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, WEDNESDAY, FEBRUARY 12, 1997 No. 18 House of Representatives The House met at 10 a.m. WELCOMING REV. RICHARD for 1 minute and to revise and extend The prayer was offered by the guest ANDERSON his remarks.) chaplain, Rev. Richard Anderson, First (Mr. HASTERT asked and was given Mr. TRAFICANT. Mr. Speaker, head- Presbyterian Church, Aurora, IL: permission to address the House for 1 lines said: Bailout a success, Mexico re- Let us pray. O mighty God, the minute.) pays Uncle Sam. source of all goodness, please bless Mr. HASTERT. Mr. Speaker, I rise to Yellow brick road time. Do not bet those who are in positions of power and welcome to this House and to introduce your pesos on it. Reports now say that authority in this country. Bless the our guest chaplain for today, Pastor all of the money used to repay the loan President and his family, all members Dick Anderson of the First Pres- was borrowed at interest rates so high of his Cabinet and all legislators in byterian Church in Aurora, IL. He is a they would make John Gotti blush. Congress. Enrich them with Your grace spiritual leader of one of the largest Folks, I say there is a big con game and fill them with Your spirit, that congregations in my 14th District of Il- going on here. Mexico is in a shambles, they may be governed with wisdom and linois. I thank him for his message as and what is worse, the cancer from godliness by these Your servants. we open this session. Mexico is spreading to Uncle Sam. And watch over those who help form First Presbyterian has taken an ac- Eighty percent of all narcotics are now public opinion, the press and the broad- tive role in the life of the community, coming across the border, and there are casting services; that we may be en- and it is home for outreach ministries two giant sucking sounds here, folks: abled to exercise our rights as citizens which include programs for at-risk No. 1, American jobs going to Mexico; in a manner which is responsible and in teenagers and other young people. and, No. 2, Mexican cocaine going up accordance with Your will. It is also fitting that Pastor Ander- American noses. As the Ruler of all nations, may we son is here today on the 12th of Feb- Beam me up. If this is a success, then represent You well as Your instru- ruary as we mark the birthday of one General Custer at Little Big Horn’s ments of peace and justice to the of our greatest Presidents, Abraham victory must have been called a vic- world. tory. In the words of Abraham Lincoln, ‘‘In Lincoln. A noted student of Lincoln’s speeches and writings, Pastor Anderson Let us stop the propaganda. Let us helping our neighbor to wholeness and get a trade policy with Mexico. Be- freedom, we assure wholeness and free- has masterfully portrayed our 16th President on literally hundreds of occa- cause the truth is, it simply sucks. dom for ourselves. So shall we nobly f save or meanly lose the last best hope sions throughout the State of Illinois of Earth.’’ So help us God. Amen. and this Nation, including the reenact- TAX RELIEF ment last year of the great Lincoln- f Douglas debates in Illinois. (Mr. CHABOT asked and was given THE JOURNAL As recently as yesterday he rep- permission to address the House for 1 minute.) The SPEAKER. The Chair has exam- resented and portrayed Lincoln here in Washington, DC, on the celebration Mr. CHABOT. Mr. Speaker, it has be- ined the Journal of the last day’s pro- come popular to say that there are no ceedings and announces to the House today of Lincoln’s birthday. Mr. Speaker, I would ask you and my significant philosophical differences in his approval thereof. this town anymore. I do not buy it. Pursuant to clause 1, rule I, the Jour- colleagues to join me in welcoming my Take, for one small example, an ex- nal stands approved. friend, Pastor Dick Anderson, to our change that took place here in Wash- f House of Representatives. f ington just yesterday. One of our dis- PLEDGE OF ALLEGIANCE tinguished colleagues, the gentleman ANNOUNCEMENT BY THE SPEAKER The SPEAKER. Will the gentleman from Arizona [Mr. HAYWORTH], asked PRO TEMPORE from Ohio (Mr. TRAFICANT) come for- President Clinton’s Treasury Secretary ward and lead the House in the Pledge The SPEAKER pro tempore (Mr. a very good question yesterday: Why of Allegiance. LAHOOD). The Chair will entertain 10 does the President propose to cut off Mr. TRAFICANT led the Pledge of one-minutes on each side. the $500 per child tax credit for any Allegiance as follows: f parent whose child reaches the age of 13? Why is it somehow less expensive I pledge allegiance to the Flag of the MEXICAN REPAYMENT OF LOANS United States of America, and to the Repub- for a working mom to care for a 12- lic for which it stands, one nation under God, (Mr. TRAFICANT asked and was year-old than it is to care for a 13-year- indivisible, with liberty and justice for all. given permission to address the House old? Well, said the Treasury Secretary,

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.

