to 40. tional amendment to Congress. circumvent balanced budget amendment re- FEINGOLD AMENDMENT As James Madison wrote in The Fed- quirements through unrealistic revenue esti- Senator FEINGOLD offered several eralist No. 48, ‘‘the legislative depart- mates, emergency designations, off-budget amendments to Senate Joint Resolu- ment alone has access to the pockets of accounts, unfunded mandates, and other gimmickry. It is our view that the need to tion 1, including one that would have the people.’’ Our Constitution now proscribe judicial policy making can be rec- permitted the use of a ‘‘rainy day’’ gives Congress the primary authority, onciled with a constructive role for the fund. Simply put, the Feingold amend- and responsibility, with regard to the courts in maintaining the integrity of the ment would have allowed the use of an raising and expenditure of outlays. The balanced budget requirement. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1893 In response to questions, the rep- uals and Members of Congress is pos- vard law professor, Charles Fried. Both resentative of the National Taxpayers sible under this amendment: men have observed that judicial self-re- Union, another advocate for the pro- So, the answer to your question is that I straint, based on doctrines of standing posed constitutional amendment on think that the standing of individuals and and political questions, did not over- budgeting in spite of its potential to members of Congress is very limited. I do come the possibilities of significant lead to tax increases in order to concede—that there is a category of cases as litigation over interpretation, imple- achieve balance, observed: to which I would not deny jurisdiction to the mentation, and enforcement of the pro- courts to make certain that the Constitution We oppose denying judicial review author- posed constitutional amendment on was being enforced. ity, and believe that it would be more dif- budgeting. ficult to enforce the provisions of S.J. Res. 1 When asked by Senator TORRICELLI, The Department of Justice has not if Congress were to add such language to the as an example, whether the Senate varied much from that of Robert H. Balanced Budget Amendment. sponsors of the proposed constitutional Bork, 10 years ago: The representative of the Family Re- amendment on budgeting would have In the end, there is a range of views about search Council opposed adding express standing before a Federal court to the extent to which courts would involve language on the role of the courts, not- bring a suit to compel compliance with themselves in issues arising under the bal- ing that they ‘‘would not object to lan- its terms, Mr. Gerson said: anced budget amendment. Former Solicitor guage that would prevent judges from In fact, I think that situation is the most General Bork believes that there ‘‘would raising taxes’’ and observed: likely situation in which Congressional likely be hundreds, if not thousands, of law- suits around the country’’ challenging var- Under our system of government, each standing, which has never before been recog- nized, might be recognized and I say so in my ious aspects of the amendment. Similarly, branch has certain limited means to require Professor Archibald Cox of Harvard Law legal compliance by one of the other prepared testimony. . . . That is the one situ- ation that even Judge Bork in the D.C. Cir- School believes that ‘‘there is a substantial branches. The use of this legal authority is chance, even a strong probability, that * * * somewhat dependent on the political will of cuit recognized might allow Congressional standing. federal courts all over the country would be each branch to exercise their proper author- drawn into its interpretation and enforce- ity. Each branch of government will have its The other witness who testified be- ment,’’ and former Solicitor General Charles prerogatives to enforce the amendment, sub- fore the Judiciary Committee on ques- Fried has testified that ‘‘the amendment ject to appropriate checks and balances. tions of law and judicial review was would surely precipitate us into subtle and Similarly, in 1995, in response to Alan B. Morrison of the Public Citizen intricate legal questions, and the litigation questions from me, the U.S. Chamber Litigation Group. He observed: that would ensue would be gruesome, intru- sive, and not at all edifying.’’ Other com- of Commerce noted: ‘‘The BBA would [I]n the absence of a clear statement of the be policed by the same balance of pow- mentators, such as former Attorney General contrary in the Amendment itself, it is like- William Barr, believe that the political ques- ers that the Framers so carefully craft- ly that parties who claimed that, for exam- tion and standing doctrines likely would per- ed in the Constitution. Thus, excesses ple, the requirements for revenue increases suade courts to intervene in relatively few by the Congress would be controlled by in Section 4 had not been satisfied, could situations, but that ‘‘w]here the judicial both the executive and judicial show sufficient injury to meet the case or power can properly be invoked, it will most branches.’’ controversy requirement in Article III of the likely be reserved to address serious and Constitution. The same is true for those ob- clear cut violations’’. The former Government attorneys jecting to a Presidential impoundment. who support the proposed constitu- Former Attorney General Barr may well be Mr. Morrison thus concluded his tes- right that courts would be reluctant to get tional amendment and have been called involved in most balanced budget cases. to testify before the Judiciary Com- timony: Senator, you will note that Section 1 of However, none of the commentators, in- mittee over the last several years on cluded General Barr himself, believes that S.J. Res. 1 is not put in terms of the Con- the problem of defining the judicial the amendment would bar courts from at gress shall enact and the President shall sign least occasional intrusion into the budget role have been unanimous about only into law. It’s put in absolute terms—total process. Accordingly, whether we would face one thing: Court involvement is not outlays for any fiscal year shall not exceed. an ‘‘avalanche’’ of litigation or fewer cases prohibited by the amendment. It seems to me that is a very unusual kind alleging ‘‘serious and clear cut violations,’’ a Stuart M. Gerson, a former Acting of constitutional command and that despite broad consensus exists that the amendment what the courts have done in other cases, no Attorney General, and William Barr, creates the potential for the involvement of person sitting at this table or any place else the official he replaced at the end of courts in questions that are inappropriate in this country can accurately predict what the Bush administration, differed in for judicial resolution. what they regarded as the principal the courts will do, which is the reason why I say it is so important that the Congress, in The proponents and sponsors do noth- dangers posed by judicial intervention the first instance, assume responsibility, ing to resolve this problem. They con- and in how they would seek to reduce take it on, of saying what they want about cede that the text of the proposed con- the risks of courts involvement, but judicial review and that would be enforced in stitutional amendment on budgeting is they did not say and could not say that the courts. silent with respect to judicial review, the courts would not be involved in in- Written testimony was received by contending that silence ‘‘strikes the terpreting, implementing, and enforc- the Judiciary Committee from Dawn E. right balance.’’ ing the proposed constitutional amend- Johnsen, Acting Assistant Attorney Mr. Morrison is correct to challenged ment were it to be ratified. General at the Department of Justice. the Congress to say what it intends and Mr. Gerson testified he thought judi- In that statement, the current head of what it means in the text of the pro- cial intervention would be ‘‘limited in the Office of Legal Counsel indicated posed constitutional amendment itself. scope’’ but conceded that our constitu- that ‘‘primary concern of the Depart- Instead, the majority is leaving to the tional law ‘‘does not remove the courts ment of Justice is how a balanced courts themselves the determination of from the picture entirely where there budget amendment would be enforced— the challenges arising under the pro- is manifest abuse or disregard of un- an issue that none of the proposed posed amendment and its implementa- equivocal legal pronouncements.’’ He amendments thus far has adequately tion and what they will hear and deter- noted, in his written statement, that addressed.’’ The statement continues: mine. They are to be guided by the va- ‘‘there is a category of case—that in- If a balanced budget amendment were to be garies of general, judicially-created volving whether objective statutory enforced by the courts, it could restructure doctrines of justiciability. terms have been satisfied—which al- the balance of power between the branches of The sponsors and proponents also ways has been cognizable and will re- government and could empower unelected suggest that Congress may revisit this main so under the Balanced Budget judges to raise taxes or cut spending—fun- issue later through implementing leg- Amendment,’’ and, in his oral presen- damental policy decisions that judges are ill- islation. Not only would such subse- tation, that ‘‘in those few cases where equipped to make. quent implementing legislation require a cognizable departure from the spe- The Department of Justice testimony agreement in both Houses and signa- cific terms of the amendment can be also referred to prior statements by a ture by the President or a supermajor- shown, courts, indeed must intervene.’’ former Solicitor General for President ity override of a presidential veto, but He went on, in response to question- Nixon and Federal judge, Robert H. even if ultimately enacted, it may not ing from Senator TORRICELLI, to con- Bork, and another former Solicitor be able to restrict constitutionally-de- cede that standing for certain individ- General for President Reagan and Har- rived judicial power and responsibility S1894 CONGRESSIONAL RECORD — SENATE March 4, 1997 and may itself be overridden by the In court challenges in which a con- where a constitutional violation of the commands of article III and this pro- stitutional violation were found by the proposed budgeting amendment were posed 28th amendment. Former Solici- court to exist, the question of appro- found, courts would be left to make tor General Charles Fried has testified priate remedy will loom large. Indeed, similar remedial decisions. that a subsequent legislative effort to it is the possibility of judicially-im- In light of the deliberate omission of limit judicial power, ‘‘itself might very posed remedies to ensure compliance limiting language like that previously well be unconstitutional.’’ with the proposed constitutional included by Senator Danforth and Sen- Further, as Mr. Barr pointed out in amendment’s command for balance ator Nunn, the underlying proposal is 1995, the State courts are not limited each fiscal year that has raised the more likely to be construed to author- by the Federal requirement of ‘‘case or most concern historically as Congress ize courts to enjoin spending, order controversy’’ and its attendant considers this matter. taxes or issue a negative injunction justiciability doctrines: In 1994, Senator Danforth of Missouri maintaining the status. That will ap- Before moving on, I should point out for successfully modified the proposed con- pear to be the intention of Congress. the Committee one area that I believe does stitutional amendment on budgeting. The absence of any limitations on the hold some potential for mischief and that power of the judiciary to review and Congress may wish to address. That is the He sought to restrict judicial involve- area of state court review. The constraints of ment to issuing declaratory judgments remedy violations supports the inter- Article III do not, of course, apply to state unless Congress specifically authorized pretation that Senate Joint Resolution courts, which are courts of general jurisdic- another form of relief through imple- 1 is intended to authorize the courts to tion. State courts are not bound by the ‘‘case menting legislation and his amend- engage in judicial review without the or controversy’’ requirement or the other ment was accepted by the floor man- limitations those amendment included. justiciability principles, even when deciding ager. In the Federalist No. 78, Alexander issues of federal law, including the interpre- Hamilton described the judiciary as tation of the Federal Constitution. Asarco, In 1995, the Senate likewise modified Inc., 490 U.S. at 617. Accordingly, it is pos- the proposed constitutional amend- ‘‘the least dangerous branch’’ because sible that a state court could entertain a ment when the floor manager adopted it ‘‘has no influence over either the challenge to a federal statute under the Bal- an amendment proffered by Senator sword or the purse, no direction either anced Budget Amendment despite the fact Nunn of Georgia on judicial review. of the strength or the wealth of the so- that the plaintiff would not satisfy the re- The Nunn amendment called for re- ciety.’’ He then qualified his descrip- quirements for standing in federal court. stricting the judicial power of the tion, quoting Montesquieu as warning Although Mr. Gerson’s written state- United States to matters specifically ‘‘that ‘there is no liberty, if the power ment included the same point, almost authorized by implementing legisla- of judging be not separated from the verbatim, the proposed constitutional tion. legislative and executive powers. ’’ amendment and majority report are Neither the Danforth nor the Nunn Adopting this proposed constitu- conveniently silent on this significant language nor anything like them was tional amendment would create pre- dimension of the judicial review prob- included in Senate Joint Resolution 1. cisely the peril warned against by lem. Nowhere do the proponents of this Indeed, in spite of these past attempts Hamilton, because it would invite constitutional amendment confront to limit judicial remedial authority in unelected judges to decide funding pol- the problem of uncontrolled judicial re- the proposed constitutional amend- icy questions and exercise powers here- view by State court that has been ar- ment and the only successful floor tofore largely reserved to the legisla- ticulated by their own witnesses on ju- modifications to its text since 1993, the tive and executive branches. It would dicial review, who conclude that ‘‘the proponents now reject all such efforts. be a mistake of historic proportions. State court in such a circumstance Instead, the proponents choose to re- This is a constitutional amendment would have the authority to render a main silent on the many important is- that is being proposed. In other set- binding legal judgment.’’ sues surrounding judicial involvement tings in which constitutional rights are The proponents’ dilemma may mirror in the interpretation, implementation being vindicated, when legislation en- that admitted by Mr. Barr at the 1995 and enforcement of the proposed con- acted by Congress did not provide an hearings: Having acknowledged the stitutional amendment. effective remedy, the courts have cre- concern that courts might order taxes They try to dismiss Missouri v. Jen- ated judicial ones. See, e.g., Bivens v. raised as in Missouri v. Jenkins, Mr. kins, 496 U.S. 33 (1990), and the dangers Six Unknown Named Agents of Federal Barr was asked by Senator BIDEN it portends for this proposed constitu- Bureau of Narcotics, 403 U.S. 388 (1971); whether the proposed constitutional tional amendment. In that case, the Davis v. Passman, 442 U.S. 228 (1979); amendment ought not be revised to in- U.S. Supreme Court upheld the power Carlson v. Green, 446 U.S. 14 (1980). clude an express limitation on court of a Federal District Court Judge in Thus, if Congress were to adopt en- power and their authority to order cer- Kansas City, MO, to order tax increases forcement legislation that failed to tain types of remedies, Mr. Barr re- in order to improve the public schools. provide an effective remedy for viola- sponded: The Supreme Court upheld a district tions, the courts might proceed on If I were a Senator, I would put it in the their own authority as required to ful- amendment. But if I felt that would mean court order that a local school district levy taxes to raise funds to comply fil their constitutional duties. the amendment would not pass because it In addition, the underlying resolu- would generate these arguments, oh, gee, with the Court’s order to remedy un- this is sort of like Eastern Europe, then I constitutional school segregation. tion would allow the President vast au- would without hesitation support the amend- This case has spawned concern about thority to deal with implementation, ment as written * * * what is sometimes referred to as judi- and possibly even to impound, funds The proponents are refusing to cial taxation and the Judiciary Com- obligated by Congress. The cir- confront the possibility of State court mittee has held hearings on the issue cumstances that would prevail after involvement and the possibility that and on suggested legislation in the ratification of the proposed constitu- courts in different States might reach area in the last several years. Senator tional amendment on budgeting will inconsistent determinations or order Danforth cited this case in the course not have previously existed. The Presi- contradictory remedies because it is of offering his amendment in 1994: dent will have a lot to do with deter- difficult, its discussion might offend, So after the case of Missouri versus Jen- mining how the President’s constitu- and its solution might cost them a vote kins, decided by the Supreme Court, it is tional duties under article II, section 3, or two. clear that under certain circumstances, the to ‘‘take care that the Laws be faith- This is no way to amend the Con- Federal courts have assumed the power to fully executed,’’ and article II, section stitution. Such ambiguity and con- impose taxes. And my concern was that Mis- 7, to ‘‘preserve, protect and defend the scious disregard of potential problems souri versus Jenkins could be the model for Constitution’’ will be fulfilled. disserves the process, the proposed some future action by the Federal courts. Section 1 of the proposed constitu- amendment, the American people and, The authority of the Federal courts tional amendment commands that possibly, the generations to come who to remedy constitutional violations is ‘‘[t]otal outlays for any fiscal year will suffer under its unintended con- broad, as was demonstrated in Missouri shall not exceed total receipts for that sequences. v. Jenkins, 495 U.S. 33 (1990). In suits fiscal year, unless three-fifths of the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1895 whole number of each House of Con- ‘‘up to the end of the fiscal year, the sence of a statute specifying a prior- gress shall provide by law for a specific President has nothing to impound be- ity.’’ excess of outlays over receipts by a cause Congress in the amendment has A memorandum to the Attorney Gen- rollcall vote.’’ In any fiscal year in the power to ratify or to specify the eral dated October 21, 1995, that is now which it becomes apparent that in the amount of deficit spending that may publicly available, reinforces these absence of congressional action, ‘‘total occur in that fiscal year.’’ The major- lines of reasoning: outlays’’ will exceed ‘‘total receipts,’’ ity report, thus, assumes there can Although this Office has consistently the President would determine how never be an unauthorized deficit, be- taken the position that as a general matter best to proceed and might well proceed cause Congress always has a theoreti- the President does not possess inherent au- as if required by the Constitution and cal possibility of stepping in before the thority to impound funds, we have carved the oath of office it prescribes to act to last minute ending the fiscal year and out an exception to the general rule for the ratify whatever deficit has occurred. situation in which the President faces a debt prevent the unauthorized deficit. ceiling and does not have any other feasible This common sense reading of the Under this construction, the proposed method of raising funds. We have said that in proposed constitutional amendment is constitutional amendment is a cruel such a situation, because the President shared by a broad range of highly re- joke. would be faced with conflicting statutory de- garded legal scholars. Then Assistant Moreover nothing in the proposed mands, to comply with the direction to Attorney General (now Solicitor Gen- constitutional amendment prevents spend yet not exceed the debt limit, he would eral) Walter Dellinger testified in 1995 the Executive from acting to imple- be justified in refusing to spend obligated before the Judiciary Committee that ment its terms. A President may not funds. See Memorandum from William H. the proposed constitutional amend- be willing to withhold based on a theo- Rehnquist, Assistant Attorney General, Re: retical possibility of what the Presi- Presidential Authority to Impound Funds ment would authorize the President to Appropriated for Assistance to Federally Im- impound funds to insure that outlays dent knows or has reason to believe pacted Schools (December 1, 1969). We believe do not exceed receipts. will not occur. Moreover a President that the President’s power to reconcile con- Similarly, Harvard University Law may choose not to risk having all of flicting laws according to his best judgment School Professor Charles Fried, who the expenditures undertaken by the could be derived from his ultimate power as served as Solicitor General during the Federal Government for a portion of a Chief Executive ‘‘to take care that the Laws Reagan administration, testified that fiscal year declared to have been ex- be faithfully executed.’’ in a year when actual revenues fell pended in violation of the Constitution. The OLC Memorandum concludes: below projections and a bigger-then-au- It is more likely that a President, Finally, at some point, after all other op- thorized deficit occurred, section 1 sworn to preserve, protect, and defend tions have been considered, consideration ‘‘would offer a President ample war- the Constitution, would not view the should be given to a program of deferral of rant to impound appropriated funds.’’ Executive as powerless to prevent such obligations and expenditures by the Presi- Others who share this view include a result. dent. Such a program would provoke consid- erable public controversy, perhaps a con- former Attorney General Nicholas deB. Key House sponsors of the proposed constitutional amendment circulated stitutional confrontation with Congress, and Katzenbach, Stanford University Law most certainly would be subjected to legal School Professor Kathleen Sullivan, materials on the role of the Executive challenge. On the last point, although we Yale University Law School Professor that add context to the majority re- have not had an opportunity to arrive at a Burke Marshall, and Harvard Univer- port’s isolated declaration of intent definitive conclusion, we believe a strong ar- sity Law School Professor Laurence H. and are consistent with this view of gument can be made both on statutory Tribe. continuing involvement by the Execu- grounds and on the basis of his inherent au- This year the Secretary of the Treas- tive in the implementation of the pro- thority, that the President would have the power to engage in such a program. ury reinforced this prospect when he scriptions contained within the pro- noted in his testimony before the Com- posed constitutional amendment. Rep- Similar analysis and reliance on in- mittee: resentatives SCHAEFER and STENHOLM herent Executive authority could be expected to arise should the proposed Some proponents have suggested that acknowledge that the proposed con- under these circumstances, the President stitutional amendment is intended to constitutional amendment be ratified would stop issuing checks, including those create ‘‘an ongoing obligation to mon- and the President faced with cir- for Social Security benefits. . . . The Presi- itor outlays and receipts’’ and to re- cumstances in which the legislative dent might also impound funds of his choos- quire the President ‘‘at the point at and executive branches are in gridlock ing. . . . All of these potential outcomes are which the Government ‘runs out of over budgetary or spending matters or extremely undesirable. money,’ to stop issuing checks.’’ it appears to the President that the The impoundment power that would We also have experience to instruct prediction for a balance between ex- be conferred on the President by the us. This Administration’s senior advis- penditures and revenues in any fiscal proposed constitutional amendment is ers have testified both in 1995 and in year is tilting toward deficit. far broader than any the presidential 1997 that their advice, against the The proponents alternatively com- line-item veto authority temporarily backdrop of the proposed constitu- ment that Congress could specify in granted the President last year. As As- tional amendment on budgeting having implementing legislation how it want- sistant Attorney General Dellinger tes- been ratified and an emerging deficit, ed the President to proceed in a budg- tified in 1995, the impoundment author- would be to terminate or delay expend- etary or debt limit crisis. Reliance of ity implied within the proposed con- itures. subsequent implementing legislation is stitutional amendment might allow a James C. Miller III, former OMB Di- risky, at best. Such legislation would President to order across-the-board rector under President Reagan, echoed be subject to Presidential veto and the cuts in all Federal programs, target that advice. He revealed legal advice need for a supermajority override in specific programs for abolition, or tar- from the Office of Legal Counsel of the both Houses. Moreover, such legisla- get expenditures intended for particu- Department of Justice that without tion would have to be comprehensive lar States or regions for impoundment. congressional mandated spending pri- enough to foresee and control all pos- He testified that he would advise the orities, the President could apply sible future contingencies to be effec- President that he not only had the across-the-board reductions in outlays. tive. right but the constitutional obligation Finally, he furnished a legal memoran- Further, the President’s obligation to prevent the violation of a constitu- dum on presidential authority to fore- to faithfully execute the laws is inde- tional mandate against budgetary im- stall default on the public debt that pendent of Congress’s. That duty is not balance. was coauthored by a former Assistant ‘‘limited to the enforcement of acts of The text of the proposed constitu- Attorney General and head of the Of- Congress * * * according to their ex- tional amendment does not address fice of Legal Counsel during the press terms, * * * it include[s] the these matters. The majority report Reagan administration that asserts rights, duties and obligations growing says that is not the intent of the Com- ‘‘the President has inherent constitu- out of the Constitution itself, * * * mittee to grant the President any im- tional authority to choose which non- and all the protection implied by the poundment authority and suggests that deferrable obligations to pay in the ab- nature of the government under the S1896 CONGRESSIONAL RECORD — SENATE March 4, 1997 Constitution[.]’’ In re Neagle, 135 U.S. 1, to make greater use of Executive continue reducing the deficit without 64 (1890). If an unconstitutional deficit Branch discretion and authority than sacrificing our Nation’s commitments were occurring, Congress could not this Congress has taken the time to to seniors, veterans, education, the en- constitutionally stop the President consider. vironment, public infrastructure and from seeking to prevent it. This fundamental shift in the alloca- our fundamental constitutional prin- Finally, any reliance on the 159-year tion of power and authority among the ciples. There is no need for a constitu- old case of Kendall v. United States ex Federal branches is neither wise nor tional amendment to achieve our goals. rel. Stokes, 37 U.S. (12 Pet.) 542 (1838), necessary. It risks despotism at the The questions raised during the de- would be misplaced. That case can as very times when despots are most like- bate on Senate Joint Resolution 1 will easily be read to support presidential ly to arise and in which our fundamen- not go away and cannot be ignored. impoundment authority under the pro- tal guarantees of liberty and individual They point to a series of fatal flaws in posed constitutional amendment on freedoms has been the checks and bal- proposing to conduct our Nation’s eco- budgeting. In that case, Congress had ances that the branches of our Federal nomic and budgetary functions by ordered the Postmaster General to pay Government exert over each other. means of a simply-sounding constitu- the claimant whatever sum an outside In spite of these acknowledged prob- tional declaration. A recent editorial arbitrator determined was the appro- lems with the underlying resolution, in the Burlington Free Press said it priate settlement. When the Post- the sponsors and proponents voted more succinctly: ‘‘amending the Con- master General paid a smaller amount, lock-step to table the Kennedy amend- stitution to require a balanced budget the Supreme Court held that the Post- ment without any effort to cure any of would be like using a sledgehammer to master General could be ordered to the serious constitutional flaws that it nail a picket in a fence.’’ comply with the congressional direc- highlighted. Two years ago Senator Mark Hat- tive. The Court ruled that the Presi- We cannot legislate political courage field’s decisive vote against a constitu- dent, and those under his supervision, and responsibility. No amendment to tional amendment on budgeting was a did not possess inherent authority to the Constitution can supply the peo- contemporary profile in courage. Sen- impound funds that Congress had or- ple’s representatives with these essen- ator Hatfield had wisdom gained from dered to be spent: ‘‘To contend that the tial attributes. Indeed, the majority re- his years as a public servant and per- obligation imposed on the President to port concludes that the ultimate en- sonal fortitude and integrity that sus- see the laws faithfully executed, im- forcement mechanism that can lead to tained him through very difficult times plies a power to forbid their execution, balancing the budget is the electorate’s before and after that vote. Here was a is a novel construction of the Constitu- power to vote. That power already ex- man and a representative who was put tion and entirely inadmissible.’’ Id. at ists. Moreover, the underlying resolu- to the test and not only survived but 611. tion would undercut rather than en- emerged as a powerful example for us If the proposed constitutional amend- hance our democratic principles of ma- all. ment were ratified and became a part jority rule and separation of powers On February 8, 1995, Senator Hatfield of the Constitution, the President’s ob- and would ultimately lead to a loss of came to this Senate floor to explain ligation to execute the laws would ar- political accountability to the elector- how he would vote. He said: guably have a constitutional fulcrum ate. As I explain my thoughts on the balanced from which to leverage. The President Political courage has been an essen- budget amendment, I want to make it very could argue that when the constitu- tial ingredient that has helped us clear that I believe the deficit must be re- tional duty to ensure fiscal year bal- achieve remarkable deficit reduction duced and that a balanced budget is worth over the past 4 years—recent history achieving. It is possible that I will be the ance came into conflict with a statu- lone Republican to vote against the balanced tory obligation to expend authorized, that the majority report seeks to ig- budget amendment, but I say now to my col- appropriated, or obligated funds, the nore. We have succeeded in reducing leagues that I share my party’s goals, but constitutional responsibility had to be the deficit every year of the past four. happen to disagree on the means. given priority as predicated on superior We have cut the deficit by more than 60 The debate on the balanced budget amend- authority. percent in that time while pursuing ment is not about reducing the budget defi- The proposed constitutional amend- sound economic and strong fiscal poli- cit, it is about amending the Constitution of ment’s mandate to ensure budget bal- cies. the United States with a procedural gim- ance for each fiscal year specifies no Now we need to stay the course and mick. This amendment that is before Mem- bers now puts new Senate and House rules role or limitation on the power of the work in a bipartisan way to make fur- regarding voting procedures into the Con- President. The majority report con- ther progress. We should now be focus- stitution. It does not balance the budget and cedes that implementation and en- ing our attention and energies on the gives no indication of how this might be forcement will necessarily involve the strenuous tasks of building a working done. Furthermore, it will not force Congress Executive Branch beyond the Presi- consensus on budget priorities and to budget responsibility. If indeed this is an dent’s obligation pursuant to section 3 achieving agreement on how to balance amendment requiring a balanced budget, to have transmitted to the Congress a the budget. then how can we allow Congress to essen- proposed budget prior to each fiscal This crusade for an illusionary quick- tially suspend the Constitution with a three- fifths vote? This was a dangerous idea last year in which total outlays do not ex- fix by constitutional amendment only year, and it is a dangerous idea this year as ceed total revenues. makes that job more difficult. The well. What other constitutional require- The majority report noted: time and resources devoted to reconsid- ments would we like to waive with a three- Both the President and Members of Con- ering a constitutional amendment on fifths vote? Freedom of religion? Free gress swear an oath to uphold the Constitu- the budget merely serve as a distrac- speech? What other civil liberties shall we tion, including any amendments thereto. tion from the real task at hand. waive? A balanced budget amendment would Honoring this pledge requires respecting the Let us not be distracted from the allow the Congress to ignore the requirement provisions of the proposed amendment. Fla- true means to deficit reduction: Let us for a balanced budget and to ignore the Con- grant disregard of the proposed amendment’s proceed to consider and adopt a budget stitution. This idea of Congress suspending a clear and simple provisions would constitute constitutional requirement cuts against the nothing less than a betrayal of public trust. and deficit reduction package consist- separation of powers principle so crucial to In their campaigns for reelection, elected of- ent with the progress made since 1993. the foundation of the Constitution. ficials who flout their responsibilities under As Treasury Secretary Robert Rubin A balanced budget can come only through this amendment will find that the political testified before the Committee on Jan- leadership and compromise. This com- process will provide the ultimate enforce- uary 17, ‘‘politically, historically, and promise must come from each one of us. But, ment mechanism. economically, the forces are in place to most importantly, it must come from those If this proposed constitutional balance the budget. We are not far we represent—those who do not want their amendment were to become the su- taxes raised any more than we want to raise apart. Now we need to get the job them—those who do not want their benefits preme law of the land, some future done.’’ cut any more than we want to cut them. In President may well choose to enforce Let us not sacrifice the Constitution the end there is no easy answer, and there its terms, in the absence of binding or our Nation’s fiscal policies to a siren never will be. Regardless of the procedural limitations in implementing authority, song but turn to the work needed to restraint in place, where there is political March 4, 1997 CONGRESSIONAL RECORD — SENATE S1897 will to create a balanced budget we will cre- sequences to our system of checks and gone through all the terrible things ate one, where there is will to avoid one, we balances. I am disgusted by it. that it has in its 200 years, and coming will avoid it* * * . We should all remember the coura- back stronger every single time, will be As I stated during the debate on a geous example of Senator Mark Hat- here long after each of us is a dusty balanced budget amendment last year, field, and vote our own conscience and memory. I yield the floor and turn a vote for this balanced budget amend- use our own best judgment on this back to my good friend from Utah. ment is not a vote for a balanced budg- matter of constitutional amendment. I The PRESIDING OFFICER. Under et, it is a vote for a fig leaf. commend the Senators who are not the previous order, there will now be 1 If I am skeptical about the ability of a blindly voting for a poll-tested bumper hour of debate under the control of the gimmick to fix our budget, I am not skep- sticker, but who instead are exercising Senator from Utah. tical about the ability of the people to de- their best judgment and voting to de- mand and keep demanding that we respond Mr. HATCH. Mr. President, contrary feat a seriously flawed proposed to the budget challenge with real action. to Senators REID, DORGAN and amendment to the Constitution of the Real action is not a vote for an amendment CONRAD’S contention, exempting Social United States. These Senators are to the Constitution which calls for a bal- Security would severely impair the anced budget by the year 2002. Real action is those acting with courage. program. Let me say once again, an ex- rolling up our sleeves and getting our fiscal By our Senate oath of office we each emption would open up a loophole in house in order. Real action is working to- commit to ‘‘support and defend the the amendment and siphon-off reve- gether, in a bipartisan fashion, to create a Constitution of the United States.’’ We balanced budget, not to simply promise one. nues from the trust funds. Placing the owe to our constituents our best judg- Real action means ending some programs— trust funds off-budget will harm the ment on matters of this importance. programs with popular appeal and vocal con- Social Security Program. stituencies. Balancing the budget will result We owe to our children and future gen- in an impact on each and every one of us—do erations the protections of separation In essence, we would have two budg- we have the will to do that? of powers and checks and balances ets, one based on sound principles of Bipartisan negotiation, leadership, and from our Constitution that have served solvency, and the other, the Social Se- compromise have been the cornerstones upon us so well without diminution for polit- curity budget, which is not. One budget which we have built all effective decisions on ical expediency. will be required to be in balance unless tough issues since the formation of our Gov- Mr. President, how much time re- a supermajority votes to allow a defi- ernment. Compromises are difficult to reach, cit, the other—the Social Security but they are not impossible to reach. We mains to the Senator from Vermont? have just received the President’s budget. The PRESIDING OFFICER. The Sen- budget—would be raided and bloated The ensuing debate on the budget will pro- ator from Vermont has approximately with unrelated pork projects. This will vide the chance for the Congress to work to- 3 minutes remaining. mean the end of Social Security as we gether to balance the Federal programs of Mr. LEAHY. Then what is the situa- know it, turning it into the least se- this budget. I hope the Congress does not tion? cure of all Government accounts. miss this opportunity to debate the real The PRESIDING OFFICER. Under Congress could pass legislation to issue of balancing the budget. Voting for a the previous order, the Senator from balanced budget amendment is easy, working fund any number of programs off-budg- to balance the budget will not be. Utah will control 1 hour of debate. et, through the Social Security trust The Congress should not promise to the Mr. LEAHY. Mr. President, I have funds. The budget could be balanced people that it will balance the Federal budg- stated my disagreement with those simply by shifting programs into the et through a procedural gimmick. If the Con- who will vote for this. But I also know Social Security trust funds. gress has the political will to balance the that many on both sides of the aisle The immediate effect of the loophole budget, it should simply use the power that are moved by their conscience in the it already has to do so. There is no sub- is that the trust funds would grow—as way they will vote. I hope no one will projected—but only until 2002, the date stitute for political will and there never will seek to punish them. I hope they do be. the BBA requires that the budget be not seek to punish Members of this balanced. Thereafter, however, the In May 1995, not long after his his- body who vote his or her conscience on toric vote and after he had retained his trust funds would stop growing as all this matter—I was concerned to see annual surplus funds would be reallo- chairmanship of the Appropriations some of the so-called independent ex- Committee after being attacked by fel- cated to pay for programs that have penditure ads over the weekend that been redesignated as Social Security. low Republicans for his vote of con- seek to do just that—whether they science and in defense of the Constitu- So instead of growing, from 2002 to have been Senators on either side of 2019, the year the trust funds are esti- tion, Senator Hatfield had occasion to the aisle who express different views repeat the following observations mated to stop growing, the system will today than they might have expressed become stagnant in 2002. The result of about balancing the Federal budget: another time. I assume they have rea- I believe that a balanced budget can come the loophole will be the depletion of sons for doing it. the trust fund years early. Exemption only through leadership and compromise. I have tried throughout this debate This compromise must come from each one of the trust funds from the BBA, iron- for several weeks now to state my rea- of us. More importantly, it must come from ically, will hasten the system’s dif- sons. My reasons are based, as my rea- those we represent. In the end, there is no ficulties. easy answer. If there is a political will to sons are for all votes, on what is best create a balanced budget, we will create one, for the country, what is best for Ver- Congress has generally been increas- and if there is will to avoid one, we will mont, what is best for the Constitu- ing the web of services provided by So- avoid it. tion. cial Security. Consider what will hap- I am deeply disappointed to learn None of us owns a seat in this body. pen when politicians are faced with the that the Republican National Commit- Each of us just passes through. Some- choice between the pressures of budget tee has been running attack advertise- day I will be gone, just as every other integrity and the procrastinating ap- ments in newspapers and on the radio Member now serving in the U.S. Senate peal of a Social Security loophole. over the past few days regarding the will be gone. But when I leave I want The only other possible use for Social final vote on this proposed constitu- to be able to say to my children and Security surpluses would be for the tional amendment. These attack ads my children’s children, I did the best I Government to pay down our stagger- are aimed at blackmailing specific could, and I did those things that pre- ing national debt. If projects aren’t re- Members of Congress to ignore their pared you for the future. My children designated, Social Security as dis- consciences and vote for this flawed will live most of their lives in the next cussed earlier, thereby consuming ac- constitutional amendment. It is wrong century. cumulated Social Security surpluses, to play politics with the Constitution As I have said many, many times on surplus proceeds would be used in the of the United States. It is wrong to try this floor, I worry just not for those of only possible manner that would avoid to punish any Member in this body who us who are here at the twilight of this section 1’s prohibition on outlays ex- may choose to vote his or her con- century, but those who live in the next ceeding receipts: to make debt repay- science on this matter of constitu- century and the centuries after, be- ments. This sounds wonderful, but in tional proportion with its serious con- cause I expect that this Nation, having fact creates a dangerous mechanism for S1898 CONGRESSIONAL RECORD — SENATE March 4, 1997 the Congress to continue deficit spend- et amendment, free of loopholes. It is have to balance the budget. For 28 ing. By paying down the debt, the Con- the best way to save our financial situ- years, we have heard from both Repub- gress would provide itself a debt cush- ation and protect Social Security. licans and Democrats on the impor- ion—that is, a gap between the statu- I yield 1 minute to the distinguished tance of balancing the budget. That is torily limited debt ceiling and the ac- Senator from Minnesota. why I am casting my vote for a bal- tual paid down debt. Congress could The PRESIDING OFFICER. The Sen- anced budget amendment today. therefore use this gap to deficit spend, ator from Minnesota. Mr. HATCH addressed the Chair. from Social Security, while avoiding Mr. GRAMS. Thank you very much, The PRESIDING OFFICER. The Sen- the three-fifths vote required in section Mr. President. ator from Utah. 2 of the BBA to raise the debt ceiling. I want to congratulate my colleague Mr. HATCH. I thank my colleague This is because the accumulated Social from Utah on all the great work he has and yield 1 minute to the distinguished Security surpluses would maintain the done during this very, very important Senator from Wyoming. gap between the actual debt and the debate on the balanced budget amend- The PRESIDING OFFICER. The Sen- debt ceiling. Such a spending device ment. ator from Wyoming. completely frustrates the purposes for Mr. President, if recent history is Mr. ENZI. Mr. President, I, too, want which I have introduced the balanced any indication, we know that promises to urge all my colleagues to vote for budget amendment. are never going to balance the budget, the balanced budget constitutional Also, let us not forget about the trou- good intentions are never going to bal- amendment. As the only accountant in bling future for Social Security. The ance the budget, renewed commitments the U.S. Senate, I have been interested Social Security Board of Trustees esti- are never going to balance the budget, in the various accounting issues that mates that by the year 2070, Social Se- and pledges of cooperation are never have been brought up as part of this curity is expected to run an annual $7 going to balance the budget. Left on its discussion. I am very disappointed that trillion deficit. If we include Social Se- own, we know that Congress itself will while accounting techniques are need- curity in our balanced budget calcula- never balance the Federal budget. ed to know exactly where we stand and tions, we will be able to prepare for and In the 1 minute that I spend deliver- what to do, there have been a lot of budget these massive shortfalls. Under ing this statement, the national debt sham techniques that have been the Feinstein proposal, we will not be will increase by more than $500,000. In brought up so that some of the people including this deficit in our budgetary the past 24 hours, it has grown by over would have a hook on which to add a planning. As a result, under any pro- $721 million. Over the last three dec- no vote—and that is all that they are. posal to exempt Social Security from ades, the national debt has mush- We need to have good accounting. We Senate Joint Resolution 1, in order to roomed to more than $5.3 trillion. The need to protect Social Security. There raise revenue and increase the debt question you have to ask is, where will is no one in this body who does not ceiling sufficient to cover the expected it stop? At what point do we say want us to take care of Social Secu- Social Security shortfalls in the next enough? rity. The way to do that is through a century, we will have to dramatically What will it take to convince Wash- balanced budget constitutional amend- increase taxes or cut spending in other ington that we are strangling the fi- ment. We owe it to our kids and to our important programs, or face an annual nancial future of our children and our grandkids. We owe it to our parents three-fifths vote fiscal crisis to avoid grandchildren with the noose that is and our grandparents. We have to financial default by raising the already being knotted by our very own hands? make sure that we have a balanced staggering $5.5 trillion debt ceiling. Mr. President, after all the promises, budget to keep this country going for- FICA taxes have grown significantly intentions, commitments, and pledges ward, with or without that amend- over time. There is no reason why this have failed, our last best hope rests ment. I have heard promises here, but increase would not be accelerated with passage of the balanced budget I am not so sure about promises any- under this loophole. Nor is there any amendment. In the name of America’s more that we would balance the budg- reason why new Social Security taxes children, I urge my colleagues to vote et, and it is critical that we balance could not be added, such as a Social Se- yes. the budget. I will be counting on every- curity income tax or a Social Security Mr. HATCH addressed the Chair. one to help on that. I ask for support of value added tax. As this process contin- The PRESIDING OFFICER. The Sen- the balanced budget constitutional ues, the loophole created by this ex- ator from Utah. amendment. emption could easily swallow both the Mr. HATCH. I thank my colleague Mr. HATCH. Mr. President, the bal- spending and the taxing protections of and yield 1 minute to the Senator from anced budget amendment is necessary the BBA. Colorado. to limit the Federal Government’s By allowing Congress to redesignate The PRESIDING OFFICER. The Sen- power to mortgage America’s future. It other spending as Social Security, this ator from Colorado. can protect the liberties of the Amer- loophole would make it easy to balance Mr. ALLARD. Mr. President, I thank ican people for six primary reasons: the budget on paper without changing the Senator from Utah for his fine No. 1, our families: Passing the bal- anything except accounting methods. work and debate here on the floor on anced budget amendment will improve According to Wall Street analyst the balanced budget amendment. I am the economic health and stability of David Malpass, who recently testified going to vote for the balanced budget all American families. before the Judiciary Committee, amendment because I am going to keep No. 2, our children’s future: Passing Financial markets would react negatively my campaign promise that I made dur- the balanced budget amendment is a to a budget concept that ignores Social Se- ing the election. It is not a campaign very clear-cut vote for our children’s curity. promise that I made lightly. economic freedom, instead of their en- By passing a balanced budget amend- I have voted for this very same pro- slavement, which is what we have been ment that excludes Social Security, posal as a Member of the 105th Con- doing to them. Congress would game the system, say- gress as a Member of the House of Rep- No. 3, retirement security: It will ing, in effect, that it does not intend to resentatives. I have served in a State protect Social Security, and it will sta- balance the consolidated unitary Fed- that has a balanced budget require- bilize the economy, which will benefit eral budget. For Malpass and other ment. I have been the owner of a busi- both current and future retirees. market analysts, this would be a decid- ness that has had to balance its budget. No. 4, economic strength: The sta- edly negative signal for financial mar- I have been a part of a family that has bilizing effect the balanced budget kets, leading to higher interest rates. had to balance its budget. amendment will have on the economy This probable gamesmanship is ex- I think it is important for the future is clear. actly what must be avoided. The way of our children and our grandchildren No. 5, integrity: It will bring imme- to avoid it is to reject this risky ex- that we balance the budget. The only diate credibility to our current budget emption gimmick. The best way to pro- way I see us ever eliminating deficit negotiations, and it will restore a tect retirees and future generations is spending is to pass a requirement in measure of integrity to our Govern- to adopt a clean strong balanced budg- the Constitution that says that we ment. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1899 No. 6, the last reason is this stack of ballooned to $5.3 trillion or roughly The people of Idaho know how seri- 28 unbalanced budgets. The last 28 $20,000 for every man, woman, and child ous the issue of balancing the budget years of our country’s life have had un- in this Nation. If we take the time to is, because, like most Americans, they balanced budgets. We need a constitu- look beyond the immediate future, to a have lived under a State balanced tional amendment to stop this pile time when our children—and for some budget requirement for years. It has from growing. of my colleagues, their grandchildren— forced tough decisions and, in some Some have stated that all we need is stand where we stand today, as parents cases, prevented Idaho from doing some the will to balance the budget. Well, and taxpayers, we will see a vision things the people wanted to do. But, it these 28 budgets are a testament to the which should frighten us. Unless some- has worked. More importantly, for all fact that our will just won’t do it. It is thing is done, and done soon, interest the difficult decisions it has required, that simple and that clear. on the debt will consume a larger por- Idaho has kept it. They have shown I have to tell you, one of my favorite tion of the budget than all the domes- they are willing to make tough deci- quotes is this: ‘‘A democracy cannot tic discretionary programs combined. sions in order to keep the budget bal- exist as a permanent form of govern- Some opponents of the balanced anced. In the process, Idaho has also ment. It can only exist until the voters budget constitutional amendment have made sure that its more important re- discover that they can vote themselves said all we need to do is stop deficit source, its children, are protected. A largess from the Public Treasury. spending. This is true, and in a perfect recent report released by the Children’s world it would also be an easy goal to From that moment on, the majority al- Defense Fund notes that Idaho is below achieve. But we all realize we do not ways votes for the candidates promis- the national average for the percentage live in a perfect world. We live in a na- ing the most benefits to the Public of children living in poverty, below the tion populated by more than 260 mil- Treasury, with the result that a de- national average for the number of un- mocracy always collapses over loose lion people, many with dramatically different expectations of what, if any- insured children, and above the na- fiscal policy, always followed by a dic- thing, their Federal Government tional average in child support enforce- tatorship.’’ ment. You see it is possible to balance The average age of the world’s great- should do for them. And they elect us to represent those interests. Unfortu- the budget and have the government do est civilizations has been 200 years. nately, for the last 28 fiscal years too those things which the people expect it Ours is just a little bit over 200 years, many have tried to please all of those to do. As a nation, we would be wise to and we are following that pattern of interests at the same time, all too heed Idaho’s example. mortgaging our future, of voting lar- rarely asking, ‘‘What will be the result As I mentioned before, the people of gess for ourselves and the Public Treas- down the road?’’ my home State have shown they can ury, and of not being able to put fiscal Mr. President, as I have mentioned, and will live within a limited budget— sanity into our house to make it a we are now living that result. The debt on both a personal and governmental house of order. All we have is, it seems has spiraled out of control and a bal- level. The members of the Idaho State to me, the same old timeworn, wornout anced budget has become a highly de- Legislature stand for election every 2 approaches toward the budget that we sired goal rather than a regular, ex- years and must reflect the attitudes of have heard for all of these 28 years. It pected occurrence. While we are slowly the citizens of their communities. As is time to do something about it. getting closer to achieving that goal, in the past, they have passed a memo- I yield a minute to the distinguished we must not stop there. Even if we bal- rial asking Congress to approve the Senator from Idaho. ance the budget by 2002, a timeframe to balanced budget constitutional amend- (Mr. ENZI assumed the chair.) which even President Clinton has now ment and send it to them for ratifica- Mr. KEMPTHORNE. Mr. President, I agreed, what happens next? What hap- tion. Their words bear repeating as we thank the Chair. pens when the names of the 105th Con- consider action on this significant step Mr. President, I rise today to express gress become mere memories in our to restore the confidence of our people: my complete and unreserved support Nation’s history? Who will ensure that Whereas, the annual federal budget has not for Senate Joint Resolution 1, the bal- balanced budgets will continue 5, 10, 20, been balanced since 1969, and the federal pub- anced budget constitutional amend- even 50 years down the road? lic debt is now more than five trillion dol- ment. While I would like to believe that lars, or twenty thousand dollars for every I think it is notable that the bal- balancing the budget in 2002 will result man, woman, and child in America; and anced budget constitutional amend- Whereas, continued deficit spending dem- in all future budgets being balanced, I onstrates an unwillingness or inability of ment has been designated Senate Joint simply cannot. Balancing a budget is Resolution 1 for the second consecutive both the federal executive and legislative hard, as many of us who must balance branches to spend no more than available Congress. Bringing the budget into bal- our own personal budgets well know. revenues; and ance should be one of the Nation’s Future leaders will be sorely tempted Whereas, fiscal irresponsibility at the fed- highest priorities, and this designation to deficit spend in order to meet the eral level is lowering our standard of living, demonstrates the Senate leadership’s desires of the people. And much like a destroying jobs, and endangering economic recognition of that fact. It also dem- generation ago, they will find it easy opportunity now and for the next generation; and onstrates the knowledge that, no mat- to appease everyone. They will find it ter what we do to balance the budget Whereas, the federal government’s unlim- easy to say, ‘‘We’ll balance it next ited ability to borrow raises questions about now, we simply cannot guarantee a bal- year.’’ The result may well be another the fundamental principles and responsibil- anced budget to future generations un- 28 years of unbalanced budgets and in- ities of government, with potentially pro- less the Constitution requires one. A creasing debt. To quote the Spanish found consequences for the nation and its requirement to balance the budget, not philosopher George Santayana, ‘‘Those people, making it an appropriate subject for just in statute but in the very docu- who cannot remember the past are con- limitation by the Constitution of the United ment which defines our Nation, will demned to repeat it.’’ Without a bal- States; and Whereas, the Constitution of the United truly make the Federal Government anced budget constitutional amend- accountable—accountable to the Amer- States vests the ultimate responsibility to ment, we leave future generations to approve or disapprove constitutional amend- ican taxpayer of today and to the gen- the mercy of whether or not their lead- ments with the people, as represented by erations who will inherit this Nation ers will remember the past. their elected state legislatures; and the op- tomorrow. Mr. President, over the Presidents’ position by a small minority repeatedly has Mr. President, future generations are Day work period, I had the opportunity thwarted the will of the people that a Bal- what this debate is all about. An entire to speak with numerous Idahoans. anced Budget Amendment to the Constitu- generation of Americans has grown up They are good people who are very con- tion should be submitted to the states for without ever having seen a balanced cerned about the future of the United ratification. budget. My children are nearly the age Now, therefore be it resolved, by the mem- States. During my week in the State, bers of the First Regular Session of the I was the last time the U.S. budget did they overwhelmingly expressed to me Fifty-fourth Idaho Legislature, the Senate not run a deficit. In the interim, we that passage of the balanced budget and the House of Representatives concurring have seen deficit spending become the constitutional amendment was one of therein, that the Congress of the United norm, and, as a result, the debt has their biggest concerns. States expeditiously pass, and propose to the S1900 CONGRESSIONAL RECORD — SENATE March 4, 1997 legislatures of the several states for ratifica- not mean we deny ourselves the ability I believe there is only one way to an- tion, an amendment to the Constitution of to do those things which need to be swer that question. We must act now. the United States requiring, in the absence done. It simply means we must do It is time for the Federal Government of a national emergency, that the total of all those things as efficiently as possible, federal appropriations made by the Congress to cut up its credit cards, prioritize the for any fiscal year may not exceed the total and not waste time and resources try- real needs, ignore the ‘‘wants’’ list, of all estimated federal revenues for that fis- ing to do things which are not truly learn to do more with less, and balance cal year. important. its budget. It will not be easy and it The call for fiscal responsibility is Mr. President, before concluding my will not be pretty, but it must hap- nothing new, it has been sounded for remarks today, I would like to address pen—and we cannot guarantee it will years. President Andrew Jackson said, the concerns which have been raised happen without a constitutional ‘‘Once the budget is balanced and the about Social Security. During my ten- amendment. After 28 years of unbal- debts paid off, our population will be ure in the Senate, I have supported sev- anced budgets, we owe future genera- relieved from a considerable portion of eral efforts to assist Social Security tions the promise that they will not be recipients. It is based on my support its present burdens and will find not forced to live with the results of our for the Social Security system, and only new motives to patriotic affec- mistakes. Passing the balanced budget those who depend on the system now tion, but additional means for the dis- constitutional amendment is our down- and in the future, that I opposed the play of individual enterprise.’’ payment on that promise. More recently, the American people maneuvers to add ‘‘specific exemption’’ Mr. President, in the 1,697 votes I heard the following words: ‘‘We must language to the balanced budget con- have cast as a U.S. Senator, the vote act now to protect future generations stitutional amendment. Doing so, I be- today at 5:15 is the most critical. How lieve would have proven to be det- from government’s desire to spend its critical? The last time this Nation had rimental to the long-term security of citizens’ money and tax them into ser- a balanced budget, I was 17 years old. the Social Security Program. vitude when the bills come due. Let us First, because Social Security is de- Today, I have a son who is 16. He will make it unconstitutional for the Fed- fined in statute, its definition may be be 17 this year. It has been a genera- eral Government to spend more money changed by statute. A Social Security tion since we have had a balanced than the Federal Government takes exemption to the balanced budget con- budget. I wish that when I was a 17- in.’’ stitutional amendment would then cre- year-old, there had been a law that said This sound advice came from Presi- ate an inviting target, far too inviting you are going to have a balanced budg- dent Reagan on the event of his second in my view, to those who do not want et. inauguration. His words were true to truly balance the budget. The Con- In the State of Idaho, we have a bal- then, and they are even more so now. gress, potentially, would be able to anced budget requirement in the Con- For since he made that call for a bal- change the definition of Social Secu- stitution, and what’s the upshot of anced budget amendment to the Con- rity so as to include economic stimulus that? After a century, our books are stitution, we have had a dozen more programs, health care programs, or any balanced in Idaho. We have 28 years of years of unbalanced budgets, a dozen other program which caught the fancy unbalanced books here in the United more years of deficits, a dozen more of the majority of the Congress. These States. It is time for a balanced budget years of telling our children and grand- areas could then be funded by draining amendment. I cast my vote today not children that they will have to discover the Social Security trust fund while only as a Senator, but as a father try- a way to do what we did not have the the budget, technically, remained bal- ing to do the right thing for my kids. courage to do. anced. The net result would be a rapid I yield the floor. Mr. President, when I was mayor of depletion of the trust fund which would Mr. HATCH. Mr. President, I yield 1 Boise, I not only had to balance my endanger benefits for future retirees. minute to the Senator from Tennessee. own personal budget, but I also had to Second, I think we must look at what (Mr. KEMPTHORNE assumed the ensure that the city’s budget remained a Social Security exemption would not chair.) balanced as well. It was a responsibil- do. Contrary to what some have Mr. THOMPSON. Mr. President, our ity that required tough decisions, both claimed, it would not provide any more generation inherited the freest, strong- on my part and on the part of the good protection for the trust fund than now est, most prosperous country in the people of Boise. Together, we had great exists. It would not prevent the trust history of civilization. Within one gen- expectations for our city. We wanted to fund from running a deficit beginning eration, we are changing that. When build new parks, hire more police offi- in 2019, just as it is currently on pace historians look back and ask the ques- cers, build a new fire station, and do to do. In fact, it would not extend the tion, ‘‘When did the decline of the numerous other things to make the solvency of the trust fund by a single United States begin,’’ they will point city an even better place to live. At the day—Social Security would still be to our generation, because we are the same time, however, we had to face the bankrupt by 2029. The Social Security first generation to spend the fortune of fact that we could not have all our exemption would not do one thing to our grandchildren and great-grand- wants, we would have to focus on our save the Social Security trust fund. children. needs. Only balancing the budget—and I be- But we are told that we don’t need to So what did we do? We prioritized lieve only a constitutional amendment worry about it because we are in the and lived within our means. And in the will guarantee a balanced budget—and process of balancing the budget, as evi- process we built some wonderful parks, reducing the debt, will ensure that we denced by the President’s latest so- we modernized our firefighting equip- are able to pay off the Government se- called ‘‘balanced budget.’’ But when ment, and we lowered the crime rate. I curities in which the law requires the the analysis comes out, we see that we would add, Mr. President, that we did Social Security surplus to be placed. are looking at another $69 billion in all this and either held the line or de- Mr. President, the balanced budget deficit, and this so-called ‘‘balanced creased the property tax levy the final constitutional amendment is designed budget’’ is supposed to make all the 2 years I was in office. As a result of to make the Federal Government do cuts. But 98 percent of the cuts are in our efforts, we were voted one of the something it has not done in nearly 30 the last 2 years—after the President most livable cities in the Nation by a years—take responsibility for its ac- leaves office. We know that this is a national magazine, which called Boise, tions now, rather than passing the sham. We know that even if, for a ‘‘A great place to raise a family.’’ buck to our children and grand- nanosecond, we did balance the budget Mr. President, we did all this, and children. In the end, it is that simple. in the year 2002, it would not account balanced our budget, because we had to Are we going to continue to mortgage for the baby boomers who are going to do so. It forced us to be frugal, but our children’s and grandchildren’s fu- be retiring in 2010. Can’t we look for- more importantly, it required us to ture for the sake of political expedi- ward for our Nation’s future? find better and more efficient ways to ency, or are we going to accept our re- I support the balanced budget amend- meet our goals. And we still met our sponsibility to make the difficult deci- ment and urge immediate passage. goals. We managed to do more with sions which come with balancing the Mr. HATCH. Mr. President, I yield 1 less. You see, a balanced budget does budget? minute to the Senator from Arkansas. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1901 Mr. HUTCHINSON. Mr. President, I issues day after day. How do we get an we will pass this constitutional amend- thank the distinguished Senator from unbalanced budget? What happens? ment. Utah. I rise in strong support today of Senators and Congressmen get to- What is to be gained as a result of the balanced budget amendment to the gether and each have their own prior- doing this? The benefits are to our con- Constitution. I have three sons. My ities. Each believes deeply that some stituents. We believe that $125 a month twin boys, today, are celebrating a project ought to be funded, and they could be the benefit derived from a birthday. They are 23 years old. I have cannot agree on which ones should be constitutional amendment through an 18-year-old. funded and which ones should not. So, lower interest rates, more affordable In 1984, when I first ran for political they get together, they fund them all, mortgage loans, more affordable stu- office—the Arkansas State Legisla- and they pass on the debt to our chil- dent loans, cheaper automobile loans, ture—I was asked, ‘‘Why would you get dren. and so forth. into politics?’’ I had three reasons: Jer- Some say we don’t need a balanced Mr. President, if we were to pass this emy, Tim, and Josh. I didn’t know budget—that we should not amend the constitutional amendment, we would whether I could make a difference, but Constitution. We have a series of 33 out finally put some kind of outside re- I was gravely concerned about the di- of 34 years where we have failed to bal- straint on the ability of Congress to rection our Nation was going in and, ance the budget. We have a systemic spend the taxpayers’ dollars. We need particularly, the way our Nation was problem, and we need a systemic solu- to do that. We have failed 28 years in a growing in deficits, chronic deficits, tion. This amendment will bring integ- row. It is time to get it done. and a massive national debt. I wanted rity to the finances of the United The PRESIDING OFFICER. The Sen- to be able to look them in the eyes and States. I think it is absolutely crucial ator from Utah. say, ‘‘I did what I could to give you a that we pass it. I can’t believe any- Mr. HATCH. Mr. President, I yield 1 nation as good and as prosperous and thing more important will come before minute to the distinguished Senator with as much opportunity as I have this body than this amendment, and I from Nebraska. had.’’ am in support of it. Mr. HAGEL. Mr. President, this is Well, in less than 2 hours from this Mr. HATCH. Mr. President, I yield a about leadership. The balanced budget moment, I will have an opportunity to minute to the Senator from Vermont. amendment to the Constitution is cast a vote. We may not succeed in this Mr. JEFFORDS. Mr. President, today about the future of this country. It is balanced budget amendment, but I will I will vote to pass the balanced budget about bold leadership. It is about step- have a clear conscience, and I will be amendment. This is a vote for a strong- ping up to the challenges that face our able to look my sons in the eyes and er America, for responsible Govern- Nation and what kind of country we say that I did what I could to bring a ment, and for our children. are going to leave to our children and fiscal sanity to our Nation again. In 1982, I approached the constitu- to our grandchildren. tional amendment with a certain de- I thank the Chair and yield the floor. This is about doing the right thing. Mr. HATCH. Mr. President, I thank gree of skepticism. My vote against the This is not about esoteric, theoretical, my colleagues for their words here amendment at that time reflected my and academic issues. This is not about today. We are talking about trying to belief that Congress could and would deferring more of the same that we save our country. Frankly, after 58 of correctly eliminate our budget short- have deferred for almost 50 years in the last 66 years of unbalanced budgets, fall. Since that time, however, we have this country. This is about stepping up I think it is time we do something come to a point of national financial to the real challenges that affect real about it. crisis. In 1982, we had a Federal debt of people that will have a lasting impact I yield 1 minute to our distinguished less than $1 trillion. This year, we have on this country. If we do not provide friend, the Senator from Michigan. more than $5 trillion in Federal debt. the bold, dynamic leadership that this Mr. ABRAHAM. I thank the Chair. This debt is crippling our Govern- country requires, then we will pay a Mr. President, I rise in support of the ment’s ability to solve our difficult heavy price in the future for our inac- amendment. As I have said on the floor problems. tion. Our children and our grand- numerous times during the debate, Like many, I wish there was a way to children will pay a very high price. families of this country are hurt to the make Congress and the administration They will pay a price that will restrict extent that we don’t balance the budg- balance the budget without amending their opportunities, restrict their fu- et. Interest rates are higher. That the Constitution. But we have tried, ture, and restrict the future of our Na- means that loans, whether it is for a over and over and over, and we have tion and the good this country can do new car or house, a student, or anyone failed. These measures have always for the rest of the world and for our else, are affected directly by this fail- fallen short. people over the next 25 to 50 years. ure in Washington to balance the budg- We must have in Washington what et. we take for granted in Montpelier, VT, For those reasons, I strongly support Most importantly, children are hurt. and State capitals across the country— this constitutional amendment to bal- We have a newborn baby in our family. a balanced budget. ance the budget. He was born 5 months ago. The day he This Congress must be remembered The PRESIDING OFFICER. The Sen- was born, he inherited a responsibility as the one that made life better in ator from Utah. to pay $187,000 in Federal taxes just to America. Mr. HATCH. Mr. President, I yield 1 pay his share of the interest on this na- The PRESIDING OFFICER. The Sen- minute to the distinguished Senator tional debt. That isn’t just unfair for ator from Utah. from Alabama. my son, it is unfair for all the children Mr. HATCH. Mr. President, I yield 1 Mr. SHELBY. Mr. President, thank in this country. minute to the distinguished Senator you. Passage of this amendment has to from Florida. Mr. President, as we debate the bal- happen. It has to happen now in order The PRESIDING OFFICER. The Sen- anced budget amendment, we would be to end the red ink and set us on the ator from Florida. wise to listen to the words of one of our right course for fiscal integrity in the Mr. MACK. Mr. President, I thank Founding Fathers, Thomas Jefferson. future. the distinguished Senator for yielding Mr. Jefferson once wrote that ‘‘the Mr. HATCH. Mr. President, I yield 1 to me. question whether one generation has minute to the distinguished Senator The question has been asked many the right to bind another by the deficit from Alabama. times during the day: Do you have the it imposes is a question of such con- Mr. SESSIONS. I thank the Senator votes? There are 55 Republican Sen- sequence as to place it among the fun- from Utah. I appreciate the leadership ators who have given their word that damental principles of government. We he has given to this effort. I think that they would vote for a balanced budget should consider ourselves unauthorized this issue is very, very important to constitutional amendment. There are a to saddle posterity with our debts, and our Nation. I think, fundamentally, it number of Democrats who have cam- morally bound to pay them ourselves.’’ is one of integrity. It is integrity in paigned for this balanced budget Mr. President, I agree with Thomas spending. We have to deal with those amendment. If they keep their word, Jefferson: It is morally wrong for one S1902 CONGRESSIONAL RECORD — SENATE March 4, 1997 generation to burden a future genera- borrowing huge sums of money to pay sources at the disposal of the Federal tion with its debts. Yet, that is exactly its liabilities in the Social Security Government, there is simply no need what has happened during the past 27 system. Moving Social Security off- for a separate capital budget. years in America. The Federal budget budget is just another sham put forth The final objection I will address is has not been balanced since 1969, and as by those who do not want to face the that the balanced budget amendment a result, our national debt has grown reality that we must stop piling debt will hamper the Government’s ability to more than $5 trillion. In fact, a child on our children and grandchildren. to stimulate to the economy during a born in America today begins life with The truth is the balanced budget recession. Mr. President, the truth is a $20 thousand share of the national amendment will protect Social Secu- that the Federal Government does not debt. During his or her lifetime, that rity by reducing its biggest threat— have a very good track record when it child can expect to pay $187 thousand massive interest payments. If left un- comes to trying to stimulate our econ- in taxes just to cover the interest pay- checked, these payments will dramati- omy. Bruce Bartlett of the National ments on this debt—debt he had noth- cally reduce the money available for Center for Policy Analysis, points out ing to do with creating, but debt which Social Security benefits. A balanced that since November of 1948, there have will substantially limit his opportuni- budget amendment will keep interest been seven recessions, followed by ties in life. payments from increasing and will ‘‘anti-recession’’ legislation. In each Mr. President, just look at the strain allow more money to be spent on instance, the recession the legislation current interest payments are putting meaningful programs, including Social was designed to end was over by the on our national resources. Interest Security. time the legislation was finally passed. payments consume about 15 percent of Another argument put forth by oppo- In fact, Bartlett concluded that ‘‘With- the Federal budget, and they are now nents of a balanced budget amendment out exception, stimulus programs have the third largest item in the budget— is that it will transfer power over the failed to moderate the recessions at only Social Security and defense are purse strings to the judicial branch of which they were aimed, and have often larger. Last year, we spent a record government. This is a serious concern, sowed the seeds of the next recession.’’ Part of the reason for this is that $241 billion on interest payments to but one which is misplaced. One of the Government jobs are very expensive to service the national debt. That is more reasons why the courts will not become create. President Carter’s budget direc- than double the amount of money the unduly involved in the budgetary proc- tor testified before the Joint Economic Government spent on education, train- ess is the doctrine of ‘‘standing’’ con- Committee in 1980 that public works ing, crime, and transportation com- tained in article III of the Constitu- jobs cost between $70,000 and $198,000 bined. tion. The doctrine of standing requires Mr. President, we cannot afford to that a plaintiff has a direct and spe- per job per year. The truth is, Mr. President, Congress should not be in continue wasting the taxpayers money cific, personal stake or injury. A ‘‘gen- the business of trying to micro-manage in this fashion. This must stop, and the eralized’’ public grievance, such as a our economy. If Congress cannot even balanced budget amendment will help taxpayer adversely affected by macro- balance its own books, why do oppo- stop it by ending deficit spending and economic decisions, will not be recog- nents of the balanced budget amend- the growing interest payments on the nized. Moreover, the courts will owe ment believe Congress can manage the national debt. deference to Congress under both the However, the opponents of a balanced ‘‘political question’’ doctrine and sec- entire economy? Mr. President, the decision before us budget amendment have put forth tion 6 of the amendment itself which is a simple one. It is a choice of fiscal many false arguments to try to confuse gives Congress the enforcement author- responsibility or fiscal foolishness. It is the issue. I want to address several of ity. Another objection to the balanced a choice of protecting our children’s fi- these arguments one by one. nancial future or destroying it. It is a The most deceptive argument oppo- budget amendment is that it does not choice of allowing the 50 States to have nents of a balanced budget amendment provide for a capital budget. The argu- a say in this matter or denying them use is that this amendment will hurt ment here is that just as most families that freedom. In the end, Mr. Presi- the Social Security system, unless So- need to borrow money for large pur- dent, it is a question, as Thomas Jef- cial Security is specifically exempted chases, such as a home, the Federal ferson said, between right and wrong, Government should also have the abil- from the amendment. Mr. President, and I urge my colleagues to do the ity to borrow money for capital invest- nothing could be farther from the right thing and vote for the balanced ments. Those who hold that view, point truth. If the Social Security system is budget amendment to the Constitu- out that if families had to live under left as the only area of the budget tion. which does not have to come into bal- the same circumstances imposed on the Mr. President, the decision before us ance, then future Congresses will have federal Government by a balanced today is the most important one that a tremendous incentive to take the budget amendment, no one would be this Senate will make in the 105th Con- FICA revenues, which currently fund able to purchase a home. gress. Let there be no doubt about it. the Social Security system, and use Mr. President, comparing the Federal Since the last balanced budget in 1969, them to help fund all other areas of the Government to the typical family pur- deficit spending has become a perma- budget which must be balanced. That chasing a home is a very misleading nent way of life in Washington. The re- would leave the Social Security system comparison. The Federal Government sult, as we all know, is a $5.3 trillion in serious financial trouble. has an annual budget of more than $1.6 national debt. This debt is costing the Second, exempting Social Security trillion and the ability to increase its taxpayers of America a quarter of a from the balanced budget amendment income at will by raising taxes. There trillion dollars each year in interest would further threaten Social Security is virtually no project conceivable payments alone. The reality is that by allowing Congress to move pro- which the Federal Government could without a balanced budget amendment, grams out of the area of the budget not afford to finance without incurring deficit spending will continue as usual which must be balanced and into the debt. Just consider that we built the and our children and our grandchildren exempt Social Security system. This entire interstate highway system on a will be left to pay the bill. would be a heavy drain on the money pay-as-you-go basis. The price of a Mr. President, now that the debate is originally collected for Social Secu- home can easily be three times as over and all of the smoke has cleared, rity. much as the annual income of a family, we are faced with a simple choice be- Finally, the whole point of the bal- which is why they need to borrow tween fiscal responsibility or fiscal anced budget amendment is to put an money to purchase it. By comparison, foolishness, a choice of protecting our end to deficit spending. But, as the So- if the Federal Government wanted to children’s financial future or destroy- cial Security trustees tell us, there are undertake a project three times the ing it, a choice of allowing 50 States to massive deficits projected in the sys- amount of its annual income, the have a say in the matter or denying tem in just a few short years. There- project would need to cost $4.8 trillion them that freedom. fore, while the rest of the budget is bal- in 1 year. That is simply ludicrous. The The PRESIDING OFFICER. The Sen- anced, the Government will still be truth is that with the amount of re- ator from Utah. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1903

Mr. HATCH. Mr. President, I yield 1 some of the arguments against this Senator HATCH, has been on this floor minute to the distinguished Senator amendment, such as in the letters I re- each and every day of this debate argu- from Washington. ceive from special interest groups. For ing in favor of this amendment, and I The PRESIDING OFFICER. The Sen- instance, opponents claim that the believe he best put this whole issue of ator from Washington. amendment would limit the Federal interest payments in perspective. If my Mr. GORTON. Mr. President, the eco- Government’s ability to address short- colleagues will indulge me, I would like nomic arguments for this constitu- term economic crises or threats to our to reiterate some of my colleague’s tional amendment were eloquently national security. Well, we have heard comments from a couple of weeks ago stated—lower interest rates, more jobs, this argument on numerous occasions because I think they need to be con- and a higher standard of living for over the past few weeks, as well as over tinuously repeated in order to drive Americans in the future. the years. Many of my colleagues have home the importance of balancing the I want to emphasize that the moral addressed this issue, and in fact, we budget and ending the escalation of our arguments favor this constitutional have even voted on several amend- national debt. amendment. Mr. President, it is simply ments relative to these concerns. As my friend from Utah stated once morally wrong for us, year after year Section 1 and section 5 of the amend- before, the Federal Government spent after year, to consume the services of ment, as it is currently written and more money last year on net interest government and to send the bills to our was reported by the Committee on the payments than it did for the combined children and to our grandchildren, who Judiciary, provide Congress with the budgets of the Department of Com- have not had a voice in this body. We ability to waive the requirements of merce, the Department of Agriculture, must be responsible enough to see to it the amendment, so I do not find this the Department of Education, the De- that what we want from government argument against the amendment to be partment of Energy, the Department of today we pay for today. The fact is particularly compelling. Justice, the Department of the Inte- that we will not do it without a con- Another often repeated argument rior, the Department of Housing and stitutional amendment, as evidenced against the amendment claims that Urban Development, the Department of by the heavy stack of unbalanced budg- Congress can balance the budget on its Labor, the Department of State, and ets in front of the leader of the debate own without passing the balanced the Department of Transportation. Our on this issue. budget constitutional amendment. inability to balance the budget over This balanced budget is for our chil- Well, folks, I have been a member of the years has contributed to an enor- dren and our grandchildren. this institution for 10 years now, and I mous debt which requires more money Mr. HATCH. Mr. President, I yield 1 have yet to see a balanced budget or to service annually than we are able to minute to the Senator from Colorado. one that even approaches balance. In put toward the combined budgets of The PRESIDING OFFICER. The Sen- fact, there has not been a balanced ten departments within the Federal ator from Colorado. budget since 1969. Congress has even Government. Mr. CAMPBELL. Thank you, Mr. passed deficit-reduction legislation on If we do not get a handle on the budg- President. I thank my friend and col- numerous occasions in an effort to et, we will continue to add to our na- league, Senator HATCH, who has put so achieve a balanced budget, and we still tional debt. In the long-term this debt, much effort into this issue. cannot get to a balanced budget. and the costs that accrue in interest, Mr. President, as the Senate prepares This constitutional amendment will will endanger the funding for those for the final vote on the balanced budg- make the Federal Government ac- programs that truly need, deserve, and et constitutional amendment, I again countable to the Constitution when require Federal funding. Of course, as offer my support for the passage of this formulating a budget, and by doing so, this problem continues to escalate, it critical piece of legislation. this amendment will force the Federal will be our children and our children’s Over the course of the last several Government to behave in a fiscally re- children who will be forced to deal with weeks, I have listened to many of my sponsible manner just as more than this problem. It will be they who will colleagues as they have come to the half of the States are already required be hurt by low levels of funding—all be- floor to debate the merits or the det- to do. cause we did not seize the opportunity riments of the amendment. I have lis- Again, opponents argue that a bal- to pass the balanced budget constitu- tened to many of my constituents dur- anced budget constitutional amend- tional amendment. ing my travels through Colorado, most ment will only lead to devastating cuts And yet, there are still those who op- recently at town meetings in Colorado to many federally funded programs. pose the balanced budget constitu- Springs, Trinidad, Longmont, Greeley, Well, I certainly do not argue that this tional amendment—who think that and Golden. I also have reviewed mail amendment will not force Congress and Congress can balance the budget on its that has come into my office here in the administration to make some own. Well, we have not done so in the Washington, DC, addressing this impor- tough choices. Tough choices need to last 28 years, and without this amend- tant issue. And I must say I am greatly be made in order to balance the budget. ment I see no possible way that we can pleased by the large number of people But what is the alternative? do so. If we were able to pass a budget who support the balanced budget con- Because of our inability to balance plan this year which would balance the stitutional amendment. the budget, we continually run a defi- budget by the year 2002, without the As I’ve indicated, I have been con- cit each year. Our country currently constitutional requirement there is ducting a series of town meetings in has a national debt of over $5.3 tril- nothing to stop future Congresses and my home State of Colorado. When the lion—and it is growing—and each and future administrations from imple- discussion turns to balancing the budg- every year the Federal Government menting unbalanced budgets. et, the majority of Coloradans realize pays interest on this debt. In fiscal And each year we fail to balance the that we can only begin to address this year 1996, this Government spent $344 budget, we run a deficit. These deficits issue with constitutional authority. I billion on interest costs, roughly 15 will continue to add to the debt, in- have also received numerous letters percent of the entire Federal budget for creasing it and the size of the interest from special interest groups located that year. Let me repeat this. The Fed- payments on the debt we leave to our here in Washington, DC, asking me to eral Government spent $344 billion on children. It is estimated that in the vote against the will of the American interest costs last year, and of this $344 year 2002 the interest payments will be people and against the amendment. billion, not $1 of it went to education, $412 billion. It will continue to increase Well, I am not going to do that. I sup- law enforcement, highways, or even thereafter unless we find the fortitude port the balanced budget constitu- healthcare. At 15 percent of the Fed- to control our spending. tional amendment and have supported eral budget, interest costs are our third You know, as legislators we should it since becoming a Member of Con- largest expenditure, and it continues to realize that our constituents expect gress back in 1987. grow. certain things of us and of the Federal I believe this amendment is in the What does this mean? It means that Government, and they rightly should. best interest of the future of this coun- our national debt is strangling the rest They trust us when we pledge our sup- try, and I become frustrated to hear of the budget. My friend and colleague, port for legislation such as this, and S1904 CONGRESSIONAL RECORD — SENATE March 4, 1997 they have a right to expect our support Mr. HATCH. Mr. President, I yield 1 budget five times since 1950. In fact, we when the time comes to vote. All of us minute to the distinguished Senator have debated this amendment, in the meet with constituents and constitu- from Georgia. last two decades, in 1982, 1986, 1990, ency groups, and barely a day goes by Mr. COVERDELL. Mr. President, any 1992, 1994, 1995, 1996, and now here in that we do not hear someone asking for time a contemporary generation is en- 1997. And guess what? We don’t have a our support for funding for certain pro- gaged in the business of consuming the statutory balanced budget. The fact is grams or to work to increase funding resources of generations yet to come, the opponents of the balanced budget for others. However, the fact of the they are in the business of abrogating amendment understand that you can’t matter is that money is scarce, and if the freedom of generations yet to have a constitutional amendment with- we continue to run deficits and add to come. This democracy was formed in a out achieving a balanced budget. the national debt, it is going to become war for economic freedom and inde- Mr. KYL. Mr. President, it now ap- increasingly difficult to fund programs pendence. As you look to the children pears that the balanced budget amend- at the level they need and deserve. yet to come, we are in the business of ment will pass or fail by a single vote. This body is going to vote on the bal- robbing them of the choices and the If the amendment is defeated, I would anced budget constitutional amend- freedoms we have known as American venture that there is a greater chance ment, and it makes me angry to think people. The balanced budget amend- that UFO’s will land on Earth tomor- it may fail to pass—once again by pos- ment to the Constitution is an act that row than there is that the Federal Gov- sibly only one vote. It makes me angry must be engaged in in order to preserve ernment will actually balance its because this legislation and all of the the freedoms that we have known as books by the year 2002. It is unlikely same debates will continue to come up Americans for all those generations yet that Congress and the President will in future Congresses until one Congress to come. ever balance the budget without a con- has the good sense and courage to pass My mother and father kept 80 per- stitutional requirement to do so. this measure and send it on to the cent of their wages to raise their fam- Two years ago, President Clinton ve- States where it rightly belongs for ily. My sister will keep 46 percent, and toed a balanced budget—the first bal- ratification. As Members of the United her children will keep 16 percent. They anced budget to pass Congress in 26 States Congress, we often think that will not be free as we know it. years. Not one Senate Democrat voted we know best on every single issue. We need to pass the balanced budget for the plan. And of course, since it Well, this is an issue we should send to amendment to the Constitution. would have taken 67 votes in the Sen- the States and the American people, to The PRESIDING OFFICER. The Sen- ate to override the President’s veto, finally provide them with the oppor- ator from Utah. the balanced budget never became law. tunity to debate the merits of this Mr. HATCH. Mr. President, I yield 1 President Clinton now says he has amendment and allow them to have the or 2 minutes to the distinguished Sen- changed his mind—that he is for a bal- final decision. ator from Maine. anced budget, but once again his sup- The PRESIDING OFFICER. The Sen- Mr. President, for 3 weeks we have port is conditional: we have to wait ator from Maine. seen every chart, we have viewed every until after he leaves office to make 98.5 Ms. SNOWE. Mr. President, I thank graph, we have heard every point of percent of the savings required to get the Senator for yielding and com- view, and in some cases we have looked there. Until then, it is business as pliment him on his leadership on this for every hole in which to hide in an ef- usual. The President would create six very important issue. fort to scuttle the balanced budget new entitlement programs, costing at Here we are having the same debate least $60 billion over the next 5 years. amendment. on the same issue and the same rever- In my view, the American people are He would have us increase total Fed- sal of positions by Senators who have eral outlays by $827 billion over that not buying any more excuses, nor previously supported this amendment— should they. The American people period. We can do all this, yet somehow the same excuses and the same prob- the deficit magically disappears in know that their elected leaders, just lems. We don’t have a balanced budget like the wage earner in their house- 2002. amendment. Two years ago the oppo- I am reminded of the old Peanuts hold, cannot spend themselves into nents of the balanced budget amend- cartoon when Lucy promises time and prosperity. Regardless of our own per- ment said a constitutional amendment again to hold the football still for sonal and varying views in this Cham- isn’t necessary in order to achieve a Charlie Brown, only to pull it away at ber, one inescapable question remains. balanced budget; that, in fact, the con- the last minute. Every Republican Sen- That question is: Do we trust the peo- stitutional amendment is only an en- ator will vote for this amendment. A ple of this Nation? By not passing this forcement mechanism, but it isn’t the few Democrats will vote for it, too. An amendment we are telling them that balanced budget plan itself. They ad- overwhelming majority of the Amer- we do not trust them, that we don’t monished Republicans by saying, ican people want us to pass it. Yet trust them to do the right thing in ‘‘Show us your plan. Show us your President Clinton and most Senate making decisions that will affect our plan.’’ The President, in the State of Democrats ask us to trust them—they lives. We, from our lofty perch in the the Union Address in February, ex- do not need a constitutional amend- U.S. Senate, will relieve them of the pressed the same sentiment. He said, ment to balance the budget. decision by not letting them discuss ‘‘Rewriting the Constitution isn’t nec- How do we know that, in 3 or 4 years, the balanced budget amendment in essary to balance the budget. All we when it finally comes time to get seri- their State legislatures and in their need is your vote and my signature.’’ ous about deficit reduction under the hometowns. No one knows if the nec- Exactly, Mr. President. Republicans Clinton budget, they will not yank essary 38 States would actually ratify delivered a balanced budget plan last away their support for a balanced the balanced budget amendment. But year statutorily. We delivered a plan. budget again? to not even allow the citizens of our We delivered it to the President of the Mr. President, we must pass the bal- home State the opportunity to review United States. The President dem- anced budget amendment. it, I find rather arrogant on our part. onstrated with the swift stroke of the Mr. HATCH. I thank my colleague. Let’s not insult our constituents with pen the need for a balanced budget I yield 1 minute to the distinguished that denial. They do not take this issue amendment because he vetoed that leg- Senator from Ohio. lightly any more than we do. But they islation. The PRESIDING OFFICER. The Sen- also know that eight balanced budgets History has proven that a force ator from Ohio is recognized. out of 66 years simply isn’t good greater than politics is necessary in Mr. DEWINE. Mr. President, the last enough for America. this institution in order to achieve a time we had a balanced budget in this Let’s pass this important bill and balanced budget. History has proven country, as my colleague from Maine give this Nation a chance. the repeated failures of statutory at- has pointed out, was 1969. I happened to I yield the floor. tempts to balance the budget. The last be at that time a senior in college. I The PRESIDING OFFICER. The Sen- time we had a balanced budget was in turned 50 this year. It has been a long ator from Utah. 1969. We have only had a balanced time. A lot of things have happened March 4, 1997 CONGRESSIONAL RECORD — SENATE S1905 since 1969. The one thing that has not for 20 or 25 years. This is our oppor- Therefore, Congressman CHARLIE happened is for this Congress and the tunity to do it. If we do not do it now, STENHOLM and I submitted several President to balance the budget. I do not think we will be able to do it more questions to CRS. It is, frankly, time that we stopped in the near future. This is a moral We asked CRS to compare, in several spending our children’s money. It is issue, Mr. President, we have to meet. areas, the impact of two different kinds time we stopped spending our grand- The PRESIDING OFFICER. The Sen- of balanced budget amendments: One children’s money and great-grand- ator from Utah. that excluded Social Security from children’s money. We need to balance Mr. HATCH. Mr. President, I thank budget calculations, as several amend- the budget. Within the next 2 hours, I my colleague for his excellent state- ments to Senate Joint Resolution 1 intend to cast a ‘‘yea’’ vote for a bal- ment. would have; and one that counts all anced budget amendment to the Con- I yield 1 minute to the distinguished Federal spending in the budget, as does stitution. Senator from Kansas. Senate Joint Resolution 1 as reported. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- I ask unanimous consent that a table ator from Utah. ator from Kansas is recognized. Mr. BROWNBACK. I thank the Chair. summarizing the results of this memo Mr. HATCH. Mr. President, I yield 1 be printed in the RECORD. minute to the distinguished Senator I appreciate that. I am honored to be able to address There being no objection, the sum- from Texas. mary was ordered to be printed in the The PRESIDING OFFICER. The Sen- this body today once again on the im- RECORD, as follows: ator from Texas is recognized. portance of a balanced budget amend- Mrs. HUTCHISON. I thank the Chair. ment to the Constitution. SUMMARY OF CRS MEMO TO SENATOR CRAIG I thank the Senator from Utah. Balancing the budget is simply no AND CONGRESSMAN STENHOLM, FEBRUARY 26, I will quote Ronald Reagan, who said longer an option. The future of our 1997 in 1985: children literally hangs in the balance. CRS Analyzed five Balanced Budget Amendment proposals: S.J. Res. 1/H.J. Res. 1 Almost 50 years of deficit spending has fi- Every day we spend debating this issue, (consensus bipartisan) which requires gov- nally brought us to a time of reckoning. We we add billions of dollars to the deficit. ernment-wide budget calculations; S.J. Res. have come to a turning point, a moment for We have to give ourselves the tools to 12/H.J. Res. 50 (Dorgan/Pomeroy) and the the hard decisions. If not us, who? If not be able to assure that we can stay in Reid Amendment, which would exclude So- now, when? Let us make it unconstitutional balance. cial Security from budget calculations. CRS for the Federal Government to spend more This is an astounding fact, but in the conclusions: than the Federal Government takes in. February issue of Nation’s Business A very simple notion. Ronald they state that unless Government EFFECTS OF BBA PROVISIONS ON SOCIAL SECURITY Reagan, our President, said this in 1985. spending policies are altered, the aver- It is 1997, and we have not yet taken S.J. Res. age—the average—net tax burden on S.J. Res. 1/ 12/ the action the American people have Americans born between 1960 and 1993 H.J. Res. 1 H.J. Res. asked us to take, to make it unconsti- will soar from the current 34 percent to 50/Reid tutional to mortgage the futures of our 85 percent of their lifetime incomes. Change the current method of investing Social children and grandchildren. That is the Security surpluses in Treasury securities? ... No No That is 85 percent lifetime income Allow the drawdown (as planned in the 1983 vote today. The Republicans are going going to taxes. It is thoroughly rep- law) of Social Security trust funds to pay to keep their promise. We will be back for promised benefits? ...... Yes Yes rehensible to allow our children to be Repeal current statutory ‘‘firewalls’’ protecting again until we win this fight so that taxed at this rate simply because we do Social Security balances? ...... No No when we leave this place, we will know Protect Social Security by requiring a 3⁄5 vote not have the courage to do what is to change the law and deplete Social Secu- we have done our duty to protect the right. rity balances? ...... Yes No future of this great country that so How can we do this to our children? many people have died to defend. It is imperative that we pass a bal- Mr. CRAIG. There are compelling I thank the Chair. anced budget amendment to the Con- reasons for not excluding Social Secu- The PRESIDING OFFICER. The Sen- stitution for the kids. rity from budget calculations. Some ator from Utah. I thank the Chair. I yield back my Senators may feel there are good rea- Mr. HATCH. I thank my colleague time. sons for that exclusion. Some Senators from Texas. The PRESIDING OFFICER. The Sen- may feel there are good reasons to vote I yield 1 minute to the distinguished ator from Utah. against Senate Joint Resolution 1. Senator from Oklahoma. Mr. HATCH. Mr. President, I yield a But this table and the CRS memo it The PRESIDING OFFICER. The Sen- couple of minutes to the distinguished summarizes convincingly show that ator from Oklahoma. Senator from Idaho, who has led the several of the reasons offered for voting Mr. INHOFE. I thank the Chair. fight for this amendment in the House, I think this is a very significant day. against Senate Joint Resolution 1 sim- along with Congressman STENHOLM ply do not stand up. We had a very blessed event over the and, of course, played a pivotal role in weekend at my house. We had our fifth In three key respects, S.J.Res. 1 and leading the fight for it each time we the amendments to exclude Social Se- grandchild. And when little Mollie brought it up in the Senate as long as Elizabeth Inhofe was born, I say to curity, such as the Reid and Dorgan he has been here, Senator CRAIG. amendments, would operate identi- Senator THURMOND, she inherited a The PRESIDING OFFICER. The sen- cally. $20,000 personal debt. I remember it ior Senator from Idaho is recognized. was only a year before when little Jase, Mr. CRAIG. I thank the Chair. I First, neither approach would change our fourth grandchild, was born. He in- thank the senior Senator from Utah for the way Social Security surpluses are herited a $19,000 debt. So it is going up his tremendous leadership on this issue invested in Treasury bonds. Some have every year. and the hours of debate he has con- called that raiding the trust funds. But When I look over, I see Senator ducted in the Chamber in behalf of the the Social Security Act required that HAGEL from Nebraska. You do not have passage of a balanced budget amend- from the start, because Treasury bonds to go back just to the Reagan adminis- ment to our Constitution. are the safest investment in the world. tration. If you go back long before Mr. President, I feel compelled to If the Social Security trust funds are that, one of our very fine Senators, rise one more time to discuss how the being raided today, and if that so- Carl Curtis, had an idea that he would Social Security trust funds would be called raiding continued under Senate balance the budget by getting the treated under the balanced budget Joint Resolution 1, then it would also States to preratify it. It was an inge- amendment, Senate Joint Resolution 1. continue under the Dorgan, Reid, and nious idea, and it did not work, even Unfortunately, day after day, we Feinstein amendments. though in the State legislature, I was hear reference made to what the Con- Those amendments don’t change the the first State legislator to get it gressional Research Service supposedly law in this area. preratified. said about this subject. So there’s no reason here to vote for So we have something we are faced It is about time to put these issues to those amendments and against Senate with today that we have been fighting rest, once and for all. Joint Resolution 1. S1906 CONGRESSIONAL RECORD — SENATE March 4, 1997 Second, consistent with its two pre- copy of the CRS memo we recently re- This process has been variously character- vious memos, this new CRS memo con- ceived and bipartisan materials we dis- ized as ‘‘raiding the trust funds’’ versus ‘‘in- firms again that the following is equal- tributed analyzing the various CRS vesting Social Security surpluses in the safest investment in the world’’. But either ly true for both approaches: The Treas- memos. way, one thing is clear: Neither S.J. Res. 1 ury will redeem Treasury bonds held by There being no objection, the memo- nor S.J. Res. 12 would change in any way the the Social Security trust funds; the randa was ordered to be printed in the process of investing trust fund surpluses in Treasury will repay cash borrowed RECORD, as follows: Treasury securities. from the trust funds; and the trust CLUBB—CONGRESSIONAL LEADERS UNITED FOR The DEBT is the threat to Social Secu- funds will pay out benefits as promised. A BALANCED BUDGET rity—and to other priorities and to our fu- ture standard of living. Under current CRS—THE REST OF THE STORY I want to emphasize the consistency trends, over the years 2002–2007 (the first 6 of CRS here. Social Security Trust Funds and the BBA years in which the Balanced Budget Amend- The February 5 CRS memo was mis- The Congressional Research Service has ment would be effective), the amount of fed- understood and misrepresented. Some prepared a memo in response to questions eral debt held by the public will increase by continue to make the misstatements from Rep. Stenholm and Sen. Craig, compar- $1.47 trillion. No one can argue that another today. ing several key operations of the Social Se- $1.47 trillion in debt is good for Social Secu- CRS clarified that misunderstanding curity trust funds under two different kinds rity. in a February 12 memo. But the of balanced budget amendment to the Con- Reasonable persons can disagree over stitution. which version, overall, offers the better pro- misstatements continue. The February 26 CRS memo compared S.J. tection for Social Security. But the only way This newer CRS memo makes it clear Res. 1 (and it companion, H.J. Res. 1) on the to ensure any protection for Social Security that, if there were a problem drawing one hand, with S.J. Res. 12 (and its compan- is for Congress to pass a strong, effective upon Social Security surpluses in the ion H.J. Res. 50, as well as the Reid amend- Balanced Budget Amendment and send it to future under Senate Joint Resolution ment #8). S.J. Res. 1 requires a balanced the states for ratification. 1—and there is not—then the same ‘‘unified’’ budget (i.e., total federal outlays problem would exist under the Reid would not exceed total receipts), while S.J. CONGRESSIONAL RESEARCH SERVICE, Res. 12 would exclude Social Security from LIBRARY OF CONGRESS, and Dorgan amendments. budget calculations. Washington, DC, February 26, 1997. So there’s no reason here to vote for The CRS memo confirms that the treatment of From: David Koitz, Specialist in Social Leg- those amendments and against Senate the Social Security trust funds would be islation, Education and Public Welfare Joint Resolution 1. identical in several key ways under both Division, and Johnny H. Killian, Senior Third, neither version would over- versions. Specialist in American Constitutional turn the current law that protects the Neither version would change the current Law, American Law Division. balances of the Social Security trust law requirement that trust fund surpluses Subject: Treatment of Social Security under must be invested in U.S. Treasury securities. the Balanced Budget Amendment. funds. This memorandum is in response to four Under either version (as well as under cur- Under the Budget Enforcement Act specific questions you and Representative rent law), that requirement could be changed of 1990, there are points of order—a 60- Charles Stenholm raised with regard to five vote point of order in the Senate— by amending the Social Security Act. pending legislative measures to adopt a con- Neither version would affect the legal obli- stitutional amendment requiring a balanced against any legislation that would gation of the Treasury to repay these bor- federal budget. These measures include H.J. change trust fund outlays or receipts rowings to the trust funds when the appro- Res. 1 and S.J. Res. 1, both of which pre- in a way that would erode the balances priate time came to draw down trust fund scribe a ‘‘unified’’ balanced federal budget in the trust funds. surpluses and make promised benefit pay- that would count all receipts and outlays of So there’s no reason here to vote for ments. (This would occur when Social Secu- the federal government. H.J. Res. 50 and S.J. those amendments and against Senate rity is projected to start running annual Res. 12, and an amendment to S.J. Res. 1 by Joint Resolution 1. deficits in 2019, while it still retains an accu- Senator Reid, offered on February 24, 1997, Fourth, in a fourth key area, one ver- mulated surplus.) This is the issue raised in would not count the receipts and outlays of sion, Senate Joint Resolution 1, would connection with the much-discussed and dis- the Social Security trust funds for purposes puted CRS memo of February 5. of satisfying the requirements of the bal- take the current, statutory process of Neither version would change or overturn protecting the Social Security bal- anced budget amendment. Your questions provisions in the Budget Enforcement Act of and our responses follow. ances, and elevate it into the Constitu- 1990 that protect the balances in the trust Question #1. What differences, if any, would tion. funds. The BEA includes points of order—in- the different amendments mentioned above Senate Joint Resolution 1 prohibits cluding a 60-vote point of order in the Sen- have on the ability of the Social Security any change that would increase deficits ate—against any legislation that would trust funds to invest annual surpluses in or reduce surpluses—including those in change trust fund outlays on receipts in a Treasury bills? way that would erode trust fund balances. the Social Security trust fund bal- Answer: The five measures all include the ances. The CRS memo pointed out one difference in the same language requiring approval of ‘‘three- impact of the different amendments: fifths of the whole number of each House’’ to The Dorgan, Feinstein, and Reid S.J. Res. 1 essentially would elevate the increase the portion of the federal debt held amendments, by contrast, would allow BEA protections to constitutional status, by by the public. However, none of the bills the Social Security trust funds to run requiring a 3/5 vote to approve any change places a limit on raising the government’s unlimited deficits. that would increase deficits or reduce sur- gross federal debt, which includes both debt Whether you have been for or against pluses, including those in the Social Secu- held by the public and debt held in govern- amendments excluding Social Security rity trust fund balances. ment accounts such as the Social Security trust funds, or on the portion of the debt from the budget calculations, those The February 26 CRS memo should put some is- held in government accounts. Therefore, sues to rest, once and for all amendments did not pass. there would be no restrictions beyond those Now, if you really care about Social Whatever preference one may have on any of current law that would explicitly limit Security, you will still vote for Senate other basis, the ‘‘drawdown’’ issue is not a the investment of surplus Social Security in- Joint Resolution 1 on final passage. reason to prefer S.J. Res. 12, nor a reason to come in the Social Security trust funds. Under the status quo, we will add an- vote against S.J. Res. 1. Current law (P.L. 104–121) does place an ex- other $3 trillion to the national debt The February 5 CRS memo was incorrectly plicit limit of $5.5 trillion on the govern- cited as saying that, beginning in 2019, S.J. over the next 10 years. ment’s gross debt, and this potentially could Res. 1 would make it harder to draw down constrain the Secretary of the Treasury from Does anyone think that adding near- accumulated trust fund surpluses in order to purchasing additional federal securities for ly another $3 trillion to the debt is pay promised Social Security benefits. No the trust funds with surplus Social Security good for Social Security? matter how that memo is interpreted, CRS income if the amount of outstanding gross The debt is the threat to Social Secu- has now made it crystal-clear: Both S.J. Res. federal debt bumps against this ceiling. rity. The debt is the threat to our chil- 1 and S.J. Res. 12 (Dorgan-Reid) would have Whether this explicit limit on gross federal dren and their standard of living. exactly the same impact on Social Security debt would be continued, raised, or abolished Passing the balanced budget amend- drawdowns and benefit payments. in the event of passage of any of the pending Whatever preference one may have on any ment, Senate Joint Resolution 1, is the measures to create a constitutional limita- other basis, the issue of the Treasury bor- tion on publicly-held debt is a matter of con- answer. rowing the Social Security surpluses is not a jecture. I ask unanimous consent that the fol- reason to prefer S.J. Res. 12, nor a reason to Question #2: What differences, if any, would lowing be included in the RECORD: A vote against S.J. Res. 1. the amendments have on the obligation of March 4, 1997 CONGRESSIONAL RECORD — SENATE S1907