H455 H456 CONGRESSIONAL RECORD — HOUSE February 12, 1997 the Government has to be careful how who are well respected and who are ranking member on the permanent it, quote, spends its scarce resources. committed to doing what is right and Ethics Committee. Now, that is where I have a major what is in the best interests of the in- So we will be joining with the major- difference with the administration. stitution. ity leader in the unanimous consent re- When a parent is able to keep some of While we have many Members who quest for their appointment and for the the money that he or she works very meet this criteria, I believe I have understanding that there will not be a hard to earn, that is not an example of found six who will work well with filing of ethics complaints for this, I the Government spending money. It is Members, to be appointed by Mr. GEP- believe to be, 65-day period in which not our money, to begin with, here in HARDT. this group should be doing its work. Washington. It belongs to the people Members are the gentleman from I thank the gentleman and Members who earn it. We ought to cut taxes, and Louisiana [Mr. LIVINGSTON], who I have on his side for working with us on this let us begin to do it now. asked to be one of the cochairs, the process. I think it is an important step f gentleman from Florida [Mr. GOSS], forward in working together to im- the gentleman from Delaware [Mr. prove the ethics process for the body. I CREATION OF BIPARTISAN TASK CASTLE], the gentleman from Califor- look forward to receiving recommenda- FORCE TO REVIEW ETHICS PROC- nia [Mr. THOMAS], the gentleman from tions from this group. ESS New York [Mr. SOLOMON] and the gen- Mr. ARMEY. Mr. Speaker, I thank (Mr. ARMEY asked and was given tleman from Utah [Mr. HANSEN], who the gentleman. permission to address the House for 1 as chairman of the Ethics Committee I should also advise Members of the minute.) will serve as an ex officio member of body that, during this interim period, Mr. ARMEY. Mr. Speaker, before I the task force. the regular work of the Ethics Com- begin, I would like to thank my col- Minority Leader GEPHARDT and I mittee under the leadership of the gen- leagues that are waiting for their 1- have also agreed on a moratorium on tleman from Utah [Mr. HANSEN] and minutes for their willingness to let me the filing of new ethics complaints the gentleman from California [Mr. intercede at this time. I appreciate until April 11. This 2-month cooling-off BERMAN] will continue to advise Mem- their grace and patience. period will give the task force members bers with respect to requests they Mr. Speaker, over the past few an opportunity to meet, review and dis- might make about the appropriateness months the gentleman from Missouri cuss how the ethics process can be im- of courses of action they may take. [Mr. GEPHARDT], the minority leader, proved and in a climate free from spe- That advisory function, I know, is and I have been talking about the need cific questions of ethical propriety. being carried out well because I just for a comprehensive review of the eth- The task force is free to look into got some advice back from the com- ics process. We have had several good any and all aspects of the ethics proc- mittee myself yesterday on a trip that discussions culminating in our joint ess. Some of the questions I think the I am looking at. So let me just say appearance before the House today to task force will want to address include: that I believe this accommodation en- announce the creation of a bipartisan Who can file a complaint and upon ables every Member to feel they have a task force to conduct a review of the what basis of information, what should place to make their inquiries. They can ethics process and to report to the bi- be the standards for initiating an in- get a quick, accurate, reliable response partisan leadership on how the process vestigation, what evidentiary standard and at the same time this committee might be improved. should apply throughout the process, can work. Again, I want to thank the For this review to be successful, I how has the bifurcation process minority leader for his congenial ef- think we need three key elements: worked, does it take too long to con- forts to work this out with me. First, the process must be truly bi- duct a review, should non-House Mem- partisan. Like the Ethics Committee, bers play a part in a reformed ethics f it should be composed of an equal num- process, should we enlarge the pool of ESTABLISHING BIPARTISAN TASK ber of Republicans and Democrats. Members who might participate in dif- Furthermore, and as the majority lead- FORCE ON REFORM OF ETHICS ferent phases of the process? PROCESS er you will not find me saying this too Mr. Speaker, I want to thank the often, I think this task force should be gentleman from Missouri for working Mr. ARMEY. Mr. Speaker, in further- cochaired by a Member from each side with me to create this