the federal government to redeem the Treas- lation that would reduce Social Security re- AMERICAN LEGISLATIVE ury bills held by the Social Security trust ceipts or increase expenditures (without off- EXCHANGE COUNCIL, funds? setting measures). Although in the House a Washington, DC. Answer: Section 201 of Title II of the Social simple majority may override any objection An Open Letter to Congress from U.S. Security Act provides for a drawdown of the raised against such measures, it takes three- Economists. Social Security trust funds to pay for bene- fifths approval of the whole Senate to do so. It is time to acknowledge that mere stat- fits and administrative expenses of the pro- utes that purport to control federal spending gram. None of the five bills explicitly Mr. CRAIG. Mr. President, last week or deficits have failed. It is time to adopt hinders the operations of this section of law. several Senators and Representatives constitutional control through a Balanced Question #3: What differences, if any, would held a bipartisan, bicameral press Budget Amendment. In supporting such an the different amendments mentioned above event on the Capitol Grounds. Among amendment, Congress can control the federal have on the ability of the federal govern- government’s spending proclivities by set- ment to increase the limit on the debt held other things, we received a letter, ting up control machinery external to its by the public in order to borrow money to re- signed by more than 250 economists, own internal operations, machinery that will deem Treasury bills held by the Social Secu- endorsing the balanced budget amend- not be so easily neglected and abandoned. rity trust funds if the receipts of the federal ment to the Constitution. The letter Why do we need the Balanced Budget government other than Social Security reve- was put together by the American Leg- Amendment now, when no such constitu- nues are not sufficient to cover the outlays islative Exchange Council, the largest tional provision existed for two centuries? of the government other than Social Secu- The answer is clear. Up until resent decades, rity and redeem Treasury bills held by the bipartisan individual association of the principle that government should bal- Social Security Administration. State legislators in the country. ance is budget in peacetime was a part of our Answer: The five measures all include the These economists, from both sides of effective constitution, even if not formally same language requiring approval of ‘‘three- the political aisle, have signed an open written down. Before the Keynesian-inspired fifths of the whole number of each House’’ to shift in thinking about fiscal matters, it was increase the portion of the federal debt held letter to Congress, asking us to ap- universally considered immoral to incur by the public. Hence, if it were necessary to prove the balanced budget amendment. debts, except in periods of emergency (wars borrow money from the public over and Both Republicans and Democrats, con- or major depressions). We have lost the above this limit in order to cover non-Social servatives and liberals, they have based moral sense of fiscal responsibility that Security outlays and make good, as well, on their support of the balanced budget served to make formal constitutional con- government securities held by the Social Se- amendment upon sound reasoning and straints unnecessary. While we can’t legis- curity trust funds, all five measures set forth a concern that America’s future will be late a change in political morality; we can an identical prohibition. put formal constitutional constraints into As with any debt ceiling limitation set by crippled if Federal deficits are allowed place. law, if the government’s income were less to continue. Among the signatories are The effects of the Balanced Budget Amend- than its outlays and the Treasury Depart- James Buchanan, a Nobel laureate in ment would be both real and symbolic. Elect- ment had reached a legal limit on borrowing economics, as well as William E. ed politicians would be required to make fis- set forth by one or another of the proposed Simon, who served as Secretary of the cal choices within meaningfully-constructed constitutional amendments, the operations Treasury from 1974 to 1977. boundaries; they would be required to weigh of the federal government as a whole would predicted benefits against predicted tax be jeopardized. How any single program or The balanced budget amendment is costs. They would be forced to behave ‘‘re- function of the government would be af- not a partisan issue—it is an economic sponsibly,’’ as this word is understood by the fected is a matter of conjecture. Although and moral issue. We need to recognize citizenry, and knowledge of this fact would there appears to be some flexibility under that through deficit spending we are do much to restore the confidence of citizens current law with respect to continuing cer- in governmental processes. Important deci- tain essential services in the event of a debt selfishly spending on ourselves today sions (such as the fate of entitlement pro- ceiling impasse, there is nothing in the five the earnings that will be confiscated grams facing financial insolvency) would be pending measures or in current law that from future generations without their faced sooner rather than later. would prioritize expenditures to be made consent or knowledge. It is important to recognize that the Bal- from the Treasury in that event. Whether anced Budget Amendment imposes proce- the enactment of any one of these five pro- The balanced budget amendment to dural constraints on the making of budg- posed constitutional amendments would best the Constitution imposes procedural etary choices. It does not take away the facilitate attaining the necessary three- constraints on the making of budg- power of the Congress to spend or tax. The fifths approval of both Houses to increase etary choices. It doesn’t take away the amendment requires only that the Congress the publicly-held portion of the debt or the power of the Congress to spend or tax. and the Executive spend no more than what passage of tax increases or spending reduc- The amendment requires only that the they collect in taxes. In its simplest terms, tions (or both) to obtain the resources to such an amendment amounts to little more make good on the liquidation of Social Secu- Congress and the Executive spend no than ‘‘honesty in budgeting.’’ If we as people rity trust fund securities also is a matter of more than what they collect on taxes. want a certain program, we—not future gen- conjecture. The effects of the balanced budget erations—should pay for it. Question #4: What differences, if any, would amendment would be real as well as Of course, we always pay for what we spend the different amendments mentioned above through government, as anywhere else. But have on the ability of Congress to enact leg- symbolic. Elected politicians would be those who pay for the government spending islation increasing outlays from the Social forced to act responsibly and make fis- that is financed by borrowing are taxpayers Security trust funds or reducing revenues cal choices within meaningfully con- in future years, those who must pay taxes to into the trust funds without obtaining a vote structed boundaries. Congress would be meet the ever-mounting interest obligations of three-fifths of the whole number of both faced with important decisions regard- that are already far too large an item in the Houses as required under the amendment. ing the financial fate of programs soon- federal budget. The immorality of the inter- Answer: H.J. Res. 1 and S.J. Res. 1 would er rather than later. In its simplest generational transfer that deficit financing require a vote of three-fifths of the whole represents cries out for correction. number of both Houses to enact legislation terms, the balanced budget amendment Opponents of the BBA often suggest that to reduce federal receipts or increase federal amounts to little more than honesty in Congress and the Executive must maintain outlays, including Social Security receipts budgeting. the budgetary flexibility to respond to emer- and outlays, in any year (in the absence of It is time to acknowledge that mere gency needs for expanding rates of spending. offsetting measures). These limitations This prospect is fully recognized, and the would not apply under H.J. Res. 50, S.J. Res. statutes that claim to control Federal Balanced Budget Amendment includes a pro- 12, and the amendment by Senator Reid spending or deficits have failed. It is vision that allows for approval of debt or since the definition of total receipts and time to adopt constitutional control deficits by a super-majority vote of those total outlays under these measures would ex- through a balanced budget amendment. elected to each house of Congress. clude the receipts and outlays of the Social Opponents also make the case that the Security trust funds. I ask unanimous consent to print in BBA in no way accounts for needed capital However, none of the five measures would the RECORD the letter that was signed spending which is more appropriately funded preclude the operation of the so-called Social by over 250 economists who believe through debt finance. In the ideal non-politi- Security ‘‘firewall’’ rules enacted in Budget that Congress must place constitu- cized world that BBA opponents imagine, it Enforcement Act of 1990 that permit points tional restraints on spending. may be correct to include a capital budget- of order to be raised against measures that ing provision. But just as politics intruded to would erode the balances of the Social Secu- There being no objection, the letter destroy the Keynesians’ vision of using defi- rity trust funds. Presumably, they would act was ordered to be printed in the cits and surpluses to rationally counter the as an impediment, as they do today, to legis- RECORD, as follows: business cycle, so too politics would intrude S1908 CONGRESSIONAL RECORD — SENATE March 4, 1997 here. In this case, we can well imagine all The citizens of Idaho are hard work- Congress tap into the wisdom displayed sorts of creative accounting and politicking ing, wise, and astute in their under- by Idahoans, the Nation’s State legisla- to make non-capital expenditures be labeled standing of the need for the BBA. They tors, and our country’s Founding Fa- as such. The past four decades demonstrate that know you don’t need to be clairvoyant thers by passing Senate Joint Resolu- debt finance is simply a way to fund short- to see what the future holds if our cur- tion 1 and sending the balanced budget term, not long-term benefits. Since the early rent course of fiscal irresponsibility is amendment to the Constitution to the 1960s, while deficits have risen tremendously, maintained. States for ratification. long-term federal investments (excluding de- Mr. President, I would ask unani- [Exhibit 1] fense) have remained at about 6 percent of mous consent that a copy of Idaho Sen- LEGISLATURE OF THE STATE OF IDAHO, SENATE GNP. But short-term federal benefits have ate Joint Memorial No. 102 be printed risen from about 6 percent of GNP to more JOINT MEMORIAL NO. 102 than double that. Politicians have used the in the RECORD at the end of my state- Whereas, the annual federal budget has not trillions in deficit financing over the past ment. been balanced since 1969, and the federal pub- decades to finance short-term benefits, not The PRESIDING OFFICER. Without lic debt is now more than five trillion dol- long-term. objection, it is do ordered. lars, or twenty thousand dollars for every When all is said and done, there is no ra- (See Exhibit 1.) man, woman and child in America; and tional argument against the Balanced Budg- Mr. CRAIG. Idaho is not the only Whereas, continued deficit spending dem- et Amendment. Simple observation of the State in the Union with wise citizens onstrates an unwillingness or inability of fiscal record of recent decades tells us that who have requested Congress send both the federal executive and legislative the procedures through which fiscal choices branches to spend no more than available are made are not working. The problem is them a balanced budget amendment to revenues; and not one that involves the wrong political the Constitution. Yesterday, along Whereas, fiscal irresponsibility at the fed- leaders or the wrong parties. The problem is with a bipartisan group of Senators eral level is lowering our standard of living, one where those whom we elect are required and Representatives, I accepted a let- destroying jobs, and endangering economic to function under the wrong set of rules, the ter delivered by the bipartisan Amer- opportunity now and for the next generation; wrong procedures. It is high time to get our ican Legislative Exchange Council in and fiscal house in order. which nearly 600 State legislators from Whereas, the federal government’s unlim- We can only imagine the increase in inves- across the country urge Congress to ap- ited ability to borrow raises questions about tor and business confidence, both domestic fundamental principles and responsibilities and foreign, that enactment of a Balanced prove a Federal BBA. of government, with potentially profound Budget Amendment would produce. Perhaps These State representatives have elo- consequences for the nation and its people, even more importantly, we could all regain quently articulated the momentous na- making it an appropriate subject for limita- confidence in ourselves, as a free people ture of, and need for, the BBA. They tion by the Constitution of the United under responsible constitutional govern- state that we ‘‘will be faced with many States; and ment. Whereas, the Constitution of the United (Signed by 253 economists.) historic opportunities to advance the American dream of freedom, oppor- States vests the ultimate responsibility to Mr. CRAIG. Mr. President, recently, tunity and prosperity. But none will be approve or disapprove constitutional amend- the citizens of Idaho, through their ments with the people, as represented by as significant as enacting and sending elected representatives in the State their elected state legislatures; and opposi- to the states for ratification a Con- legislature, called upon the Members of tion by a small minority repeatedly has stitutional Balanced Budget Amend- the U.S. Congress to pass a constitu- thwarted the will of the people that a Bal- ment.’’ tional amendment requiring a balanced anced Budget Amendment to the Constitu- Mr. President, I would ask unani- tion should be submitted to the states for budget. This is further proof that Ida- mous consent that a copy of the Amer- ratification; now, therefore, be it hoans are acutely aware of the dev- ican Legislative Exchange Council’s Resolved by the members of the First Regular astating impact 28 deficits in a row and Open Letter from State Legislators to Session of the Fifty-fourth Idaho Legislature, 36 unbalanced budgets in 37 years have the Senate and the House of Representatives Congress be printed in the RECORD at had on our country. concurring therein, That the Congress of the If asked, the overwhelming majority the end of my statement. United States expeditiously pass, and pro- of Idahoans would say it is not right to The PRESIDING OFFICER. Without pose to the legislatures of the several states saddle every child born today with objection, it is so ordered. for ratification, an amendment to the Con- nearly $200,000 in additional taxes just (See Exhibit 2.) stitution of the United States requiring, in the absence of a national emergency, that to pay interest on the national debt. Mr. CRAIG. As is pointed out in this letter, congressional passage is just the the total of all federal appropriations made Most Idahoans would say it is not by the Congress for any fiscal year may not right to rob future generations of the first step—next, during ratification, in State capitols and coffee shops, the exceed the total of all estimated federal rev- opportunity to participate in a vibrant, enues for that fiscal year; and be it further growing economy. They understand the American people would begin one of Resolved, That the Secretary of the Senate implications of the Congressional the greatest debates ever, one of the be, and she is hereby authorized and directed Budget Office’s words, that without greatest civics lessons ever, on the size to forward a copy of this Memorial to the changes in current tax and spend poli- and scope of their Federal Government. President of the Senate and the Speaker of cies, the Federal ‘‘debt would exceed Mr. President, 70 to 80 percent of the House of Representatives of Congress, levels the economy could reasonably Americans are calling on the Congress the congressional delegation representing the state of Idaho in the Congress of the support.’’ to pass the BBA and provide them with the opportunity to, once and for all, United States, and to the Secretary of State Most Idahoans can see the debt is the and the presiding officers of both houses of threat to Social Security and that no put our fiscal house in order. It is un- the Legislatures of each of the other states program, no matter how important, conscionable for us to ignore that call. in the Union. The wisdom of our Founding Fathers can survive the squeeze of increasing [Exhibit 2] interest payments on the debt—$344 is evident in the construction of our Constitution. They reached a delicate OPEN LETTER FROM STATE LEGISLATORS TO billion in fiscal year 1996. CONGRESS Idahoans have known for years that balance by creating a document strong enough to ultimately hold the States, DEAR MEMBER OF CONGRESS: As members of balancing the budget would have an the American Legislative Exchange Council immediate positive impact on Amer- with all their competing interests, to- (ALEC) we would like to take this oppor- ican families. In 1982 I was encouraged gether, yet with a mechanism allowing tunity to welcome the 105th Congress. It is by Idahoans to vote for BBA. If the the flexibility necessary for future gen- both an exciting and challenging time to be BBA would have passed then, the na- erations to deal with the unforeseen an elected official in this great nation. tional income would be at least 5 per- circumstances they knew would de- During the next few years, you will be cent higher today, according to a study velop. faced with many historic opportunities to by the Federal Reserve Bank of New The Constitution of the United advance the American dream of freedom, op- States vests the ultimate responsibil- portunity and prosperity. But none will be as York. significant as enacting and sending to the Idahoans understand passing the BBA ity to approve or disapprove constitu- states for ratification a Constitutional Bal- would put more than $1,500 a year into tional amendments with the people, as anced Budget Amendment. the pockets of American families—per represented by their elected State leg- As state legislators who must balance our DRI-McGraw-Hill, and others. islatures. Mr. President, it is time that state budgets each year, we understand the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1909 difficult choices you will face. Unfortu- times of debate, especially over the The PRESIDING OFFICER. The Sen- nately, as the past 29 years have shown, it issue of a balanced budget. I quote the ator from Maine is recognized. has been impossible for past Congresses to words of Thomas Jefferson when he Ms. SNOWE. Mr. President, I now withstand the political pressure of special in- was speaking to the Framers of the yield 11⁄2 minutes to the Senator from terests and make the tough choices nec- Constitution. He expressed these words Kansas. essary to balance the budget. Clearly, the The PRESIDING OFFICER. The Sen- federal budget process is broken and needs of his concerns regarding debt: fixing. As the experience in the states shows, We, Congress, should consider ourselves ator from Kansas is recognized. balanced budget amendments work, and a unauthorized to saddle posterity with our Mr. ROBERTS. Mr. President, I, too, federal Balanced Budget Amendment is the debts and morally bound to pay them our- would like to pay tribute to our Repub- only way to guarantee the fiscal integrity of selves. lican leadership in this great battle, this nation and a solvent future for our chil- Why is it so hard to understand that this epic battle where we try to achieve dren and grandchildren. Therefore, we call the Federal Government should bal- some financial stability for future gen- on you to exercise the courage and fiscal re- ance the budget when State govern- erations, more especially the Senator sponsibility to stand up to the special inter- ments and county governments and from Utah, Senator HATCH. ests who are willing to place their interests There were some comments that city governments do? Why is it that we ahead of the nation’s future. were made by a scholar over 200 years We hope that the 105th Congress will make cannot accumulate or mandate to ago about the fall of the Greek Repub- the Balanced Budget Amendment its first carry reserves in each line for a rainy lic. It was prefaced by this statement: priority. The nation cannot afford to wait. day? That is not too hard to under- The federal government cannot continue to When historians look back upon great civ- stand, and that is what we are talking ilizations, they invariably identify a time borrow from future generations to pay for about here, responsibility and the in- current consumption. If deficit spending is when society chose growth or decay. not curbed now, when it can be done sensibly tegrity of Government to function. Such is the time today in this body. and gradually, it will have to be done under I yield the floor. And this scholar said this about the desperate circumstances. The only way to The PRESIDING OFFICER. The Sen- fall of the Greek Republic: ensure that programs like Social Security ator from Maine is recognized. The average age of the world’s greatest and Medicare are there for us and our chil- Ms. SNOWE. Mr. President, I now civilizations has been 200 years. These na- dren is to set a course of fiscal responsibility yield 2 minutes to the Senator from tions have progressed through the following today. Wyoming. sequence: From bondage to spiritual faith, As you may know, ALEC is the nation’s The PRESIDING OFFICER. The Sen- from spiritual faith to great courage, from largest bipartisan, individual membership ator from Wyoming is recognized. courage to liberty, from liberty to abun- association of state legislators, with nearly dance, from abundance to complacency, from 3,000 members. ALEC is dedicated to the Jef- Mr. THOMAS. I thank the Chair. Let me, too, thank the leaders who complacency to apathy, from apathy to de- fersonian principles of individual liberty, pendency, from dependency back again into limited government and the free enterprise have been in the Chamber for some bondage. system. We believe that reducing the dev- time. And then he made this prediction, astating $5 trillion national debt is central Again we are asked to vote on a bal- to these principles and critical to the which I think applies to the vote that anced budget amendment. This is the will be forthcoming: strength of the nation’s economy. most important and vital action that The historic opportunity to provide a A democracy cannot exist as a permanent brighter, more prosperous future lies in your any of us will take this year if we are form of government. It can only exist until hands. We in the states are up to the chal- to be financially and fiscally respon- the voters discover that they can vote them- lenge and ready to ratify the Balanced Budg- sible. This is more than just a balanced selves largess from the Public Treasury. et Amendment. This is not about whether budget. This is more than just arith- From that moment on, the majority always you are a Democrat or Republican or a lib- metic. It is more than numbers. It has votes for the candidates promising the most eral or conservative—this is about what you to do with character. It has to do with benefits, with the result that a democracy must do for the future of this great nation. our willingness to face up to the real- always collapses over a loose fiscal policy, always followed by a dictatorship. It is up to you to make the right choice for ization that you cannot keep spending this country, the fiscally responsible I think those are sobering thoughts. choice—pass a Balanced Budget Amendment. more than you take in. It has to do with debt. We now have Can our American system meet the (Signed by 572 State Legislators.) challenges of future generations? We Mr. CRAIG. Mr. President, years ago, a debt of $5.5 trillion, which we have put on our credit card for young people will have that vote this afternoon. The we changed our Constitution to assure voters did not vote for a majority to that never again in this Nation would to pay. Our card is maxed out. It has to do with interest payments. Probably, continue down that path that was fol- we have human bondage. We changed lowed by the Greek Republic. That is next year, the largest item on the our Constitution to allow women to why we need the balanced budget budget will be interest on the national vote. Today, we are asking this Senate amendment. to allow the American people to once debt—$270 billion a year in interest. I yield the floor. again change the Constitution to step It has to do with priorities in the The PRESIDING OFFICER. The Sen- away from fiscal bondage or the risk of Government. We have not had to ator from Maine. a bankrupt Government, to take off choose what we think is most impor- Ms. SNOWE. Mr. President, I yield 2 the backs of our children and grand- tant for Government. We have simply minutes to the Senator from South children the burdensome, overpowering said, ‘‘Let’s do it and put it on the Carolina. debt that we are causing them to accu- tab.’’ That is not responsible for any of The PRESIDING OFFICER. The Sen- mulate. us. ator from South Carolina is recognized. Yes, it is time once again that we ask It has to do with smaller Govern- Mr. THURMOND. Mr. President, I the American people to change their ment. There is a relationship between thank and commend the able Senator Constitution to require us to balance how much money you spend and how from Utah for his outstanding leader- the budget, to bring fiscal sanity to our much Government you have. I can tell ship in this matter. Why do we need a Government, and to ensure the stabil- you, the folks in my State would like constitutional amendment? We have ity of this country, its economy, and to have less central Government, less not balanced this budget but one time the American dream for future genera- activity. It has to do with savings for in 36 years, eight times in 64 years. The tions. families, if we can reduce the interest Congress has failed to perform its duty. The PRESIDING OFFICER. The Sen- payments on their cars and on their Therefore, we need a constitutional ator from Utah. kid’s college. amendment that will make the Con- Mr. HATCH. I yield 1 minute to the It is the right thing to do. I am proud gress balance its budget. That is the distinguished Senator from Montana. of the 55 Republicans who will vote only way I know to do it. A constitu- The PRESIDING OFFICER. The Sen- ‘‘aye’’ and 11 Democrats who will join tional amendment will demand—de- ator from Montana is recognized. them to vote ‘‘aye’’ on this issue. I am mand—that the Congress balance the Mr. BURNS. I thank my friend from proud of the fact that Members of this budget. Utah, Mr. President. institution have talked the talk, and Several years ago, when I was chair- Mr. President, the old words come now are ready to walk the walk. That man of the Judiciary Committee, I au- back to haunt us almost during these is important for us to do. thored a similar amendment and got it S1910 CONGRESSIONAL RECORD — SENATE March 4, 1997 through the committee and passed it Since coming to the Senate 12 years of over $5 trillion. So the American through the Senate and sent it to the ago, I have listened to those who op- people are saying, ‘‘If you need some House. And who killed it? The Speaker pose a balanced budget tell the Amer- assistance in doing the job, why don’t of the House, Mr. O’Neill, and the ican people that all we need is courage you mandate—so that you have no dis- Democratic leader of the House, Mr. to get our fiscal house in order. Yet, cretion—mandate that we have a bal- Wright, led the movement to kill it. year after year, Congress runs up bil- anced budget in the future?’’ It is the The Democrats don’t seem to want it— lions upon billions on the public credit only way to protect our country. It is certainly a majority of Democrats. card that must be paid for by future the only way to have a country fit to There are some good Democrats, and generations. What right do we have to live in for our children and their chil- I ask them to join us, pass this con- ask our children and grandchildren to dren. stitutional amendment, and protect pay for today’s excesses? We all know what has happened. The the people of the United States. We Mr. President, the time for talk has debt is the third largest item in the cannot keep on going like this. We are passed. Now is the time for action. Federal budget. We are spending more going in debt, debt, debt. The only way Like most Americans, I am outraged on retiring the debt than we are on to stop it is to pass a constitutional that interest on the debt has become educating our children. It is time to amendment to make the Congress bal- the third largest item in the Federal call it to a halt, to get our fiscal affairs ance the budget. budget. According to the President’s in order. The PRESIDING OFFICER. The Sen- budget for fiscal year 1998, the U.S. Mr. President, a constitutional amendment to require us to do the job ator from Maine. Government will spend $250 billion in each year, for the future, is the only Ms. SNOWE. I now yield 1 minute to net interest costs, which makes up way to achieve this goal. the Senator from Pennsylvania. nearly 15 percent of the total budget. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- That means, we spend four times more ator from Maine. ator from Pennsylvania. on interest than we do on education, Ms. SNOWE. Mr. President, I yield 1 Mr. SPECTER. Mr. President, I sup- training, and employment combined. minute to the Senator from Rhode Is- port the constitutional amendment. I We spend 10 times more on interest land. know you have a hard time seeing me than we spend on the administration of The PRESIDING OFFICER. The Sen- over the big stack of budgets which justice. ator from Rhode Island is recognized. have not been balanced. I support this We are the greatest Nation on earth, Mr. CHAFEE. Mr. President, when amendment because I think Congress and yet we spend more retiring debt the Federal Government spends more needs the discipline, the discipline it- than we do on educating our children? than it collects in tax revenue, then it self to live within its means. This is madness and it must stop. must borrow the difference. And when The Commonwealth of Pennsylvania, Mr. President, it does not have to be it keeps borrowing, that adds to the the city of Philadelphia, the ARLEN this bad. If we pass a balanced budget debt. SPECTER household, all have to live we can give families relief by reducing When we have run up, as we cur- within their means. If I don’t, I end up interest rates on borrowing for items rently have, a $5 trillion national debt, in a bankruptcy court. Regrettably, like home mortgages and school loans. what we are really saying is that is a the history of our Government has A typical family would save $1,500 per bill we are passing on to our children been that we have spent more than we year in interest payments. Think of and our grandchildren to pay. Cur- have taken in and have run up deficits, how that money could be put to better rently, for a family of four, the na- and that is why the discipline is nec- use: saving for a college education, in- tional debt amounts to $80,000, namely essary. vesting in a secure retirement, or $20,000 for every individual in that fam- I think it is very useful to have the maybe enjoying a long anticipated va- ily, all four individuals. pendency of the balanced budget cation. As has been mentioned, the interest amendment, which has led many to Sadly, the path to a balanced budget on the debt is now the third largest say, ‘‘Well, we don’t need the amend- is now being blocked by determined item in the Federal budget. This means ment. We can balance the budget with- and enthusiastic partisan gamesman- that money we are spending on interest out the amendment.’’ And if that pro- ship. Opponents of a balanced budget on the debt is not available for Head vides an incentive to balance the budg- have decided to play on the fears of Start or health care or better edu- et without the amendment, that is all seniors. In words which recall last cation or improving our parks or all to the good. year’s shameless mediscare campaign, the things we want. So, Mr. President, this amendment, But even if we do balance the budget, the balanced budget amendment is at- balanced budget amendment, which we and, so far, the signs are not very tacked and misrepresented—all while are voting on will not solve all our promising based upon what the Presi- the national debt whirs wildly out of problems, but it will be a big step for- dent has submitted, it is fine. But the control. ward, and I hope it passes. discipline is necessary in the long run, Mr. President, I will spend exactly Ms. SNOWE. I yield 1 minute to the and that is why I support this amend- one sentence answering this Social Se- Senator from New Hampshire. ment. curity red herring. The best way to en- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- sure the solvency of the Social Secu- ator from New Hampshire is recog- ator from Maine. rity Program is to balance the budget nized. Ms. SNOWE. Mr. President, I now now. Clever legislative shell games will Mr. SMITH of New Hampshire. Mr. yield 1 minute to the Senator from not add a single day to the life of So- President, I thank the Senator from Kentucky. cial Security, only a balanced budget Maine for yielding. I take this oppor- The PRESIDING OFFICER. The Sen- will do that. tunity to thank Senator HATCH for his ator from Kentucky is recognized. So the decision is ours. Do we want tremendous leadership, day after day, Mr. MCCONNELL. Mr. President, I to balance the budget or not. And if on the floor of the Senate, leading the rise today to lend my voice to the cho- not now, when? Our children want to battle on behalf of the American people rus of support for adding a balanced know. and for the future generations of Amer- budget amendment to the Constitu- Mr. President, I urge my colleagues ica who are going to have to pay the tion. to support the balanced budget amend- price if we don’t get this done. If we For a generation, this Government ment. lose this vote today by one vote, which has spent billions more than it has re- Mr. President, the American people is what the predictions are, and projec- ceived, all the while talking, always are rightfully skeptical that this Con- tions, then the headline tomorrow talking, about the urgent need to bal- gress will balance the budget, not only should be: ‘‘It Was Business as Usual in ance the Federal budget. History has in 7 years but for every year thereafter. Washington Again. The American Peo- borne out the facts: No matter how Why are they skeptical? For a genera- ple Lost.’’ well-intentioned the debate, Congress tion, for a generation we have failed Mr. President, 80 percent of the has failed for the past 28 years to bal- our children and grandchildren by pil- American people want the budget bal- ance the budget. ing up a mountain of debt to the tune anced. If you think, in 1969, the last March 4, 1997 CONGRESSIONAL RECORD — SENATE S1911 time we had a balanced budget, the amendment, or one just like it. Now, dent and Congress will redouble our ef- year after that the debt was $369 bil- isn’t it intriguing that at one time or forts to get to balance in 2002 and to re- lion, and the people said then, ‘‘We another, 72 could vote for it, but today main in balance in future years. don’t need an amendment, all we need only 66 will find their way clear to vote I agree with critics who say we can to do is get the job done, have the cour- for it? balance the budget by 2002 without a age to do it.’’ The debt is now $5.3 tril- It seems to me games are being constitutional amendment. That same lion. played with the American people, with- statement could have been made at vir- The President says we do not need an out any question. If 72 voted for it be- tually any time since our last balanced amendment; we just have to have the fore, I say to Senator COCHRAN, how budget in 1969. We have not done so. courage to do it. He submits a budget come only 66 today? Are we better off? CBO projections indicate that with- to us out of balance which will add half Are we more apt to get a real balanced out changes in our current budget poli- a trillion dollars to the debt in the budget today? Has our President sent cies, the deficit will rise to $280 billion next 5 years, $70 billion out of balance us some budget that should renew our by 2007, nearly reaching the levels we in the last year. It is business as usual faith and our hope that we will do it experienced during the late 1980’s and in Washington. ourselves? early 1990’s. The PRESIDING OFFICER (Ms. The budget the President sent us The President’s budget as submitted SNOWE). The Senator from Oklahoma. starts with a deficit of $106 billion, and for the next 5 years and analyzed by Mr. INHOFE. Madam President, I our accounting department tells us, CBO, projects that the deficit will jump now yield to the junior Senator from when we are finished with 5 years of from our 1996 level of $107 billion to Maine for 1 minute. cuts under his budget, the deficit is $145 billion in 1998. The deficit will stay The PRESIDING OFFICER. The Sen- still $70 billion. What a dramatic budg- near that level until 2001. ator from Maine. et. It should renew our hope and our This trend line is not a reassuring Ms. COLLINS. Madam President, I faith that we can do it and that Presi- trumpet blast of commitment to a bal- rise to urge Senate approval of the bal- dents can lead us, right? Wrong. It anced budget. I hope that my col- anced budget constitutional amend- means that we ought to have a con- leagues are correct in saying we can ment. Some have argued that a con- stitutional amendment, there is no keep the budget balanced without a stitutional amendment is not needed to question about it. We won’t do it. constitutional amendment. ensure a balanced budget, but history For a nation that was born in tax We are about to be put to the test. clearly demonstrates that, despite good revolutions where we said, ‘‘No tax- Most States have a constitutional re- intentions, we will not get the job done ation without representation,’’ I close quirement for a balanced budget. As Governor, I operated under a bal- absent the constitutional requirement. this debate by saying, why should we anced budget. I can say with experience Every President during the past two tie the hands of our children and leave that it has served my State well. It decades has pledged to balance the them a legacy of debt when they can- budget. In 1970, President Nixon said would also serve our Nation well. not be represented because we refuse to There are numerous State legisla- that he would recommend a balanced pay our own bills? That is why we need tures asking that we in Congress sub- budget by 1971. President Ford pledged a constitutional amendment. We mit a balanced budget amendment to to achieve a balanced budget in 1976. In should not burden our children with a them. 1978, President Carter pledged to move legacy that says no prosperity, no In the short time that State legisla- rapidly toward a balanced budget. In growth, a life of taxation to pay our tures have been in session this year, 4 1983, President Reagan talked of bills, because 72 Senators heretofore have passed resolutions asking Con- achieving a balanced budget by the end have voted for a constitutional amend- gress to approve a balanced budget of the decade. The list goes on and on. ment like this. amendment; another 21 States have in- The simple fact is that the road to But games are being played so that troduced resolutions asking for a bal- our huge national debt has been paved today, it will lose, once again. anced budget amendment to the Con- with good intentions. The old saying I close with, isn’t it a curious turn of stitution. that ‘‘we have met the enemy and it is events that it loses by one vote each We owe the States an opportunity to us’’ has never been more applicable. time? Perhaps those watching this de- decide whether we should amend the I know the pressures on Washington bate might wonder, how does that hap- constitution to put an end to the grow- to spend money, even borrowed money. pen? Well, I tell you how it happens. ing Federal debt that this country has By and large, each Congress sets out to Members of the Senate on that side of been building. be fiscally responsible, but our na- the aisle tell their voters one thing, And although we have made tremen- tional debt still grows. The truth is and when it gets right down to voting, dous progress over the past 4 years, we that experience has taught us that either a President or their own leaders still have a large and expanding annual even in good times, we need the dis- talk just enough of them out of it to deficit. cipline of a constitutional amendment. make us lose by one vote. We ought to Our national debt is expected to Thank you, Madam President. be proud we are not on that team. reach $5.4 trillion at the end of this fis- The PRESIDING OFFICER. The Sen- I yield the floor. cal year. ator from Oklahoma. The PRESIDING OFFICER. The Sen- One concern that many of my col- Mr. INHOFE. Madam President, I ator from Oklahoma. leagues have expressed is their concern now yield 2 minutes to the distin- Mr. INHOFE. Madam President, I for how Social Security would fare guished Senator from New Mexico. now yield 2 minutes to the senior Sen- under a balanced budget amendment. The PRESIDING OFFICER. The Sen- ator from Florida, Senator GRAHAM. My personal feeling is that establish- ator from New Mexico. The PRESIDING OFFICER. The Sen- ing the principal of a balanced budget Mr. DOMENICI. Madam President, I ator from Florida. during normal periods, such as most of thank the Senator from Oklahoma Mr. GRAHAM. Madam President, I the years since 1982, would strengthen very much. Let me say to all the Sen- want to express my disappointment the Social Security system. ators on our side who are here, I am that we are apparently on a path which If we had passed a balanced budget very proud to be here with you, and I will lead to yet another defeat of a bal- amendment in 1982, the first year in re- am exceptionally proud that every sin- anced budget amendment. This could cent history that one was considered gle Republican Senator is going to vote be seen as a lack of commitment to and defeated, we would have $2.9 tril- for this constitutional amendment. I balance the budget. lion less in debt held by the public than think the American people ought to My hope is that it will be seen in- we do today. make note of that. stead as a message that a significant The interest on this portion of the I also call to your attention, in case minority in Congress does not think a Federal debt alone totaled $190 billion you wonder why we are losing this balanced budget amendment is nec- in 1996. Last year, that amount was amendment today—if we do—that 72 essary to achieve a balanced budget. more than enough to pay for all Medi- sitting Senators, 72 out of the 100 who That without the discipline of a bal- care expenses. Instead this money was sit, have voted for this constitutional anced budget amendment, the Presi- dissipated on interest payments. S1912 CONGRESSIONAL RECORD — SENATE March 4, 1997 That same $190 billion in interest The President and the Congress must Mr. HATCH addressed the Chair. payments on the additional debt ac- be strong in their resolve to achieve The PRESIDING OFFICER. The Sen- crued since 1982 could have paid for balance through tough decisions rather ator from Utah. over half of all the money the Federal than through creating fictional new Mr. HATCH. I call on the distin- Government spent last year on Social revenue or spending cuts. guished chairman of the Appropria- Security retirement benefits. This archaic and destructive maneu- tions Committee, my friend and col- Let us look at Social Security from ver is exactly what undercuts public league from Alaska. another angle—in 1982 the total inter- confidence in our ability to balance the The PRESIDING OFFICER. The Sen- est on the Federal debt was $85 billion. budget with real numbers and rational ator from Alaska. In that year, all Social Security bene- policies. Mr. STEVENS. Madam President, I fits were $156 billion. With failures like this in mind, and believe we need to have this balanced The interest payment equaled about after witnessing numerous attempts by budget amendment adopted by the Sen- half of the Social Security benefits for Congress to enact legislation to force ate. As I see what is happening now in that year. itself to tighten its fiscal belt, my con- terms of the controllable expenditures In 1996, the total interest in the Fed- clusion is that we must pass an amend- of the United States, I see that next eral debt was $241 billion and Social Se- ment to constitutionally mandate a year we will spend about as much curity retirement benefits were $350 balanced budget. It is imperative that money for interest on the national debt billion. we not lose this opportunity. as we will to maintain our defenses. The interest payment in 1996 equaled Madam President, the failure to pass There is pressure on us across the about three-quarters of the entire out- a balanced budget amendment today whole spectrum for control of expenses. lay for Social Security retirement ben- would be a grave mistake. We need a Coast Guard. We need the efits. For too many years we have delayed National Park Service. We need the Yearly interest payments are grow- the hard decision until tomorrow. FBI. Think of all of the controllable ing faster than yearly Social Security Well, Madam President, tomorrow expenses in the departments that we payments. This trend is not good and has come. It is our generation’s duty to fund. Every year we have to say cut we must put an end to it now. ensure that we pay our national bills more, cut more. Why? Because the in- Passing the balanced budget amend- rather than asking our children and terest continues to mount on the na- ment now is critical to the future grandchildren to do so. tional debt, until we get it in balance. Mr. HATCH addressed the Chair. health of our Social Security system. So, if for no other reason than that, The PRESIDING OFFICER. The Sen- Let me ask you—would our country I believe the Senate should pass this ator from Utah. be better off spending tax dollars to Mr. HATCH. Madam President, I amendment so that we can get a handle service the Federal debt or for needed thank the Senator from Florida for his on the interest we must pay on the na- programs like Social Security? valiant fight on his side of the aisle to tional debt. It continues to go up be- I believe the money would be better help make this a reality. We really ap- cause the deficit continues to go up. spent on Social Security. preciate him and honor him today. That must be controlled, Madam Presi- The budget deficit has become a per- I yield 1 minute to the distinguished dent. I am proud to join my friend, Ju- manent fixture in our Nation’s fiscal Senator from Mississippi. diciary Chairman HATCH of Utah, in policy. The PRESIDING OFFICER. The Sen- supporting this amendment. While there are those who say Con- ator from Mississippi. Mr. HATCH addressed the Chair. gress can, without a constitutional Mr. COCHRAN. Madam President, The PRESIDING OFFICER. The Sen- amendment, balance the budget, his- first, I commend the distinguished Sen- ator from Utah. tory has shown this not to be the case. ator from Utah for his great leadership Mr. HATCH. Madam President, I A disturbing example of the lack of on the floor of the Senate in support of yield to the distinguished Senator from resolve to balance the budget occurred this resolution to require a balanced Missouri. last Thursday evening when we ex- budget. The PRESIDING OFFICER. The Sen- tended the aviation tax to September Let me just say, we have heard Sen- ator from Missouri. 30—ignoring losses of $5 billion in Fed- ators come to the floor and point out Mr. ASHCROFT. Madam President, eral revenue for the aviation trust fund that this puts in jeopardy the Social thank you very much. because of lapses in the aviation tax Security beneficiaries of America. We I want to thank my colleague, the during 10 of the last 14 months. have heard others claim that this Senator from Utah, for his outstanding Five billion dollars lost for American amendment forces us to consider in- leadership on this issue. He has aviation safety. vestments in capital spending the same brought to the floor of the U.S. Senate We extended the tax to September 30 as operating expenses, as a matter of the budgets from 28 years of unbal- knowing that a report on whether the budget policy. We have heard one thing anced budgets. They represent about, current tax should be replaced by a after another used as excuses for vot- oh, I would say, close to 8 or 9 feet of user fee system is not due to Congress ing against this resolution. a stack of papers that has really im- until October 1997. But let me say, I am for protecting paired the capacity of this Nation to We voted to terminate the ticket tax Social Security beneficiaries. I am for move forward. on September 30, raising the strong doing whatever we need to do to help But I would like to mention another possibility of another lapse at the end ensure that those who depend on Social problem with that barricade of paper. of this fiscal year with the excuse that Security can be confident that they are Whenever you can just displace the we should wait for the report. Why did going to get the benefits to which they cost of doing government to the next we do this? are entitled, whether this resolution generation, you are not forced to make We did it for budget scoring purposes. passes or not. And for budget policy, the innovations and improvements By allowing the tax to expire on Sep- you just have to look at the plain lan- that you need to make. tember 30 before reinstating it, our guage of this resolution. It says: Most of us have noted that, in the re- Budget rules will claim to create al- The Congress shall enforce and implement cent years, the most dynamic and most $6 billion in ‘‘new’’ revenue every this article by appropriate legislation which workable solutions to our problems year after September 30, 1997, for a may rely on estimates of outlays and re- have come from the States. It is be- total of over $30 billion between then ceipts. cause they operate with balanced budg- and September 30, 2002. We are not giving away the power to ets. They cannot just spend money It is for this kind of creative ac- decide budget policy and mechanics they do not have and pass the bill to counting that we send people to jail in and whether you have a capital budget the next generation. the private sector. or another kind of a budget. The point Necessity being the mother of inven- Some 40 percent of the revenue in- is, this is national policy, if this tion, the discipline of a balanced budg- creases in the President’s budget from passes, that we will live within our et improves the quality of Government 1997 to 2002 come from this scoring means. It is just as simple as that and we get. It not only makes sure that we gimmick. just as nonscary as that. have liberties which would otherwise March 4, 1997 CONGRESSIONAL RECORD — SENATE S1913 be forfeited if we grow bigger and big- Frequently we use a word to describe concerns time and time again over the ger Government, but it also improves what we are all for—that is ‘‘freedom.’’ course of the last 4 weeks of debate on the quality of what Government does I would like to suggest that the con- this particular issue. by saying we have to constantly look stitutional amendment is about free- I had hoped, Madam President, that at what we are doing. We have to inno- dom, because to the extent that Gov- the next time Congress voted on a bal- vate and create instead of appropriate ernment grows and grows, freedom di- anced budget amendment to the Con- just to get better service with limited minishes and diminishes. To the extent stitution, I could support it. Instead, resources. we tax and tax, the freedom of our peo- we are faced with the same deeply So the quality of our life now, the ple diminishes. flawed amendment that was rejected quality of Government we receive, and It has been said that all significant last year. the integrity of the next generation is achievement occurs because a man or a This did not have to be. We had at stake. We must pass a balanced woman is free. That is why America is scores of opportunities to fix it, to pro- budget amendment to the Constitution so great. That is why we have achieved tect Social Security, to provide for the to add discipline to our system which so much. possibility of a capital budget, to build would drive creativity and improve- So it seems to me that today we have into this amendment the flexibility to ment in what we do. a very historic vote. I honestly believe protect our Nation in times of war, dis- Mr. HATCH addressed the Chair. those who have twisted the last arm aster, or regional or national economic The PRESIDING OFFICER. The Sen- and got this where we will lose by one emergency. But every one of those op- ator from Utah. portunities—every one—was rejected Mr. HATCH. I yield 1 minute to the vote once again are those who are along party lines. I have been aston- distinguished Senator from Indiana. frightened about the concept of less The PRESIDING OFFICER. The Sen- Government rather than more. They ished during the debate to hear some of ator from Indiana. are the ones who want more Govern- my colleagues say they will vote for Mr. COATS. I thank the Senator for ment rather than less or at least they this amendment even though, in their yielding. want the opportunity to have more words, it is not perfect. Madam President, what message does Government rather than less. For they In fact, one of my colleagues came up it send to the American people when see Government as the achiever rather to me recently to say, ‘‘We shouldn’t we vote ‘‘no’’ on the balanced budget than individuals who maintain more of let the perfect be the enemy of the amendment? their freedom if they are taxed less and good when we legislate.’’ Well, that is First, it says that Congress prefers if Government is smaller. often true in other matters. But when its own judgment over the judgment of So to me, it is a very interesting it comes to the Constitution of the the people. This is not a vote to enact philosophical debate. Those who will United States of America, Madam the balanced budget amendment. This vote for it say we trust—we trust—peo- President, we should demand perfec- is a vote to send it to the people to see ple, we trust families, we trust States, tion. This is not a campaign position if they want a balanced budget amend- we trust individuals, and we trust paper we are talking about changing. It ment. Why should we put our judgment decisionmakers at the home level. The is the most inspired, the most impor- ahead of the people? others are saying, we are not sure of tant political document in the history Second, it is an exercise in political that. We want to reserve the option to of this country. power that says that political power is continue to incur debt and let Govern- People have died to defend our Con- more important than the desires of the ment grow and grow. I believe it is stitution. Every Senator here has people. Clearly, 80 percent of the Amer- clear. I wish we would win today. I am taken an oath to protect it. We may ican people have said they want fiscal sorry we will not. I think I understand rarely achieve perfection. After all, we responsibility and believe it can only why. I hope the American people do. I are human. But when we are dealing be achieved through a balanced budget yield the floor. with the Constitution of the United amendment. The PRESIDING OFFICER. There States of America, we should never Third, it continues a system that al- now will be 30 minutes under the con- knowingly settle for anything less—not lows us to vote public benefits to the trol of the Democratic leader or his now, not ever. No, this amendment is very people who keep us in office while designee. far from perfect. Under this amend- placing the burden of paying for those Mr. DASCHLE addressed the Chair. ment, we now know that Congress benefits on people who cannot vote for The PRESIDING OFFICER. The would be required—not just permitted, us. Therefore, it gives us the natural Chair recognizes the distinguished mi- but required—to raid the Social Secu- inclination to vote for those benefits nority leader. rity trust funds to run the Govern- and pass on the obligations to people in PRIVILEGE OF THE FLOOR ment. That isn’t my opinion; that is the future. Mr. DASCHLE. Madam President, I the conclusion of the nonpartisan Con- Finally, we avoid the moral tradition ask unanimous consent that Michael gressional Research Service and the Of- of sacrificing for posterity. Instead, we Carrasco, of the Judiciary Committee fice of Management and Budget. ask posterity to sacrifice for us. That staff, be permitted privileges of the Social Security is now running huge is wrong. floor during the duration of the debate surpluses because of the 1983 bipartisan Mr. HATCH addressed the Chair. on Senate Joint Resolution 1. agreement that rescued the program. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without We all look back with a great deal of ator from Utah. satisfaction at that particular vote and Mr. HATCH. Madam President, in the objection, it is so ordered. Mr. DASCHLE. Madam President, I last hour we have had 37 Senators for the actions taken, on a bipartisan the balanced budget amendment who want to begin by complimenting the basis, by the Congress at that time. have spoken here on the floor. I think distinguished ranking member of the The heart of that agreement was a plan that sends about as powerful a message Judiciary Committee, the Senator to set aside funds for the baby as we can. But I would like to end with from Vermont, for his extraordinary boomers’ retirement that we know are our remaining time going to the distin- leadership on this debate over the last going to be needed. This year, that sur- guished chairman of the Budget Com- several weeks. His effort on the floor is plus is $78 billion. By the year 2002, it mittee who deals with these matters appreciated by all of the Members of will reach $104 billion. By 2019, when all the time. our caucus. While I am not surprised at many of the baby boomers start to re- The PRESIDING OFFICER. The Sen- his demonstration of leadership and his tire, the Social Security trust funds ator from New Mexico. work on this legislation, as he has will have built up a $3 trillion surplus, Mr. DOMENICI. How much time do I demonstrated on so many occasions, which will be desperately needed to pay have? we are deeply indebted to him. those retirees, including this Senator. The PRESIDING OFFICER. One and I must also express my gratitude to But if we pass this version of the bal- one-half minutes. the senior Senator from West Virginia, anced budget amendment, none of Mr. DOMENICI. I thank my good Senator BYRD, and Senator DORGAN, those funds will be available to pay friend from Utah for yielding the Senator REID, and many others who those Social Security benefits—not $1. wrapup minutes to me. have done so much to represent our Social Security could be paid only S1914 CONGRESSIONAL RECORD — SENATE March 4, 1997 from taxes raised in the same year, not amendment that forbids even consider- with many of my colleagues, am left from surpluses built up years before. ation of a capital budget. It would with the inescapable conclusion that That means when the baby boomers re- threaten the very economic competi- we must vote against it. tire, Congress would have to raise tiveness that we all say we desire. At the same time, I think it is imper- taxes dramatically or slash Social Se- Again, we offered amendments to cor- ative that we redouble our efforts to curity benefits deeply, or both, to ac- rect this flaw, to allow for the possibil- actually balance the budget, rather commodate the circumstances that we ity of a capital budget, and, again, they than just talk about it. Madam Presi- will be facing at that time. were defeated—every single one along dent, in the last couple of days, I have Madam President, this isn’t conjec- party lines—in committee and on the been dismayed at some of the remarks ture; this is the analysis given to us by floor. made by some on the other side with virtually every credible budgetary The majority leader suggested a will- regard to the budget process. I thought source to whom we have gone for coun- ingness to provide for a capital budget, we had an understanding that we were sel and advice on this important mat- only after it was clear that he didn’t going to work toward a budget agree- ter. So what was our response? Well, have the votes without it. While I wel- ment that would allow us to meet our our response was to offer amendments come such sudden openness, we have deadlines by April 15. to resolve that problem. Our amend- not yet seen any solid proposals from Instead, now we are playing politics ments said if we are going to build up the other side in this regard. on the other side with a budget agree- that trust fund to $3 trillion and know Madam President, I just ask the ment, telling the President to come full well that we are going to have to question: If virtually every State rec- forth with a second budget agreement, draw down that trust fund at some ognizes the importance of distinguish- prior to the time those who are com- point in the future, let’s take every ing between a capital budget, long- plaining have even come with a first precaution to ensure that it will be term investments, and operating costs, one. there. We offered amendments to pro- why is it that we don’t see the need to I hope we can quit playing political tect it. do so as well? If every family and every games with the budget process and get Now, our Republican colleagues de- business were required to pay off every in that room and do what we are sup- feated every single amendment as it mortgage and investment every year, I posed to do in the Budget Committee was brought up in committee and on question whether any of them could to balance the budget. Let’s start the floor. Again, our Republican col- sustain that kind of requirement or working through this budget process leagues argued that this is not some- that kind of an economic procedure. tomorrow. Let’s start meeting the thing we should really worry about. Yet, that is exactly what we are sug- deadlines set into law. The committee Misusing the Social Security trust gesting must be our course of action, hasn’t met in 2 weeks. I think it is high funds to pay for other Government pro- for all perpetuity, for the Federal Gov- time to demonstrate some real leader- grams is not just bad accounting, it’s ernment. We can’t even consider the ship here. When it comes to the budget bad faith. Combining the Social Secu- possibility of a capital budget under process, that ought to start with a date rity trust funds with the rest of the the amendment as it is drafted right certain for a markup on the budget it- budget doesn’t pay off the deficit; it now. self. just masks its size. It allows us to Another serious flaw with this We have come a long way. We have a claim that the budget is balanced when amendment has to do with our national record now that we can look back on we know really it isn’t. When they security. Section 5 of this amendment with some pride, having reduced the claim we have a balanced budget in the jeopardizes our ability to prepare for deficit from $290 billion in 1993 to $107 year 2002, we are going to increase our situations that we know will require billion this year. We need to go the rest debt by $130 billion. intervention, such as in the Persian of the way, and we can do so only if we Madam President, this isn’t the way Gulf. For Congress to waive this continue to reduce spending as success- we ought to legislate. This isn’t simply amendment, the United States ‘‘must fully and aggressively in the next 5 a question of making perfect the be engaged in military conflict.’’ Let years as we have in the recent past. amendment. It becomes clear that this me restate that. For us to be eligible I am troubled, frankly, not only with amendment is not perfect in any fun- for the exception under this constitu- the fact that we have not seen any pro- damental way when one analyzes how tional amendment, we already have to posal on the part of Republican Mem- it would work. be fighting a war in order to tap re- bers with regard to a budget itself, but In my view, this amendment, as it is sources that may be required to fight by the tax proposal being proposed now presented right now, is duplicitous. So- that effort. In Desert Shield, we needed by the majority leader. It would create cial Security has never been a day late to build up before the conflict. We stip- a deficit of over $1 trillion in the next or a dollar short. It is the most suc- ulated that the conflict was imminent. 20 years to pay for new tax breaks that cessful social program in the history of As a result, we were able to be prepared overwhelmingly benefit those who our country. For millions of older when the conflict came in Desert don’t need them at all. If these new tax Americans, it is the difference between Storm. To say that there has to be a breaks were to pass, they would cost living in dignity and living in fear and conflict before we can provide legisla- $500 billion over the first 10 years and poverty. A balanced budget amendment tive support, in my view, is extraor- $750 billion over the next 10 years, at a should not force us to break that his- dinarily poorly worded and ill-founded. time when we ought to be reducing the toric contract. It should be honest in None of us, today, would want to deficit, reducing the debt, and coming how it accounts for and uses the Social look the men and the women we sent together in a bipartisan way to resolve Security trust funds. to the Persian Gulf in the eye and say our differences. While misuse of the Social Security that we want you to go fight first, and It must be difficult for South Dako- trust funds is my gravest concern, I am we will support you later. We want you tans to understand how some of those also deeply troubled that this amend- to go put your lives on the line and, at who argue that we need to pass a con- ment would limit, for all perpetuity, some point after you start fighting, we stitutional amendment to balance the how Congress can treat large-scale cap- will get around to providing you with budget can turn around and offer tax ital investments. Let there be no mis- the necessary resources. breaks that add more than $1 trillion understanding here. If this amendment Madam President, that is exactly to the deficit. passes, any proposal to create a capital what this amendment says. I hope that I might remind my colleagues that, budget would be declared unconstitu- everybody will think very carefully even if we balance the budget, we have tional. If a project could not be paid for about whether or not we want to com- a $5.5 trillion accumulated debt that in one year, it could not be under- mit to section 5 of this constitutional we have not yet paid down. Eliminat- taken. Capital investments, such as amendment. No, this amendment isn’t ing the deficit is only the first step. We roads, bridges, and water projects perfect, and it is not as good as it could still have the debt. If Senators con- strengthen our economy for the future. have been, and it is clearly not good tinue to complicate our situation by It seems to me that it would be pro- enough to include in the Constitution offering tax measures that contribute foundly unwise for us to pass an of the United States of America. So I, massively to the deficit we are facing March 4, 1997 CONGRESSIONAL RECORD — SENATE S1915 over the next few years, it is hard to budget. I offered it. It got 41 votes. Al- that they intend to put in the Con- believe that they are really serious most all—except two—on that side of stitution of the United States. about fiscal responsibility. the aisle voted against it. Had they In North Dakota they want a bal- My expectation today is that this voted for it, we would have had a con- anced budget. I have voted for balanced amendment will fail. But if I am stitutional amendment to balance the budgets. But in North Dakota they un- wrong, if somehow it passes, then I am budget passed by this Chamber. It was derstand the virtue of, if you are going confident that it will fail when it is identical to the one they offered, with to do something, doing it the right sent to the States for ratification. As one exception: It said you can’t count way. There is the right way and the Americans learn more about the con- the over $1 trillion in Social Security wrong way. The proposal here is the sequences of this ill-considered pro- trust funds to pretend you have bal- wrong way. posal, I hope that Congress will ulti- anced the budget. This is a country that seems obsessed mately resolve to work through the Based on all the crowing that I hear, sometimes with instant gratification many deficiencies in this amendment, one would think, if a constitutional and quick fixes. and correct it in ways that we have amendment to balance the budget is Madam President, I ask for 30 more suggested time and again on the Sen- passed, the budget will be balanced. Of seconds. ate floor. course, that is not the case. The budget Mr. DASCHLE. Madam President, I David Ramsey was a member of the will be balanced when you make indi- yield such time as he may consume to Continental Congress that adopted our vidual spending and taxing decisions to the Senator from North Dakota. Declaration of Independence. He said, balance the budget. Mr. DORGAN. There is a mentality ‘‘The adoption of the Constitution was In 1993, I cast a vote on the floor of that would have us believe sometimes a triumph of virtue and good sense over the U.S. Senate for a deficit reduction that instant gratification is para- the vices and follies of human nature.’’ package. It was a hard vote. The politi- mount—quick fixes, fast foods, Minute It was, in fact, that rarest of events, cally easy vote was to say, ‘‘I am gone. Rice, instant coffee, instant pudding, the triumph of the perfect over merely I am on vacation. Count me as no be- Jiffy Lube. Hook the budget to the the good. For 208 years, Congress has cause I do not want the baggage that Constitution and pretend you have bal- defended that triumph of the perfect comes with having to vote to reduce anced the budget, but have the Federal over the good when it comes to the the budget deficit.’’ debt keep increasing. It fits right in Constitution. It is our solemn respon- We passed that by one vote. And we with the whole genre of quick and easy sibility now to uphold that standard. didn’t get one vote from that side of fix—no trouble at all. When it comes to the Constitution, the aisle—not a bit of help, not a bit of The American people know better. we should settle for nothing less than help from the people who now stand on There is the right way to do things and perfection. this floor and crow about how much the honest way to do things. Yes, we Madam President, I yield 5 minutes they want to balance the Federal budg- ought to balance the budget. And when to the distinguished Senator from et. And the budget deficit came down we have taxing and spending decisions North Dakota. 60 percent. on the floor of the Senate to do that, The PRESIDING OFFICER. The Sen- We paid an enormous price for cast- join us and help us to it. ator from North Dakota. ing that vote. It was a price I was will- I am amazed that those who come Mr. DORGAN. Madam President, I ing to pay. I am glad I cast the vote. here speaking the loudest about this appreciate the comments of the Sen- And that is the way you reduce the issue will come on one of the largest ator from South Dakota. budget deficit. spending bills that will come before How do you eliminate the budget def- Madam President, for those who this body, the defense appropriations icit? Well, amending the Constitution, want to know where this Constitution bill, and say, ‘‘No, we are not spending if you do it the right way, will help. was written, it was written in a small enough. We want to add $10 billion And I am willing to do that. We had a room in Constitutional Hall called the more, and we insist that you spend it.’’ vote on it last week. I offered the sub- Assembly Room. Fifty-five white men I am amazed that those who come to stitute that would have amended the wrote the Constitution over 200 years this floor and talk about balancing the Constitution the right way. But I re- ago. George Washington’s chair is still budget are also the ones who come and fused to alter the Constitution in a say, ‘‘And, by the way, we want $500 at the front of the room because he way that will allow the Federal debt to billion in tax breaks.’’ They propose presided over the writing of the Con- keep increasing when they say it is in plans suggesting $30,000-a-year tax stitution. His chair is still there if you balance. want to go see where George Washing- I have asked repeatedly, and there is breaks for those that have $250,000 a ton sat as they drafted the framework no answer to it, why do the managers year in income. Why? I guess they for our form of government. George of this constitutional amendment pre- think we can afford it. Do you know Washington was the fellow who was re- tend to the American people that if that every dollar of tax break will be ported to have said, ‘‘I cannot tell a they pass it and then pass a budget borrowed and will add to the Federal lie’’ about cutting down the cherry that accomplishes it—when they pass debt in that plan? These are the people tree. this budget and then claim the budget who are now suggesting we alter the I was thinking about his chair when is in balance—why will the Federal Constitution the wrong way in order to I saw it in this room, and about the debt keep increasing? Why, in the very pretend that we have balanced the cherry tree, and lies, and about politi- year that they claim the budget is in budget. cal wafflers when we get involved in a balance, will they be required to in- Madam President, we ought to bal- discussion of this type. This is a very, crease the Federal debt limit by $130 ance the budget. Yes. Last week I even very important discussion. billion, in that year alone? Why? Why, offered a constitutional amendment to In the debate in the last couple of if the budget is balanced, will the Fed- do so drafted the right way, drafted in hours, one would think it is about bal- eral debt keep increasing? a way that it will not misuse the So- ancing the budget. It is not that. It is I have asked that a dozen times, and cial Security trust funds. But we ought about altering the Constitution of the no one has answered it. Why has no one not, no matter what the price—any of United States. It is now 4:32. If, by answered it? Because it is a fiction. us—ought not stand up and say, ‘‘Well, some magic, we could by 4:35 amend This constitutional amendment, the it doesn’t matter. We are just amend- the Constitution just like that, at 5 way it is crafted, is a fiction. It mis- ing the Constitution of the United o’clock nothing would have changed uses over $1 trillion in Social Security States. It may not be perfect. Yes, it with respect to this Government’s defi- trust funds to pretend they are bal- may cause some problems for Social cit or debt. ancing the budget, and, in fact, it is Security. But let’s do it anyway.’’ This is about altering the Constitu- not balanced. In fact, the Federal debt The 55 people who wrote the Con- tion. The question is, shall we do it? will keep increasing. That is why they stitution of the United States provided And, if so, how shall we do it? can’t answer the question. for a way that it might be amended. We voted on a constitutional amend- It is one more chapter in a book of But they always assumed, I suspect, ment last week to balance the Federal fiction. But this is a chapter of fiction that we would do the very best we S1916 CONGRESSIONAL RECORD — SENATE March 4, 1997 could to make sure this document is RISKS TO THE ECONOMY would let Congress off the hook by perfect, or is as near perfect a docu- First, this amendment could be eco- kicking massive responsibility for how ment for the governance of this coun- nomically ruinous. tax dollars are spent to the President try as is possible. During recessions, deficits rise be- or to unelected judges. This is the greatest democracy on cause tax receipts decline while var- IT ERODES THE FUNDAMENTAL PRINCIPLE OF the face of this Earth. I get a little ious Government payments, like unem- MAJORITY RULE tired of people talking about how awful ployment insurance, increase. By con- Fourth, this proposed constitutional this place is. Most people around the trast, the amendment would require amendment undermines the fundamen- globe want to come here because they disastrous raises in taxes or cuts in tal principle of majority rule by impos- understand the torch for freedom and countercyclical spending during a re- ing a three-fifths supermajority vote to the beacon of hope in this country still cession or depression. adopt certain budgets and to raise the burn brightly for all the rest of the As Treasury Secretary Rubin testi- debt limit. world. It is a remarkable place. And fied: ‘‘a balanced budget amendment Our founders rejected such super- when we alter the Constitution—and I could turn slowdowns into recessions, majority voting requirements on mat- am prepared to do so—let us make cer- and recessions into more severe reces- ters within Congress’ purview. Alexan- tain we do it the right way. sions or even depressions.’’ der Hamilton described supermajority I appreciate very much the Senator Our economic policy—especially as requirements as a ‘‘poison’’ that serves from South Dakota yielding. we attempt to compete and adjust in ‘‘to destroy the energy of the govern- Mr. DASCHLE. Madam President, I an increasingly global economy—must ment, and to substitute the pleasure, yield the remainder of my time to the be flexible enough to allow each gen- caprice, or artifices of an insignificant, ranking member, the senior Senator eration of Americans and each Con- turbulent, or corrupt junto to the regu- from Vermont. gress and President to deal with chang- lar deliberations and decisions of a re- The PRESIDING OFFICER. The Sen- ing economic conditions as they see fit spectable majority.’’ These super- ator from Vermont. in serving the best interests of the Na- majority requirements are a recipe for Mr. LEAHY. I want to thank the dis- tion and our citizens. Yet, this pro- increased gridlock, not more efficient tinguished Democratic leader for yield- posal would impose an inflexible pre- action. ing me a few minutes of time as we fin- scription on all future generations of The amendment’s supermajority re- ish up the debate on this important Americans in perpetuity. quirements would permit minority fac- constitutional question. IT INCREASES THE RISKS OF GOVERNMENT tions to extort pork barrel projects or By our Senate oath of office we each SHUTDOWN AND DEFAULT extreme legislation as their price for commit to ‘‘support and defend the Second, this constitutional amend- avoiding a Government shutdown and Constitution of the United States.’’ ment would vastly raise the stakes and default. Do we really want to allow 40 That is our paramount duty and a re- risks to taxpayers and all citizens of a percent plus one of the Members in ei- sponsibility that I certainly cherish in Government shutdown and default. We ther the House or the Senate to hold this opportunity to represent the peo- now have the experience of a year ago the budget hostage to their demands? ple of Vermont here today. to gauge just how great these risks IT IS A PIG IN A POKE A constitutional amendment on the would be to our economy. There is much truth to the axiom budget poses dangers to Vermont and Under the supermajority require- that the ‘‘devil is in the details.’’ This threatens the constitutional principles ments in the proposed amendment, a proposed constitutional amendment that have sustained our democratic minority of Members, either from a uses such general terms that even its form of Federal Government over the particular region or sharing a political sponsors and proponents concede that past 200 years. Separation of powers, philosophy, could force the U.S. Gov- implementing legislation will be nec- checks and balances, and majority rule ernment into default unless they got essary to clarify how it will work. are not constitutional guarantees to be their way—just like a handful of House What will this implementing legisla- altered without serious deliberation. Members in 1995 tried to force Presi- tion say? We will not find out until we The real question this year is not dent Clinton to accept their balanced see this implementing legislation. The whether to reduce the deficit, but by budget plan by refusing to vote to raise questions raised that still lack satis- how much and what cuts to make in the debt limit. factory answers are many: What pro- order to bring the budget into balance. This proposed constitutional amend- grams will be off-budget? What role That is the hard work that lies before ment would prevent the Treasury from will the courts and the President have us. taking the same measures it did during in executing and enforcing the amend- As President Clinton declared in his the 1995 budget crisis to avoid a de- ment? What will be considered compli- State of the Union Addresses: All we fault. Without that flexibility, the ance with the amendment? How much need to balance the budget is for Con- Government also would be unable to of a deficit may be financed and carried gress to pass a bill and for his signa- ensure on-time Social Security checks over to the next year? Many other ture. We do not need to change the or Medicare and veterans benefits. questions still await answers going to Constitution of the United States. AN INVITATION TO CONSTITUTIONAL CRISIS core matters that are critical to our The time and resources devoted to re- Third, this proposed constitutional understanding of what this amendment considering a constitutional amend- amendment risks seriously undercut- means. ment on the budget merely serve as a ting the protection of our constitu- Congress should not be asked to distraction from the real task at hand. tional separation of powers. amend the Constitution by signing Let us not be distracted, again, from No one has yet convincingly ex- what amounts to a blank check. Nor the true means to deficit reduction: plained how the proposed amendment should any State be asked to ratify a Hard work, hard choices, and biparti- will work and what roles the President pig in a poke. san cooperation with the President. and the courts are to play in its imple- In the interests of fair disclosure, Political courage has been an essen- mentation and enforcement. Congress should first determine the tial ingredient that has helped us reach Constitutionalizing the budget and eco- substance of any implementing legisla- the level of deficit reduction that has nomic policy would inevitably throw tion, as it did in connection with the been achieved over the past 4 years. We the Nation’s fiscal policy into the 18th amendment, the other attempt to cannot legislate political courage. We courts, the last place issues of taxing draft a substantive behavioral policy in must summon that ingredient from and spending should be decided under the Constitution. ourselves. our system. IT FAILS TO PROTECT BASIC COMMITMENTS TO In addition to being unnecessary, The effect could be to toss important OUR CITIZENS there are six key reasons why adoption issues of spending priorities and fund- Sixth, this proposed constitutional of this proposed 28th amendment to the ing levels to the President or to thou- amendment fails to live up to the com- U.S. Constitution would, in the words sands of lawyers, filing hundreds of mitments we have made to our citi- of Treasury Secretary Rubin, ‘‘be a ter- lawsuits in dozens of Federal and State zens. It uses the annual surplus in the rible, terrible mistake.’’ courts. If approved, the amendment Social Security trust fund to mask the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1917 true size of the Federal budget deficit would point out that I heard no criti- part has been good—troublesome to me for years to come. This is wrong. cism from him of the three Senators sometimes and discouraging in some of In addition to using the Social Secu- who had opposed this constitutional the things I have heard said, but still rity trust funds, this proposed con- amendment and now support it. the Senate has worked its will in terms stitutional amendment could short- I hear a Senator come in the Cham- of having the time that we needed to change our seniors who depend on Med- ber and say we need this to balance the debate this very important issue and to icare, our veterans who depend on serv- budget, and yet that same Senator has offer amendments. ice benefits, and our children who de- done nothing to bring out of his own I thank particularly the chairman of pend on nutrition programs. We have committee a budget, even though the the Judiciary Committee, Senator made commitments to our seniors, our law requires him to do so, within the HATCH of Utah, for the great work he veterans, and our children. But this next month. has done, for the long hours, in fact— amendment fails to honor our commit- Madam President, we do not need a yes, hours—he has spent in this Cham- ments. This is unacceptable. bumper-sticker, sloganeering constitu- ber speaking in response to comments CONCLUSION tional amendment to balance the budg- from other Senators, commenting on We Vermonters pride ourselves on et. We can just have enough courage to the amendments that have been of- being able to apply Yankee common face up to the special interest groups of fered. He has done an outstanding job. sense in sorting the sensible from the the left and the right and balance the If for no other reason, I hope we would fanciful, and this proposed constitu- budget ourselves. That is what we pass this amendment because of the tional amendment lacks common need. great work and the commitment he has sense, Yankee or otherwise. So many of those who are hollering to this effort and to this constitutional One of the newspapers in my State for this sound like the lion in ‘‘The amendment. I thank him for his great observed: ‘‘Amending the Constitution Wizard of Oz.’’ They are seeking cour- work. to require a balanced Federal budget age. If we do not have the courage to Also, Senator CRAIG of Idaho, Sen- would be like using a sledgehammer to do what is right, then we do not belong ator CRAIG THOMAS of Wyoming, Sen- nail a picket in a fence. The picket here. But I am afraid that some who ator BRYAN of Nevada, a Democrat who might stand, but at great risk to the want this are simply looking for some- has been involved, and 10 other Demo- fence.’’ thing that will reflect the passing poll crats who have been committed to this Even the short span of 2 years since of the moment. The Constitution of the constitutional amendment requiring a the last debate on this amendment has United States is not a passing poll of balanced budget, who have had the brought forward changed fiscal and the moment. The Constitution of the courage of their convictions to stand budget circumstances and new insights United States is the bedrock of this up and support this constitutional into the implications of amending the Nation. It is why we have the strongest amendment and make speeches in be- Constitution in this way. democracy in the world. It is why, inci- half of it. Let us not proceed with a view to dentally, we have the strongest econ- Senator COVERDELL has done an out- short-run popularity, but with a clear omy in the world. standing job in working with the peo- vision of our responsibilities to our Instead of running down our econ- ple from all over this country, through constituents and the Nation in accord- omy, instead of running down our Con- the land, who are interested in support- ance with our venerable and venerated stitution, instead of adding something ing this amendment. Senator SNOWE Constitution. that looks good on a public opinion has done a great job in helping make Madam President, for the last 4 poll but does not look good on the test sure that we had Senators who were weeks, I have been saying over and of time, we ought to do what is right: aware of the time who would come to over again to Senators, think about bring down the deficit by the hard the floor and make their statements. what we are doing. This country, which votes, not by tinkering with our Con- Many others have done a great job. I has a Constitution the envy of all other stitution. Let us not slap this bumper wish to recognize the work they have democracies on Earth, has amended sticker on the greatest Constitution done because a lot of time, a lot of that Constitution only 17 times since ever written. It is beneath the Senate. thought, a lot of great speeches have the Bill of Rights. In that 17 times, one It is beneath the House of Representa- been made as we have come to the con- of those amendments was to repeal an tives. But, more importantly, it does clusion of this debate on the constitu- earlier mistake, the amendment on great disservice to the finest Constitu- tional amendment for a balanced budg- prohibition. tion democracy has ever had. et. Madam President, during that time, Madam President, am I correct that Thomas Jefferson has been men- we have had civil wars, invasions of our the time of the Democratic leader has tioned a lot here in the debate. As a Nation, the War of 1812, terrible world expired? matter of fact, as I just came from the wars, Korean war, Vietnam war, de- The PRESIDING OFFICER. That is majority leader’s office, I was thinking pressions, recessions, earthquakes, nat- correct. about the fact that it was in that very ural calamities, expansion of our Na- Mr. LEAHY. I thank the Chair. room—yes, that very room—that the tion. With all these changes, most of The PRESIDING OFFICER. There House of Representatives met in 1801 which were far, far greater than any- will now be 30 minutes under the con- and took 36 ballots—36 ballots, would thing we see today, we resisted the trol of the majority leader or his des- you believe it—to elect Thomas Jeffer- temptation to amend the Constitution. ignee. son of the United States over Aaron We resisted the temptation to tinker The Chair recognizes the distin- Burr. How close they came to making a with our Constitution, and we always guished majority leader. mistake. came out a stronger nation. Mr. LOTT. Madam President, I yield I think that this, too, is of such his- We hear talk about Thomas Jeffer- myself such time as I may consume of toric significance. We should not make son. Thomas Jefferson borrowed twice my 30 minutes, but I do want to reserve a mistake here today and not pass this the budget of the United States for the the closing 5 minutes for the distin- amendment. We should vote for it. And Louisiana Purchase. Can you imagine guished chairman of the Judiciary the impact would be monumental—per- what this country would be like had he Committee. So after 25 minutes, if I am haps not as monumental as electing not had the foresight to do that? Or still going, I hope the Chair will give Thomas Jefferson, but certainly would can you imagine what this country me that notification. have impact on the future of all Ameri- would be like had he had the same con- I should like to begin, Madam Presi- cans for years and years to come. It is stitutional amendment and not been dent, by expressing my appreciation to historic. able to borrow the money for the Lou- all the Members of the Senate. We have I am very proud that we have kept isiana Purchase? Where would this Na- been debating this issue now for a our word to the American people that tion be? month or more. It has been a good de- we would fight for this amendment, I hear one Senator come in the bate. Every Senator has had an oppor- that we would bring it to a conclusion, Chamber and talk about Senators who tunity to express himself or herself, and that we would try to get it added appear to change their position. I and I think the debate for the most to the Constitution so that we would S1918 CONGRESSIONAL RECORD — SENATE March 4, 1997 have the guarantee, the additional le- Social Security—when all else fails, I do think that a constitutional verage, the backbone that is needed to bring up Social Security. I have heard amendment requiring a balanced budg- have in fact a balanced budget. So we it for years. I have been worried about et is an amendment that is worthy of have kept that commitment, and all it over the years, and I have cast some going into the Constitution. Surely, Americans will have a brighter, more votes that made it clear that I do not Thomas Jefferson objected, back in the prosperous future when we pass a con- want Social Security to be threatened beginning of our great country, and stitutional amendment requiring a bal- or abused in any way. This amendment would object now, to the debt we are anced budget. will not do that. In fact, the only thing building up—trillions of dollars. If we I noted the comments earlier today that we could do that would threaten do not get a balanced budget—in fact, that 55 people wrote the Constitution. Social Security is that we not get a even if we do get a balanced budget Well, 55 Republican Senators, every Re- balanced budget. That is how we would agreement—the debt will probably still publican Senator, will vote for this get in trouble with Social Security. go up by close to $1 trillion. When will amendment today, and a minimum of By the way, if it is so critical, if it is, it end? 11 Democrats. It is bipartisan. We do in fact, something that should not be It brings to my mind the statement know that this needs to be done. We included in the budget, why does the we have heard before, ‘‘If not now, need to get that additional vote that President, year after year, including when? If not us, who? would give us the 67, and I think maybe this year, include Social Security in If we are not prepared to step up and that is still possible before all is said his budget? This is absolutely a diver- pass this constitutional amendment and done on this constitutional amend- sion, and it is unfair to the seniors in now, we are admitting, based on what ment. this country that we try to scare them we have seen from the President’s Just yesterday, we had additional by indicating in any way that this budget proposal this year, it is not proof of the need for this constitu- would affect Social Security. The re- going to happen any time soon. The verse is true. I will take my stand and tional amendment. Six Presidents, over deficits annually will begin to build up stake my defense of Social Security 1,400 Members of Congress, and ap- and to build up again, and so will the proaching 1,000 Senators over the years against anybody’s record in this body. Americans support this constitu- debt. have made an effort to get a balanced We are stealing from the future of tional amendment. That is why you budget agreement, but through 28 hear all these diversions. That is why our children. They are the ones who years and all these Congressmen and you hear, ‘‘Well, but for this,’’ ‘‘Yes, are going to pay the price for this, and Senators—and I want to make sure I but,’’ ‘‘Maybe, but I cannot do it unless I feel very strongly that, if we put this have the exact number on the Sen- you do that.’’ The American people are in the Constitution with the protec- ators. I think that number is high. We overwhelmingly for this. tions that are there so that if we do have had well over 1,500 Congressmen Senator COCHRAN, my colleague from have economic problems or if we have a and Senators who said we should have Mississippi, and I are for it and our national emergency, there is a way to a balanced budget, but we have not had constituents are for it; in my State, get out. There is the three-fifths vote— one. We have not achieved one in 28 over 80 percent. So it is relatively easy 60 votes. We get 60 votes around here years—good intentions by men and for us. But we are also for it because quite often. women, but it has not happened. It we believe increasing debt is the wrong We want to make it tough. If you looks like we will not have it for at thing to do. make it so easy that you can just have least a couple of more years, at the Let me just read some of the excuses a vote and it will all just be wiped most not until the year 2002. And, yet, we have heard over the years. The aside, you know Congress will do that. in the President’s budget that was sent truth of the matter is there are a few Congress has proven time and time to us, we find deficits do not go down, Democrats who do not want a constitu- again they will do that. they go up by over $25 billion in the tional amendment for a balanced budg- In the past, we have tried to pass next fiscal year. et. They just do not want it. But they statutes that would guarantee that we We find that, instead of having tax have said: ‘‘Well, I would be for it ex- get a balanced budget, and it has not relief for working Americans, you have cept we want a Republican Congress to happened, because what has happened? a net tax increase in the President’s show their plan first,’’ or, ‘‘We want to We come along and we say we are going budget. And, worst of all, 98 percent of wait until after Republicans have to exempt all these various and sundry his so-called budget savings, or spend- passed a budget plan,’’ or, ‘‘Only if you things. Or, if it really gets tough, like ing restraints, would come in the last 2 exempt Social Security,’’ or, ‘‘Yes, you we did with the Gramm–Rudman-Hol- years, after the year 2000, after the must exempt emergency spending, you lings, we just move the date. We just turn of the century, after this Presi- must exempt veterans, you must ex- pass another statute. As long as it is dent is gone—proof positive, once empt housing.’’ How about an amend- just a bill, as long as there is a way to again, that there is not yet a sufficient ment by Senator WELLSTONE to exempt avoid the tough decision, I fear the commitment by the President to get a all education, health, and welfare; ex- Congress will take advantage of that. balanced budget agreement. Without empt all college aid and training? They We have proven here in this body, in this constitutional amendment, I still would exempt all law enforcement, ex- the past 6 months, we can work to- have my doubts as to when it will hap- empt the Tennessee Valley Authority, gether. We can be bipartisan. We can be pen. and highways, bridges, dams, roads, civil to each other. And, when we work Now, the Senator from North Dakota buildings, ice skating warming huts, in a bipartisan way, when we put our commented earlier about how he had and pork. They would exempt 77 per- minds to it, we can produce results. voted for a budget that reduced the def- cent of the nondefense, noninterest Last year, there we were passing icit. Look, if everybody will agree just budget, if you went through that. And these issues, many of them that had to raise taxes and keep raising taxes, I the list goes on, one excuse after an- been in the making for years, like tele- guess you could reduce the deficit. Of other. communications and welfare reform, course, at some point there is a point Anybody who is looking for an excuse health insurance reform. We did not of no return. When I hear from my own not to be for a balanced budget, look- pass them by narrow margins. We son, who calls me and says, ‘‘Dad, look, ing for an excuse not to be for a bal- passed them by wide margins. Once we I am working hard, I have 55 people anced budget amendment, they can made up our mind we would, we did it working for me, but 50 percent of ev- find it, they can find something to hide in a bipartisan way. That is one of the erything I make is going to taxes, why behind. But the American people, I be- lessons I learned. I am glad this is bi- is that? What are you going to do about lieve, see through that. They have partisan. But I note also we must get it?’’ You know, that has an impact on watched for years. They know that it one more of the 34 Democrats in order me. The solution to balancing the has not been happening. They are wor- to pass this constitutional amendment. budget is not to raise more taxes, as ried about the interest on the national A second lesson I have learned re- happened in 1993; it is to control spend- debt. They are worried about the fu- cently is good intentions just have not ing for the interests of our children and ture of the economy in our country. worked. It is not enough. You need this for all Americans. They know this should be done. additional leverage. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1919 So, I urge my colleagues here today, I guess that’s so. That’s perfect. If you the balanced budget rule for a year if be proud of what we have done. Make want to keep spending and borrowing, that was truly necessary. That is a sure we are going to live up to the com- that’s perfect. In other words, if you considerably different position from mitments that we have made to the want to keep the status quo, that is the what has been demagoged throughout American people. Join the American way to do it: Just hide everything in a this debate. people. I want us all to have the cour- loophole, and then you can say you Despite what my friend asserted, age of our convictions and be prepared ‘‘balanced’’ the budget. No, we don’t under the balanced budget amendment, to vote yes or vote no, if that is what need this kind of perfection. What we assets of the Federal Treasury could be we think is right. But I do think we need is a real-world solution, one that drawn upon to ensure payments to also should take some lessons from our will make a difference. beneficiaries when the system starts constituents. They have it figured out. I have to say, I am doggone tired of running annual deficits. Senators DO- They support a constitutional amend- the demagoguery on Social Security. MENICI, MACK, and I also received a let- ment for a balanced budget overwhelm- You would think these people here on ter from the CRS supporting my provi- ingly. Why can we not get it through the other side against this amendment sion. The nonpartisan Concord Coali- this institution? are the only ones who care about So- tion, founded by the late Paul Tsongas, I believe the House will take this cial Security. Let me tell you some- a Democrat, and Warren Rudman, a issue up in the next month or so, and I thing, I care about it. I watched what Republican, has also addressed this believe they will pass it. Some people it did for my folks. I know exactly issue. In a memorandum dated Feb- have their doubts about that, but I still what it does, and I don’t want to ever ruary 18, 1997, the coalition concluded have confidence they will. And when see it hurt, and neither does anybody that the Senators’ position that if the they do, we will take another look at else who is voting for this amendment, balanced budget amendment does not considering this issue if, in fact, it does and that is the vast majority of people exempt Social Security it will some- not pass this afternoon. But this is an in this body. how nullify the trust fund surpluses issue that will not go away. You are doggone right we like Social and prevent payment of benefits to re- In fact, if you look at the Constitu- Security, and we are tired of the dema- tired baby boomers is nonsense. tion, the last amendment that was goguery. Every time they are losing, Let me quote further. This is what added to the Constitution was actually they try to bring up a Social Security the Concord Coalition says: pending for, I think, 200 years; the 27th amendment to hide behind, because What the BBA would do is to raise national amendment to the Constitution. It was they don’t want to cast the right vote, savings and thus make Social Security, language for years and years. Finally and they know it, we know it, and, la- along with a myriad other claims on tomor- the State of Michigan ratified it and it dies and gentleman out there in the row’s economy, more affordable. It would be country, you know it, too. I am tired of ironic, indeed, if concern about funding So- became the 27th amendment. I hope we cial Security, whether real or pretended, do not have to wait that long for this it. It is not right for them to contin- turns out to be an issue that sinks the bal- amendment, but we are going to pass ually hide behind these phony issues. anced budget amendment. Let’s be clear, the this amendment and, if we do or we do Can you imagine having Social Secu- balanced budget amendment would in no way not, I am going to work with the dis- rity cast aside outside of the balanced honor the status of the Social Security trust tinguished chairman of the Budget budget amendment and its protections, funds. Committee. We are going to try to find standing there all alone so that any- The real issue here is, how are we a way to get a balanced budget agree- thing could be called Social Security? going to fund the Social Security trust ment. But I believe that this additional Once that game starts, forget Social funds when the system becomes insol- requirement in the Constitution will Security. vent around the year 2019, 2029 for sure? guarantee that we will do that job. These people who are arguing that The answer depends on the national Madam President, I yield the floor. are the foes of Social Security. If they debt. It is the size of the national debt The PRESIDING OFFICER. The Sen- really cared for Social Security, by that threatens the Social Security pro- ator from Utah. gosh, they would be passing this bal- gram, and, I might add, we are adding Mr. HATCH. I thank the majority anced budget amendment and getting to that national debt one more unbal- leader for his leadership on this par- spending under control. It is about anced budget, and that is the one for ticular issue. He has been a leader on time to get rid of the demagoguery, fiscal year 1998. That is it. This is the this issue ever since I have been work- and I am tired of it. President’s budget on top of these 28 ing on it, I have to say, both in the Let me also say, I was quite upset other unbalanced budgets that we have House and in the Senate. I am proud of today to hear in the closing remarks been pointing out throughout this de- him. the minority leader come out here bate. Look, we have heard from the minor- again and start using a distortion of Only if we pass the balanced budget ity and the minority leader that the the Congressional Research Service. I amendment will we preserve Social Se- perfect balanced budget amendment was asked outside, ‘‘Have you lost con- curity, and that is the truth in this de- would exempt all capital expenses, fidence in the Congressional Research bate, and I am tired of the dema- however defined; Social Security, how- Service?’’ by one of the leaders in the goguery. ever defined; military responses or media. Of course we have not, because Just think about this national debt. buildup, however understood, crime they made it clear that the interpreta- Forty-six days ago, when the Judiciary control; times of economic downturn; tion was not as the minority leader has Committee began the debate on the national disaster or emergency; edu- been saying. As a matter of fact, we balanced budget amendment in the cation; nutrition programs, and so made that clear on the floor. There 105th Congress, I used a debt clock forth and so on. Gee, what is left under should not even have been a question ticking off thousands of dollars each this proposal, under the minority lead- about it. second to illustrate the magnitude of er’s proposal? It is pretty apparent The CRS memorandum dated Feb- our country’s growing debt. As we have they don’t want a balanced budget ruary 5 that my colleague was alluding debated Senate Joint Resolution 1 for amendment. They do not want a fiscal to did not conclude in any way what- the past 46 days, that clock has contin- mechanism that will make it more dif- ever that the balanced budget amend- ued to run, and our national debt has ficult for them to increase taxes, to ment would harm Social Security. All increased in that period of time, that pay for more expensive programs or to the CRS memorandum concluded was 46 days, $25 billion, while these folks increase the debt to pay for more ex- that assuming the Social Security sur- are talking about ‘‘we just have to pensive programs. What’s left? Just in- plus survived to the year 2019, the year have the will to do it.’’ Tell me where terest expenses? Well, that’s a perfect Social Security would start running the will is in the last 29 years, includ- balanced budget amendment if you annual deficits, this previous accumu- ing next year’s budget. That is the want to keep spending. lated surplus could be used to help pay President’s budget. It is unbalanced, by It was admitted today that if we had for future deficits, but only if it is off- the way. a ‘‘capital budget exemption,’’ we set by revenues or budget cuts. Of Madam President, I don’t know about would have a ‘‘balanced budget’’ today. course, we could also vote to suspend other States, but in Utah, 25 billion S1920 CONGRESSIONAL RECORD — SENATE March 4, 1997 bucks is a lot of money. In fact, with President took over. That is not the Every time somebody says, ‘‘Let’s just that money, we could send every man, way to do it. do it’’—I have heard that for 21 woman, and child in Utah to the Uni- This stack of books is a wall standing straight years now, ever since I came versity of Utah, pay their tuition, between us and fiscal responsibility to the Senate. I will tell you some- room, board, and books. and balanced budgets. The bricks in thing; we are not just doing it. To give you the magnitude of that this towering wall are the unbalanced To all those who say we can balance debt, let me give you an idea of how budget submissions for the last 28 the budget without the constitutional much money we are talking about. years, 28 years of strapping debt on to requirement, I say to Democrats and With $5.3 trillion, which is our national the backs of our children, a towering the President that this towering wall debt today, you could paper Washing- wall of overspending the hard-earned of irresponsibility is limiting our ton, DC, with 100 dollar bills corner to money of the American people, a tow- young people’s future. I am convinced corner with enough left over to give a ering wall that demonstrates that the we cannot do it without putting a fis- block grant to every State of about $6.3 score for special interests is 28, the cal mechanism in to cause us to stand billion. You could also purchase every American people zero. up and vote to do what is right. It is a new automobile ever sold in the United Some people say, all we need is the wall of irresponsibility that is limiting States and still have enough left over will. Well, this towering wall rep- our young people’s future. We must do to purchase every airline ticket ever resents 28 straight years of the failure something about it now. sold for travel in the United States. of will and the failure of responsibil- Mr. President, you fought against the The U.S. Bureau of Printing and En- ity—now, 29. It is higher than I am, and balanced budget amendment. I have to graving and U.S. Mint would need 371⁄2 that is two stacks, not one. Before we say, this big wall here is going to cause years at its current rate of printing to are through, if we do not do something us pain through the rest of our lives print and coin enough money to equal about a balanced budget amendment, unless we pass a balanced budget $5 trillion. these will go all the way to this ceil- amendment. I am saying to the Presi- Madam President, $5 trillion stacked ing. The President’s actions, evidenced dent right now, and to our colleagues in pennies would reach all the way to by his budget submission and his allies’ on the other side, let us tear down this the planet Jupiter. Give me a break, work in defeating the balanced budget wall of unbalanced budgets and let us will you? amendment here in the Senate, sug- do what is right. If we will, everybody All disposable personal income in the gests that we are just putting another will benefit from it. United States does not approach $5 brick on this wall. Mr. LOTT. Mr. President, I ask for trillion—all disposable income. Frankly, I believe we will never get the yeas and nays on final passage. If all the home equity in the United past this wall without a constitutional The PRESIDING OFFICER. Is there a States was applied to the national requirement to balance the budget. sufficient second? There is a sufficient debt, there would still be a half trillion Mr. NICKLES. Will the Senator second. dollars of debt left over. That is what a yield? The yeas and nays were ordered. mess this is, and we have these people Mr. HATCH. Yes. The PRESIDING OFFICER. The saying, ‘‘Let’s just do it and the Presi- Mr. NICKLES. You just placed the question is on the engrossment and dent will sign it.’’ President’s budget for this year on top. third reading of the joint resolution. Give me a break. Here is the Presi- Am I correct in saying that last year The joint resolution was ordered to dent’s budget right there, on top of the the deficit was $107 billion, forecasted be engrossed for a third reading and other 28 other unbalanced budgets. for 1997 to be $116 billion, and then in was read the third time. Madam President, $5 trillion would 1998, under the President’s budget—this The PRESIDING OFFICER. The joint consume all the wages and salaries is by the Congressional Budget Of- resolution having been read the third earned by every American for 18 fice—— time, the question is, Shall the joint months. Mr. HATCH. His budget. resolution pass? The yeas and nays Unfortunately, without the constitu- Mr. NICKLES. It goes to $145 billion, have been ordered. The clerk will call tional discipline offered by Senate and then in 1999 to $142 billion, and the the roll. Joint Resolution 1, the downward defi- year 2000 to $135 billion? Isn’t that the The assistant legislative clerk called cit spiral is likely to continue. The report that we just had from the Con- the roll. point is underscored by CBO’s most re- gressional Budget Office? We have 4 The yeas and nays resulted—yeas 66, cent projection that in the year 2002, years of deficit increases under the nays 34, as follows: total Federal debt will exceed $6.8 tril- President’s proposal? [Rollcall Vote No. 24 Leg.] lion. Come on, it’s time to wake up. I Mr. HATCH. That is correct. In the YEAS—66 wonder what some people are thinking, last 2 years we are going to cut 98.5 I really do. percent in order to get to a balanced Abraham Faircloth McCain Allard Frist McConnell Well, I don’t mean to demean the budget by the year 2002. Anybody be- Ashcroft Gorton Moseley-Braun Senator from Vermont who has had to lieves that, boy, do I have something to Baucus Graham Murkowski make almost every argument against sell for you. Bennett Gramm Nickles Biden Grams Robb it today by himself. He did have two or Mr. NICKLES. Will the Senator yield Bond Grassley Roberts three others come over. further? Breaux Gregg Roth Mr. LEAHY. If the Senator would Mr. HATCH. Yes. Brownback Hagel Santorum yield, it would be OK if I win, though. Mr. NICKLES. Isn’t it correct that Bryan Harkin Sessions Burns Hatch Shelby I will not lie. under the President’s budget, actually Campbell Helms Smith, Bob Mr. HATCH. He said we won 14 or so the deficit next year, according to the Chafee Hutchinson Smith, Gordon votes, it is time for him to win one. Congressional Budget Office, will be $24 Cleland Hutchison H. The PRESIDING OFFICER. The ma- or $25 billion more than if we did not Coats Inhofe Snowe Cochran Jeffords Specter jority leader has 5 minutes remaining. pass a budget? In other words, his Collins Kempthorne Stevens Mr. LOTT. I yield the remainder of budget actually increases the deficit Coverdell Kohl Thomas my time to the Senator from Utah. for the next 4 years in relationship to Craig Kyl Thompson D’Amato Landrieu Thurmond Mr. HATCH. I thank my colleague. present law? DeWine Lott Warner I heard this language, by one of the Mr. HATCH. If we did just what we Domenici Lugar Members of the Senate, that we are are doing now, the Senator is right, we Enzi Mack just interested in a quick and easy fix, would be a lot better off than the NAYS—34 like instant rice, like Jiffy Lube, like President’s next 5-year budget. He is Akaka Dodd Hollings instant coffee. A quick and easy fix, saying that is a balanced budget. I do Bingaman Dorgan Inouye my foot. We do not believe that the not believe we will get all the way to a Boxer Durbin Johnson only way to solve problems is by in- balanced budget and stay there with- Bumpers Feingold Kennedy Byrd Feinstein Kerrey creasing taxes every time, which is ex- out a constitutional requirement. I Conrad Ford Kerry actly what happened here when this think this stack of books proves it. Daschle Glenn Lautenberg March 4, 1997 CONGRESSIONAL RECORD — SENATE S1921

Leahy Murray Torricelli who did the right thing and voted for Andy Vermilye with Senator BRYAN; Levin Reed Wellstone Lieberman Reid Wyden fiscal responsibility and accountability Russ Sullivan, Mike McGinn and Bar- Mikulski Rockefeller in spite of President Clinton’s opposi- bara Ramey with Senator GRAHAM; and Moynihan Sarbanes tion. Among them, Senators BRYAN, Rob Brazil with Senator ROBB; and last The PRESIDING OFFICER (Mr. GRAHAM, ROBB, MOSELEY-BRAUN, KOHL, but certainly not least, David Hoppe, BROWNBACK). The galleries are advised BREAUX, and BAUCUS deserve special Alison Carroll and Keith Hennessy in that expressions of approval or dis- recognition as they are all original co- the majority leader’s office. Let me approval are not permitted in the Sen- sponsors of the balanced budget amend- also thank Bruce Cohen and Ed Pagano ate Chamber. ment. Let me also recognize Senator of Senator LEAHY’s Judiciary Commit- On this vote, the yeas are 66, the BIDEN, the former ranking member of tee staff. nays are 34. Two-thirds of the Senators the Judiciary Committee who also Last, Mr. President, I would like to voting, a quorum being present, not voted for the amendment, and Senators thank the very special people who have having voted in the affirmative, the HARKIN, LANDRIEU, and CLELAND. worked with me on this issue: Manus joint resolution is rejected. As you can see, Mr. President, the Cooney, Sharon Prost, Shawn Bentley, The joint resolution (S.J. Res. 1) was balanced budget amendment is a bipar- Larry Block, Paul Larkin, Steve Tepp, rejected. tisan effort. The 11 courageous Demo- Paul Joklik, Troy Dow, Eric Sampson, Mr. DASCHLE. Mr. President, I move crats joined with all 55 Republicans in Jennifer Carrico, Allison Vinson, and to reconsider the vote. the Senate to support what we under- Irosha Ratnasekera. Many staffers Mr. FORD. I move to lay that motion stand is necessary if the budget is to have worked long and hard in the most on the table. truly be brought into balance. Unfortu- dedicated fashion, I thank them all for The motion to lay on the table was nately for the American people, the 34 their devotion to duty and to our coun- agreed to. Democrats who voted against the bal- try. Mr. HATCH. Mr. President, I am dis- anced budget amendment were just Mr. LEAHY. Mr. President, I want to appointed with the Senate vote. I am enough to defeat it. acknowledge the distinguished man- disappointed for the American people, Two years ago I stood here after a ager of the resolution and chairman of especially younger Americans, and our very similar vote and promised that we the Judiciary Committee. The Senator children and grandchildren. They were would not give up the fight for our from Utah is a tough opponent and one the ones who lost in this defeat. I hope children’s future. This year we re- who I know is committed to and sin- our younger voters will take notice of turned stronger than ever. And so I cerely believes in this proposed amend- who was on their side and who was not, make the same promise again, we will ment to the Constitution. He has cer- the next time they vote. be back! We will be back and we will tainly done everything that he could The sad reality is that the bridge to continue to gain strength until we and spared no effort to persuade the the 21st century is likely to be washed enact the balanced budget amendment Senate to pass this proposal. As the ranking Democrat on the Ju- out in a flood of debt. I hope I am and finally, after decades of excuses, diciary Committee, I look forward to wrong and that we will now work to broken promises, and more deficits, we working with him on important legis- enact a real plan to get to a balanced will balance the budget. budget. I hope that those who have Mr. President, an effort such as the lation and nominations through the re- killed the balanced budget amendment one we have been involved in over the mainder of this Congress. I want to thank the distinguished this time will actually work to balance past month requires the time, talent, Democratic leader, Senator DASCHLE the budget. But I must admit, I am not and commitment of a large number of for his leadership on this issue. He too hopeful that we will get to balance people. While I cannot name them all, helped set the tone of the debate early and stay there without the force of a I would like, at this time, to extend my on, when he articulated the standard constitutional requirement to do so. gratitude to the Senators and staff who that we should apply when considering This year we will add another budget were so instrumental. a proposal to amend the Constitution. to this mounting stack of fiscal irre- Let me first thank our majority lead- I want to thank the distinguished sponsibility. er for his pivotal role. Senators CRAIG, senior Senator from West Virginia. We When we began this Congress, less THURMOND, and DOMENICI of course, all owe a debt of gratitude to Senator than 2 months ago there, were 68 Sen- have my admiration and thanks. I am BYRD. I said in my opening statement ators who had either previously voted also especially grateful to Senators at our first Judiciary Committee hear- for this amendment—the exact same NICKLES, COVERDELL, MACK, GRASSLEY, ing on January 17 that we would be amendment, or who had promised dur- RAMM NOWE BRAHAM HOMAS G , S , A , and T . privileged to have Senator ROBERT C. ing their recent campaign to support Last, but certainly not least, I would BYRD with us during this floor debate it. I believed that we could count on like to thank our new Republican col- to instruct all of us on these historic them to keep their promises. Yet, only leagues: Senators ENZI, HAGEL, HUTCH- matters. Senator BYRD did not dis- moments ago, only 66 votes were cast INSON, ALLARD, COLLINS, SESSIONS, appoint. Indeed, his challenge to the in favor of fiscal discipline. Those two BROWNBACK, and ROBERTS. The ener- proponents to explicate their proposal missing votes are the difference be- getic support of the newest Members of and their failure to do so provided the tween passing the balanced budget the Senate bodes well for the future fulcrum on which this debate has amendment and adding still more prospects of the balanced budget turned. failed budgets to this pile of 28 straight amendment. I want to commend those Members years of deficits. Let me also thank Senator LEAHY, who had the courage to look behind the As disappointed as I am, however, I the new ranking member on the Judici- title of the proposal and help us focus am also very proud of my colleagues ary Committee and the minority floor on its dangers and vagaries. In particu- who stood up and were willing to vote manager during this debate, for his co- lar, I thank all those who came forward to protect our children and grand- operation and courtesy. with such thoughtful amendments. children from worsening the crushing Finally, I would like to single out Senators KENNEDY, FEINSTEIN, burden of debt that has already been some of the staff members who worked FEINGOLD, DURBIN, and TORRICELLI loaded on their backs. Senate Joint so long and hard on this matter: from the Judiciary Committee, and Resolution 1 began this Congress with Damon Tobias with Senator CRAIG; Bill Senators BOXER, WELLSTONE, REID, 62 cosponsors, Mr. President. That is an Hoagland, Austin Smythe, and Jim BUMPERS, and DORGAN each offered all-time high. We have now had two Capretta of Senator DOMENICI’s Budget amendments that raised important is- consecutive Congresses in which the Committee staff; Tom Geier with Sen- sues and added greatly to the debate. Senate missed approving the balanced ator SNOWE; Bryan Reardon with Sen- I want to thank Senators LAUTEN- budget amendment by a single vote. ator ABRAHAM; Mitch Bainwol with BERG, SARBANES, CONRAD, and GLENN There can be no doubt that support for Senator MACK; Doug Badger and Hazen for their contributions and their full this much-needed measure is growing. Marshall of Senator NICKLES’s major- participation in this historic debate. I am particularly proud of, and grate- ity whip office; Kyle McSlarrow and I commend those cosponsors of the ful to, the 11 courageous Democrats Carl Parks with Senator COVERDELL; resolution who nonetheless offered S1922 CONGRESSIONAL RECORD — SENATE March 4, 1997 amendments, spoke in favor of various riod for the transaction of morning Bill Dauster leaves behind him a amendments, or voted not to table the business, with Senators permitted to string of accomplishments of which few amendments that were offered. I hope speak therein for up to 5 minutes each. can boast, and of which many would that they will continue to think about The PRESIDING OFFICER. Without envy. He has participated in Congress’ the problems that have been raised objection, it is so ordered. reception of 11 Presidential budget sub- with the proposed constitutional f missions and 11 years of budget hear- amendment. ings. I want to thank the organizations THE VERY BAD DEBT BOXSCORE He had a strong hand in drafting 8 that have provided invaluable informa- Mr. HELMS. Mr. President, at the budget resolutions, the Budget En- tion and insights into this debate. In close of business Monday, March 3, the forcement Act of 1990, the 1987 revision particular, I would like to thank Federal debt stood at of Gramm-Rudman-Hollings, at least a Charles Loveless and Edwin S. Jayne, $5,358,956,534,107.64. few amendments to the balanced budg- of the legislation department at Five years ago, March 3, 1992, the et amendment, and amendments expos- AFSCME, who spearheaded the Coali- Federal debt stood at $3,830,561,000,000. ing the weaknesses of entitlement tion on Budget Integrity, and Robert Ten years ago, March 3, 1987, the Fed- caps. Greenstein and Ellen Nissenbaum, of eral debt stood at $2,260,323,000,000. During that time, Bill also wrote 3 the Center on Budget and Policy Prior- Fifteen years ago, March 3, 1982, the editions of a budget process law book, ities, who spearheaded the Center’s re- Federal debt stood at $1,051,000,000,000. 3 budget law review articles, numerous search on this proposed constitutional Twenty-five years ago, March 3, 1972, speeches, and more than 20 op-ed pieces amendment. I also thank Eugene the Federal debt stood at that have appeared in the Los Angeles Lehrmann for his important testimony $424,645,000,000 which reflects a debt in- Times, the Washington Monthly, Roll on behalf of the American Association crease of nearly $5 trillion Call, the Hill and the Sunday Journal for Retired Persons. I commend the 150 ($4,934,311,534,107.64) during the past 25 newspapers of suburban Washington, organizations that made up the Coali- years. DC. He can be justifiably proud of all of tion on Budget Priorities for the hard f them. Bill’s keen wit, nimble mind, and ability to turn a phrase are as evident work of each of their representatives TRIBUTE TO WILLIAM G. DAUSTER and all of their volunteers. and legendary as his extensive library I also commend Professors Robert Mr. HOLLINGS. Mr. President, I rise and e-mail list. The Budget Committee Eisner of Northwestern University, today to pay tribute to a most valued may have afforded Bill a wealth of op- Robert M. Solow of MIT, and James staff member of the Senate Budget portunities, but this body is the richer Tobin of Yale University and the 1,060 Committee who will leave the commit- for it. economists from around the country tee this Friday to join Senator KEN- Bill’s re´sume´, however, does not do who came forward with a joint state- NEDY at the Labor and Human Re- justice to the enormous contributions ment to condemn the proposed con- sources Committee as general counsel he has made, not just to the budget stitutional amendment. and deputy staff director. process, but to our fellow citizens as Finally, I thank the Senate staff for I am speaking of Mr. William G. well. He personifies a true servant, not its dedication and professionalism dur- Dauster, known to every Democratic only of this great institution, but of ing the debate on this proposed con- Senator who ever had a question on the the people we serve. stitutional amendment: Larry Sein and budget, an amendment to the budget Blessed with enormous intellectual Jonathan Adelstein from Senator resolution, or a budget point of order, skills, Bill has also exhibited great DASCHLE’s staff; James English and simply as, ‘‘Bill.’’ compassion for the less fortunate Peter Kiefhaber from Senator BYRD’s You could see Bill Dauster on the among us, especially America’s chil- staff; Caroline Chambers and Jeremy Senate floor, late at night, at the side dren and the disabled. Bill has toiled Bates from Senator DORGAN’s staff; Mi- of Budget Committee Chairmen Chiles tirelessly on their behalf. And his chael Myers and Melody Barnes from or Sasser, or Ranking Minority Mem- source of inspiration has always been Senator KENNEDY’s staff; Kevin Cronin ber Jim Exon. He was the best right his family—his wonderful wife Ellen from Senator FEINSTEIN’s staff; Sum- hand and the finest counsel these Sen- Weintraub and their three children, ner Slichter and Michael O’Leary from ators could seek. Matthew, Natanya, and Emma—to Senator FEINGOLD’s staff; Tom Faletti As the longest serving member on whom Bill is devoted. I certainly don’t want to make this from Senator DURBIN’s staff; Eric Shuf- the Budget Committee, I have known sound like a eulogy, since Bill will be fler from Senator TORRICELLI’s staff; Bill since he first walked in the door just down the hallway from the Budget JIM RYAN FROM SENATOR REID’s staff; almost 11 years ago after working in Bill Dauster and Jodi Grant from Sen- private practice as a litigator with the Committee. And I trust Senator KEN- NEDY will still let us call or visit with ator LAUTENBERG’s staff; and Julie New York City law firm of Cravath, Kehrli and Carlos Angulo from Senator Swaine & Moore. Bill Dauster served Bill to benefit from his counsel. So this is not farewell, but merely thank you, SARBANES’ staff. From Senator HATCH’s on the committee, first as chief coun- staff, I would like to thank Manus sel from December 1986 to November Bill, for a challenge well met and a job Cooney, Sharon Prost, Shawn Bentley, 1994, and then rose to the position of well done. Paul Larkin, Larry Block, Steve Tepp, Democratic staff director and chief f and Troy Dow. I was assisted, in par- counsel. MEASURE PLACED ON THE ticular, by Ed Pagano and Michael I saw Bill grow into one of the most CALENDAR respected and expert voices on the Carrasco. The following measure was read the As in so much that I do, my counsel budget. His advice and guidance made him an invaluable resource to all second time and placed on the cal- Bruce Cohen was indispensable. endar: This effort would not have been suc- Democratic Senators. I think he S.J. Res. 19. Joint resolution to disapprove cessful, however, without the attention taught a few lessons to some of our col- leagues on the other side of the aisle as the certification of the President under sec- and efforts of hundreds and thousands tion 490(b) of the Foreign Assistance Act of of concerned Americans who want to well. But they respected him, too. 1961 regarding foreign assistance for Mexico balance the budget while preserving Bill Dauster took on more thankless during fiscal year 1997. the Constitution and the guarantees tasks than any reasonable man could f that it provides. Their calls and letters ask for, including some of the most ar- made the difference. This is their vic- cane issues and twists and turns of EXECUTIVE AND OTHER tory. budget process imaginable. And he did COMMUNICATIONS f it with enormous dedication, consum- The following communications were mate patience, an abundance of affabil- laid before the Senate, together with MORNING BUSINESS ity, and a large dose of excellent accompanying papers, reports, and doc- Mr. LOTT. Mr. President, I ask unan- humor. Bill doesn’t take himself seri- uments, which were referred as indi- imous consent that there now be a pe- ously. He takes the issues seriously. cated: March 4, 1997 CONGRESSIONAL RECORD — SENATE S1923 EC–1280. A communication from the Sec- Board, transmitting, pursuant to law, the re- for calendar year 1996; to the Committee on retary of Defense, transmitting the report of port under the Freedom of Information Act the Judiciary. a retirement; to the Committee on Armed for calendar year 1996; to the Committee on EC–1309. A communication from the Assist- Services. the Judiciary. ant Secretary of State (Legislative Affairs), EC–1281. A communication from the Under EC–1295. A communication from the Chair- transmitting, pursuant to law, a report enti- Secretary of Defense (Personnel and Readi- man of the U.S. Securities and Exchange tled ‘‘International Narcotics Control Strat- ness), transmitting, pursuant to law, a re- Commission, transmitting, pursuant to law, egy’’ received on February 28, 1997; to the port relative to manpower; to the Committee the report under the Freedom of Information Committee on Foreign Relations. on Armed Services. Act for calendar year 1996; to the Committee f EC–1282. A communication from the Dep- on the Judiciary. uty Under Secretary of Defense (Inter- EC–1296. A communication from the Chair- EXECUTIVE REPORTS OF national and Commercial Programs), trans- man of the Board of Governors of the Federal COMMITTEES mitting, pursuant to law, the report on the Reserve System, transmitting, pursuant to Dual Use Technology Program; to the Com- law, the report under the Freedom of Infor- The following executive reports of mittee on Armed Services. mation Act for calendar year 1996; to the committees were submitted: EC–1283. A communication from the Direc- Committee on the Judiciary. By Mr. THURMOND, from the Committee tor of Defense Procurement, Under Secretary EC–1297. A communication from the U.S. on Armed Services: of Defense, transmitting, pursuant to law, a Environmental Protection Agency, transmit- The following Air National Guard of the rule entitled ‘‘Earned Value Management ting, pursuant to law, the report under the United States officer for appointment in the Systems’’ received on March 3, 1997; to the Freedom of Information Act for calendar Reserve of the Air Force to the grade indi- Committee on Armed Services. year 1996; to the Committee on the Judici- cated under title 10, United States Code, sec- EC–1284. A communication from the Direc- ary. tion 12203: tor of the Defense Finance and Accounting EC–1298. A communication from the Chair- To be brigadier general Service, transmitting, pursuant to law, a re- man of the Federal Deposit Insurance Cor- port relative to Department of Defense Edu- poration, transmitting, pursuant to law, the Col. Thomas P. Wittman, 2806. cation Activity; to the Committee on Armed report under the Freedom of Information Act The following-named officers for appoint- Services. for calendar year 1996; to the Committee on ment in the Reserve of the United States EC–1285. A communication from the Direc- the Judiciary. Marine Corps to the grade indicated under tor of the Office of the Secretary of Defense EC–1299. A communication from the Sec- title 10, United States Code, section 12203: (Administration and Management), trans- retary of Transportation, transmitting, pur- To be brigadier general mitting, pursuant to law, a rule entitled suant to law, the report under the Freedom Col. Jack A. Davis, 8721. ‘‘Champus Program for Persons with Disabil- of Information Act for calendar year 1996; to Col. Francis E. Quinlan, 3009. ities’’ (RIN0720-AA32) received on March 3, the Committee on the Judiciary. 1997; to the Committee on Armed Services. EC–1300. A communication from the Vice The following-named officer for appoint- EC–1286. A communication from the Acting President and General Counsel of the Over- ment in the U.S. Air Force to the grade indi- Secretary of Energy, transmitting, pursuant seas Private Investment Corporation, trans- cated under title 10, United States Code, sec- to law, a report on the Defense Nuclear Fa- mitting, pursuant to law, the report under tion 634: cilities Safety Board for calendar year 1996; the Freedom of Information Act for calendar To be major general to the Committee on Armed Services. year 1996; to the Committee on the Judici- Brig. Gen. Steven R. Polk, 6022. EC–1287. A communication from the Acting ary. The following-named officers for pro- Administrator of the Federal Aviation Ad- EC–1301. A communication from the Assist- motion in the U.S. Marine Corps to the grade ministration, Department of Transportation, ant Secretary of State (Legislative Affairs), indicated under title 10, United States Code, transmitting, pursuant to law, a report rel- transmitting, pursuant to law, the report section 624: ative to offshore platforms; to the Commit- under the Freedom of Information Act for tee on Commerce, Science, and Transpor- calendar year 1996; to the Committee on the To be major general tation. Judiciary. Brig. Gen. Joseph T. Anderson, 6299. EC–1288. A communication from the Acting EC–1302. A communication from the Prin- Brig. Gen. Raymond P. Ayres, 5986. Director of the Office of Surface Mining cipal Deputy Assistant Secretary of Defense Brig. Gen. Emil R. Bedard, 9035. (Reclamation and Enforcement), Department for Public Affairs, transmitting, pursuant to Brig. Gen. Charles F. Bolden, Jr., 5603. of the Interior, transmitting, pursuant to law, the report under the Freedom of Infor- Brig. Gen. Earl B. Hailston, 8306. law, a rule entitled ‘‘Ohio Regulatory Pro- mation Act for calendar year 1996; to the Brig. Gen. Bruce B. Knutson, Jr., 7136. gram’’ (RIN0H239FOR) received on February Committee on the Judiciary. Brig. Gen. Gary S. McKissock, 8973. 27, 1997; to the Committee on Energy and EC–1303. A communication from the Chair- Brig. Gen. William L. Nyland, 8595. Natural Resources. man of the National Credit Union Adminis- Brig. Gen. Ronald G. Richard, 8683. EC–1289. A communication from the Dep- tration, transmitting, pursuant to law, the The following-named officer for appoint- uty Associate Director for Compliance, Roy- report under the Freedom of Information Act ment in the U.S. Air Force to the grade indi- alty Management Program, Minerals Man- for calendar year 1996; to the Committee on cated while assigned to a position of impor- agement Service, Department of the Inte- the Judiciary. tance and responsibility under title 10, Unit- rior, transmitting, pursuant to law, notice of EC–1304. A communication from the Direc- ed States Code, section 601: the intention to make refunds of offshore tor of the Office of Management and Budget, lease revenues where a refund or recoupment Executive Office of the President, transmit- To be lieutenant general is appropriate; to the Committee on Energy ting, pursuant to law, the report under the Lt. Gen. Lawrence P. Farrell, Jr., 7344. and Natural Resources. Freedom of Information Act for calendar The following-named officer for appoint- EC–1290. A communication from the Sec- year 1996; to the Committee on the Judici- ment in the U.S. Air Force to the grade indi- retary of the Interior, transmitting, pursu- ary. cated while assigned to a position of impor- ant to law, a report relative to damaged and EC–1305. A communication from the Execu- tance and responsibility under title 10, Unit- threatened national natural landmarks for tive Director of the Assassination Records ed States Code, section 601: Review Board, transmitting, pursuant to fiscal year 1996; to the Committee on Energy To be lieutenant general and Natural Resources. law, the report under the Freedom of Infor- EC–1291. A communication from the Sec- mation Act for calendar year 1996; to the Maj. Gen. Joseph E. Hurd, 5386. retary of the Interior, transmitting, pursu- Committee on the Judiciary. The following-named officer for appoint- ant to law, a report relative to the Central EC–1306. A communication from the Direc- ment in the U.S. Air Force to the grade indi- Utah Project; to the Committee on Energy tor of Communications and Legislative Af- cated while assigned to a position of impor- and Natural Resources. fairs, U.S. Equal Employment Opportunity tance and responsibility under title 10, Unit- EC–1292. A communication from the Chair- Commission, transmitting, pursuant to law, ed States Code, section 601: man of the Federal Maritime Commission, the report under the Freedom of Information To be lieutenant general transmitting, pursuant to law, the report Act for calendar year 1996; to the Committee Maj. Gen. David L. Vesely, 0433. under the Freedom of Information Act for on the Judiciary. calendar year 1996; to the Committee on the EC–1307. A communication from the Chair- (The above nominations were re- Judiciary. man of the U.S. International Trade Com- ported with the recommendation that EC–1293. A communication from the Na- mission, transmitting, pursuant to law, the they be confirmed, subject to the nomi- tional Endowment for Democracy, transmit- report under the Freedom of Information Act nees’ commitment to respond to re- ting, pursuant to law, the report under the for calendar year 1996; to the Committee on quests to appear and testify before any Freedom of Information Act for calendar the Judiciary. year 1996; to the Committee on the Judici- EC–1308. A communication from the Chair- duly constituted committee of the Sen- ary. man of the U.S. Merit Systems Protection ate.) EC–1294. A communication from the Chair- Board, transmitting, pursuant to law, the re- Mr. THURMOND. Mr. President, for man of the National Transportation Safety port under the Freedom of Information Act the Committee on Armed Services, I S1924 CONGRESSIONAL RECORD — SENATE March 4, 1997 report favorably 11 nomination lists in 5. Grandparents: Minnie and John (The nominations ordered to lie on the Air Force, Army, Marine Corps, Underwood (deceased), Bertha and Gus Pe- the Secretary’s desk were printed in and Navy which were printed in full in terson (deceased). the RECORD of January 21, 1997, at the 6. Brothers and spouses: Albert (deceased) the CONGRESSIONAL RECORDS of Janu- and Jean Peterson, no contact since 1989; end of the Senate proceedings.) ary 7, 22, 30, February 5, 6, and 11, 1997, Theodore and Donna Peterson, no contact f and ask unanimous consent, to save since 1989; Clark and Louise Peterson, no the expense of reprinting on the Execu- contact since 1989. INTRODUCTION OF BILLS AND tive Calendar, that these nominations 7. Sisters and spouses: Minnie (deceased) JOINT RESOLUTIONS lie at the Secretary’s desk for the in- and Chuck Newton, no contact since 1989; The following bills and joint resolu- Margery and Jack Carlson, none; Alice (de- formation of Senators: ceased) and Chuck Arnold, no contact since tions were introduced, read the first In the Navy there is 1 promotion to the 1989; Carol and Max Baker, no contact since and second time by unanimous con- grade of captain (Bruce G. Lalonde) (Ref- 1989; Mary (deceased) and Earl Brown, no sent, and referred as indicated: erence No. 60) contact since 1989; Janet and Wayne Semot, By Ms. MIKULSKI: In the Navy there are 4 promotions to the no contact since 1989. S. 390. A bill to amend the Older Americans grade of captain and below (list begins with Act of 1965 to provide for Federal-State per- Thomas J. Campbell) (Reference No. 62) (The above nominations were re- formance partnerships, to consolidate all nu- In the Navy there are 6 promotions to the ported with the recommendation that trition programs under the Act in the De- grade of commander and below (list begins they be confirmed, subject to the nomi- partment of Health and Human Services, to with Timothy F. Archer) (Reference No. 63) nees’ commitment to respond to re- In the Navy there are 5 promotions to the quests to appear and testify before any extend authorizations of appropriations for programs under the Act through fiscal year grade of commander and below (list begins duly constituted committee of the Sen- with Donald L. Beem) (Reference No. 64) 2000, and for other purposes; to the Commit- ate.) tee on Labor and Human Resources. In the Naval Reserve there is 1 appoint- Mr. HELMS. Mr. President, for the ment to the grade of captain (Larry L. By Mr. DORGAN (for himself, Mr. Blakesley) (Reference No. 165) Committee on Foreign Relations, I also CONRAD, Mr. JOHNSON, Mr. DASCHLE, In the Army Reserve there are 157 appoint- report favorably one nomination list in Mr. BAUCUS, and Mr. BURNS): ments to the grade of Colonel (list begins the Foreign Service which were printed S. 391. A bill to provide for the disposition with Timothy Albertson) (Reference No. 179) in full in the CONGRESSIONAL RECORD of of certain funds appropriated to pay judg- In the Army Reserve there are 679 appoint- January 21, 1997, and ask unanimous ment in favor of the Mississippi Sioux Indi- ments to the grade of colonel (list begins consent, to save the expense of reprint- ans, and for other purposes; to the Commit- with Steven R. Abt) (Reference No. 180) tee on Indian Affairs. In the Air Force there is 1 appointment to ing on the Executive Calendar, that By Mr. LOTT: the grade of Lieutenant colonel (Walter J. these nominations lie at the Sec- S.J. Res. 22. A joint resolution to express James) (Reference No. 193) retary’s desk for the information of the sense of the Congress concerning the ap- In the Air Force Reserve there is 1 appoint- Senators. plication by the Attorney General for the ap- ment to the grade of colonel (Alberto B. The following-named Career Members of pointment of an independent counsel to in- Zambrano) (Reference No. 198) the Senior Foreign Service of the Agency for vestigate allegations of illegal fundraising in In the Air Force Reserve there are 200 ap- International Development for promotion in the 1996 presidential election campaign; read pointments to the grade of colonel (list be- the Senior Foreign Service to the classes in- the first time. gins with Guy E. Acheson) (Reference No. dicated: f 199) Career Member of the Senior Foreign Serv- In the Marine Corps there are 563 appoint- ice of the United States of America, Class of SUBMISSION OF CONCURRENT AND ments to the grade of major and below (list Career Minister: SENATE RESOLUTIONS begins with Neita A. Armstrong) (Reference Terrence J. Brown, of Virginia No. 203) The following concurrent resolutions Kelly C. Kammerer, of the District of Colum- Total—1,634. and Senate resolutions were read, and bia The PRESIDING OFFICER. Without Linda E. Morse, of Virginia referred (or acted upon), as indicated: objection, it is so ordered. Career Members of the Senior Foreign By Ms. COLLINS (for herself, Mr. (The nominations ordered to lie on Service of the United States of America, WYDEN, and Mrs. HUTCHISON): the Secretary’s desk were printed in Class of Minister-Counselor: S. Res. 60. A resolution to commend stu- dents who have participated in the William the RECORD of January 7, 22, 30, Feb- Rose Marie Depp, of Maryland Randolph Hearst Foundation Senate Youth ruary 5, 6, and 11, 1997, at the end of the Gregory F. Huger, of the District of Colum- Program between 1962 and 1997; to the Com- bia Senate proceedings.) mittee on the Judiciary. George Jones, of Colorado The following executive reports of By Mr. GLENN: Linda N. Lion, of Virginia committees were submitted: S. Res. 61. A resolution funding the Com- Carlos E. Pascual, of the District of Colum- By Mr. HELMS, from the Committee on mittee on Governmental Affairs for conduct- bia Foreign Relations: ing a special investigation of Federal elec- Eric R. Zallman, of Florida Princeton Nathan Lyman, of Maryland, a tion campaign fundraising and expenditure Career Member of the Senior Foreign Serv- The following-named Career Members of practices; to the Committee on Rules and ice, Class of Career Minister, to be an Assist- the Foreign Service of the Agency for Inter- Administration. ant Secretary of State. national Development for promotion into the f Pete Peterson, of Florida, to be Ambas- Senior Foreign Service: sador Extraordinary and Plenipotentiary of Career Members of the Senior Foreign STATEMENTS ON INTRODUCED Service of the United States of America, the United States of America to the Social- BILLS AND JOINT RESOLUTIONS ist Republic of Vietnam. Class of Counselor: Nominee: Douglas B. Peterson. Harry F. Birnholz, of New York By Ms. MIKULSKI: Post: Ambassador to Vietnam. Paul A. Bisek, of Illinois S. 390. A bill to amend the Older The following is a list of all members of Douglas A. Chiriboga, of Virginia my immediate family and their spouses. I Americans Act of 1965 to provide for Paul R. Deuster, of Virginia Federal-State performance partner- have asked each of these persons to inform William J. Garvelink, of Virginia me of the pertinent contributions made by Viviann Gary, of Washington ships, to consolidate all nutrition pro- them. To the best of my knowledge, the in- Gene V. George, of New York grams under the act in the Department formation contained in this report is com- Richard H. Goldman, of Florida of Health and Human Services, to ex- plete and accurate. Richard J. Goughnour, of Florida tend authorizations of appropriations Contributions, amount, date, and donee: Frederick J. Guymont, of Florida 1. Self: $100, 7/95, Max Cleland; $100, 10/95, for programs under the act through fis- John Van D. Lewis, of the District of Colum- cal year 2000, and for other purposes; to Brian Moran; $250, 8/96, Frank Baker; $200, 10/ bia 96, Max Cleland; $500, 10/96, John Kerry; $500, the Committee on Labor and Human John R. Martin, of Illinois Resources. 10/96, John Bryon. Louis Mundy III, of Florida Spouse: Charlotta Ann Peterson (de- Everett B. Orr, of Florida THE OLDER AMERICANS ACT AMENDMENTS OF ceased). Karen M. Poe, of Virginia 1997 3. Children and spouses: Michael and Susan Thomas Lee Rishoi, of Florida Peterson, none; Paula and Ricky Blackburn, ∑ Ms. MIKULSKI. Mr. President, I in- Terrence P. Tiffany, of Oregon none; Douglas Neal Peterson (deceased). troduce the Older Americans Act 4. Parents: Mary and Albert Peterson (de- The PRESIDING OFFICER. Without amendments of 1997. The Older Ameri- ceased). objection, it is so ordered. cans Act expired in 1995 and we have March 4, 1997 CONGRESSIONAL RECORD — SENATE S1925 not been able to reach consensus on re- Tribes. I am pleased to be joined by body. There would be no per capita authorizing it since then. I am intro- Senators CONRAD, JOHNSON, DASCHLE, payments of these funds, which would ducing last year’s administration bill. BAUCUS, and BURNS in introducing this have to be used by the tribes for eco- This bill may not be perfect. But, I measure. nomic development, resource develop- want to get the debate started. The act In 1972, Congress enacted legislation ment, or for other programs that col- is critical to meeting the day-to-day which authorized the Secretary of the lectively benefit tribal members, such needs of America’s seniors. This bill Interior to distribute 75 percent of a as educational and social welfare pro- serves as a starting point for our delib- $5,900,000 judgment award to the Spirit grams. In addition, the legislation con- erations. Lake Sioux Tribe of North Dakota, the tains an audit requirement by the Sec- The Older Americans Act has been Sisseton and Wahpeton Sioux Tribe of retary of the Interior to ensure that the major vehicle for organizing and North and South Dakota, and the As- the funds are properly managed. delivering social services to the elderly siniboine and Sioux Tribes of the Fort I believe that this legislation takes a since it was passed in 1965. It has sup- Peck Reservation in Montana. The re- fundamentally fair approach to resolv- ported a broad array of service pro- maining 25 percent was to be distrib- ing a matter which will otherwise re- grams through a network of 57 State uted to individuals who could trace main mired in legal disputes for years. agencies and 670 local area agencies on their lineal ancestry to a member of It keeps the commitment that the Fed- aging. As a result of this act, our sen- the aboriginal Sisseton and Wahpeton eral Government made to provide com- iors have benefited from millions of Sioux Tribe. pensation to lineal descendants while contacts and referrals for services. The three Sioux tribes received their ensuring that most of the remaining They have benefited from millions of respective shares of the judgment undistributed funds go to the tribes. It rides and meals provided through the award by the mid-1970’s. To date, was, after all, the tribes who were transportation and nutrition programs. though, the funds allocated to the lin- wronged and who should be com- They have benefited from the elder eal descendants have not been distrib- pensated for their losses. abuse program. And, they have bene- uted. This has resulted in a situation Mr. President, I ask unanimous con- fited from the jobs program. These ex- in which the accrued interest on the sent that my bill be printed in the amples show how coordinated service original principal of approximately $1.5 RECORD. programs help keep our seniors in their million has now grown to more than There being no objection, the bill was own homes and communities as viable $13 million. ordered to be printed in the RECORD, as members of society. Today, if the 1,969 lineal descendants follows: The bill I put forth today focuses on identified by the Department of the In- S. 391 increasing flexibility to States, area terior receive their per capita pay- Be it enacted by the Senate and House of agencies on aging, and providers. This ments, they will be paid more than 18 Representatives of the United States of America flexibility will allow them to be inno- times what the 11,829 enrolled tribal in Congress assembled, vative in designing and implementing members received in the 1970’s. SECTION 1. SHORT TITLE. programs and services for the elderly. In 1987, the three Sioux tribes filed This Act may be cited as the ‘‘Mississippi It takes into account the distinct in- suit in Federal court to challenge the Sioux Tribes Judgment Fund Distribution terest of all partners. It strives to bal- constitutionality of the lineal Act of 1997’’. ance those interest between all part- descendancy provisions of the 1972 act. SEC. 2. DEFINITIONS. ners. It focuses on streamlining and en- This litigation is currently in its sec- For purposes of this Act, the following definitions shall apply: hancing effectiveness of programs for ond appeal. In 1992, Congress enacted legislation which authorized the Attor- (1) COVERED INDIAN TRIBE.—The term ‘‘cov- our seniors. It sets the stage for per- ered Indian tribe’’ means an Indian tribe list- formance partnerships and innovative ney General to settle the case on any ed in section 4(a). ways of providing services. It ensures terms agreed to by the parties in- (2) SECRETARY.—The term ‘‘Secretary’’ that performance measures mandated volved. I support this approach because means the Secretary of the Interior. under the Government Performance I believe that it is long overdue that (3) TRIBAL GOVERNING BODY.—The term and Results Act [GPRA] are in place so this matter be resolved. However, the ‘‘tribal governing body’’ means the duly that we can see the results of these Department of Justice has refused to elected governing body of a covered Indian tribe. programs. It retains the programs for proceed with any settlement negotia- tions and has taken the position that SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN native Americans. FUNDS BY, THE SISSETON AND These are some of the things this bill the 1992 law did not authorize the De- WAHPETON TRIBES OF SIOUX INDI- will do. But, it is time for us to take partment to settle the case on any ANS. action. It is time for us to address the terms other than those laid out in the Notwithstanding any other provision of issues at hand. It is time for us to pass original 1972 Act. While I view this in- law, including Public Law 92–555 (25 U.S.C. a bill ensuring that the needed services terpretation as flying in the face of 1300d et seq.), any funds made available by Congressional intent, the Department appropriations under chapter II of Public and programs are available to our sen- Law 90–352 (82 Stat. 239) to the Sisseton and iors.∑ has been unwilling to change its posi- Wahpeton Tribes of Sioux Indians to pay a tion or actively seek a resolution of judgment in favor of the Tribes in Indian By Mr. DORGAN (for himself, Mr. this matter outside of the courts. Claims Commission dockets numbered 142 CONRAD, Mr. JOHNSON, Mr. The legislation I am introducing with and 359, including interest, after payment of DASCHLE, Mr. BAUCUS, and Mr. my colleagues on behalf of the three attorney fees and other expenses, that, as of BURNS): Sioux tribes represents a reasonable so- the date of enactment of this Act, have not S. 391. A bill to provide for the dis- lution to this protracted matter and a been distributed, shall be distributed and position of certain funds appropriated substantial compromise on behalf of used in accordance with this Act. to pay judgment in favor of the Mis- the tribes. In the past, the tribes have SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. sissippi Sioux Indians, and for other sought to repeal the lineal descendancy (a) IN GENERAL.—Subject to section 5, as purposes; to the Committee on Indian soon as practicable after the date that is 1 provisions of the 1972 Act altogether, year after the date of enactment of this Act, Affairs. and, in 1986, a bill was reported by the the Secretary shall distribute an aggregate THE MISSISSIPPI SIOUX TRIBES JUDGMENT FUND Senate Committee on Indian Affairs amount, equal to the funds described in sec- DISTRIBUTION ACT OF 1997 which would have achieved this goal. tion 3 reduced by $1,469,831.50, as follows: ∑ Mr. DORGAN. Mr. President, I intro- In contrast to the 1986 measure, the (1) 28.9276 percent of such amount shall be duce legislation which will equitably Mississippi Sioux Tribes Judgment distributed to the tribal governing body of resolve a longstanding problem involv- Fund Distribution Act of 1997 would re- the Spirit Lake Sioux Tribe of North ing a judgment fund distribution to tain the undistributed principal for the Dakota. Sioux tribes in the Dakotas and Mon- lineal descendants and distribute the (2) 57.3145 percent of such amount shall be distributed to the tribal governing body of tana. Specifically, the bill would dis- accrued interest to the three Sioux the Sisseton and Wahpeton Sioux Tribe of tribute the accrued interest on funds tribes. The distributed funds would South Dakota. awarded by the Indian Claims Commis- have to be deposited into a trust fund (3) 13.7579 percent of such amount shall be sion in 1967 to the Mississippi Sioux administered by the tribal governing distributed to the tribal governing body of S1926 CONGRESSIONAL RECORD — SENATE March 4, 1997 the Assiniboine and Sioux Tribes of the Fort (2) otherwise result in the reduction or de- with cancer who are enrolled in an ap- Peck Reservation in Montana, as designated nial of any service or program to which, pur- proved clinical trial program. under subsection (b). suant to Federal law (including the Social SENATE JOINT RESOLUTION 18 (b) TRIBAL GOVERNING BODY OF ASSINIBOINE Security Act (42 U.S.C. 301 et seq.)), the cov- AND SIOUX TRIBES OF FORT PECK RESERVA- ered Indian tribe, household, or individual At the request of Mr. HOLLINGS, the TION.—For purposes of making distributions would otherwise be entitled. name of the Senator from Iowa [Mr. of funds pursuant to this Act, the Sisseton (b) TAX TREATMENT.—A payment made to a HARKIN] was added as a cosponsor of and Wahpeton Sioux Council of the Assini- covered Indian tribe or individual under this Senate Joint Resolution 18, a joint res- boine and Sioux Tribes shall act as the gov- Act shall not be subject to any Federal or olution proposing an amendment to the erning body of the Assiniboine and Sioux State income tax. Tribes of the Fort Peck Reservation. Constitution of the United States re- SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL lating to contributions and expendi- SEC. 5. ESTABLISHMENT OF TRIBAL TRUST DESCENDANTS. FUNDS. Not later than 1 year after the date of en- tures intended to affect elections. (a) IN GENERAL.—As a condition to receiv- actment of this Act, of the funds described in SENATE RESOLUTION 19 ing funds distributed under section 4, each section 3, the Secretary shall, in the manner At the request of Mr. MOYNIHAN, the tribal governing body referred to in section prescribed in section 202(c) of Public Law 92– 4(a) shall establish a trust fund for the bene- names of the Senator from New York 555 (25 U.S.C. 1300d–4(c)), distribute an [Mr. D’AMATO], the Senator from Mas- fit of the covered Indian tribe under the ju- amount equal to $1,469,831.50 to the lineal de- sachusetts [Mr. KENNEDY], the Senator risdiction of that tribal governing body, con- scendants of the Sisseton and Wahpeton sisting of— Tribes of Sioux Indians.∑ from Massachusetts [Mr. KERRY], the (1) amounts deposited into the trust fund; f Senator from Wisconsin [Mr. KOHL], and the Senator from Connecticut [Mr. (2) any interest that accrues from invest- ADDITIONAL COSPONSORS LIEBERMAN], the Senator from Iowa ments made from amounts deposited into the [Mr. HARKIN], the Senator from Indiana trust fund. S. 182 (b) TRUSTEE.—Each tribal governing body At the request of Mr. BYRD, the name [Mr. LUGAR], the Senator from Michi- that establishes a trust fund under this sec- of the Senator from Alabama [Mr. SES- gan [Mr. LEVIN], the Senator from tion shall— SIONS] was added as a cosponsor of S. Florida [Mr. MACK], the Senator from (1) serve as the trustee of the trust fund; 182, a bill to make available for obliga- Oregon [Mr. WYDEN], the Senator from and tion such sums as are necessary to pay Indiana [Mr. COATS], the Senator from (2) administer the trust fund in accordance Hawaii [Mr. INOUYE], the Senator from with section 6. the Federal share of completion of con- Arizona [Mr. MCCAIN], and the Senator SEC. 6. USE OF DISTRIBUTED FUNDS. struction of the Appalachian develop- from Rhode Island [Mr. REED] were (a) PROHIBITION.—No funds distributed to a ment highway system, and for other covered Indian tribe under section 4 may be purposes. added as cosponsors of Senate Resolu- used to make per capita payments to mem- S. 295 tion 19, a resolution expressing the bers of the covered Indian tribe. sense of the Senate regarding United At the request of Mr. JEFFORDS, the (b) PURPOSES.—The funds distributed under names of the Senator from North Caro- States opposition to the prison sen- section 4 may be used by a tribal governing tence of Tibetan ethnomusicologist lina [Mr. HELMS] and the Senator from body referred to in section 4(a) only for the Ngawang Choephel by the Government purpose of making investments or expendi- North Carolina [Mr. FAIRCLOTH] were tures that the tribal governing body deter- added as cosponsors of S. 295, a bill to of the People’s Republic of China. mines to be reasonably related to— amend the National Labor Relations SENATE RESOLUTION 57 (1) economic development that is beneficial Act to allow labor management cooper- At the request of Mr. DORGAN, the to the covered Indian tribe; ative efforts that improve economic name of the Senator from Georgia [Mr. (2) the development of resources of the cov- competitiveness in the United States COVERDELL] was added as a cosponsor ered Indian tribe; or of Senate Resolution 57, a resolution to (3) the development of a program that is to continue to thrive, and for other beneficial to members of the covered Indian purposes. support the commemoration of the bi- tribe, including educational and social wel- S. 323 centennial of the Lewis and Clark Ex- fare programs. At the request of Mr. SHELBY, the pedition. (c) AUDITS.— names of the Senator from Kansas [Mr. f (1) IN GENERAL.—The Secretary shall con- ROBERTS] and the Senator from South duct an annual audit to determine whether SENATE RESOLUTION 60—REL- each tribal governing body referred to in sec- Carolina [Mr. HOLLINGS] were added as ATIVE TO THE WILLIAM RAN- tion 4(a) is managing the trust fund estab- cosponsors of S. 323, a bill to amend DOLPH HEARST FOUNDATION lished by the tribal governing body under title 4, United States Code, to declare SENATE YOUTH PROGRAM section 5 in accordance with the require- English as the official language of the ments of this section. Government of the United States. Ms. COLLINS (for herself, Mr. (2) ACTION BY THE SECRETARY.— YDEN UTCHISON S. 362 W , and Mrs. H of Texas) (A) IN GENERAL.—If, on the basis of an submitted the following resolution; audit conducted under paragraph (1), the At the request of Mr. LEAHY, the name of the Senator from Wisconsin which was referred to the Committee Secretary determines that a covered Indian on the Judiciary: tribe is not managing the trust fund estab- [Mr. KOHL] was added as a cosponsor of lished by the tribal governing body under S. 362, a bill to deter and punish serious S. RES. 60 section 5 in accordance with the require- gang and violent crime, promote ac- Whereas the continued success of our Na- ments of this section, the Secretary shall re- countability in the juvenile justice sys- tion’s constitutional democracy is dependent quire the covered Indian tribe to take reme- tem, prevent juvenile and youth crime, upon our Nation’s youth striving toward higher goals; dial action to achieve compliance. and for other purposes. (B) APPOINTMENT OF INDEPENDENT TRUST- Whereas a student’s intelligence, deter- EE.—If, after a reasonable period of time S. 368 mination, perseverance and continued inter- specified by the Secretary, a covered Indian At the request of Mr. BOND, the est in the workings of our Nation’s political tribe does not take remedial action under names of the Senator from West Vir- processes must be nurtured and encouraged; subparagraph (A), the Secretary, in consulta- ginia [Mr. BYRD] and the Senator from Whereas the pursuit of higher education, and participation and interest in the politi- tion with the tribal governing body of the Alabama [Mr. SHELBY] were added as cal processes, remain priorities of young covered Indian tribe, shall appoint an inde- cosponsors of S. 368, a bill to prohibit pendent trustee to manage the trust fund es- citizens around our Nation; and tablished by the tribal governing body under the use of Federal funds for human Whereas the United States Senate and the section 5. cloning research. William Randolph Hearst Foundation Senate SEC. 7. EFFECT OF PAYMENTS TO COVERED IN- S. 381 Youth Program have provided high school DIAN TRIBES ON BENEFITS. At the request of Mr. ROCKEFELLER, juniors and seniors who are leaders in edu- (a) IN GENERAL.—A payment made to a the name of the Senator from Califor- cation and student government, as well as in covered Indian tribe or an individual under their communities, with the opportunity to nia [Mrs. BOXER] was added as a co- this Act shall not— travel to their Nation’s capital and witness (1) for purposes of determining the eligi- sponsor of S. 381, a bill to establish a the political process, supported solely by pri- bility for a Federal service or program of a demonstration project to study and vate funds with no expense to the Federal covered Indian tribe, household, or individ- provide coverage of routine patient Government since the program’s inception in ual, be treated as income or resources; or care costs for Medicare beneficiaries 1962: Now, therefore, be it March 4, 1997 CONGRESSIONAL RECORD — SENATE S1927 Resolved, That the Senate hereby congratu- pated in the Senate Youth Program ticipate equally in all depositions and inves- late, honor, and pay tribute to the 3,600 ex- over the past 35 years, some of whom tigatory interviews; emplary students who have been selected, on we may see here in the Congress, the (2) have equal opportunity to obtain and their merit, to participate in the William Supreme Court, or even the White present relevant testimonial and documen- Randolph Hearst Foundation Senate Youth tary evidence on the subjects of the Commit- Program between 1962 and 1997. House in years to come. I urge my col- tee’s inquiry; and leagues to join me in supporting this Ms. COLLINS. Mr. President, along (3) are treated equally and without dis- measure. crimination in the discharge of the Commit- with Senator HUTCHISON and Senator f tee’s administrative responsibilities, includ- WYDEN, I am pleased to submit this ing— resolution to commemorate the 35th SENATE RESOLUTION 61—REL- (A) equal and contemporaneous access to anniversary of the William Randolph ATIVE TO FUNDING FOR THE computer hardware and software, commu- Hearst U.S. Senate Youth Program. As COMMITTEE ON GOVERNMENTAL nication equipment and services, and other the first graduate of the program to be- AFFAIRS. office equipment, including nonstandard come a U.S. Senator, I can honestly items; say that the week I spent in Washing- Mr. GLENN submitted the following (B) equal and contemporaneous consider- ton in 1971, as one of two delegates resolution; which was referred to the ation and approval of all travel associated with official committee business; and from Maine, profoundly influenced my Committee on Rules and Administra- tion: (C) the assignment of office space of equal life and career. quality. S. RES. 61 Even though my family has a long (c) DETAILEES.—The Committee shall en- and proud tradition of public service— Resolved, sure that any detailee engaged in activities my great grandfather, my grandfather SECTION 1. SCOPE OF HEARINGS. for the investigation is jointly directed and and my father all served in the State (a) IN GENERAL.—The Committee on Gov- jointly tasked by the majority and minority, legislature, and both of my parents ernmental Affairs (hereafter referred to as unless the Committee agreed to reimburse the full cost of such detailee to the detailee’s served as mayor of Caribou, ME—it was the ‘‘Committee’’) shall conduct a Special Investigation into illegal or improper fund- employer, and the employer has approved a week I spent in Washington with the raising and spending practices in the 1996 the arrangement. Senate Youth Program that caused me Federal election campaigns, including the (d) INVESTIGATORY TOPICS AND HEARINGS.— to seriously consider a career in the following: (1) PRIORITIES.—Priority of investigatory public sector. (1) Foreign contributions and the effect of topics and hearings shall be established For the past 35 years, the Senate those contributions on the United States po- based upon relevance to illustrating the need Youth Program has selected two of the litical system. for reform of current campaign finance laws, (2) Conflicts of interest involving Federal with illustrations taken, wherever possible, brightest and most active students in from practices of both major political par- each of the 50 States, the District of office holders and employees, and the misuse of Government offices. ties. Columbia, and the Department of De- (3) Failure by Federal employees to main- (2) TASK FORCES.—The Chairman and fense schools abroad to spend a week tain and observe legal limitations relating to Ranking Member shall establish joint inves- learning about our Nation’s govern- fundraising and official business. tigative task forces to plan and structure ment first-hand. Over the years, 3,600 (4) The independence of the Presidential such hearings, including the selection of wit- such students have participated in the campaigns from the political activities pur- nesses, so as to present a comprehensive ex- program and gone on to serve our Na- sued for their benefit by outside individuals planation and illustration of current fund- or groups. raising and expenditure practices by the two tion in various capacities, including major political parties and their candidates public service. (5) The misuse of charitable and tax ex- empt organizations in connection with polit- for Federal offices, including practices al- Monday morning, I had the pleasure ical or fundraising activities. leged to be illegal, improper, or otherwise of addressing this year’s delegates and (6) Amounts given to or spent by a politi- designed to evade Federal regulation. was impressed with their enthusiasm, cal party for the purpose of influencing Fed- SEC. 3. REPORTS. knowledge, and the high caliber of the eral elections generally that are not subject (a) IN GENERAL.—Except as provided under questions they posed. I was delighted to the limitations or reporting requirements subsection (b), the Committee shall make a to see how the program has main- of the Federal Election Campaign Act of 1971 final report to the Senate of the results of (2 U.S.C. 431 et seq.) (commonly referred to the investigation it conducts pursuant to tained—perhaps even surpassed—the this resolution, together with its findings high standards for which it is so well as ‘soft money’) and the effect of soft money on the United States political system. and any recommendations, at the earliest known. (7) Promises or grants of special access in practicable date, but not later than Decem- The continued generosity of the Wil- return for political contributions or favors. ber 31, 1997. Either subsequent to or prior to liam Randolph Hearst Foundation en- (8) The effect of independent expenditures the final Committee report, the Chairman ables students to come to the District (whether by corporations, labor unions, or and the Ranking Member of the Committee of Columbia and see a side of govern- otherwise) upon the current Federal cam- may introduce a continued funding resolu- tion for the Special Investigation (which ment that few Americans see in their paign finance system, and the question as to whether such expenditures are truly inde- shall be placed on the calendar on the date of lifetime. Each year the delegates meet introduction) or the Committee may report with top members of the legislative, pendent. (9) Contributions to and expenditures by to the Senate a continued funding resolu- executive, and judicial branches. entities for the benefit or in the interest of tion. The Majority Leader may turn to such resolution at any time after 10 calendar days I remember how fascinated I was as a Federal officers. that the resolution is placed on the calendar. delegate to listen to Senators BYRD (10) Practices described in paragraphs (1) (b) EXTENSION.—On or before December 31, and THURMOND speak to us about the through (9) that occurred in previous Federal 1997, the Committee may extend the inves- history of the Senate and the issues of election campaigns to the extent that those tigation by and final report of the Commit- the day. practices are similar or analogous. tee from December 31, 1997 to March 31, 1998. But the highlight of my week was the (b) RULE OF CONSTRUCTION.—Nothing in An extension under this subsection may be time I spent talking with my home this resolution shall be construed to limit made only by a unanimous vote of the Com- the authority of the Committee on Govern- mittee. State Senator, Margaret Chase Smith. mental Affairs under the Senate Rules or SEC. 4. EXPENSES. I went to Senator Smith’s office hoping section 13(d) of S. Res. 54, adopted February to shake her hand; instead, she took (a) IN GENERAL.—The expenses for the Spe- 13, 1997. cial Investigation shall not exceed $1,800,000 me into her private office and spent 2 SEC. 2. INVESTIGATIONS PROCEDURES. for the investigation, which shall be made hours talking with me about the im- (a) ADDITIONAL PROCEDURES.—The proce- available, for the payment of salaries and all portance of public service and the dif- dures under this section shall apply to the other expenses of the Special Investigation, ference one person can make. When I Special Investigation in addition to the pro- from the contingent fund of the Senate out left her office, I remember feeling so cedures under the Senate and Committee of the Account for Expenses for Inquiries and proud that she was my Senator and Rules. Investigations. that I could do anything I set my mind (b) IN GENERAL.—The Committee shall en- (b) LIMITATION ON SOURCE OF FUNDING.—No sure that the majority and minority— funds may be expended on the Special Inves- to. (1) have contemporaneous access to all tigation described under section 1, except So, today it is my pleasure to spon- documentary evidence received by the Com- funds made available under this resolution sor this resolution paying tribute to mittee and the right to be given adequate ad- or a continued funding resolution described the 3,600 delegates who have partici- vance notice of, to be present at, and to par- under section 3. S1928 CONGRESSIONAL RECORD — SENATE March 4, 1997 SEC. 5. CONSIDERATION OF CAMPAIGN FINANCE Fairness is important if there is to be consent to conduct a hearing on Tues- REFORM LEGISLATION. any credibility to the investigation. day, March 4, 1997, beginning at 10:30 Not later than May 1, 1997, the Senate shall proceed to consideration of S. 25 which shall There has been, in my view, a certain a.m. in room SD–215. remain the pending order of business until amount of disinformation that has The PRESIDING OFFICER. Without final disposition. been disseminated about the position objection, it is so ordered. Mr. GLENN. Mr. President, I rise to of the Democratic side regarding this COMMITTEE ON FOREIGN RELATIONS submit a Senate resolution funding the investigation. I will have much to say Mr. HATCH. Mr. President, I ask Committee on Governmental Affairs about that at a later time. For now, I unanimous consent that the Commit- for a special investigation of Federal believe it is important for the public to tee on Foreign Relations be authorized election campaign fundraising and ex- know precisely what Democrats have to meet during the session of the Sen- penditure practices. been proposing for this investigation. ate on Tuesday, March 4, 1997, at 4:45 Mr. President, this resolution is in This resolution incorporates these pro- pm to hold a business meeting. response to the growing need for a fair, posals. The PRESIDING OFFICER. Without bipartisan investigation of the disturb- The resolution calls for a fair, bipar- objection, it is so ordered. ing pattern of campaign fundraising at tisan, adequately funded, potentially SELECT COMMITTEE ON INTELLIGENCE both the Presidential and congres- yearlong investigation into both Presi- Mr. HATCH. Mr. President, I ask sional level in recent elections, as well dential and congressional fundraising as the need for campaign finance re- unanimous consent that the Select practices, and requires that the Committee on Intelligence be author- form. McCain-Feingold bill be brought to the The resolution incorporates the in- ized to meet during the session of the floor for consideration no later than Senate on Wednesday, March 5, 1997 at vestigatory scope agreed upon by a May 1, 1997. vote of the Governmental Affairs Com- 2:30 p.m. to hold a closed hearing on in- I believe this is a reasonable proposal telligence matters. mittee at its meeting on January 30, and I urge its passage. 1997. It also incorporates procedures to The PRESIDING OFFICER. Without f help ensure that the investigation will objection, it is so ordered. be bipartisan. This is critical to the NOTICE OF HEARING SUBCOMMITTEE ON SECURITIES success of the investigation, if success COMMITTEE ON LABOR AND HUMAN RESOURCES Mr. HATCH. Mr. President, I ask is defined in terms of forward move- Mr. JEFFORDS. Mr. President, I unanimous consent that the Sub- ment of reform of our campaign fund- would like to announce for information committee on Securities of the Com- raising practices. And reform can only of the Senate and the public that a mittee on Banking, Housing, and occur if the public realizes the truth hearing of the Senate Committee on Urban Affairs be authorized to meet about campaign fundraising—that the during the session of the Senate on abuses do not lie only on one side. Labor and Human Resources will be held on Thursday, March 6, 1997, 10 Tuesday, March 4, 1997, to conduct an Indeed, an unbalanced, partisan in- oversight hearing on the SEC and vestigation that suggested that all the a.m., in DS–106 of the Senate Dirksen Building. the subject of the hearing is FASB derivatives accounting rules and problems lie solely or even mainly with their impact on competitiveness and one party would be destructive to forg- health care quality and consumer pro- tection. investor information. ing a consensus, and would lead to The PRESIDING OFFICER. Without f more political games, possibly includ- objection, it is so ordered. ing an attempt to pass reform legisla- AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON SUPERFUND, WASTE tion crafted not so much to fix the sys- MEET CONTROL, AND RISK ASSESSMENT tem as to give one party a fundraising Mr. HATCH. Mr. President, I ask advantage over the other. COMMITTEE ON AGRICULTURE, NUTRITION, AND As the Ranking Democrat on Govern- FORESTRY unanimous consent that the Sub- mental Affairs, I have urged the Chair- Mr HATCH. Mr. President, I ask committee on Superfund, Waste Con- man and the other Republican mem- unanimous consent that the Commit- trol, and Risk Assessment be granted bers of the committee to follow stand- tee on Agriculture, Nutrition, and For- permission to conduct a hearing Tues- ard Senate practice and enter into an estry be allowed to meet during the day, March 4, at 9:30 a.m., Hearing agreement that the investigation will session of the Senate on Tuesday, Room SD–406 on liability and resource be conducted in a bipartisan manner March 4, 1997 at 9 a.m. in SDG–50 to re- issues associated with the cleanup and with a balanced agenda, a clear state- ceive testimony on the school break- redevelopment of abandoned or under- ment of mission and legislative pur- fast and school lunch programs. utilized industrial and commercial pose, a fair set of rules of procedure, a The PRESIDING OFFICER. Without properties, and how legislation cur- timeframe for completion of the inves- objection, it is so ordered. rently pending before the committee tigation with provision for extension if COMMITTEE ON ARMED SERVICES might affect these redevelopment ef- necessary, and a reasonable amount of Mr. HATCH. Mr. President, I ask forts. money. unanimous consent that the Commit- The PRESIDING OFFICER. Without Unfortunately and most disappoint- tee on Armed Services be authorized to objection, it is so ordered. edly, agreement has eluded us thus far, meet on Tuesday, March 4, 1997, at 10 f despite many hours of discussion. a.m. in open session, to receive testi- Much attention has been lavished in mony on the defense authorization re- ADDITIONAL STATEMENTS the press on the difference between the quest for fiscal year 1998 and the future proposed funding of this investigation years defense program. by the Republican side—originally $6.5 The PRESIDING OFFICER. Without million, subsequently reduced to $5.7 objection, it is so ordered. THE DEATH OF ALBERT SHANKER million after receipt of assurances that 10 FBI personnel would be detailed to COMMITTEE ON COMMERCE, SCIENCE, AND ∑ Mr. SPECTER. Mr. President, the the committee—and the Democratic TRANSPORTATION untimely death of Mr. Albert Shanker side—an initial outlay of $1.8 million Mr. HATCH. Mr. President, I ask is a moment of great sadness for this with provision for additional funds to unanimous consent that the Senate Nation and for me personally. He lost be considered if necessary. But the Committee on Commerce, Science, and his 3-year struggle with cancer Satur- length of the investigation and the Transportation be authorized to meet day evening on February 22, 1997. Since fairness of the investigation are or on March 4, 1997, at 10 a.m. on product 1974, Mr. Shanker served as the presi- equal importance. liability reform. dent of the American Federation of Length is important because an in- The PRESIDING OFFICER. Without Teachers. Prior to his election to that vestigation that includes congressional objection, it is so ordered. post, he was president of New York fundraising as one of its foci should not COMMITTEE ON FINANCE City’s United Federation of Teachers, extend significantly into an election Mr. HATCH. Mr. President, the Fi- transforming it into one of the Na- year. nance Committee requests unanimous tion’s greatest unions. He was the first March 4, 1997 CONGRESSIONAL RECORD — SENATE S1929 teacher to become a member of the Mr. President, I served in the Peace tect the health and lives of women and AFL–CIO Executive Council and at his Corps in the Dominican Republic, a de- children around the world. As we aim death, chaired the education commit- veloping country. For families living to improve the socioeconomic condi- tee and was chairman of the general under the conditions that exist in tions in developing countries, let us board of its department for profes- many developing nations, family plan- recognize that family planning is a sional employees. ning is critical. Without it, mothers help, not a hindrance, that must be Mr. Shanker was well known not have great difficulty spacing their sustained.∑ only in this country, but also inter- births or limiting the number of chil- f nationally and was the founding presi- dren they bear. As a result, they suffer ANOTHER CALL FOR AN dent of Education International, an or- the tremendous physical stress of re- INDEPENDENT COUNSEL ganization with some 20 million teach- peated childbirth, often without the ers from democratic countries around aid of physicians, and sometimes die ∑ Mr. CRAIG. Mr. President, I have ad- the world. He also established Amer- from the great burden they have placed dressed the Senate already on the need ican Federation of Teacher projects as- on their bodies. for an independent counsel to inves- sisting teacher unions in South Africa, But mothers are not the only ones tigate the growing scandal concerning Chile, Poland, and Russia. who suffer in these cases. Their chil- fundraising. Along those same lines, I Mr. Shanker was a driving force in dren suffer too. When women have chil- recommend to all my colleagues a the education reform movement and dren too close together, the length of thoughtful editorial from the Washing- was well known for his column ‘‘Where time they can nurse each child is cut ton Post entitled ‘‘The Fund-Raising We Stand’’ in the Sunday New York short. Mothers’ milk is the most nour- Fiasco: The Democrats’ Problem . . .’’. Times. He was also a leader in promot- ishing food for children during their Mr. President, I ask that this article ing civil and human rights. Several early years, providing essential nutri- be printed in the RECORD. times over the last few months, as I ents that are often hard to find else- The article follows: prepared for Education hearings, I re- where in the food supply available to THE FUND-RAISING FIASCO: THE DEMOCRATS’ quested his participation, and even families in developing nations. Fur- PROBLEM ... though his health kept him from ap- thermore, children in such families The Democrats’ new chairman, Roy Romer pearing in person, his presence was al- find themselves competing for food of Colorado, did right on Friday to acknowl- ways there—through his statements with many other siblings, instead of edge error and pledge a new, reformed style which he prepared and which were read only the few siblings they might have of fund-raising behavior on behalf of his by his designee. if their mothers had access to family party. But it seemed to us that something This Nation has lost a great leader, a much more active, intense and deliberate planning. As a result, they suffer from great friend of education, and a great had gotten the Clinton White House into its higher incidents of malnutrition. man. I send my regrets and my sym- present troubles than the alleged mere fail- And family planning programs have ure of ‘‘screening’’ that the president likes pathy to his wife Edith and his chil- the added benefit of slowing the spread dren Adam, Jennie, Michael, and Carl.∑ to talk about (and lay off on the Democratic of AIDS by increasing access to appro- National Committee). The people whose f priate contraceptives. money has had to be returned (to the tune of RELEASE OF FUNDING FOR INTER- Mr. President, the agreement be- $3 million, as of today) did not, from all the NATIONAL FAMILY PLANNING tween Congress and the President last evidence, simply slip through the net in AID year was that fiscal year 1997 inter- some random, inexplicable way. They were national family planning funding could not a byproduct of any simple breakdown of ∑ Mr. DODD. Mr. President, I wish to screening procedures. The more important of be released by March 1, 1997, if the ad- speak briefly today about the Presi- them, in the first place (Mr. Trie, Mr. dent’s resolution requesting the release ministration certified that a delay in Huang), who brought others into the fold, of fiscal year 1997 international family the release of funds until July 1, 1997 have connections dating from Arkansas days planning funding by March 1, 1997, on would harm overseas family planning with Mr. Clinton. The Clinton White House which the Senate recently deliberated. programs and their beneficiaries. In- brought them into national Democratic deed, the administration has issued Party politics, not the other way around. I am pleased that the President signed Again, the nature of many of the favor- House Joint Resolution 36 on February such findings and documented its case well. Its findings show that a delay in and respectability-seeking money givers sug- 28, 1997, and that funding for family gests that the word must have gotten around planning is now available to those funding would result in serious short- that you could gain marketable, perhaps per- overseas who so desperately need such age of contraceptives in at least 60 sonally extremely useful photo-op access to services. countries, including 50 million the president for a sufficient number of I supported the President’s resolu- condoms, 500,000 IUD’s, and 4.8 million bucks. Is there some other way to account tion because I believe we must try to cycles of birth control pills. Addition- for the fact that, even at a time when the ad- limit overpopulation. The world’s pop- ally, the delay would result in the clo- ministration had barricaded off a hunk of ulation increases by 100 million each sure of 17 of 95 overseas programs and Pennsylvania Avenue to protect the first higher numbers of maternal and infant family from criminal assault, it was usher- year. Overpopulation threatens to ing into the president’s presence a stream of exert tremendous social, ecological, deaths. folks that sometimes seemed to resemble an medical, and economic hardship on Some, Mr. President, have attempted international ‘‘Ten Most Wanted’’ list? Let much of the world. Family planning is to circumvent last year’s agreement by us remind you of a few of the more memo- one of the most effective ways to com- saying that family planning aid in- rable visitors. bat overpopulation and its detrimental creases the number of abortions. On Russ Barakat, the south Florida Demo- results. the contrary, by allowing women to cratic Party official. Five days after his cof- I also supported the President’s reso- prevent pregnancy, family planning re- fee session at the White House in April 1995, lution because family planning is one duces the need for and number of abor- Mr. Barakat was indicted on criminal tions. The administration’s findings charges and ultimately convicted for tax of the best weapons we have to save the evasion. A Florida newspaper was full of sto- lives of women and their children in de- speak to this issue, showing that a ries about Mr. Barakat’s problems with the veloping countries. The longer we delay in funding would result in in- law before the executive mansion get-to- delay the funding for family planning, creased incidents of unintended preg- gether, but he was asked in for coffee any- the harder it is to save those lives. nancies and more abortions and that way. Let me explain: Family planning en- family planning helps decrease the Wang Jun, the Chinese businessman and ables women to space their births, pre- number of abortions worldwide. Fur- head of a military-owned arms company. serving their health and improving the thermore, UNICEF reported in 1996 While part of the U.S. government was out odds that their children will be born that 600,000 women die annually of investigating Wang Jun for allegedly smug- healthy. Delaying the release of family gling arms into this country, he was with pregnancy-related causes; 75,000 of Mr. Clinton at a White House coffee, cour- planning funding results in less those deaths are due to self-induced, tesy of Mr. Trie. healthy mothers and children and in- unsafe abortion. Eric Wynn, whose $100,000 bail was revoked creased rates of maternal and infant Mr. President, it is clear that inter- this past week because he failed to tell au- mortality. national family planning aid helps pro- thorities about his five arrests since being S1930 CONGRESSIONAL RECORD — SENATE March 4, 1997 sentenced for theft and tax offenses a while the word for people who aren’t friends yet is and expand exports while also protect- back. He was at the White House for coffee usually ‘‘strangers.’’ ing the legitimate needs of our Govern- two days after a company partially con- Much more needs to be known about these ment to gain access with properly exe- trolled by him gave $25,000 to the Democratic sojourns—especially the number of visits and cuted search warrants to communica- National Committee. At the time Mr. Wynn their dates in relation to events that pre- hooked up with the president, he bore the ceded and followed. This is especially rel- tions. This is not done for nefarious in- distinction of having been a twice-convicted evant where the visitors weren’t strangers at tentions, as some have claimed. The felon. But that was only the beginning. Mr. all, as a matter of fact, but persons involved negotiations took place because our Wynn-who was seeking a presidential pardon in the other, related legal matters concern- Government is charged with fulfilling for himself—turned up last year at four ing the Clinton administration. its responsibility to protect the lives other DNC fund-raisers involving the presi- Our conclusion about all this is threefold. and livelihood of all its citizens. dent including one in which he, his attorney It is that first, a great deal more needs to be But our concern for access to (a close presidential friend from Arkansas) disclosed about all these transactions; sec- encrypted data extends beyond our and Mr. Clinton reportedly had a brief pri- ond, it will be disclosed, as it has been to vate chat. Whatever about? The president, date, reluctantly and in response to various shores. Our Nation faces threats from said White House press secretary Michael events and pressures; and third, (see below) nations, groups, and individuals over- McCurry, ‘‘recalls no substantive private the odds are not great for a good and fair- seas. The United States’ ability to meeting with Mr. Wynn and is certain he minded congressional inquiry into the sub- counter and thwart these threats will never entertained any discussion of Mr. ject. For the moment that leaves Janet Reno likely be hampered if encryption prod- Wynn’s legal situation.’’ in charge.∑ ucts are allowed to be exported world- Jorge Cabrera of Miami, DNC donor who f wide with unlimited strength or with- was jailed on drug charges in the 1980s. Mr. Cabrera turned up at a White House Christ- PROPOSED ENCRYPTION out key recovery provisions. mas party, only to get caught a short time LEGISLATION Mr. President, the administration later with more than 5,000 pounds of cocaine, has also been negotiating with other for which he is now serving 19 years in jail. ∑ Mr. KERREY. Mr. President, I rise to OECD nations regarding encryption Chong Lo. Convicted of tax evasion in the express my concern over bills intro- policy. We are not the only nation 1980s under the name of Esther Chu, Chong duced last Thursday, February 27, 1997 which realizes the benefits and possible Lo was another visitor for coffee with Mr. by the Senators from Vermont and abuses of encryption products. Other Clinton. She has since been arrested again on Montana. These bills, the Encrypted nations are also considering how to en- 14 charges of falsifying mortgage applica- Communications Privacy Act of 1997 tions—to which she has pled not guilty. sure that their government needs and Roger Tamraz. While Interpol was looking and the Promotion of Commerce On- responsibilities are addressed in their for Mr. Tamraz all over the world under a Line in the Digital Era Act of 1997, deal encryption export and import policies. 1989 international arrest warrant on conspir- with the complex and controversial I do not believe our relations with acy and embezzlement charges, the fugitive issue of encryption and the export of other nations will be furthered if the from Lebannon was here in Washington at encryption products. I too am con- administration’s negotiations are un- the White House sipping coffee with the cerned over our Nation’s policy regard- dercut by unnecessary and potentially president. ing encryption, but I believe rash ac- Here in another indicator, in our view, damaging congressional action. Fur- that something beyond a mere screening tion on this issue at this time by Con- ther, the interests of our Nation’s tech- mishap befell the White House in these fund- gress would be inappropriate. nology industry will not be advanced if raising transactions. It is the sheer number I agree with both Senator BURNS and other nations shut their borders to of times that some of the fund-raisers visited LEAHY that digital communications, American encryption products. the White House. We daresay there are de- the internet, and the global informa- Today, many established software partment bigwigs in the administration who tion infrastructure are already revolu- and hardware firms are successfully haven’t been there nearly as often. tionizing the way we live and work. I So what was actually going on during marketing encryption products with these recurrent White House sessions? At also believe there is a need to ensure key recovery features here and abroad. this stage, little is known about the purposes the security of private, commercial, The President has put forward a plan of their visits, who the visitors saw each and Government messages and infor- which in good faith attempts to bal- time, what they did when they got there, or mation sent over global communica- ance our Nation’s interests in com- who authorized their entry to the White tion links and stored in computer merce, security, and law enforcement. House. More should be known. Ponder just a databases. The information revolution While other firms say the administra- few of the numbers we find so startling: Mr. is underway and technology is pro- tion policy is untenable, these Amer- Huang visited the White House 78 times in 15 gressing at exponential rates. ican companies are producing and sell- months (most of the money he raised in 1996 Nevertheless, Mr. President, our Na- was returned, having been deemed inappro- ing advanced encryption products priate or from unlawful foreign sources); tion still has needs that must be ad- worldwide which meet both the needs Thai businesswoman and major Democratic dressed. The same digital information, of private commerce and industry, and party donor Pauline Kanchanalak has been communication links, and computer the requirements of our Government. at the White House at least 26 times since memory that allows for great advances This suggests to me that the adminis- the president took office; businessman and in personal convenience and entertain- tration’s policy not only can work, it is contributor Johnny Chung reportedly visited ment, in commercial productivity and working. I believe Congress should let the White House at least 49 times. This competitiveness, and in Government the administration’s negotiations and wasn’t a question of screening or failing to services and efficiencies can also be screen. These were people apparently well policies on encryption go forward, to known to their White House hosts, people abused by individuals with other de- succeed or fail on their own merits. Mr. who had business to do at 1600 Pennsylvania signs and intentions. Our society has President, caution and careful study Avenue and went right in. entrusted its elected leaders and public are in order.∑ Then there are the sleepovers. The White servants to protect its citizens from f House has disclosed that 900-plus individuals such activities. Therefore, I think it is have spent a night at the White House since imperative that we study thoroughly TRIBUTE TO THE NEW HAMPSHIRE the Clintons moved in. The acknowledgment how this proposed legislation will af- PEARL HARBOR SURVIVORS AS- of this fact and the publication of the list fect our Government’s ability to fulfill SOCIATION ON THEIR 25TH ANNI- rather sharply change the impression the VERSARY White House earlier gave a more casual, its responsibilities. The National secu- friends and family kind of hospitality. More rity and the ability to effectively en- ∑ Mr. SMITH of New Hampshire. Mr. than a third of the sleepovers were financial force our extraterritorial laws is at President, I rise today to pay tribute benefactors of Mr. Clinton or the DNC. stake. to the New Hampshire Pearl Harbor ‘‘They were my friends and I was proud to The executive branch is the part of Survivors Association. Those brave have them here,’’ the president explained, our Government responsible for imple- men stood tall in perhaps one of the but as the White House deputy communica- menting and enforcing the laws of this most tragic moments in American his- tions director delicately corrected him, some weren’t friends yet’’ but ‘‘were people the Nation. For the past several years the tory. Against overwhelming odds, these president and the first lady wanted to spend administration has been involved in a great Americans fought to defend the more time with.’’ As Charles Krauthammer dialog with industry leaders in an at- United States. Their heroic actions observed on the opposite page the other day, tempt to promote the use of encryption were an inspiration to the people of the March 4, 1997 CONGRESSIONAL RECORD — SENATE S1931 United States and help propel our Na- REPUBLIC OF LITHUANIA DAY tionhood has been most evident here in tion to victory in World War II. ∑ Mr. SARBANES. Mr. President, I am the United States, where we have wit- Mr. President, I wish to honor the honored to join again with nearly 1 nessed the unyielding dedication of New Hampshire Pearl Harbor Survivors million Lithuanian Americans in com- Lithuanian Americans to the freedom on the occasion of their 25th anniver- memorating the 79th anniversary of of their native land. Their perseverance sary. They are our American heros and the proclamation of an independent encouraged many of us to stand in this we applaud them for defending our Lithuania, especially at a time when body over the last several decades and country. I also wish to commend these the Lithuanian people are rebuilding proclaim our support for a Lithuanian brave men for touring New Hampshire their democracy. republic. schools and talking to our young After more than seven centuries of We in Maryland, and our Nation, are Americans in an effort to keep Pearl struggle, the Lithuanians have finally particularly fortunate to have such an Harbor memories and history alive. succeeded in reestablishing an inde- active Lithuanian-American commu- Those who fought in the war and were pendent republic. While their hopes nity. Its longstanding traditions of victims of the Pearl Harbor attack de- were realized once before in this cen- self-help and voluntarism and its dedi- serve a special place in our history tury, their freedom was abruptly re- cation to the democratic ideals that books. voked in 1940, after 22 years of demo- have prevailed in Lithuania have truly cratic governance. enriched the history of this country. In My father was a Navy pilot who died Throughout this long and difficult areas ranging from business, to aca- in a war-related incident during World period, the people of Lithuania and the demia, to the arts, Lithuanian-Ameri- War II. I have a special place in my other Baltic nations never wavered cans consistently make significant heart for these courageous men. from their beliefs in democratic values contributions across the Nation. When United States Army and Navy and their desires for liberty and free- Mr. President, recently, Lithuanians commanders in the Pacific area had re- dom. In keeping with such a strong gathered in their capital, Vilnius, to ceived a final war warning on the 27th commitment, their independence after commemorate this anniversary. I am of November 1941, Hawaii was not men- so many years is not only something to proud that we in the United States tioned and American authorities celebrate, it is an incentive for us all have continued to stand with them on thought that the Philippines or Malay- to rededicate ourselves to the demo- this occasion, both in years when there sia would be the possible target. Any cratic principles commemorated by was much to celebrate and in years potential attack on Pearl Harbor was this anniversary. when there were only memories and therefore interpreted as a form of sabo- Since 1990, when Lithuania rejoined dreams of a better future. It is my sin- tage and no effective security patrol the international community of demo- cere hope that we can celebrate this was established. Antiaircraft batteries cratic nations, the country has recog- anniversary with the same optimism around the harbor consequently had no nized the importance of meaningful po- that we do this year for many years to ready ammunition and USAAF aircraft litical and economic reforms. Most sig- come.∑ on the ground were easy targets as nificantly, Lithuania recently experi- f they were unarmed and grouped to- enced another peaceful transfer of ci- WHAT AL SHANKER TAUGHT US gether on airfields for easier protection vilian rule, demonstrating the increas- against saboteurs. ing stability of its democracy. ∑ Mr. HOLLINGS. Mr. President, I rise today in recognition of a great man On Saturday, December 6, 1941, many Lithuania’s commitment to continue and a very good friend, Al Shanker. His Army and Navy personnel were on the along the path of economic reforms contributions to education and society usual weekend shore leave when the de- also promises greater prosperity in the at large are too great to enumerate so stroyer Ward radioed that it had sunk years to come. A number of indicators I respectfully ask that E.D. Hirsch, a submarine early Sunday morning. suggest the possibility of a brighter fu- Jr.’s column from the Washington Post The information, though, was delayed ture for the Lithuanian economy, de- be printed in the RECORD. in reaching the high command and con- spite the difficult period of transition The column follows: sequently the harbor gate had not been that has resulted from the collapse of WHAT AL SHANKER TAUGHT US closed. the Soviet Union. Gross domestic prod- uct is expected to rise this year, and In the course of the past two decades, Al- At 7:55 a.m., on December 7, 1941 the continue to do so the next. Inflation is bert Shanker made himself the most impor- first Japanese bombers attacked Unit- expected to decline. Industrial produc- tant figure in American education. In the ed States airfields and the fleet. Vir- wake of his untimely death on Feb. 22, the tion is also on the rise. tually the entire U.S. fleet of 94 ves- movement toward rigorous academic stand- In addition, Lithuania has reached ards in public schools must still go on. But sels, including 8 battleships, was con- out to its neighbors, both those in the centrated at Pearl Harbor and the dis- his death leaves a void, and the standards Baltic region and those further to the movement will have less force and focus than position of troops, airplanes, and anti- west. The Baltic Economic Cooperation it had before. aircraft guns made effective defense al- Agreement and Lithuania’s decision to No other high official in education spoke most impossible. When the last attack join the Council of Europe are exam- home truths so consistently, or with more had ended about 2 hours later, the Jap- ples of this young democracy’s deter- clarity, or to greater effect. No one contrib- uted more to the change in attitude among anese won a significant tactical victory mination to remain economically and since they had been practically unop- teachers and the general public toward uni- politically engaged with the rest of the versally high academic standards. If a single posed. Within 2 hours, 2,403 American world. servicemen and civilians were killed person could be said to be responsible for the At this time of year, our thoughts shift in sentiment that prompted the Presi- and 1,178 wounded. When the news of also turn to those Lithuanians who suf- dent to call, in his State of the Union ad- the attack reached the people of the fered under the brutality of the Nazi dress, for national educational standards in United States, our country went into and Soviet occupations. Many risked the public school—a proposal that would shock. Japanese capabilities had been and lost their lives for the rights and have been unthinkable a few years back—it underestimated and information about would be Al Shanker. freedoms that Lithuanians today are We teachers, like the rest of humankind, the fast-moving developments had been privileged to enjoy. Their steadfast de- relayed too slow to the commanders in are creatures of habit and tradition who fol- termination and courage eventually low the ideas we were taught. Our leaders Hawaii. prevailed, providing hope for all peo- are inclined to preserve their popularity by Pearl Harbor is a very poignant chap- ples who dream someday to be free. telling us what we are comforted to hear. Al ter in our history. We must seek to re- The writer Vincent Boris has ob- Shanker was different. His loyalty was to member the grave sacrifice so many served that Lithuanian ‘‘statehood was the wellbeing of public education as a whole. Americans made there. As a veteran, I reestablished within a continuum of Only a rare and great leader risks the disfa- am very proud to honor the outstand- nationhood.’’ Indeed, the Lithuanian vor of his followers and brings them to a new understanding of uncomfortable new reali- ing patriotism of the New Hampshire people have drawn their strength from ties. Pearl Harbor Survivors on their 25th a very real sense that nationhood can Long before his colleagues, Shanker had anniversary.∑ never be oppressed. That sense of na- the insight to perceive and the courage to S1932 CONGRESSIONAL RECORD — SENATE March 4, 1997 acknowledge some harsh truths about our U.S. CONGRESS, THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. public schools. He led teachers to recognize CONGRESSIONAL BUDGET OFFICE, SENATE, 105TH CONGRESS, 1ST SESSION, SENATE that public support for public education Washington, DC, March 3, 1997. SUPPORTING DETAIL FOR FISCAL YEAR 19971—Contin- could no longer be taken for granted, that Hon. PETE V. DOMENICI, ued schools would need to set much higher stand- Chairman, Committee on the Budget, U.S. Sen- ards of achievement for all and that students ate, Washington, DC. [In millions of dollars] would need to face serious consequences for DEAR MR. CHAIRMAN: The attached report Budget not attaining them—a stern message that Outlays Revenues for fiscal year 1997 shows the effects of Con- authority went against the dominant sentiments of gressional action on the 1997 budget and is students, teachers and parents alike. Addendum current through February 28, 1997. The esti- Still, teachers adored him. They knew that Emergencies: mates of budget authority, outlays, and rev- Funding that has been designated he spoke with conviction and good will. They enues are consistent with the technical and as an emergency requirement respected and loved him for being so brainy by the President and the Con- economic assumptions of the 1997 Concurrent gress ...... 1,806 1,228 ...... and honest, so much himself. ‘‘Let Al be Al’’ Resolution on the Budget (H. Con. Res. 178). Funding that has been designated was the resigned decision of his union’s exec- as an emergency requirement utive committee after he had written some This report is submitted under Section 308(b) only by the Congress and is not and in aid of Section 311 of the Congressional available for obligation until re- particularly forthright and discomforting quested by the President ...... 323 305 ...... numbers of ‘‘Where We Stand’’—the weekly Budget Act, as amended. essay through which he promulgated his Since my last report, dated January 21, Total emergencies ...... 2,129 1,533 ...... ideas. Sometimes the ‘‘We’’ was an editorial 1997, the Congress has cleared, and the Presi- Total current level including ‘‘We’’, in later years maybe a royal ‘‘We.’’ dent has signed, the Airport and Airway emergencies ...... 1,333,965 1,325,433 1,104,262 Among the educational leaders I have Trust Fund Reinstatement Act of 1997 (H.R. 1 As of close of business Feb. 28, 1997.• known, Shanker was the most intellectually 668). This action changed revenues. brilliant and tough-minded. He had talent Sincerely, f for clarity and trenchancy. But those gifts JUNE E. O’NEILL, ORDER OF PROCEDURE would have counted for little had they not Director. been joined to high patriotism, a sense of re- Mr. LOTT. Mr. President, after final sponsibility, unflinching honesty, imagina- THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- consultation with the Democratic lead- tion and courage. His brains alone would CAL YEAR 1997, 105TH CONGRESS, 1ST SESSION AS er, we hope to enter into a unanimous- have made him a distinguished CEO of a big OF CLOSE OF BUSINESS FEB. 28, 1997 consent agreement with regard to the organization that represented hundreds of thousands of teachers. But his courage, hon- [In billions of dollars] consideration of the nomination of Ms. esty, and imagination make him prophetic. Barshefsky to be the U.S. Trade Rep- Budget If we are lucky enough to follow in the direc- Current resentative. We expect to take that up resolu- level tion he set, history will view him as a piv- tion H. Current over/ tomorrow, probably beginning at 1 otal figure in American educational re- Con. level Res. under o’clock, on the amendments that are newal.∑ 178 resolution applicable to that nomination. I want to notify all Members that f ON-BUDGET Budget Authority ...... 1,314.9 1,331.8 16.9 this is the last vote of the day. Outlays ...... 1,311.3 1,323.9 12.6 Mr. President, if no Senator seeks BUDGET SCOREKEEPING REPORT Revenues: recognition at this point, I suggest the 1997 ...... 1,083.7 1,104.3 20.5 absence of a quorum. Mr. DOMENICI. Mr. President, I 1997–2001 ...... 5,913.3 6,015.2 101.9 ∑ Deficit ...... 227.3 219.6 ¥7.6 The PRESIDING OFFICER. The hereby submit to the Senate the budg- Debt Subject to Limit ...... 5,432.7 5,262.6 ¥170.1 clerk will call the roll. et scorekeeping report prepared by the OFF-BUDGET The assistant legislative clerk pro- Congressional Budget Office under sec- Social Security Outlays: ceeded to call the roll. tion 308(b) and in aid of section 311 of 1997 ...... 310.4 310.4 0 1997–2001 ...... 2,061.3 2,061.3 0 Ms. COLLINS. Mr. President, I ask the Congressional Budget Act of 1974, Social Security Revenues: unanimous consent that the order for as amended. This report meets the re- 1997 ...... 385.0 384.7 ¥0.3 1997–2001 ...... 2,121.0 2,120.3 0.7 the quorum call be rescinded. quirements for Senate scorekeeping of ¥ The PRESIDING OFFICER. Without section 5 of Senate Concurrent Resolu- Note: Current level numbers are the estimated revenue and direct spend- ing effects of all legislation that Congress has enacted or sent to the Presi- objection, it is so ordered. tion 32, the first concurrent resolution dent for his approval. In addition, full-year funding estimates under current The Senator from Maine is recog- on the budget for 1986. law are included for entitlement and mandatory programs requiring annual appropriations even if the appropriations have not been made. The current nized for 5 minutes. This report shows the effects of con- level of debt subject to limit reflects the latest U.S. Treasury information on public debt transactions. (The remarks of Ms. COLLINS pertain- gressional action on the budget ing to the submission of Senate Resolu- through February 28, 1997. The esti- THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. tion 61, are located in today’s RECORD mates of budget authority, outlays, SENATE, 105TH CONGRESS, 1ST SESSION, SENATE under ‘‘Submission of Concurrent and and revenues, which are consistent SUPPORTING DETAIL FOR FISCAL YEAR 19971 Senate Resolutions.’’) with the technical and economic as- [In millions of dollars] The PRESIDING OFFICER. Who sumptions of the 1997 concurrent reso- seeks recognition? lution on the budget House Joint Reso- Budget Mr. LOTT. Mr. President, I observe authority Outlays Revenues lution 178, show that current level the absence of a quorum. spending is above the budget resolution Enacted in Previous Sessions The PRESIDING OFFICER. The by $16.9 billion in budget authority and Revenues ...... 1,101,532 clerk will call the roll. by $12.6 billion in outlays. Current Permanents and other spending leg- islation ...... 843,324 801,465 ...... The assistant legislative clerk pro- level is $20.5 billion above the revenue Appropriation legislation ...... 753,927 788,263 ...... ceeded to call the roll. floor in 1997 and $101.9 billion above the Offsetting receipts ...... ¥271,843 ¥271,843 ...... Mr. LOTT. Mr. President, I ask unan- revenue floor over the 5 years 1997–2001. Total previously enacted ...... 1,325,408 1,317,885 1,101,532 imous consent that the order for the The current estimate of the deficit for quorum call be rescinded. purposes of calculating the maximum Enacted This Session The PRESIDING OFFICER. Without deficit amount is $219.6 billion, $7.6 bil- Airport and Airway Trust Fund Rein- objection, it is so ordered. lion below the maximum deficit statement Act of 1997 (H.R. 668) ...... 2,730 Entitlements and Mandatories f amount for 1997 of $227.3 billion. Budget resolution baseline estimates Since my last report, dated January of appropriated entitlements and MEASURE PLACED ON THE CAL- other mandatory programs not yet 22, 1997, the Congress has cleared, and enacted ...... 6,428 6,015 ...... ENDAR—SENATE JOINT RESOLU- the President has signed, the Airport Totals TION 19 and Airway Trust Fund Reinstatment Total Current Level ...... 1,331,836 1,323,900 1,104,262 Mr. LOTT. Mr. President, I under- Act of 1997, Public Law 105–2. This ac- Total Budget Resolution ...... 1,314,935 1,311,321 1,083,728 Amount remaining: stand there is a joint resolution due for tion changed the current level of reve- Under Budget Resolution ...... its second reading. nues. Over Budget Resolution ...... 16,901 12,579 20,534 The PRESIDING OFFICER. The The report follows: clerk will report. March 4, 1997 CONGRESSIONAL RECORD — SENATE S1933 The assistant legislative clerk read and I object to my own request at this we will be back here and try again, as follows: time. whether it is this year or next year or A joint resolution (S.J. Res. 19) to dis- The PRESIDING OFFICER. The ob- in the next session of Congress, to fight approve the certification of the President jection is heard. that fight again. In a sense, the battle under section 490(b) of the Foreign Assist- f is not lost; it only continues. ance Act of 1961 regarding foreign assistance I am a little more concerned about for Mexico during fiscal year 1997. ORDERS FOR WEDNESDAY, MARCH another battle which I fear has at least Mr. LOTT. Mr. President, I object to 5, 1997 as lasting consequences as not passing further proceedings on this joint reso- Mr. LOTT. Mr. President, I ask unan- this constitutional amendment, and lution at this time. imous consent that when the Senate that is something that is important to The PRESIDING OFFICER. The joint completes its business today, it stand all of us here and to all Americans. As resolution will be placed directly on in adjournment until the hour of 12 important as our Constitution is the the calendar. noon on Wednesday, March 5. I ask public’s faith in our institutions, our f unanimous consent that on Wednesday, governmental institutions and the peo- UNANIMOUS-CONSENT AGREEMENT immediately following the prayer, the ple who serve in them. One of the real concerns I have—in Mr. LOTT. Mr. President, I ask unan- routine requests through the morning hour be granted and that there be a pe- fact, I have been traveling around my imous consent that at 1 p.m. on State of Pennsylvania talking at a lot Wednesday, March 5, the majority lead- riod of morning business until the hour of 1 p.m. with Senators to speak for up of high schools and expressing there er may turn to the consideration of my concerns that a lot of young people Senate Joint Resolution 5, the waiver to 5 minutes each, except for the fol- lowing: Senator BROWNBACK for 30 min- choose not to vote. In fact, in the last resolution with respect to the election, of 18 to 24-year-olds, I believe Barshefksy nomination. I further ask utes and Senator GRAMM of Florida for 15 minutes. only a third even bothered to turn out that there be one amendment in order to vote. That is a low since 18-year-olds to the resolution, to be offered by Sen- The PRESIDING OFFICER. Without objection, it is so ordered. were given a right to vote. Not only ator HOLLINGS, regarding trade agree- that, but the last election was the low f ment negotiations which shall be con- point in turnout for the general elec- sidered under a 3-hour time limit PROGRAM torate. I think it was under 50 percent equally divided in the usual form; fur- Mr. LOTT. For the information of all in the last Presidential election. ther, no other amendments or motions A lot of people have postulated as to Senators, following morning business be in order other than a motion to what is going on with the American tomorrow, the Senate will consider table the amendment. I further ask public, that we seem to become either Senate Joint Resolution 5, which is the that there be an additional hour equal- disinterested or cynical about the elec- waiver resolution of the Barshefsky ly divided between the chairman and toral process and our Government in nomination. Under the order, there will the ranking member of the Finance general. I think, unfortunately, what be 3 hours of debate on one amendment Committee for debate on the resolu- has happened in this debate over the and 1 hour of debate on the resolution. tion, and, upon the disposition of the last 2 weeks has added to that cyni- Following the disposition of the Hollings’ amendment and the expira- cism, has added to the mistrust that amendment and the resolution, the tion or yielding back of any debate many Americans feel toward their in- Senate will proceed to a vote on the time, the resolution be read a third stitutions and toward the people who Barshefsky nomination. Senators can time and the Senate proceed to vote on serve in those institutions. passage of Senate Joint Resolution 5, therefore expect several rollcall votes, I speak, of course, about the people as amended, if amended, without any probably at least two or three, tomor- who campaigned promising the electors intervening action or debate. row, in Wednesday’s session. I thank of their State that they would vote a I further ask consent that upon the my colleagues for their cooperation as certain way on what many people con- disposition of Senate Joint Resolution we have worked for a couple of weeks sider the most important issue we will 5, if it passes, the Senate proceed to ex- to get this agreement. vote on here in this Congress. It is a ecutive session to consider the nomina- f seminal issue. It sort of divides you be- tion of Charlene Barshefsky to be the ORDER FOR ADJOURNMENT tween the politics of the old and the U.S. Trade Representative, the Senate politics of the new, in my opinion. You proceed to a vote on the confirmation Mr. LOTT. If there is no further busi- had at least 12 Members in this most of the nomination, and, following that ness to come before the Senate, I now recent election who campaigned, and vote, the President be immediately no- ask unanimous consent that the Sen- campaigned vigorously, stating that tified of the Senate’s action, and the ate stand in adjournment under the they were going to support the bal- Senate then return to legislative ses- previous order following the introduc- anced budget amendment to the Con- sion. tion of legislation by Senator GLENN stitution in the same form they had The PRESIDING OFFICER. Without and remarks by Senator SANTORUM. supported it in the House of Represent- objection, it is so ordered. The PRESIDING OFFICER. Without atives. And yet not more than 3 or 4 f objection, it is so ordered. months after their election, they have Mr. SANTORUM addressed the Chair. MEASURE READ THE FIRST changed their minds. The PRESIDING OFFICER. The Sen- TIME—SENATE JOINT RESOLU- Yes, the Constitution is important. ator from Pennsylvania is recognized. TION 22 Yes, amending the Constitution, in my Mr. SANTORUM. I thank the Chair. opinion, is important. But public con- Mr. LOTT. Mr. President, I send a f fidence in us is as important, for if the joint resolution to the desk and ask for public does not see us as legitimate, if its first reading. PUBLIC FAITH IN GOVERNMENT the public does not see its institutions The PRESIDING OFFICER. The Mr. SANTORUM. Mr. President, I and the people who run them as trust- clerk will report. rise to make a couple of comments The assistant legislative clerk read worthy, then the Constitution is not about the action that just took place as follows: nearly as strong a document—in fact, here on the Senate floor with respect some would suggest it is even a worth- A joint resolution (S.J. Res. 22) to express the sense of the Congress concerning the ap- to the balanced budget amendment and less document—because democracy plication by the Attorney General for the ap- to express, obviously, my disappoint- cannot exist without the public faith in pointment of an independent counsel to in- ment as someone who supported the what we are about and the legitimacy vestigate allegations of the illegal fundrais- balanced budget amendment, my dis- of our Government. ing in the 1996 Presidential election cam- appointment that we did not succeed in So I think this debate is sad for, yes, paign. passing what I believe is a vitally im- the reason we did not pass the balanced Mr. LOTT. Mr. President, I ask for portant measure for this country’s fu- budget amendment. That is very sad. the second reading of the resolution, ture. We will have another day where But I think the greater long-term S1934 CONGRESSIONAL RECORD — SENATE March 4, 1997 threat to our country is public cyni- stitution. We had a defeat for our de- are illegal, when people do things that cism over this institution and all of mocracy. We had a defeat for the proc- are unethical. We should be outraged our democratic institutions. ess that legitimizes everything we do when our public officials, whom we That was harmed and, in some here. And that truly is a sad thing. It hold up to represent us, do not meet places, it was devastated in the past is a sad day for the Senate. It is even the standards that we ourselves meet, few weeks. That is something we will a sadder day for this country. and we should think differently about have a hard time with when fighting I would just suggest as some anec- them because they do not meet those the battle again. It makes the battle to dote to the people who feel standards. come back much harder. It is not as if disenfranchised as a result of what hap- It is a sad day, but I hope that we we can bring this up again as we can a pened here that most of the people in again have learned the lesson that it is balanced budget amendment to the this Senate did do what they said they important for us to be men and women Constitution. It now is something were going to do, on both sides of the of our word. And that goes beyond any young and old people will be looking aisle. Most of the Members of this Sen- bill, any amendment, any issue that we at, what happened here, and saying, ate stood up and told the public the deal with in this body. Once we under- does politics really matter? Why both- truth when it, frankly, may have not stand that lesson, I think we will be a er to vote; they do not mean what they been easy to tell the truth. And from greater body and a greater country as a say anyway. that, I think, we should take some sol- result. I commend the Members; some of ace, that, in fact, most Members do them had very tough votes in bucking stand up and say what they mean. And Mr. President, I yield the floor. their President and their leaders, for I hope that we can learn from this les- The PRESIDING OFFICER. The Sen- standing up and doing the right thing, son, all of us learn from this lesson, the ator from Ohio is recognized. doing what they said they would do. importance of having the public’s faith Mr. GLENN. I thank the Chair. When it comes down to it, in this insti- in who we are, what we say and what (The remarks of Mr. GLENN pertain- tution—and I suspect in every work- we do. It matters. ing to the submission of S. Res. 61 are place in America—the bottom line We have a lot of people in this town located in today’s RECORD under ‘‘Sub- comes down to you have nothing here now who seem to be pushing the edge mission of Concurrent and Senate Res- except your word. You have nothing on a lot of activities. And you see the olutions.’’) except your word. With respect to me public just does not seem—I get this and my relationship to my constitu- question all the time—to care about all f ents in Pennsylvania, I find that to be these shenanigans that go on around a solemn vow. My word means some- here. I agree. I think there are so many ADJOURNMENT UNTIL TOMORROW thing. And if my word is no good, then shenanigans going on around here they they have every right to question me discount them at the time. They think The PRESIDING OFFICER. The Sen- and question the institution in which I they are all bad, and why is he any dif- ate, under the previous order, will serve. ferent than anyone else. stand adjourned until 12 noon, Wednes- So I think we did have a defeat Wow, that is a dangerous sentiment day, March 5, 1997. today. We had a defeat not for the con- in this country. That is a sentiment Thereupon, the Senate, at 6:04 p.m., stitutional amendment. Yes, we had that gets you in trouble. We should be adjourned until Wednesday, March 5, that defeat. We had a defeat for our in- outraged when people do things that 1997, at 12 noon. March 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E365 EXTENSIONS OF REMARKS

LEGISLATION TO ESTABLISH PER- the student right to know provisions of the ted their time and efforts to broaden participa- MANENT STATUTORY AUTHOR- Higher Education Act. tion in the arena of friendly competition and ITY FOR THE PUBLIC HEALTH The student right to know provisions of the sportsmanship. SERVICE OFFICE ON WOMEN’S Higher Education Act require institutions of f HEALTH higher education to report graduation rates for THE INTRODUCTION OF THE CHIL- their student body. These statistics are com- DREN’S PROTECTION FROM VIO- piled for the student body at large and for stu- HON. CONSTANCE A. MORELLA LENT PROGRAMMING ACT OF MARYLAND dent athletes as well. A change made in the fiscal year 1996 omnibus appropriations bill re- IN THE HOUSE OF REPRESENTATIVES sulted in these rates being calculated at dif- HON. PETER A. DeFAZIO Tuesday, March 4, 1997 ferent points in time during the academic year. OF OREGON Mrs. MORELLA. Mr. Speaker, today, along As a result of this oversight, institutions will be IN THE HOUSE OF REPRESENTATIVES with 20 of my colleagues, I will be reintroduc- required to keep two sets of records for cal- Tuesday, March 4, 1997 ing legislation to establish permanent statutory culating and reporting graduation rates. Mr. DEFAZIO. Mr. Speaker, I rise today to authority for the Public Health Service Office The amendment corrects the problem by join millions of American parents, teachers, on Women's Health. Senator OLYMPIA SNOWE conforming the section of the Higher Edu- doctors, and children's advocates in endorsing has introduced similar legislation in the Sen- cation Act dealing with the reporting date for a content-based rating system for television ate. student athletes to the section of the Higher viewing among children. For too long Con- With this bill, we hope to create an enduring Education Act that requires preparation of gress and the American people have left pro- structure within which the current well-docu- graduation rates for all students. This amend- gramming content decisions to motion picture mented ongoing needs and gaps in research, ment will first, allow institutions to more accu- and broadcasting industry executives. Parents policy, programs, and education and training rately reflect the manner in which institutions have expressed frustration with the constant in women's health will continue to be ad- collect the data on graduation rates, and sec- barrage of violence, sex, and adult language dressed. It will ensure that important initia- ond, eliminate the burdensome task of prepar- on television. I am pleased to join Representa- tivesÐin breast cancer detection and eradi- ing two distinct sets of graduation rates. tives MARKEY, BURTON, SPRATT, MORAN, and cation, in the promotion of healthy behaviors I urge all Members to support this technical others to introduce a bill that gives parents the and disease prevention, in improved public in- amendment that simplifies record keeping re- ability to determine what type of programming formation about women's health, in better in- quirements for institutions of higher education. content is appropriate for their children to formed health care professionals, among oth- watch. ersÐwill reach fruition. Parents are tired of having Hollywood tell The Public Health Service's Office on Wom- RECOGNITION OF NATIONAL them what is best for their children. Congress en's Health, established by the Bush adminis- SPORTSMANSHIP DAY, MARCH 4, gave the broadcasting industry a golden op- tration and now within the Office of the Sec- 1997 portunity to meet this challenge in the Tele- retary, is the focal point for women's health communications Act of 1996. Instead of ad- activities in the Department of Health and HON. PATRICK J. KENNEDY dressing these longstanding concerns, the in- Human Services. By administering cross- dustry proposed an age-based rating system OF RHODE ISLAND that is still inadequate because it does not in- cutting initiatives across the PHS, the OWH is IN THE HOUSE OF REPRESENTATIVES form parents of objectionable programming able to fill gaps in knowledge, and to initiate Tuesday, March 4, 1997 content. Furthermore, the age-based proposal and synthesize program activities in ways that will continue to prevent parents from making no other single PHS agency or office could ac- Mr. KENNEDY of Rhode Island. Mr. Speak- er, I rise today in support of National Sports- informed choices about their children's viewing complish alone. behavior. The rapid growth of network and In addition, the bill also makes permanent manship Day, March 4, 1997. This day, in its celebration of sportsmanship, brings together cable programming has been a mixed blessing offices on women's health at the Centers for for parents. They are left with the daunting student athletes from across the United States Disease Control and Prevention, the Agency task of learning the content of numerous and 74 countries world-wide in an effort to for Health Care Policy and Research, the shows and channels. The age-based rating promote the importance of fair play, integrity, Health Resources and Services Administra- system will not help make this task any easier. tion, and the Food an Drug Administration; character, and ethics. Teamwork, respect and I have heard from parents and child advo- these agencies currently have offices or coor- cooperation, values that are integral for suc- cates all across Oregon who say that they dinators which were established administra- cess in society, business, and sports alike, are want to know what to expect from a particular tively and could be abolished at any time. the themes of the activities for the young peo- television show. They also want to know if the Women's health offices at the National Insti- ple who take part in this day. show contains explicit sex, adult language, tutes of Health and the Substance Abuse and Established by the Institute for International and excessive violence. Most importantly, they Mental Health Services Administration have Sport located at the University of Rhode Is- want to make their own decisions about what been made permanent in previous legislation. land, National Sportsmanship Day is just one their own children watch, not leaving the deci- I urge my colleagues to join us in cospon- element of the institute's efforts to establish a sions up to television executives. A parent soring this legislation. greater awareness in the area of physical fit- does not want to be told that their child is old f ness. Other year-round components of the in- enough to watch a ``TV±PG'' rated show. The stitute's efforts are the Student-Athlete Out- majority of parents are smart enough to know TECHNICAL AMENDMENT TO THE reach Program, where student-athletes from that this category is quite broad, covering a HIGHER EDUCATION ACT OF 1965 high schools and colleges visit local elemen- wide range of shows. tary and middle schools to serve as positive According to a nationwide survey conducted HON. HOWARD P. ‘‘BUCK’’ McKEON role models and promote good sportsmanship, by the National Parent Teachers Association OF CALIFORNIA and the World Scholar-Athlete Games. [PTA], over 80 percent of parents stated that IN THE HOUSE OF REPRESENTATIVES I am proud to offer my support to programs they want separate ratings for sex, violence, like this that provide students of all ages the and language content to help parents decide Tuesday, March 4, 1997 opportunity to develop the skills that will help what shows their children can and cannot Mr. MCKEON. Mr. Speaker, today Mr. KIL- promote success and achievement throughout watch. In fact, a large number of organizations DEE and I have introduced a technical amend- their lifetime. I would like to acknowledge the have criticized the age-based rating system in- ment to the Higher Education Act of 1965. The parents, teachers, coaches, participants, and cluding the National PTA, the American Medi- amendment makes a technical correction to especially those individuals who have commit- cal Association [AMA], the American Academy

∑ 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. E366 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1997 of Pediatrics, the Children's Defense Fund INTRODUCTION OF THE PUBLIC in order to balance the budget. We told wel- [CDF], Family Research Council, and many RESOURCES DEFICIT REDUCTION fare recipients their aid would end after 5 others. I am confident that this bill will aid par- ACT years. This bill would tell our citizens that we ents with these decisions and encourage the can be responsible stewards of the assets broadcasting industry to adopt a content-spe- HON. GEORGE MILLER they have entrusted to us, and that we will not cific rating system. OF CALIFORNIA longer demand that they tolerate wasteful sub- sidy programs. In an attempt to require broadcasters and IN THE HOUSE OF REPRESENTATIVES Tuesday, March 4, 1997 In the last Congress, this legislation was in- manufacturers to help parents block shows troduced with dozens of co-sponsors, includ- they considered too objectionable, Congress Mr. MILLER of California. Mr. Speaker, this ing Members of both political parties. It was passed the V-chip law to the Telecommuni- year's budget debate promises another round not even accorded a hearing by the Commit- cations Act of 1996. Until this law takes effect of arguments over cutting programs and serv- tee on Resources. The last Congress utterly in 1998, this bill is the necessary next step in ices to American citizens in order to balance failed to reform any of the major resource sub- addressing the concerns of parents in the in- the Federal budget. In that debate, it is time sidy programs that currently apply to billions of formation age. to take a serious look at the wasteful practices dollars in public resources. that drain the Treasury while subsidizing the Mr. Speaker, we cannot afford such indiffer- f developers of natural resources from the pub- ence again in the 105th Congress. We cannot lic lands. afford environmental indifference to the con- Today I am introducing a bill, the Public Re- CONGRATULATIONS TO CONGRESS- sequences of subsidized resource develop- sources Deficit Reduction Act, that will termi- MEN REGULA AND MURTHA ment and usage. And we cannot afford the fis- nate the very expensive subsidies that tax- cal burden of maintaining, on the eve of the payers have long provided to many of the na- 21st century, subsidy programs born at the tion's natural resource developers and require, HON. PETER J. VISCLOSKY end of the 19th century. instead, that taxpayers receive the fair market OF INDIANA value of the public's resources. f IN THE HOUSE OF REPRESENTATIVES While we often disagree about the precise LINDSAY WASHICK WINS PARADE way to allocate limited Federal resources, I MAGAZINE AWARD Tuesday, March 4, 1997 believe we should all be able to agree that we should not waste billions of dollars in tax- Mr. VISCLOSKY. Mr. Speaker, I rise to call payers' money and resources. Yet our natural HON. PAUL E. KANJORSKI your attention to a special award that was re- resources policies, often formulated decades OF PENNSYLVANIA cently given to our distinguished colleagues ago when it was necessary to induce people IN THE HOUSE OF REPRESENTATIVES and longstanding leaders of the Congressional to settle the West, still give away billions of Tuesday, March 4, 1997 Steel Caucus, RALPH REGULA and JACK MUR- dollars each year in subsidies to mining con- Mr. KANJORSKI. Mr. Speaker, I would like THA. Last month, RALPH and JACK were recog- glomerates, timber barons and argibusinesses. to honor Lindsay Washick, daughter of Bob nized by the American Iron & Steel Institute The taxpayers' largesse benefits some of the Washick of Conyngham, PA, for winning first and the U.S. Department of Energy [DOE] wealthiest ranchers and farm operators in the place in a contest sponsored by Parade Mag- during DOE's Industrial Efficiency Symposium United States, while subsidizing environmental azine and the Times-Leader newspaper of in Arlington, VA. damage that the taxpayers eventually pay to Wilkes-Barre, PA. clean up as well. Lindsay is a 14-year-old ninth grader at MMI On February 25, RALPH and JACK received This bill has a very simple goal: Companies individual awards testifying to their unflagging preparatory school in Freeland, PA. and individuals who use natural resources Lindsay's article, entitled ``Our President's contributions to the future of the American from public landsÐminerals, timber, water, hy- steel industry. The awards were in recognition Greatest Challenge,'' was chosen from six fi- dropower and forage for grazingÐwould pay nalists. As a reward as part of the Young Co- of the central role they have played, both as fair market value for those resources. In order lumbus Program, Lindsay will act as a young leaders of the caucus and as individual legis- to provide a transition period, it exempts all ambassador on a trip to Ireland in April. lators, in creating the metals initiative program existing contracts and phases fair market pric- Lindsay is an example of the fine quality of within the energy efficiency function of DOE. ing in over 5 years. But after 5 more years of students who are dedicated to learning and The metals initiative, a government-industry taxpayer subsidies, this bill asks natural re- expanding their knowledge of the world they source developers to pay the taxpayers what collaborative program designed to improve the live in. The youth of today are tomorrow's fu- their assets are worth. competitiveness of steel and other metal in- ture and I congratulate Lindsay on winning dustries, has received $120 million in appro- The bill also contains a number of specific provisions to ensure that particular programs first prize. priations over the past decade to develop di- I am inserting her article into the CONGRES- rect steelmaking, advanced process controls, are altered to eliminate unfair subsidies. It would amend the 1872 mining law to require SIONAL RECORD. and an optical sensor for measuring tempera- Text from Lindsay Washick: tures. that the taxpayers receive a fair royalty for gold and silver mined on public lands. It would With November fifth long and gone, the votes have been counted and tallied, and the In their respective positions as chairman alter programs in the national parks to ensure and vice chairman of the Congressional Steel leader of our country has been decided. Mr. that the public receives a fair share of the William J. Clinton will be our president for Caucus, RALPH REGULA and JACK MURTHA profits made by the concessionaires. It would the next four years. have worked tirelessly over the years to pro- set standards for eliminating below-cost timber With a new term starting, many people are mote and expand the economic viability of the sales and charging fair market value for graz- anxious to see what he’ll be concentrating American steel industry and the jobs of its ing and the use of utility rights-of-way across the most on. Will it be drugs, health care, workers. The Steel Caucus is a bipartisan or- public land. It would move the income from the environment, our involvement in foreign ganization, which has served as a forum since timber and grazing programs on-budget, so countries, or balancing the budget? All of these issues are very important but every the 1970's for Members of Congress to ex- that the receipts are accounted for in annual time the very important issues do come up, change information and ideas with steel indus- budgeting. there is always one that’s overlooked—The try representatives, steelworkers and their rep- Another area addressed by this bill is the in- Young People of America. resentatives, and the administration. And their consistency of Federal irrigation and farm sup- I think that the greatest challenge to our hard work has paid off handsomely: Today, port policies, which often contradict one an- new President is to be getting in touch with the American steel industry and its workers other or provide enormous combined sub- our young people, and getting them involved. sidies. To address these inconsistencies, the I just recently turned 14, and am therefore are the most productive and efficient in the an adolescent. I’m, involved in, and have a world. bill would eliminate Federal irrigation subsidies to farmers already receiving payments under wide variety of liking, but when it comes to Mr. Speaker, I hope you and my other government, and politics, I’m always the last the Agricultural Market Transition Act. It also one to know and/or care. The rest of the na- House colleagues will join me in congratulat- would require that the irrigation subsidies be tion is in such a tizzy about everything else, ing RALPH and JACK for receiving this award in counted into the cap on farm subsidies. that they’re overlooking us too. The Presi- recognition of their crucial support for the Mr. Speaker, we have asked all of our citi- dent goes where the people go, and that’s al- American steel industry and its workers. zens to accept some cuts in Federal programs ways away from us. But, every now and March 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E367 again, when we are lucky enough to be been involved in the annual beet haul involv- U.S. Air Force until retiring in 1976. One of the brought up, the only things the politicians ing sugar beets. Ironically, applying FLSA to highlights of Colonel Sandman's Air Force ca- have to say, are, ‘‘Don’t do drugs’’ and ‘‘Stay the beet haul actually lowers the compensa- reer was to be stationed at the newly opened out of trouble.’’ Nothing exciting about that. We hear it from our parents everyday. If it tion that his truck drivers are actually paid. Air Force Academy for the graduation of the worked, there’d be a lot more happy people In Idaho, the beet haul requires farmers to first class of Air Force cadets. in the world. stockpile their crops in beet piles and await While serving in the Air Force, Colonel But, seriously, the President has to get the processor's delivery instructions. Once Sandman contributed to his country in a num- more in touch with the times. He’s lacking processing begins, it is a 24-hour-per-day, 7 ber of very important roles. He served as a the excitement we need to keep us inter- days a week affair, lasting from late Septem- command pilot and navigator during the Ko- ested, and he’s boring us to death. ber until early January. The most economically rean and Vietnam conflicts, served on the A great example of this would be the voter advantageous methodÐto both drivers and Pentagon's Command and Control Staff, was turnout among our youth. Very, very few young people vote, and why do you think their employerÐfor compensating beet haul part of a special exchange program and at- that is? I know why; because we don’t care drivers is to pay them by the load. tended the Royal Air Force Staff College in about the politicians. Because we don’t Truck drivers who want to work, hustle the United Kingdom. His last tour of duty was think they care about us. Why should we loads; they are rewarded for the diligent work commander of the Air Force Recruitment Wing support them if they don’t support us? It’s ethic. The less motivated worker earns less. for the Western Region. At one point, Colonel not like I’m just gonna wake up one day Unfortunately, with respect to my constituentÐ Sandman was chosen as the subject for a re- when I’m 30, and just go, ‘‘WOW! I love poli- and my constituent aloneÐthe Department of cruiting poster which was nationally distributed tics! I think I’m gonna run for President!!’’ Labor has insisted that FLSA's overtime provi- and displayed. During his military career, With so many teenagers with this attitude, it’s gonna take a lot to get them to turn sions apply to the beet haul. Colonel Sandman was honored with the Le- around and start getting involved and inter- In theory, FLSA requires all beet haul oper- gion of Merit with an Oak Leaf Cluster, the Air ested. With no signs of Mr. Clinton even pon- ations to pay ``time-and-a-half.'' In reality, my Medal, and the Meritorious Service Medal. dering to make any changes, it’s not looking constituent's competitors never have been re- Immediately following his Air Force career, too good. quired to comply with this FLSA provision; that Colonel Sandman established himself in the I don’t want our President to run around competitor still pays by the load. This is de- Sacramento community by working on various listening to Rage Against the Machine, or go spite the fact that both hauling entities are reg- political campaigns and managing a highly to a Smashing Pumpkins concert, or dye his successful shopping center development hair blue. That will get our attention, but in ulated by the Federal Department of Transpor- the wrong way. He just has to focus more on tation. The competitor hauls a small percent- project. us. He’s always preoccupied with something age from beet piles located in OregonÐthat is As executive vice president of the Sac- else, and since we don’t vote that much any- the only difference. This circumstance harms ramento Association of Realtors, Colonel way, why should we waste all that time? my constituent since his diligent workers are Sandman led the organization as it quickly es- It’s a sad and vicious cycle that keeps paid less under this rule and he must still ab- tablished itself as a concerned member of the turning and turning. sorb higher labor costs. This disparate treat- community at large. Under his leadership as The President’s greatest challenge this ment has caused my constituent to lose his its chief staff member, SAR became a major term is to get that cycle to stop. he has to— contributor to charitable causes in the commu- for the future of you, and your country. But better drivers repeatedly to his competitor. since no one has said anything to him yet, it They earn more working by the load; my con- nity and could always be counted on in a cri- should, unfortunately, take a while. stituent pays more because he is not treated sis. Included among his significant accom- f the same as other beet haulers. plishments are the conversion of a board- One might already assume that FLSA's agri- owned book multiple listing service to a board- INTRODUCTION OF LEGISLATION cultural exemptions would cure this inequity. It owned computer multiple listing service, the does not: a sugar beet as defined under the building of a state-of-the-art headquarters for HON. MICHAEL D. CRAPO act is not a vegetable and therefore, the ex- Sacramento Realtors, complete with an audi- OF IDAHO emption does not apply, even though a sugar torium that is used by many organizations in IN THE HOUSE OF REPRESENTATIVES beet is, in fact, a vegetable. Consequently, the the community, and the initiation of discussion with six Realtor associations in the surround- Tuesday, March 4, 1997 beet haul does not enjoy the FLSA agricultural exemption which applies to other agricultural ing areas regarding a regional association sys- Mr. CRAPO. Mr. Speaker, I rise today to in- endeavors.This inequality thus requires a defi- tem. troduce legislation in favor of economic oppor- nitional, that is, a legislative, solution. The leg- Within the broader Realtor community, Colo- tunity and vitality. The Fair Labor Standards islation I propose is simple, direct, and in no nel Sandman represented SAR with the high- Act [FLSA] was designed to promote eco- way will interrupt the overall flow and impact est of integrity and dedication. He served as nomic opportunity. There have been in- of FLSA. This legislation seeks to include director of the management committee for the stances, however, when unintended con- sugar beets as vegetables in FLSA. This legis- Real Estate Land Use Institute, member and sequences are revealed. When they do, it is lation will level the playing field and enhance chair of the California Association of Realtors' our imperative to correct them properly so that one of the actual goals of the statute: eco- Executive Officer's Committee, member of the FLSA will be applied consistently and continue nomic fairness. National Association of Realtors' Executive Of- to promote basic economic fairness, its origi- f ficer's Committee, and several other NAR and nal goal. One unintended consequence, how- CAR Committees, including a stint on the CAR ever, impacts a major economic force in our TRIBUTE TO JAMES G. SANDMAN Executive Committee. He has also served on country as well as my home State of Idaho: the California Department of Real Estate Task Agriculture. HON. ROBERT T. MATSUI Force on Professional Standards. FLSA itself recognizes that agriculture is a OF CALIFORNIA Locally, Colonel Sandman is a past trustee special industry and consequently contains nu- IN THE HOUSE OF REPRESENTATIVES of the American Red Cross, is involved with merous exceptions to the applicability of the Sacramento Metropolitan Chamber of FLSA's ``time-and-a-half-overtime'' provisions. Tuesday, March 4, 1997 Commerce, the Sacramento Area Commerce Unfortunately, a sugar beet is deemed ``not a Mr. MATSUI. Mr. Speaker, I rise today to and Trade Organization [SACTO], and regu- vegetable'' under FLSA. As a result, no over- pay tribute to Col. James G. Sandman, U.S. larly contributes to a number of local charities time is due a farmer's workers if the farmer Air Force retired, for exceptional service to the and causes. transports sugar beets from his fields to the community of Sacramento while serving as ex- As an association executive, Colonel Sand- processing plant. If a farmer stockpiles his ecutive vice president of the Sacramento As- man distinguished himself within that group's sugar beets in an effort to be more efficient sociation of Realtors since 1979. After 17 ranks as well. He is a past member of the and then contracts transportation with a hauler years of dedicated service, he and his wife, American Management Association and is a to bring these same vegetables to that same Barbara, are retiring. member of the California Society of Associa- plant, however, the hauler is nevertheless re- A native Californian, Colonel Sandman's tion Executives. He served as a board mem- quired to pay his drivers overtime. This occurs contributions have not been limited to his serv- ber and president of CSAE and was awarded even though those plant workers are also ex- ice with SAR. A member of a prominent that group's Association Executive of the Year empt from FLSA's overtime provisions. The Stockton family, he was graduated from the Award in 1987. He also earned the ASAE's scenario is not hypothetical; it occurs regularly U.S. Military Academy at West Point in 1947 highest designation, Certified Association Ex- to one constituent of mine who has for years and went on to a distinguished career in the ecutive and just recently was awarded the first E368 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1997 and only National Association of Realtors' Life- Like many of our colleagues, Councilman BILL TO ENCOURAGE THE IM- time Realtor Certified Executive designation. Braude came to government from the private PROVEMENT OF TV RATINGS In recognition of these contributions made to sector. he founded Capital for Small Business MARCH 4, 1997 his country, California and the local Sac- in Los Angeles, and was a founding member ramento community, I ask my colleagues to of the board of directors of Scientific Data HON. EDWARD J. MARKEY join me in saluting James G. Sandman and Systems, which later became the computer di- OF MASSACHUSETTS wishing both he and his wife, Barbara, luck vision of Xerox Corp. IN THE HOUSE OF REPRESENTATIVES and happiness in their retirement. Mr. Speaker, I ask you and my colleagues Tuesday, March 4, 1997 f to join me in honoring Councilman Braude for Mr. MARKEY. Mr. Speaker, today, I am in- TRIBUTE TO LOS ANGELES CITY his full and fruitful career in public service, and troducing a bill, along with Representatives in wishing him continued happiness and suc- COUNCILMAN MARVIN BRAUDE BURTON, SPRATT, MORAN, and others, to en- cess in all future endeavors. courage the television industry to add content HON. HENRY A. WAXMAN labels to the age-based TV ratings. Additional f OF CALIFORNIA original cosponsors of ``The Children's Protec- tion from Violent Programming Act'' include IN THE HOUSE OF REPRESENTATIVES OFFICER BRIAN GIBSON TAX FREE Representatives GREENWOOD, KLINK, Tuesday, March 4, 1997 PENSION EQUITY ACT OF 1997 POSHARD, KENNEDY, J., TAUSCHER, DEFAZIO, Mr. WAXMAN. Mr. Speaker, I ask my col- HINCHEY, FILNER, and HOOLEY. leagues to join me in recognizing the extraor- The ratings system proposed by the TV in- dinary career of Los Angeles City Councilman HON. ELEANOR HOLMES NORTON dustry last December has proved to be inad- equate. It fails to inform parents of objection- Marvin Braude. After 32 years of dedicated OF THE DISTRICT OF COLUMBIA service, Councilman Braude will soon return to able content, and it frustrates the use of block- private life. The city's 11th district, which he IN THE HOUSE OF REPRESENTATIVES ing categories because they are so broad as has so capably served, overlaps my own dis- to be useless. The V-chip law was intended to trict, and includes communities such as Pacific Tuesday, March 4, 1997 give parents the ability to block shows on the Palisades, Brentwood, and West Los Angeles. basis of violent, sexual, or profane content. In- Ms. NORTON. Mr. Speaker, today, I intro- During his eight terms in office, Councilman stead, the ``V'' for violence disappeared into duce the Officer Brian Gibson Tax Free Pen- Braude has been a champion of the environ- the industry committee that developed the rat- sion Equity Act of 1997, a bill which will allow ment, a crusader for government efficiency, ings system and has not been sighted since. the survivors of a Federal or local law enforce- We need to return to a content-based system. and a source of wisdom in the development of This point has been made to the industry in local public policy. As an elected official, he ment officer killed in the line of duty to receive every conceivable wayÐin private meetings, has been a true renaissance man, at various that officer's pension tax free. in academic research, in focus groups, in times in his career serving as chair of the This legislation bears the name of Officer newspaper editorialsÐyet the industry contin- city's Finance and Revenue Committee, the Brian Gibson, a brave police officer, a hero ues to turn a deaf ear, sticking stubbornly to Environmental Quality and Waste Manage- recognized as a model by his peers, an exam- a system that is convenient for the industry, ment Committee, and the Public Safety Com- ple for all who wear a police officer's badge but condescending and contradictory to par- mittee. He has also helped formulate city pol- anywhere, and a District of Columbia resident ents. icy in information technology, public works, who was laid to rest on February 10 after After all, who is raising our kids? Not Holly- and zoning, and land use issues. being fatally shot in the line of duty. Officer wood, not the broadcasters, not the cable in- A lifelong conservationist and ardent bicy- Gibson was a devoted family man who left a dustry. Parents, not corporations, are raising clist, Councilman Braude's leadership made wife, Mrs. Tracie Gibson, and two children. He our kids. If we don't listen to them, the system possible the creation of a 50,000-acre public graduated from H.D. Woodson High School in is indeed a mess. park within the city's limits in the Santa the District. Officer Gibson was a family man The system is condescending because it Monica Mountains. This area has been des- devoted to his wife, his children, his family, his tells parents that ``Hollywood knows best'', that ignated as permanent recreational open space community, his city, and his Police Depart- some industrial Big Brother will decide wheth- and is a beautiful natural oasis within the city's ment. I name this bill for Officer Gibson to er a show is appropriate for your child's age borders. help us remember him and all officers who die group. Parents don't want this decision left to Councilman Braude's legislative accomplish- in the line of duty, and to help young men un- a corporate executive. We have left the era of ments have included authorship of the city's derstand the meaning of courage, manhood, ``Leave It To Beaver'' and entered the era of pioneering ordinances to protect nonsmokers service, and family. ``Beavis and Butthead.'' Instead of three chan- from secondhand tobacco smoke. He has nels, we have dozens, with more coming been honored for his work by the American Current Federal tax law allows officers who through the miracle of digital compression, Cancer Society, the American Lung Associa- retire on disability to collect disability pay- satellites, and telecomputers. Today's parents tion, the League of California Cities, and the ments tax free. However, Officer Gibson's want specific information about the level of California Department of Health Services. family must pay taxes on the survivor benefits violent or sexual material distributed in the Councilman Braude has also had extraor- of his pension. This disparate tax treatment is form of entertainment to their home, so that dinary success in sponsoring ballot measures unfair because whether an officer retires on they can decide for themselves what is appro- to limit commercial density and to prohibit oil disability or is killed, that officer's family loses priate for their own children to see on their drilling along the city's pristine beaches. In ad- a wage earner, and in many instances, the own family TV set. dition, he has been the city council's leader in family's sole wage earner. The system is contradictory because, on the opening city government to the public and en- one hand, it requires an executive to examine This bill is retroactive to taxable year 1997 couraging the participation of all citizens. And, the show for the level of violence, sex, or lan- he increased government accountability by to enable Officer Gibson's young family and guage, but on the other hand, it denies that in- creating the zero-based budgeting process the survivors of other officers killed in the line formation to parents. Instead, everyone is that is now used as a management model by of duty in 1997 to begin receiving their survi- asked to engage in a game of ratings Hide- many municipalities. vor benefits free of Federal income taxation. and-Go-Seek where the executive disguises Councilman Braude's commitment to the en- For the average officer's family, this bill could what he knows by throwing it into a giant cat- vironment includes serving on the governing mean 28 percent more money in survivor ben- egory called ``TV±PG''. board of the South Coast Air Quality Manage- efits. The police families who have lost their In fact, an estimated two-thirds to three- ment District, helping to clean the air for loved ones in police service have lost the irre- quarters of all television programming is being 12,000,000 people in southern California. he is placeable. I urge my colleagues to support the tossed into this Black Hole called ``TV±PG.'' also the city's strongest advocate of electric Officer Brian Gibson Tax Free Pension Equity What at first blush appears to be a six cat- vehicle technology and is helping to bring the Act and afford the families of our slain law en- egory system is, for most purposes, just this entire automotive industry into the future by forcement officers the same tax free treatment one category. It swallows up material that making the city of Los Angeles a friendly envi- in survivor benefits we have already granted ranges across the entire spectrum of TV pro- ronment for electric vehicles. to officers who retire on disability. gramming, from mild to graphic, from silly to March 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E369 sick, from profound to profane. The clips that reasonable options for blocking out the harm- posal, President Clinton has included a spe- you will be shown today by the organization ful programming using the V-chip. cific legislative provision which would abolish Children NOW make this point very well. ``TV± It is my hope that the industry will, ulti- this requirement. PG'' has, unfortunately, come to stand for mately, come to the realization that this ratings Specifically, the proposal I am introducing ``Too VagueÐParents Give Up.'' This is the system is for parents and must meet their today, would strike for the physician definition core of the problem. This is the reality that the needs. Parents should also register their con- portion of the existing statute describing the industry has, so far, refused to face. cerns by writing the Federal Communications chiropractic Medicare benefit [Section Clearly, parents want and deserve more in- Commission. The FCC record is open for ini- 1861(r)(5), Social Security Act], the words formation than they are getting from these tial public comment until April 8, and the FCC ``demonstrated by x-ray to exist''. general age-based icons. The head of one of Chairman has announced his intention to hold Also, I would note, the existing x ray re- our Nation's largest broadcasting undertaking, a hearing at the Commission sometime after quirement is a barrier to beneficiary access to Mr. Earvin Duggan of the Public Broadcasting that. The introduction of this legislation should chiropractic care which places an undue finan- System, put it well in his recent letter to the help to focus attention on the importance of cial burden on beneficiaries who must often committee: this decision and hasten the day when the pay for the required x ray out-of-pocket. Chiro- ``We who serve the television audiences pleas of parents are finally heard. practic care is a proven and effective treat- ment for spinal related maladies including low- should provide more information about pro- f gram content rather than less. The ratings back pain. It is a nonsurgical and nondrug system recently adopted by commercial broad- INTRODUCTION OF LEGISLATION form of health care which often substitutes for casters and cable is, in our judgment, to a more expensive forms of care, including sur- vague, imprecise and grudging in the informa- HON. PHILIP M. CRANE gery. It only makes sense to encourage ac- cess to chiropractic care and remove those tion it provides.'' OF ILLINOIS Fortunately, we do not need to reinvent the barriers which exist in current law. IN THE HOUSE OF REPRESENTATIVES In conclusion, I am confident this proposal, ratings wheel. The industry's proposal can be Tuesday, March 4, 1997 which is first and foremost a matter of public made acceptable to most critics by simply Mr. CRANE. Mr. Speaker, today I am intro- health and safety, will enjoy bipartisan support adding content descriptors to the age-based in this Congress. I urge my colleagues to act icons. ``TV±PG'' would become ``PG±V'', with ducing legislation repealing a defect in current Medicare law which often causes beneficiaries quickly to ensure the incorporation of this long the ``V'' indicating violence. Such content- overdue proposal into Medicare reform legisla- descriptors are already widely used by the seeking chiropractic treatment under the Medi- care Program to be subjected to unnecessary tion which may be approved in this Congress. American cable industry in the HBO± f Showtime system. We already have more than x rays exposure. The heart of the problem, 3 years of experience with this system on which my legislation seeks to correct, arises IN HONOR OF THE BIRTHDAY OF three major cable networks, and more than a from current law which requires a diagnostic x LLOYD THOMAS KORITZ, M.D. decade of experience on HBO. The president ray to be taken before a beneficiary can be of Showtime will give testimony later today provided with chiropractic manual manipulation HON. JOHN EDWARD PORTER about the positive reaction to this system, both benefits under Medicare. Frequently, x rays OF ILLINOIS by his subscribers and by the employees who are a useful and valid diagnostic tool properly IN THE HOUSE OF REPRESENTATIVES utilized by doctors of chiropractic. However, must preview the shows, and attach the rat- Tuesday, March 4, 1997 ings. This approach gives parents the informa- the existing statutory requirement that, in tion they want and need without abandoning every instance, a diagnostic x ray be taken Mr. PORTER. Mr. Speaker, it gives me the progress represented by the industry's ef- before chiropractic services can be provided great pleasure to rise today to salute Dr. Lloyd Thomas Koritz, an exemplary physician and a forts to date. as a benefit under Medicare is clearly arbitrary Adding content-descriptors to the industry's and unnecessary. man who has done so much to help in the ad- vancement of medicine. Dr. Koritz has served age-based icons is clearly the outline of a so- According to the American Chiropractic As- for more than 40 years as a physician in Ro- lution. PBS is willing to do it; four cable net- sociation [ACA] and ACA College of Radiol- chelle, IL. As a physician-volunteer in numer- works are already doing it; it is time for every- ogy, there is no medical justification for a blan- ous experiments at the University of Illinois one to move in this direction. ket requirement that all beneficiaries seeking College of Medicine in Chicago, he placed his Nevertheless, we must be realistic about the chiropractic care under Medicare must first un- mind and body in the hands of research physi- industry's intransigence. We must ask our- dergo a diagnostic x ray. While in many in- cians for dangerous experiments to advance selves what can be done to help parents if the stances x rays are clinically justified, all re- sponsible health authorities agree, that diag- the health of humanity. industry refuses to reconsider voluntarily its in- Dr. Koritz is responsible for a revival tech- nostic x rays are warranted only when, in the effective system. nique which is now an established practice assessment of the treating health provider, To that end, I am introducing, along with throughout the world. To find a more efficient they provide a direct clinical benefit to the pa- Representative DAN BURTON and others, the technique of manual resuscitation for electro- tient. House version of Senator HOLLINGS' bill (S. cuted power line workers, Dr. Koritz volun- I for one, find it totally unacceptable that we, 363) to encourage, but not force, distributors teers. He was first anesthetized and then as responsible Members of Congress, would of television programming to add specific placed up an erected mast to determine the warnings for violence to the vague age-based allow the continuance of an artificial statutory best way of getting more air in and out of the ratings already proposed. The legislation does requirement that results in the continued un- lungs. Dr. Koritz risked his own life repeatedly not require content descriptors. If a broad- necessary x ray exposure of Medicare pa- to discover which resuscitation method was caster chooses not to send them to parents, tients. I am confident, that any of my col- best to help save the lives of millions. that's his right. But under this bill, he would no leagues that examine this issue will conclude, Through Dr. Koritz's service and dedication, longer be able to air that unlabeled show dur- as have I, that requiring an x ray as a pre- a standard method of artificial respiration was ing hours when children comprise a substan- requisite to reimbursement is bad public policy established. This method is now used through- tial part of the audience. it's his choice. If he for which there is no real justification. out the world to save lives. It has been estab- includes the content descriptors, he can air This is not just my opinion, but it is also the lished for use by all health and safety institu- the show regardless of the number of kids opinion of senior officials in the Health Care tions, governmental, and military units, the who may be watching. If he doesn't, then he Financing Administration [HCFA] and the De- Red Cross, the Boy Scouts, and other organi- can only air the show when kids are not likely partment of Health and Human Services zations concerned with health and safety. to be watching. [HHS] who have studied this issue in detail. Dr. Koritz was recognized with an award as We think this is a fair trade. Parents want a As many of my colleagues know, the ACA and 1 of 10 outstanding men of the United States content-based ratings system. Just last Satur- various Members of Congress have, over the by the Junior Chamber of Commerce for the day the New York Times poll concluded that past 2 years in particular, talked with the Ad- courage and dedication he demonstrated in 69 percent of parents support this approach. ministration regarding a variety of chiropractic- his unselfish quest to advance science. There is no guarantee that parents will use related issues. As a result of those discus- Mr. Speaker, I am proud to salute Dr. Lloyd the system, but there is a much greater likeli- sions and inquiries, the mandatory x ray re- Thomas Koritz. His leadership and bravery are hood they will use it if they have a clear warn- quirement issue has been closely examined second to none, and I am pleased to con- ing of content that might harm their kids. And by HCFA and HHS, I am pleased to say that gratulate Dr. Koritz on his birthday and to wish only through such ratings will parents be given as part of this fiscal year 1998 budget pro- him many more to come. E370 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1997 GIRL SCOUTS WEEK League living in Montgomery County, MD. I celebrating the 50th anniversary of a very im- also wish to honor Mr. Elbert Israel and Mr. portant organization in the fight for a fairer HON. BENJAMIN A. GILMAN Clarence Israel, also two former Negro base- America, Americans for Democratic Action. As OF NEW YORK ball players from Rockville. Clarence Israel examples of the vital role ADA has played and IN THE HOUSE OF REPRESENTATIVES died in April 1987, and Elbert Israel passed continues to play, I ask that two very thought- away just this past October. The story of these ful articles be printed here. One is by Jack Tuesday, March 4, 1997 men says a great deal about our history and Sheinkman, former head of the Amalgamated Mr. GILMAN. Mr. Speaker, I urge all of our the hopes and dreams for our children. Clothing and Textile Workers Union, who is colleagues to join with me in recognizing the Russell Awkward grew up with the dream of now the president of ADA and a great fighter 85th anniversary of the founding of the Girl one day playing for the New York Yankees. for social justice in our country. The other is Scouts of the USA by supporting Girl Scout He got his professional baseball career started an interview by Kenneth Adelman with one of Week, March 9±15. Today, Girl Scouts of the by playing for the Washington Royal Giants. the most important non-Members of Congress USA is the largest volunteer organization for As a player, Awkward had good speed and in history from the standpoint of people who young women in the world. Since its begin- was a consistent hitter, usually batting first or have affected the course of this institution. nings, Girl Scouts has been providing opportu- second in the batting order. He went on to Evelyn Dubrow, who recently retired as vice nities for girls from all segments of American play for the New York Cubans and the Newark president and legislative director of UNITE, the society to develop their potential, make friends Eagles until he was called to military service successor union to the Amalgamated Clothing and become an active part of their community. with the U.S. Army. and Textile Workers and the International La- Founded by Juliette Gordon Low on March Gordon Hopkins played second base for the dies Garment Workers has an unparalleled 12, 1912, the Girl Scouts have always empha- Clowns for 2 years. He was good at getting record of accomplishment in fighting for the sized selfawareness, values, education, and the ball in play and was known for his ability rights of working people. I believe that these contribution to society. A recognition system in to stretch hits into extra bases as well as for two articles make an important contribution to which members earn badges symbolizing ac- his exceptional range in the field. After the our debate on public policy. complishment of a goal provides a framework 1954 season he was drafted into the armed [From the Washingtonian, Jan. 1997] in which girls can develop self-esteem and services, but still played baseball for the U.S. MADE IN THE USA leadership skills. Marines. (Interview by Ken Adelman) In celebration of the thousands of dedicated Clarence Israel played in the Negro League The new session of Congress will be the adult volunteers who guide these young in the 1940's. He was a decent hitter with first since the Eisenhower administration women toward success, as well as the 3 mil- good speed and what he lacked in power he without Evelyn Dubrow treading the halls of lion scouts who have made important contribu- made up in hustle. He was a second baseman Capitol Hill on behalf of garment and textile workers. tions to communities across the country, I with the Newark Eagles for 3 years from 1940 The International Ladies’ Garment Work- urge my colleagues to join in recognition of to 1942. He then signed with the Homestead ers’ Union sent her here in 1956, when the Girl Scout Week. With our support and en- Grays to fill an empty spot at third base for the minimum wage was a dollar, and she’s lob- couragement, the Girl Scouts organization can 1943 season. In 1946, he was back with the bied for everything from protection against continue to grow and enrich the lives of count- Eagles and helped them to win the Negro Na- imports to civil-rights legislation. Soon, less young women. tional League pennant for the first time in 9 she’ll be stepping down as legislative direc- f years. He played three games of the World tor of the union, now called UNITE (Union of Needletrades, Industrial, and Textile Em- Series that year and had a pinch hit single off ployees), but she’ll stay on as special assist- TRIBUTE TO NEGRO LEAGUE Satchel Paige to help the Eagles win the title. HEROES FROM LINCOLN PARK ant to the president. He returned the next season to the Grays for Liberal politics came naturally to Dubrow. his last year in professional baseball. Her parents were socialist immigrants from HON. CONSTANCE A. MORELLA Elbert Israel, or Al, as he was called on the Belarus who raised four daughters and a son. OF MARYLAND field, played with the Philadelphia Stars in the Her father was a union man. Her sister Mary picketed the White House as an early suf- IN THE HOUSE OF REPRESENTATIVES 1950's after the club joined the Negro League. His greatest contribution to the dream of black fragette. Sent to prison, she went on a hun- Tuesday, March 4, 1997 ger strike. men in baseball, however, came in 1953 when Mrs. MORELLA. Mr. Speaker, I rise today to Dubrow grew up in New Jersey and studied he joined the class A minor league baseball journalism at New York University. After salute the community of Lincoln Park, which team in Savannah, GA. Al Israel and four her graduation in the late 1930s, she pursued celebrates its 106th anniversary this year. other black baseball players joined the South journalism and then union work, with a brief Lincoln Park is a self-contained community Atlantic League, the Sally League, as it was stint in Washington in 1947 to help organize within the city of Rockville, MD. As an African- called. This league consisted of small towns in the liberal Americans for Democratic Action American community, through the years it has the deep South. These five players broke the and campaign for Harry Truman. She joined ILGWU in 1956 and was sent to Washington managed to keep rich its traditions and his- color barrier in baseball in the most racially di- tory. Lincoln Park is unique not only for its the same year. She’s been here ever since, vided area of the country. The test for the ra- living on Capitol Hill to be near her work. heritage, but also for how the residents inter- cial integration of baseball rested on these five Among her many awards in the Lifetime act together. They have continued to work to- men in this class A baseball league. Achievement Award from Citizen Action. La- gether as a community in the same manner The courage of these men and determina- dies Home Journal has named her one of the that their ancestors did long ago. The effort to tion to follow their dream helped to make it 75 most important women in America, and retain and continue the traditions of their his- possible for the next generation of African- The Washingtonian has named her one of the tory gives the community respect for their an- Americans to enjoy America's pastime at all region’s most powerful women. cestors and a vision of hope for their descend- Dubrow is single but has loads of nieces, levels of the game. I hope that everyone will nephews, great-nieces, great-nephews, and ants. join me in honoring these men and women now great-greats, whom she considers her With the month of February designated as a and wishing the whole Lincoln Park commu- children. time to celebrate Black History, it is only fitting nity a most happy and successful 106th anni- In her free time, she plays poker with a that a community so rich in its African-Amer- versary. group of longtime friends. She also plays plenty of gin rummy, reads the classics—es- ican heritage would seek to share and explore f its roots. Thanks to the hard work of founding pecially Dickens and Trollope—and used to president Anita Neal Powell and vice-president AMERICANS FOR DEMOCRATIC AC- adore going to baseball games. In her office in the AFL–CIO building, one Deacon Leroy Neal, the Lincoln Park Historical TION PROVIDES IMPORTANT block from the White House, we discussed Society held their 20th Annual Black History LEADERSHIP what she’s learned. Program at Mt. Calvary Baptist Church on Why is ‘‘lobbyist’’ such a dirty word? February 28. I wish to pay special tribute to HON. BARNEY FRANK I don’t consider it a dirty word at all. Mr. Russell Awkward and Mr. Gordon Hop- American citizens are constitutionally en- OF MASSACHUSETTS titled to petition the government through kins. These former professional Negro League IN THE HOUSE OF REPRESENTATIVES their representatives for any purpose. The baseball players will be speaking at the pres- Tuesday, March 4, 1997 term ‘‘lobbyist’’ arose when members of Con- entation on the topic, ``Building Historical gress didn’t have offices. So everyone seeing Dreams for Our Children.'' These two fine Mr. FRANK of Massachusetts. Mr. Speaker, them had to meet in the House or Senate gentlemen are the only members of the Negro last week I joined several of my colleagues in lobby. March 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E371 Now as government grew, organizations gressmen or senators assign a top staff mem- How good a Speaker is Newt Gingrich? found they had a bigger stake in what hap- ber full-time to take constituent calls and Good in that he sounds like he knows what pens in Washington. So they hired people read mail. Then the member can respond to he’s talking about. He has a fine ability, as like me to represent their members. That’s constituents. a former teacher, to express himself with perfectly legitimate. Many times over the years I’ve asked our great panache. In fact, he’s rare—a Speaker But lobbyists tend to work for, or even be- folks to send me any correspondence from of the House who’s actually a good speaker. come, fat cats. Congress. When doing so, many attach a note Now, what he says is something else again. Well, I’m not. And I don’t. saying, ‘‘Please return this. I’d like to keep Why don’t you like Newt? I work for more than 350,000 union mem- it since it comes from my member of Con- I don’t like him he’s backed more proposed bers and 250,000 retirees. They’re far from fat gress.’’ That means a lot to them. laws that would harm Americans than any- cats. They’re hard-working citizens who What should a lobbyist avoid? one I’ve seen here. can’t trot up to Capitol Hill and meet their Three things, which I call ‘‘my BAT.’’ His Contract With America, his opposition representative directly. However, they can One, don’t Beg for votes. Second, don’t As- to family and medical leave, to healthcare and do write letters and call. sume you know everything. And third, don’t reform, to Social Security, and to the mini- How has Congress changed in your time? Threaten anyone by saying you’ll work to mum-wage increase were unconscionable. All Members are much younger. Some, sadly, defeat the guy or gal or anything like that. these laws are good for Americans, espe- don’t know much about the institution and Always remember why you’re there. As a cially for the poor. haven’t learned much. lobbyist, you’re there to get votes. This What most bothers me in his Republican Many of these young Republicans distress means you approach anyone who has a vote, Congress is how they make it seem a crime me. After the 1994 election, I even broke my regardless of whether you’re likely to suc- for anyone to be poor. Like the poor want to own cardinal rule of going to visit each new ceed or not. be poor. member. I was so upset at their ignorance I rarely go into an office just to be there. Some of those folks on the Hill can’t get it and small-mindedness about anyone in this I’m in to talk about an important issue. through their thick heads that, as represent- country not like them. I like to win because I’m convincing on the atives in a democracy, they should care They have less knowledge of the institu- merits. But I know that sometimes a mem- about the people who most need their help. tion, of how to legislate or understand their ber will vote as a personal favor to me. I As a staunch Democrat and liberal, you constituency. They are narrow-minded on don’t kid myself about that. must be disappointed in Clinton. guns and the right to choose, affirmative ac- Many of these members I’ve known for a No, I’m not. I always knew he as an eco- tion—oh, you name it! very long time. They know by now that I nomic conservative and a social liberal. Clin- Has the caliber of members declined? won’t ask them to support something hor- ton cares about people and about education. Yes, it has. Some of these guys obviously rendous. That isn’t my way. He understands our need for good govern- decided to run for Congress because they I’m very conscious of time, which is their ment programs. were bored with what they had been doing. most precious commodity. Members are ter- But when it comes to economics, he’s long Others run because they hate things. ribly busy so it’s best to have the staff in been conservative. Remember, he came out That’s what bothers me most—the atmos- there too. A good staffer knows the issue as of the Democratic Leadership Council. I phere of hate that’s grown here. I was used well, if not better. know those guys over there. I’ve even to Republicans and Democrats opposing each They’ll often ask me to send background worked with them. But I don’t kid myself. other on issues but with some on each side or briefing materials. A major part of my job They’re not my brand of liberal. voting for the other position. That happens is providing information they can use in the So Clinton hasn’t disappointed you? less nowadays. committee or even in floor debate. He has in missing our passion for fair-trade And, no matter what, members were When a new session begins, I go in to see laws. We’ve lost hundreds of thousands of friendly. They’d talk to each other. They’d new members and their staffs. I try to intro- jobs because we now must compete with kid one another. There was an overall feeling duce myself to everyone in the office. Some- countries that bring their products into of being in this together. They’d disagree on times I’m successful in that, sometimes not. America very cheaply. issues but never be nasty about it. But at least I’ve made the effort. NAFTA still burns. Members need that civility. Every issue is So you really like Congress. It sure does. I tell my people that when we different. An opponent one day will be your Oh, yes. This negativism towards the insti- elected Clinton, we didn’t elect somebody supporter the next. But there’s been a big de- tution bothers me. from the labor movement. cline in civility—above all, a decline in re- I think Congress is the greatest institution Well, there’s never been a president we spect for the government of the United in the whole wide world. I’m corny enough haven’t been somewhat disappointed in. States of America. That, to me, is saddest. still to be thrilled each time I see the Cap- How great a president is he? How do you expect the new Congress to dif- itol—day or night. I think it holds the fate of He’s been a good president so far. Maybe he fer from the 104th? America in its hands. can approach greatness. I suspect that it won’t be as mean-spirited I do distinguish between the institution Who were the best three presidents you’ve as it was in the last two years. I think the and the people in it. Nonetheless, I have known? Republicans as well as the Democrats realize great respect for members. Some who’ve dis- Harry Truman was number one. He did it’s going to be important to produce legisla- agreed with me are still people of great stat- more for the people than anyone. Truman tion that will be helpful to the people of this ure. A good number are first-rate historians understood better what America’s all about. country. The Republican leadership realized or scholars. Though he came from the Pendergast mob, that their attempt to dictate what the legis- Tell us the best three since you came here he was the most honest man I ever knew. lative program would be in the 104th Con- in 1956. Then John Kennedy, who exuded concern gress didn’t work. That’s too hard. and a complete grasp of what a president had I assume, along with everyone else, that Go on. Try. to be. Kennedy didn’t have time to do much, there will be more cooperation. However, I Okay. The guy who did most for the people but he left a legacy of turning the US into a see some evidence that members in the lead- of this country was Tip O’Neill. He under- young and wonderful country. There were so ership of the Republican party still are de- stood his job as member and then as Speak- many things we all had to do back then. And termined to attack the Democratic leader- er, and he knew his people very well. Lyndon Kennedy had a sense of humor, which you ship. I also think they are likely to try to at- Johnson used his position as majority leader, need when you’re president—or anything else tack the labor movement through legislation vice president, and then president to pass for that matter. that would be detrimental not only to union many laws that were good for ordinary Third was my great friend Lyndon John- members but to American workers gen- Americans. He was a consummate politician son. He passed the first civil-rights law and erally—such as campaign reform to prevent but still had faith in the people. education measures. Johnson had deep re- the unions from raising money from their Third was my great friend Richard Bolling, spect for the labor movement and liked peo- members, or compensatory-time legislation who was a prote´ge´ of Sam Rayburn’s but a ple of all backgrounds. He used his power to that would deprive workers of the chance to great liberal. I worked with Bolling at Amer- develop programs. earn overtime pay. icans for Democratic Action and then here. Who was the worst president? What works best to persuade members of He was a real student of government, espe- Richard Nixon, without question. He came Congress? cially of Congress. to the Congress after making Jerry Voorhis, Always be honest. Never play games. Never Any Republicans you respected? really a very great member, seem like a pretend you know everything about a bill or Oh, sure, Senator Charles Mathias of Mary- Communist. Jerry Voorhis actually had an issue. You don’t. land was a real statesman. impressive record of fighting Communism Use constituents, since they’re always the John Sherman Cooper was a great student from his socialist base. best lobbyists. We succeed most when our of the issues. So whenever he spoke, he Nixon did the same thing to Helen union members contact their own represent- gained respect on both sides of the aisle. Gahagan Douglas when he ran against her atives directly. Third, strangely enough, was Barry Gold- for Senate. And what Richard Nixon later Folks at the grassroots, if they ever real- water. He was honest. He’d always give you did to the institution of the presidency was ized it and wanted to, could run this country. a direct answer. When he was on your side, dreadful. People really do have power. The smart con- he’d fight all the way. What was your saddest day? E372 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1997 The day Kennedy was assassinated. I had a he’d ask me: ‘‘Well, Ev, what are you on Willard Hotel in Washington, D.C., to discuss funny feeling right before that day. Adlai today?’’ I’d tell him, and most often he’d challenges which, in a broad sense, are simi- Stevenson had gone to Texas and told Ken- say, ‘‘Sorry, I can’t vote with you on that lar to those faced today. nedy, ‘‘Don’t go. The atmosphere down there one.’’ We became very good friends. A hostile Republican majority controlled isn’t good.’’ So I woke that morning with a What have you learned about how Wash- Congress. The president, Harry Truman, was heavy heart. I was attending a conference, ington works? a Democrat, but one whom many considered but all day long I thought about Kennedy. So Washington’s a special little enclave in the insufficiently liberal. A new American econ- when the news came. . . . grand United States. Too many Washing- omy, marked by technological change, was Gone was a leader in whom we all had tonians think they’re running the country emerging. In the area of race relations, great faith and hope, cut down before he had when they’re not. The government still re- America’s reality failed to match its ideals. a chance to make his mark. acts more than it acts. Abroad, the United States confronted a rap- I had sad days whenever people tried to Here, more than elsewhere, personalities idly changing new world order. enact right-to-work laws, the whole business count. Personal relationships matter most. Liberals who attended the meeting in- of 14B in the Taft-Hartley Act. They were Technologies like e-mail and faxes and the cluded former first lady Eleanor Roosevelt; trying to deny people their inherent right to Internet bring the rest of the country much theologian Reinhold Niebuhr, perhaps best belong to unions, a right given them in the closer to Washington, which is beneficial. remembered today as the author of the ‘‘Se- National Labor Relations Act. The right to Many members now must think of those renity Prayer’’; historian Arthur Schlesinger join together and do things for the common they hadn’t paid much attention to before. Jr.; economist John Kenneth Galbraith; benefit is what democracy’s all about. In Washington you should never write off labor presidents Walter Reuther of the Unit- I’ve been saddened by our inability to get anybody. You’ll be surprised where tomor- ed Auto Workers and David Dubinsky of the equitable trade laws passed. I work for a low- row’s allies come from. International Ladies Garment Workers wage industry with probably more immi- I’ve learned there’s a lot of the patina of Union; Sen. Paul Douglas, D-Ill.; and Hubert grants and people of diverse backgrounds. Washington social life; it’s often who you H. Humphrey, the mayor of Minneapolis, They’re just trying to make their daily lives know—not what you know—that goes a long who in 1948 would be elected to the U.S. Sen- a bit better. way. Invitations from certain people mean a ate and then as vice president in 1964. Our fight isn’t against the workers of other whole lot. Nelson Poynter, former editor and presi- countries. We’re against the sweatshops I’ve learned I don’t know as much as I dent of the St. Petersburg Times, also was abroad, as we are here. present, as was Barry Bingham of the Louis- What episodes from your career will you thought I knew. Living here’s a very hum- ville Courier-Journal. best remember? bling experience. Out of the meeting, Americans for Demo- The day Speaker Tip O’Neill instructed the Money plays too large a role here. I resent cratic Action, today the nation’s oldest inde- House doorman to give me a chair at the en- how much it costs to run for office now- pendent liberal organization, was born. In trance to the House floor because I deserved adays. So many members or candidates must her syndicated newspaper column, ‘‘My it. That was a great moment in my life. go out and beg to be elected. I remember fondly being up in Albany That’s why I’ve always supported public fi- Day,’’ on Jan. 6, 1947, Mrs. Roosevelt de- making a speech when I got a call at the air- nancing of campaigns. I’ve never been com- clared that ADA was needed ‘‘to carry on the port from the White House. Juanita Roberts, fortable with forming PACs. Our strength spirit of progress’’ in America. ‘‘We do not President Johnson’s secretary, said he was should be in the people we represent and not believe that what has been done in the past going to sign the education bill and would the money we hand out. is the highest attainment that can be hoped like me there, along with the president of The first year after a representative gets for in a democratic nation.’’ my union. So I called our union president, elected is spent trying to make laws. The The following year, in 1948, ADA led the Louis Stylberg, and we arranged to meet in second year is spent raising money to be re- successful fight for a strong plank in the Washington. elected. This means their productive time is Democratic Party platform defining the par- We were there along with members of com- cut in half. ty’s commitment to civil rights. It was only mittees that had pushed the legislation Tell us three big lessons of life. the beginning, as ADA also participated in through. After signing the bill, LBJ walked One is not to think that friends have to the civil rights struggles in the South in the off the platform, pulled me up from my seat, agree with you. A broad swath is great. Some 1950s and 1960s. On May 4, 1963, after Sheriff and said, ‘‘This little lady is responsible for of my friends think I’m loony and disagree Bull Connor turned police dogs and fire hoses this bill.’’ Now I don’t think that was en- all the time. on marchers in Birmingham, Ala., ADA lead- tirely true, but it sure was nice to hear. Get to know what this country’s all about. ers met with President John F. Kennedy in Another happened right after I came down I’ve studied the American Indians, as they the White House and pressed him for greater to Washington in 1956 to lobby an amend- fascinate me. I began working with the Con- federal action in support of civil rights. The ment to the Landrum-Griffin Act. The act, gress of American Indians in the 1950s, teach- moment was a turning point, leading up to part of the whole Taft-Hartley approach to ing some of them how to organize their Martin Luther King’s March on Washington unions, among other areas outlawed the use members, how to register, and how to vote. in August 1963 and passage of the Civil of the secondary boycott. It should not have The Navajos have power now because they Rights Act of 1964. applied to the garment industry, where there learned these skills early on. Over the years, ADA pushed for increases is a direct relationship between the jobber Get to know our senior citizens. They’re in the minimum wage, full employment, (the main employer) and the contractor who wonderful. They vote. They’re interested. Medicare, abortion rights, environmental manufactures the garment product. My job They’ll call. They express themselves hon- protections, arms control and an end to was to get the amendment to permit our estly. apartheid. It also was distinctly anti-Com- union to be an exception to that section of I’ve learned that no one’s as important as munist in origin, and supported the Marshall the act. he or she thinks. Plan, the Truman Doctrine and the North John F. Kennedy, then a senator, agreed to It’s hard to accept that you’ll have to get Atlantic Treaty Organization early in the introduce it in the Senate. One of his top out of the picture and let somebody else take Cold War; but, in the 1960s, opposed the Viet- staffers told me, ‘‘Ev, you’re asking him to over some day. nam War. put his political head on the block.’’ I’m lucky to have lived so long and so well. In the 1970s, the organization was attacked I said, ‘‘Oh, come on. What are you saying? I try to enjoy every day. So many people by Vice President Spiro Agnew and its mem- Massachusetts has plenty of garment work- touched my life. bers were included on President Nixon’s infa- ers affected by this. It won’t hurt Kennedy Other lessons of life? mous ‘‘Enemies List.’’ In turn, ADA became one bit.’’ And it didn’t. My greatest lesson is not to take life so the first national organization to call for Barry Goldwater had been calling my boss, very seriously. You can make a difference, Nixon’s impeachment. David Dubinsky, head of our union, who was but never think you’re Joan of Arc. Though many Americans consider liberals a very great man. I told Dubinsky to let me Great people came before you. Great people to be heroes, we often are pointed as ‘‘pink- see what Goldwater wanted. So I saw him will come after you. If you have an oppor- os,’’ socialists, Marxists or worse. During the and asked. tunity to make any contribution, be grateful 1996 campaign, Bob Dole and other Repub- He said, ‘‘Look, Ev, my family knows the for that. lican candidates attacked Democrats as ‘‘lib- rag business. My sister and I spent a year in eral, liberal, liberal,’’ they were singing an the garment district. I understand the prob- [From the St. Petersburg Times, Jan. 19, old song, one perfected by Joe McCarthy, lems there.’’ So I called Dubinsky and told 1997] Richard Nixon and Spiro Agnew in past elec- tions; only this time it didn’t play. Ameri- him to talk with Goldwater. LIBERALS WORK FROM THE VITAL CENTER Later Dubinsky told me Goldwater said to cans instead were looking to core values. him, ‘‘Hey, that’s a smart little girl lawyer (Jack Sheinkman) And, in fact, America’s core values are lib- you’ve got down here.’’ I said, ‘‘Did you tell As President Clinton prepares to deliver eral values. I believe that many Americans Goldwater I wasn’t a lawyer?’’ Dubinsky his second inaugural address on Monday, the are more liberal than they themselves real- laughed and said, ‘‘No. If he thinks you’re a political landscape seems remarkably famil- ize. lawyer, that’s okay with me.’’ iar to liberals. Let’s look at some basic definitions. First That began a wonderful relationship. A half-century ago, on Jan. 3, 1947, about and foremost, liberals believe in liberty, Whenever I’d see Barry Goldwater after that, 130 of the nation’s leading liberals met at the equality and opportunity for individuals. We March 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E373 also believe in the Constitution, which cre- against generation, and worsening relations will now take on new private roles as parents, ated a national government to act for the between races. As a nation, we increasingly teachers, and role models for their son. common good, along with a Bill or Rights to are at risk of coming apart, rather than pull- Sheldon Adelson has spent nearly half a protect the freedoms of ordinary citizens. We ing together to build a common future. believe in the legacy of Franklin Roosevelt’s In 1995, the Republican Congress sought to century building a worldwide reputation as an New Deal, which includes a commitment to cut funds for Medicare, Medicaid and edu- entrepreneur and visionary businessman. He economic security for all Americans, and the cation, President Clinton successfully re- is not only one of the most influential leaders need for American leadership within an sisted; however, he acquiesced to giving the in today's convention, hotel, travel, and gam- international community. Pentagon billions of dollars that it had not ing industries, but has earned a reputation as Liberalism does not mean big government. requested, and the, after two vetoes, signed a a top executive in the computer industry. He Liberals instead want effective, efficient and welfare reform bill that eliminates assist- is also active in the international business caring government, and therefore have sup- ance to many poor Americans, without doing arena, particularly in Israel where he is in- ported many of President Clinton’s and Vice anything meaningful to help them find jobs. President Gore’s ‘‘reinventing government’’ Last year, ADA was the first national or- volved in fostering trade, manufacturing, and initiatives. ganization to endorse President Clinton for software development for Israeli high-tech- Liberals believe in a progressive tax sys- re-election. In doing so, we called on liberals nology companies, and creating new forums tem in which people (and corporations) pay a to join moderates and true conservatives to that show the world the advantages of doing fair and equitable share relative to their ben- fight for the vital center of American poli- business with Israel. efits from our economic system. We also be- tics. Our cry recalled ADA founder Arthur Sheldon also has a long record of public lieve in rational budget priorities—including Schlesigner’s 1949 book The Vital Center, and private support of the State of Israel. In deficit reduction—but not necessarily a bal- which presented liberalism as middle ground anced budget as any kind of absolute, magi- between the rigid ideological doctrines of addition to his numerous philanthropic activi- cal economic cure. left and right. ties for the Jewish community in the United Since 1994, the Republican vision has been As the president approaches his second in- States, he has shown his true dedication to to dismantle the federal government and the augural, liberals can celebrate with him, but building a strong and secure Israel. liberal foundations that sustained America’s we still expect to disagree with him from Miriam Adelson has devoted her career to progress over the past 60 years. It is a vision time to time. Liberals who were not afraid to medicine, specializing in the fields of internal that would return America to 19th-century confront Harry Truman and John F. Ken- medicine and emergency medicine and most laissez-faire capitalism, leaving ordinary nedy, in order to move them toward a more people and communities at risk. forthright embrace of civil rights, will not recently, chemical dependency and drug ad- It is a vision that is incompatible with hesitate to confront President Clinton and diction. In 1986, Dr. Adelson was invited to be helping Americans cope with rapid economic the Republican Congress whenever we dis- a guest investigator and associate physician at and technological change. agree with them on vital policy matters. Rockefeller University in New York City where Although the economy has improved since Just as liberals gathered in 1947 out of con- she studied chemical dependency and drug 1992, Americans still suffer from a steady de- cern for America’s future, we must do so addiction. Her experiences as a witness to the cline in their standards of living. Each year again, 50 years later, to chart a course for in the 1990s, real wages decreased among devastating effects drug addition has had on the next 50. this country led her to commit herself to pre- even the most highly educated workers. f Fully 80 percent of American families were venting and treating drug addiction in her worse off in 1995 than in the 1970s. Nonethe- CONGRATULATIONS TO SHELDON homeland of Israel before it reached epidemic less, from 1973 to 1995, there has been a 25 AND MIRIAM ADELSON proportions. percent gain in productivity, with signifi- She has shown her commitment to this cant increases in profits for corporate Amer- cause by building the Dr. Miriam Adelson and ica and increases in compensation for cor- HON. BILL PAXON Sheldon G. Adelson Clinic for drug abuse porate executives. OF NEW YORK Even though unemployment seems rel- treatment and research in Tel Aviv, Israel's atively low, unemployment rates for blacks HON. SUSAN MOLINARI first drug treatment and research center in a and Hispanics remain at about 10 percent, al- OF NEW YORK hospital setting. This clinic opened in June most double the rate for white workers. IN THE HOUSE OF REPRESENTATIVES 1993 and a second Adelson clinic is being When discouraged workers and people work- built at the Poriah Hospital in Israel's Galilee ing part-time due to economic conditions are Tuesday, March 4, 1997 region. included, the ‘‘real’’ rate of unemployment Mr. PAXON. Mr. Speaker, Ms. Molinari and As new parents ourselves, we know the joy jumps to about 10 percent. These economic trends represent not only I rise today to congratulate our dear friends, and happiness that a child brings to our lives. economic hardship for individuals, but also Sheldon and Miriam Adelson on the recent We again congratulate Sheldon and Miriam on the unraveling of America’s social fabric: birth of their son, Adam. In addition to their the birth of their son and wish all of them the straining families, pitting generation distinguished public lives, Sheldon and Miriam best of luck for the future. Tuesday, March 4, 1997 Daily Digest

HIGHLIGHTS Senate rejected Balanced Budget Constitutional Amendment. Senate Chamber Action Communications: Pages S1922±23 Executive Reports of Committees: Pages S1923-24 Routine Proceedings, pages S1847–S1934 Statements on Introduced Bills: Pages S1924±26 Measures Introduced: Two bills and three resolu- tions were introduced, as follows: S. 390 and 391, Additional Cosponsors: Page S1926 S.J. Res. 22, and S. Res. 60 and 61. Page S1924 Notices of Hearings: Page S1928 Measures Reported: Reports were made as follows: Authority for Committees: Page S1928 S. Res. 19, expressing the sense of the Senate re- Additional Statements: Pages S1928±32 garding United States opposition to the prison sen- Record Votes: One record vote was taken today. tence of Tibetan ethnomusicologist Ngawang (Total—24) Pages S1920±21 Choephel by the Government of the People’s Repub- lic of China. Adjournment: Senate convened at 9:30 a.m., and adjourned at 6:04 p.m., until 12 noon, on Wednes- Measure Rejected: day, March 5, 1997. (For Senate’s program, see the Balanced Budget Constitutional Amendment: remarks of the Majority Leader in today’s Record on By 66 yeas to 34 nays (Vote No. 24), two-thirds of page S1934.) those Senators duly chosen and voting, not having voted in the affirmative, Senate rejected S.J. Res. 1, Committee Meetings proposing an amendment to the Constitution of the United States to require a balanced budget. (Committees not listed did not meet) Pages S1847±83, S1884±S1922 AUTHORIZATION—NATIONAL SCHOOL Trade Act Application Waiver—Agreement: A LUNCH PROGRAM unanimous-consent time-agreement was reached pro- viding for the consideration of S.J. Res. 5, waiving Committee on Agriculture, Nutrition, and Forestry: Com- certain provisions of the Trade Act of 1974 relating mittee concluded hearings on proposed legislation to the appointment of the United States Trade Rep- authorizing funds for programs of the National resentative on Wednesday, March 5, 1997, with a School Lunch Act, after receiving testimony from vote to occur thereon. Page S1933 Janet Bantly, Enfield, Connecticut, and Tami J. Cline, Alexandria, Virginia, both of the American Nomination—Agreement: A unanimous-consent School Food Service Association; Mary Kate Har- agreement was reached providing for the consider- rison, Hillsborough County Schools, Tampa, Florida; ation of the nomination of Charlene Barshefsky, of Dennis Bier, Baylor College of Medicine, Houston, the District of Columbia, to be United States Trade Texas, on behalf of the Children’s Nutrition Re- Representative, with the rank of Ambassador, on search Center; Michael Berry, Disneyland Resort, Wednesday, March 5, 1997. Page S1933 Anaheim, California; and Judith L. Dodd, University Measures Placed on Calendar: Page S1922 of Pittsburgh, Allison Park, Pennsylvania. D169 D170 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1997 APPROPRIATIONS—AGRICULTURE AUTHORIZATION—DEFENSE Committee on Appropriations: Subcommittee on Agri- Committee on Armed Services: Committee resumed hear- culture, Rural Development, and Related Agencies ings on proposed legislation authorizing funds for held hearings on proposed budget estimates for fiscal fiscal year 1998 for the Department of Defense and year 1998 for the Department of Agriculture, receiv- the future years defense plan, focusing on Depart- ing testimony in behalf of funds for their respective ment of the Army programs, receiving testimony activities from Thomas J. Billy, Administrator, Food from Togo D. West, Jr., Secretary of the Army; and Safety and Inspection Service, Michael Dunn, Assist- Gen. Dennis J. Reimer, USA, Chief of Staff of the ant Secretary for Marketing and Regulatory Pro- Army. grams, Terry L. Medley, Administrator, Animal and Plant Health Inspection Service, Lon S. Hatamiya, Committee will meet again on Tuesday, March Administrator, Agricultural Marketing Service, 11. James R. Baker, Administrator, Grain Inspection, Packers and Stockyards Administration, and Dennis FINANCIAL DERIVATIVES ACCOUNTING Kaplan, Deputy Director for Budget, Legislative and RULES Regulatory Systems, Office of Budget and Program Committee on Banking, Housing, and Urban Affairs: Analysis, all of the Department of Agriculture. Subcommittee on Securities concluded oversight Subcommittee will meet again on Tuesday, March hearings to examine Securities and Exchange Com- 11. mission and Financial Accounting Standards Board APPROPRIATIONS—HHS proposals affecting the accounting treatment and supplemental disclosures of financial derivatives, Committee on Appropriations: Subcommittee on Labor, after receiving testimony from Steven M.H. Health and Human Services, and Education held hearings on proposed budget estimates for fiscal year Wallman, Commissioner, Securities and Exchange 1998 for the Department of Health and Human Commission; Kenneth Lehn, University of Pitts- Services, receiving testimony from Donna E. Shalala, burgh, Pittsburgh, Pennsylvania, former Chief Econ- Secretary of Human Services. omist, SEC; Thomas D. Logan, Basic American, Inc., Subcommittee will meet again on Thursday, Walnut Creek, California, and Patrick M. Montgom- March 20. ery, ULLICO, Washington, D.C., both on behalf of the Treasury Management Association; William P. APPROPRIATIONS—INDEPENDENT Miller II, Common Fund, Inc., Westport, Connecti- AGENCIES cut, on behalf of the Association for Investment Committee on Appropriations: Subcommittee on VA, Management and Research; and Joseph P. Bauman, HUD, and Independent Agencies held hearings on Bank of America, San Francisco, California, on behalf proposed budget estimates for fiscal year 1998, re- of the International Swaps and Derivatives Associa- ceiving testimony in behalf of funds for their respec- tion, Inc. tive activities from Harris Wofford, Chief Executive Officer, Corporation for National and Community PRODUCT LIABILITY REFORM Service; Frank Nebeker, Chief Judge, Court of Veter- Committee on Commerce, Science, and Transpor- ans Appeals; Gen. John P. Herrling, Secretary, tation:Committee held hearings on S. 5, to establish American Battle Monument Commission; Steven legal standards and procedures for product liability Dola, Deputy Assistant Secretary (Management and litigation, receiving testimony from Representatives Budget), DOD-Civil, Cemeterial Expenses, Depart- Campbell and Gekas; Richard Vuernick, Citizen Ac- ment of the Army; and Gil Coronado, Director, Se- lective Service System. tion, Victor Schwartz, Crowell and Moring, both of Subcommittee will meet again on Tuesday, March Washington, D.C.; Lucinda Finley, University of 11. Buffalo School of Law, Buffalo, New York; Julie Nimens, Schutt Sports, Inc., Litchfield, Illinois; Ste- NOMINATIONS ven J. Sharp, Minneapolis, Minnesota; Tom Deushle, Committee on Armed Services: Committee ordered favor- Liberty, Missouri; and Steve Gunther, McLean, Vir- ably reported 1,634 military nominations in the ginia. Army, Navy, Marine Corps, and Air Force. Hearings were recessed subject to call. March 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D171 SUPERFUND REFORM Subcommittee will meet again tomorrow. Committee on Environment and Public Works: Sub- MEDICARE/MEDICAID/WELFARE BUDGET committee on Superfund, Waste Control, and Risk Assessment held oversight hearings to examine li- Committee on Finance: Committee resumed hearings ability and resource issues associated with the clean- on the President’s proposed budget request for fiscal up and redevelopment of abandoned or underutilized year 1998, focusing on spending proposals relating industrial and commercial properties, focusing on to Medicare, Medicaid, and welfare, receiving testi- the current state of the Brownfields Economic Rede- mony form Paul N. Van de Water, Assistant Direc- velopment Initiative and proposals to reform the tor for Budget Analysis, Congressional Budget Of- Superfund program, receiving testimony from Timo- fice; and Jonathan Ratner, Associate Director, Health thy Fields, Jr., Acting Assistant Administrator, Of- Financing and Systems Issues, Health, Education, fice of Solid Waste and Emergency Response, Envi- and Human Services Division, General Accounting ronmental Protection Agency; Peter F. Guerrero, Di- Office. rector, Environmental Protection Issues, Resources, Committee will meet again tomorrow. Community, and Economic Development Division, BUSINESS MEETING General Accounting Office; James M. Seif, Penn- sylvania Department of Environmental Protection, Committee on Foreign Relations: Committee ordered fa- Harrisburg; Mayor J. Christian Bollwage, Elizabeth, vorably reported the following business items: New Jersey, on behalf of the U.S. Conference of S. Res. 19, expressing the sense of the Senate re- Mayors; Lorrie Louder, St. Paul Port Authority, St. garding United States opposition to the prison sen- Paul, Minnesota, on behalf of the National Associa- tence of Tibetan ethnomusicologist Ngawang tion of Local Government Environmental Profes- Choephel by the Government of the People’s Repub- sionals; William J. Riley, Bethlehem Steel Corpora- lic of China; and tion, Bethlehem, Pennsylvania, on behalf of the The nominations of Pete Peterson, of Florida, to American Iron and Steel Institute; J. Peter Scherer, be Ambassador to the Socialist Republic of Vietnam, Taubman Company, Bloomfield Hills, Michigan, on Princeton Nathan Lyman, of Maryland, to be Assist- behalf of the National Realty Committee; and Wil- ant Secretary of State for International Organization liam K. Wray, Citizens Financial Group, Providence, Affairs, and a Foreign Service Officers’ promotion list Rhode Island. received by the Senate on January 21, 1997. D172 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1997 House of Representatives Chamber Action Committee Meetings Bills Introduced: 14 public bills, H.R. 908–921; AGRICULTURE, RURAL DEVELOPMENT, and 5 resolutions, H.J. Res. 59 and H. Con. Res. FDA AND RELATED AGENCIES 32–35, were introduced. Pages H724±25 APPROPRIATIONS Reports Filed: No reports were filed today. Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, Food and Drug Admin- Speaker Pro Tempore: Read a letter from the istration, and Related Agencies held a hearing on Speaker wherein he designated Representative Ewing Research, Education and Economics. Testimony was to act as Speaker pro tempore for today. Page H711 heard from Catherine E. Woteki, Acting Under Sec- Recess: The House recessed at 12:58 p.m. and re- retary, Research, Education and Economics, USDA. convened at 2:00 p.m. Page H714 COMMERCE, JUSTICE, STATE, AND Order of Business: It was made in order that on JUDICIARY APPROPRIATIONS Wednesday, March 5, 1997, the Speaker be author- Committee on Appropriations: Subcommittee on Com- ized to entertain motions to suspend the rules and merce, Justice, State and Judiciary held a hearing on agree to the following resolutions: H. Con. Res. 17, Attorney General. Testimony was heard from Janet congratulating the people of Guatemala on the suc- Reno, Attorney General, Department of Justice. cess of the recent negotiations to establish a peace process for Guatemala, H. Con. Res. 18, congratulat- ENERGY AND WATER DEVELOPMENT ing the people of the Republic of Nicaragua on the APPROPRIATIONS success of their democratic elections, and S. Con. Committee on Appropriations: Subcommittee on Energy Res. 4, commending and thanking the Honorable and Water Development held a hearing on U.S. Warren Christopher for his exemplary service as Sec- Army Corps of Engineers. Testimony was heard from retary of State. And, that on Thursday, March 6, the following officials of the Department of the 1997, the Speaker be authorized to entertain a mo- Army: H. Martin Lancaster, Assistant Secretary of tion to suspend the rules and pass H.R. 513, Dis- the Army (Civil Works); Lt. Gen. Joe N. Ballard, trict of Columbia Council Contract Review Reform USA, Chief, Corps of Engineers; and Maj. Gen. Rus- Act of 1997. Page H715 sell Fuhrman, USA, Director, Civil Works. Suspension—Display of the Ten Command- INTERIOR APPROPRIATIONS ments: The House completed all debate on the mo- Committee on Appropriations: Subcommittee on Interior tion to suspend the rules and agree to H. Con. Res. continued appropriations hearing, with emphasis on 31, expressing the sense of Congress regarding the Natural Resources. Testimony was heard from public display of the Ten Commandments by Judge Roy S. witnesses. Moore, a judge on the circuit court of the State of LABOR—HHS—EDUCATION Alabama. The vote was postponed until, Wednesday, APPROPRIATIONS March 5, 1997. Pages H715±21 Committee on Appropriations: Subcommittee on Labor, Quorum Calls—Votes: No quorum calls or votes Health and Human Services, and Education held a developed during the proceedings of the House hearing on the National Heart, Lung and Blood In- today. stitute, the National Institute of Drug Abuse and Adjournment: Met at 12:30 p.m. and adjourned at the National Institute on Alcohol Abuse and Alco- 3:01 p.m. holism. Testimony was heard from the following of- ficials of the Department of Health and Human March 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D173 Services: Claude J.M. Lefant, M.D., Director, Na- Major Federal Job Training Programs. Testimony tional Heart, Lung and Blood Institute; Alan I. was heard from Raymond J. Uhalde, Acting Assist- Leshner, M.D., Director, National Institute of Drug ant Secretary, Employment and Training Adminis- Abuse; and Enoch Gordis, M.D., Director, National tration, Department of Labor; and public witnesses. Institute on Alcohol Abuse and Alcoholism. MISCELLANEOUS MEASURES MILITARY CONSTRUCTION Committee on International Relations: Favorably consid- APPROPRIATIONS ered and adopted a motion urging the Chairman to Committee on Appropriations: Subcommittee on Mili- request that the following measures be considered on tary Construction held a hearing on Quality of Life. the Suspension Calendar: H. Con. Res. 17, congratu- Testimony was heard from the following officials of lating the people of Guatemala on the success of the the Department of Defense: Jerry T. Alley, Jr., Com- recent negotiations to establish a process for Guate- mand Sgt. Major, U.S. Army Forces Command; John mala; and H. Con. Res. 18, congratulating the peo- Hagan, Master Chief Petty Officer, U.S. Navy; Lewis ple of the Republic of Nicaragua on the success of G. Lee, Sgt. Major, U.S. Marine Corps; and Eric W. their democratic elections held on October 20, 1996. Benken, Chief Master Sgt. U.S. Air Force. FY 1998 MILITARY CONSTRUCTION TREASURY, POSTAL SERVICE, AND BUDGET REQUEST GENERAL GOVERNMENT APPROPRIATIONS Committee on National Security: Subcommittee on Mili- Committee on Appropriations: Subcommittee on Treas- tary Installations and Facilities held a hearing on the ury, Postal Service, and General Government held a Fiscal Year 1998 Military Construction Budget Re- hearing on Alcohol, Tobacco, and Firearms; Federal quest for programs of the active and Reserve Compo- Law Enforcement Training Center and the Financial nents of the Department of the Navy and the De- Crimes Enforcement Network. Testimony was heard partment of the Air Force. Testimony was heard from the following officials of the Department of the from the following officials of the Department of Treasury: Ray Kelly, Under Secretary, Law Enforce- Defense: Robert B. Pirie, Jr., Assistant Secretary, ment; John W. Magaw, Director, Bureau of Alcohol, Navy (Installations and Facilities); Rear Adm. David Tobacco and Firearms; Charles F. Rinkevich, Direc- J. Nash, USN, Commander, Naval Facilities Engi- tor, Federal Law Enforcement Training Center; and neering Command; Rear Adm. (Select) John B. Stanley E. Morris, Director, Office of Financial Brunelli, USN, Deputy Director, Naval Reserve; Crimes Enforcement Network. Maj. Gen. Joseph D. Stewart, USMC, Deputy Chief VA—HUD—INDEPENDENT AGENCIES of Staff, Installations and Logistics, Headquarters, APPROPRIATIONS Marine Corps; Jimmy G. Dishner, Deputy Chief of Committee on Appropriations: Subcommittee on VA, Staff (Installations); Maj. Gen. Eugene A. Lupia, HUD, and Independent Agencies held a hearing on USAF, The Civil Engineer, Headquarters, U.S. Air Neighborhood Reinvestment Corporation and on the Force; Brig. Gen. Paul A. Waver, Deputy Director, Selective Service System. Testimony was heard from Air National Guard; and Brig. Gen. John A. Brad- George Knight, Director, Neighborhood Reinvest- ley, USAF, Deputy to the Chief, Air Force Reserve. ment Corporation; and Gil Coronado, Director, Se- READINESS AND PERSONNEL: VIEWS FROM lective Service System. THE FIELD THE ECONOMY Committee on National Security: Subcommittee on Mili- Committee on the Budget: Held a hearing on the econ- tary Personnel and the Subcommittee on Military omy. Testimony was heard from Alan Greenspan, Readiness held a joint hearing on Readiness and Per- Chairman, Board of Governors, Federal Reserve Sys- sonnel: Views from the Field. Testimony was heard tem. from the following officials of the Department of Defense: Lt. Gen. Thomas A. Schwartz, USA, Com- FEDERAL JOB TRAINING PROGRAMS mander, III Corps, Fort Hood, TX; Lt. Gen. Ronald REFORM W. Iverson, USAF, Commander, 7th Air Force, Osan Committee on Education and the Workforce: Subcommit- AFB, Korea; Vice Adm. Charles Abbot, Commander, tee on Postsecondary Education, Training and Life- 6th Fleet, Italy; Lt. Gen. Carlton W. Fulford, Long Learning held a hearing on Reform of the USMC, Commander I Marine Expeditionary Force, D174 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1997 Camp Pendleton, CA; Command Sgt. Maj. Roy cials of the Power Administrations, Department of Thomas, USA, 2nd Brigade, 1st Cavalry Division, Energy: Stephen J. Wright, Vice-President, National Ft. Hood, TX; Senior Chief Legalman Renee S. Relations, Bonneville; J. M. Shafer, Administrator, Scheetz, USN, USS Simon Lake (AS33); Senior Master Western Area; Charles A. Borchardt, Administrator, Sgt. Gary Simmons, USAF, 25th Fighter Squadron, Southeastern; Michael A. Deihl, Administrator, Osan AFB, Korea; Sgt. Maj. Charles E. Constance, Southwestern; and Rodney L. Adelman, Adminis- USMC, Regimental Sgt. Maj., 1st Marine Regiment, trator, Alaska. Camp Pendleton, CA.; Brig. Gen. Ronald Richard, NASA POSTURE AUTHORIZATION USMC, Commanding General, Marine Corps Air Ground Combat Center, Twentynine Palms, CA; Committee on Science: Subcommittee on Space and Aer- Brig. Gen. T. Michael Moseley, USAF, Commander, onautics held a hearing on NASA Posture fiscal year 57th Wing, Nellis AFB, NV; Brig. Gen. William S. 1998 authorization. Testimony was heard from Dan- Wallace, USA, Commander, National Training Cen- iel S. Goldin, Administrator, NASA. ter, Ft. Irwin, CA; Vice Adm. Bernard Smith, USN, ETHICS REFORM Commander, Naval Tactical Warfare Center, Fallon, Committee on Standards of Official Conduct: Task Force NY; and public witnesses. on Ethics Reform held a hearing on the Ethics Proc- OVERSIGHT—ADMINISTRATION’S BUDGET ess in the House. Testimony was heard from Joe REQUEST Maskill, Legislative Attorney, Congressional Research Committee on Resources: Subcommittee on Energy and Service, Library of Congress; and public witnesses. Mineral Resources held an oversight hearing on the Hearings continue tomorrow. Administration’s budget requests with respect to the ISTEA REAUTHORIZATION following agencies of the Department of the Interior: Committee on Transportation and Infrastructure: Sub- the U. S. Geological Survey (except Water Resources committee on Surface Transportation continued hear- Division), the Minerals Management Service, the Of- ings on ISTEA Reauthorization: Policy Initiatives fice of Surface Mining Reclamation and Enforce- and Requests for Highway and Transit Projects. Tes- ment, and the Bureau of Land Management (Energy timony was heard from Representatives McHale, and Minerals, including Mining Law Administra- Sabo, Furse, Blumenauer, Hooley of Oregon; tion). Testimony was heard from the following offi- DeGette, LaTourette, Kucinich, Thomas, Holden, cials of the Department of the Interior: Gordon Packard, Gillmor and Frelinghuysen; and public wit- Eaton, Director, U.S. Geological Survey; Katherine nesses. Henry, Acting Director, Office of Surface Mining Hearings continue March 6. Reclamation and Enforcement; Carolita Kallaur, Deputy Director, Minerals Management Service; and MEDICARE HOME CARE, SKILLED NURSING W. Hord Tipton, Assistant Director, Minerals, Lands FACILITY, AND OTHER POST-ACUTE and Resources Protection, Bureau of Land Manage- PAYMENT POLICIES ment. Committee on Ways and Means: Subcommittee on OVERSIGHT—ADMINISTRATION’S BUDGET Health held a hearing on Medicare Home Health REQUEST Care, Skilled Nursing Facility, and Other Post-Acute Care Payment Policies. Testimony was heard from Committee on Resources: Subcommittee on Water and Joseph P. Newhouse, Chairman, Prospective Pay- Power Resources held an oversight hearing on the ment Assessment Commission; William J. Scanlon, Administration’s proposed 1998 budget requests for Director, Health Financing and Systems Issue Area, the Bureau of Reclamation, the Central Utah GAO; George F. Grob, Deputy Inspector General, Project, and the Water Resources Division of the Evaluation and Inspections, Office of the Inspector U.S. Geological Survey and the Power Marketing General, Department of Health and Human Services; Administrations. Testimony was heard from follow- and public witnesses. ing officials of the Department of the Interior: Patri- cia J. Beneke, Assistant Secretary, Water and ‘‘HIGH-RISK’’ PROGRAMS Science; Eluid Martinez, Commissioner, Bureau of Committee on Ways and Means: Subcommittee on Reclamation; and Robert M. Hirsch, Chief Hydrolo- Oversight, hearing on ‘‘High-Risk’’ Programs. Testi- gist, U.S. Geological Survey; and the following offi- mony was heard from the following officials of the March 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D175 GAO: Gene I. Dodaro, Assistant Comptroller Gen- Committee on the Budget, to hold hearings to examine the eral, Accounting and Information Management Divi- Congressional Budget Office’s analysis of the President’s sion; Lynda D. Willis, Director, Tax Policy and Ad- budget for fiscal year 1998, 10:30 a.m., SD–608. ministration Issues, General Government Division; Committee on Commerce, Science, and Transportation, Sub- Jane L. Ross, Director, Income Security Issues, committee on Aviation, to hold hearings to examine avia- Health, Education, and Human Services Division; tion safety, focusing on the work of the Gore Commis- and Leslie G. Aronovitz, Associate Director, Health sion, 10 a.m., SR–253. Financing and Systems Issues, Health, Education, Committee on Energy and Natural Resources, Subcommittee on Forests and Public Land Management, to resume hear- and Human Services, Division; Valerie Lau, Inspec- ings on the proposed Public Land Management Respon- tor General, Department of the Treasury; Patricia A. sibility and Accountability Restoration Act, 2:30 p.m., Dalton, Deputy Inspector General, Department of SD–366. Labor; and Michael F. Mangano, Principal Deputy Committee on Environment and Public Works, Subcommit- Inspector General, Department of Health and tee on Superfund, Waste Control, and Risk Assessment, Human Services. to hold hearings on S. 8, to authorize funds for and re- FUTURE IMAGERY ARCHITECTURE form the Comprehensive Environmental Response, Liabil- ity, and Compensation Act of 1980 (Superfund), 9:30 Permanent Select Committee on Intelligence: Held a brief- a.m., SD–406. ing on the Future Imagery Architecture. The Com- Committee on Finance, to hold hearings on the Presi- mittee was briefed by departmental witnesses. dent’s proposed budget request for fiscal year 1998 for f the Medicare program, 10 a.m., SD–215. Committee on Governmental Affairs, to hold hearings to COMMITTEE MEETINGS FOR examine issues relating to the General Accounting Office WEDNESDAY, MARCH 5, 1997 high-risk series, 10 a.m., SD–342. (Committee meetings are open unless otherwise indicated) Committee on Labor and Human Resources, business meet- ing, to consider pending calendar business, 9 a.m., Senate SD–430. Committee on Agriculture, Nutrition, and Forestry, to hold Committee on Rules and Administration, to hold oversight hearings to examine the Department of Agriculture’s hearings on the operation of the offices of the Secretary business plan and reorganization management proposals, of the Senate, the Sergeant at Arms, the Architect of the 9 a.m., SR–332. Capitol, and the National Gallery of Art, 9:30 a.m., Committee on Appropriations, Subcommittee on Defense, SR–301. to hold closed hearings to examine global assessment is- sues, 10 a.m., SD–124. House Subcommittee on Commerce, Justice, State, and the Committee on Appropriations, Subcommittee on Agri- Judiciary, to hold hearings to examine legal immigration culture, Rural Development, Food and Drug Administra- issues prior to the 1996 Presidential election, 3:30 p.m., tion, and Related Agencies, on Farm Credit Administra- S–146, Capitol. tion, 10 a.m., and on Food, Nutrition and Consumer Committee on Armed Services, Subcommittee on Airland Services, 1 p.m., 2362A Rayburn. Forces, to hold hearings on proposed legislation authoriz- ing funds for fiscal year 1998 for the Department of De- Subcommittee on Commerce, Justice, State and Judici- fense and the future years defense program, focusing on ary, on Secretary of State, 10 a.m., and on the FBI, 2 tactical aviation modernization issues, 10 a.m., SR–222. p.m., 2358 Rayburn. Subcommittee on Strategic Forces, to hold hearings on Subcommittee on Energy and Water Development, on proposed legislation authorizing funds for fiscal year 1998 Bureau of Reclamation, 10 a.m., 2362–B Rayburn. for the Department of Defense and the future years de- Subcommittee on Interior, on public witnesses, 10 a.m. fense program, focusing on defense programs to combat and 1:30 p.m., B–308 Rayburn. the proliferation of weapons of mass destruction, 2 p.m., Subcommittee on Labor, Health and Human Services, SR–222. and Education, on National Institute of Diabetes and Di- Subcommittee on Personnel, to hold hearings on pro- gestive and Kidney Diseases, 10 a.m., and on National posed legislation authorizing funds for fiscal year 1998 Library of Medicine the National Institute on Nursing for the Department of Defense and the future years de- Research and the Fogarty International Center, 1:30 p.m., fense program, focusing on recruiting and retention poli- 2358 Rayburn. cies within the Department of Defense and the military Subcommittee on Military Construction, on Army services, 2 p.m., SR–232A. Construction, 9:30 a.m., B–300 Rayburn. D176 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1997

Subcommittee on National Security, executive, on U.S. Treaty of Mutual Cooperation and Security Between the Pacific Command/U.S. Forces Korea, 10 a.m., and, execu- United States of America and Japan is essential for fur- tive, on U.S. Central Command, 1:30 p.m., H–140 Cap- thering the security interests of the United States, Japan, itol. and the nations of the Asia-Pacific region, and that the Subcommittee on Treasury, Postal Service, and General people of Okinawa deserve recognition for their contribu- Government, on the IRS, 9:30 a.m., and on U.S. Mint; tions toward ensuring the treaty’s implementation; and Bureau of Engraving and Printing; and Financial Manage- H.R. 750, to support the autonomous governance of ment Service, 2 p.m., 2360 Rayburn. Hong Kong after its reversion to the People’s Republic Subcommittee on VA, HUD, and Independent Agen- of China; to be followed by a hearing on AID Activities cies, on Council on Environmental Quality, 10 a.m., and and the Central Asian Republics, 1 p.m., 2200 Rayburn. on the Office of Science and Technology Policy, 11:30 Subcommittee on International Economic Policy and a.m., H–143 Capitol. Trade, hearing on ‘‘Report Card on NAFTA,’’ 2 p.m., Committee on Banking and Financial Services, Subcommit- 2172 Rayburn. tee on Capital Markets, Securities and Government Spon- sored Enterprises, hearing on Financial Modernization, 10 Subcommittee on International Operations and Human a.m., 2128 Rayburn. Rights, hearing on Foreign Relations Authorization for Subcommittee Domestic and International Monetary FY 1998 , U.S. Arms Control and Disarmament Agency, Policy, hearing on Conduct of Monetary Policy (Hum- 10 a.m., 2172 Rayburn. phrey-Hawkins), 2 p.m., 2128 Rayburn. Committee on the Judiciary, Subcommittee on Courts and Subcommittee on Housing and Community Develop- Intellectual Property, to markup the following measures: ment, hearing on H.R. 217, Homeless Housing Programs H.R. 400, 21st Century Patent System Improvement Act; Consolidation and Flexibility Act, 9 a.m., 2220 Rayburn. H.R. 672, to make technical amendments to certain pro- Committee on Commerce, to markup the following bills: visions of title 17, United States Code; H.R. 673, Patent H.R. 649, Department of Energy Standardization Act of and Trademark Office Surcharge Extension Act of 1997; 1997; H.R. 363, to amend section 2118 of the Energy H.R. 811, Patent Term Restoration Act of 1997; and a Policy Act of 1992 to extend the Electric and Magnetic measure to establish a commission on structural alter- Fields Research and Public Information Dissemination natives for the Federal Courts of Appeals, 11 a.m., 2237 Program; H.R. 651, to extend the deadline under the Rayburn. Federal Power Act for the construction of a hydroelectric Subcommittee on Crime, hearing on the following project located in the state of Washington; and H.R. bills: H.R. 26, to amend title 18, United States Code, to 652, to extend the deadline under the Federal Power Act provide that the firearms prohibitions applicable by rea- for the construction of hydroelectric project located in the son of a domestic violence misdemeanor conviction do not State of Washington, 3:30 p.m., 2123 Rayburn. apply if the conviction occurred before the prohibitions Subcommittee on Health and Environment, hearing on became law; and H.R. 445, to provide that the firearms Medicare Home Health Care, 10 a.m., 2322 Rayburn. prohibitions applicable by reason of a domestic violence Committee on Education and the Workforce, hearing on the misdemeanor conviction do not apply to government en- Administration’s Education Initiatives, 9 a.m., 2175 Ray- tities, 9:30 a.m., 2141 Rayburn. burn; and to mark up the following measures: H.R. 1, Committee on National Security, hearings on Fiscal Year Working Families Flexibility Act; and H.R. 914, to 1998 Department of Defense authorization request, 9:30 make certain technical corrections in the Higher Edu- a.m., 2118 Rayburn. cation Act of 1965 relating to graduation data disclo- sures, 2 p.m., 2175 Rayburn. Subcommittee on Military Procurement and Sub- Committee on Government Reform and Oversight, Sub- committee on Military Research and Development, joint committee on National Security, International Affairs, hearing on tactical fighter craft modernization, 2 p.m., and Criminal Justice and the Subcommittee on Immigra- 2118 Rayburn. tion and Claims of the Committee on the Judiciary, joint Committee on Resources, to markup the following meas- Subcommittee hearing on Improper Granting of U.S. ures: H.J. Res. 32, to consent to certain amendments en- Citizenship to Individuals with Criminal Records, 10 acted by the Legislature of the State of Hawaii to the Ha- a.m., 2154 Rayburn. waiian Homes Commission Act, 1920; H.R. 63, to des- House Oversight, to consider Committee funding re- ignate the reservoir created by Trinity Dam in the quests, 2 p.m., 1310 Longworth. Central Valley project, CA, as Trinity Lake; H.R. 412, to Committee on International Relations, Subcommittee on approve a settlement agreement between the Bureau of Asia and the Pacific, to markup the following measures: Reclamation and the Oroville-Tonasket Lake; H.R. 437, H. Con. Res. 16, concerning the urgent need to improve to reauthorize the National Sea Grant College Program the living standards of those South Asians living in the Act; and H.R. 709, to reauthorize and amend the Na- Ganges and the Bahmaputra River Basin; H. Res. 68, tional Geologic Mapping Act of 1992, 11 a.m., 1324 stating the sense of the House of Representatives that the Longworth. March 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D177

Subcommittee on Forests and Forest Health, hearing ment, hearing on the GSA fiscal year Program and Rent on Quincy Library Group Forest Recovery and Economic Shortfall, 9 a.m., 2253 Rayburn. Stability Act of 1997, 2 p.m., 1334 Longworth. Subcommittee on Water Resources and Environment, Committee on Science, Subcommittee on Basic Research, hearing on Superfund Reauthorization: Lessons from the hearing on NSF fiscal year authorization, 1 p.m., 2325 State, 10 a.m., 2167 Rayburn. Rayburn. Subcommittee on Technology, hearing on Bio- Committee on Ways and Means, hearing on the Education technology and the Ethics of Cloning: How Far Should and Training Tax Provisions of the Administration’s Fis- We Go? 2 p.m., 2318 Rayburn. cal Year 1998 Budget Proposal, 9:30 a.m., 1100 Long- Committee on Standards of Official Conduct, Task Force on worth. Ethics Reform, executive, to continue hearings on the Permanent Select Committee on Intelligence, executive, to Ethics Process in the House, 10 a.m., H–144 Capitol. consider pending business, and executive, to hold a brief- Committee on Transportation and Infrastructure, Sub- ing on Unconventional SIGINT (Signal Intelligence), 2 committee on Public Buildings and Economic Develop- p.m., H–405 Capitol. D178 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, March 5 11 a.m., Wednesday, March 5

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday, March 5: Consideration of 3 Senators for speeches and the transaction of any routine Suspensions: morning business (not to extend beyond 1 p.m.), Senate 1. H. Con. Res. 17, congratulating the people of Gua- will consider S.J. Res. 5, Trade Act Application Waiver, temala on the success of the recent negotiations to estab- with a vote to occur thereon, following which Senate will lish a peace process for Guatemala; consider the nomination of Charlene Barshefsky, of the 2. H. Con. Res. 18, congratulating the people of Nica- District of Columbia, to be U.S. Trade Representative, ragua on the success of their democratic elections; and with a vote to occur thereon. 3. S. Con. Res. 4, commending and thanking the Hon- orable Warren Christopher for his exemplary service as Secretary of State. Vote on H. Con. Res. 31, expressing the sense of Con- gress regarding the display of the Ten Commandments.

Extensions of Remarks, as inserted in this issue

HOUSE Kanjorski, Paul E., Pa., E366 Morella, Constance A., Md., E365, E370 Kennedy, Patrick J., R.I., E365 Norton, Eleanor Holmes, D.C., E368 Crane, Philip M., Ill., E369 McKeon, Howard P. ‘‘Buck’’, Calif., E365 Paxon, Bill, N.Y., E373 Crapo, Michael D., Idaho, E367 Markey, Edward J., Mass., E368 Porter, John Edward, Ill., E369 DeFazio, Peter A., Ore., E365 Matsui, Robert T., Calif., E367 Visclosky, Peter J., Ind., E366 Frank, Barney, Mass., E370 Miller, George, Calif., E366 Waxman, Henry A., Calif., E368 Gilman, Benjamin A., N.Y., E370 Molinari, Susan, N.Y., E373

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