important task ance of this understanding concerning of the aisle. force. the establishment of a bipartisan task Second, we must have dedicated I yield to the gentleman from Mis- force on reform of the ethics process, I Members who will do what is right for souri [Mr. GEPHARDT]. ask unanimous consent that during the all Members and, more importantly, Mr. GEPHARDT. Mr. Speaker, I period beginning immediately and end- for the institution of the House of Rep- thank the gentleman for yielding to ing on April 11, 1997: resentatives. me. First, the Committee on Standards of Third, after the past few tumultuous I would agree that we believe on the Official Conduct may not receive, months, I think we must have a brief Democratic side, I think, with our renew, initiate or investigate a com- cooling-off period where Members can friends on the Republican side that plaint against the official conduct of a sit back and examine where the ethics there needs to be a complete review of Member, officer or employee of the process works, where it does not and the ethics process with a view toward House; how it might be improved, and in a cli- recommending changes to the whole Second, the Committee on Standards mate temporarily free from potential body, that the body might considerate of Official Conduct may issue advisory ethics charges. at some point in the future. opinions and perform other noninves- After a great deal of discussion, I am We also agree that there should be tigative functions; and pleased to announce that the distin- six Members, one ex officio and five Third, a resolution addressing the of- guished minority leader and I come to other Members. In that connection, I ficial conduct of a Member, officer or the floor today to announce the cre- today am appointing the gentleman employee of the House that is proposed ation of a 12-member bipartisan task from Maryland [Mr. CARDIN] to be our to be offered from the floor by a Mem- force cochaired by a Republican and a cochair, the gentleman from Texas ber other than the majority leader or Democrat. [Mr. FROST], the gentleman from Mas- the minority leader as a question of Ethical review of our peers, and the sachusetts [Mr. MOAKLEY], the gentle- the privileges of the House shall, once process by which we conduct that re- woman from California [Ms. PELOSI] noticed pursuant to clause 2(a)(1) of view, is a constitutional responsibility. and the gentleman from Ohio [Mr. rule IX, have precedence of all other It is an important job that few Mem- STOKES] to be part of this bipartisan questions except motions to adjourn bers are excited about performing. I task force. only at a time or place designated by have given a great deal of thought to We are also asking the gentleman the Chair and the legislative schedule whom the Republican side of the aisle from California [Mr. BERMAN] to be ex- within 2 legislative days after April 11, should ask to do this. I want Members officio, as he will be our recommended 1997. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H457 The SPEAKER pro tempore. Is there unauditable. What responsible Amer- ployer of 94 people in Lancaster, PA, objection to the request of the gen- ican would put a billion dollars into a stands to lose her life’s work with this tleman from Texas? company whose books were tax. Her children, just because of this There was no objection. unauditable? tax, stand to lose it all. f This is not about tax cuts. It is about Mr. Speaker, this is outrageous. With arrogance, the arrogance of the Presi- 65 cents of this tax going to enforce- PELL GRANTS dent and his advisors suggesting that a ment and compliance, what sense is (Mr. MCGOVERN asked and was dollar spent by Washington bureau- there in inflicting such stress on Amer- given permission to address the House crats is better spent than a dollar icans who work hard to build their for 1 minute.) spent by parents, families, across children’s future? This tax threatens Mr. MCGOVERN. Mr. Speaker, in his America. that simple dream. I urge my col- State of the Union address last week, f leagues to repeal this unfair tax. the President of the United States dis- f cussed his plan to make college more NO TIME TO WASTE affordable and more accessible to (Mr. PALLONE asked and was given WHERE IS THE APPLE FOR OUR working families by increasing funding permission to address the House for 1 TEACHERS? for Pell grants. minute and to revise and extend his re- (Ms. JACKSON-LEE of Texas asked Pell grants serve as the very founda- marks.) and was given permission to address tion of student aid for low- and middle- Mr. PALLONE. Mr. Speaker, while the House for 1 minute and to revise income families. The President’s pro- Democrats and the President have de- and extend her remarks.) posal would raise the maximum Pell veloped sweeping plans to strengthen Ms. JACKSON-LEE of Texas. Mr. grant award to $3,000 and would raise our education system and provide Speaker, today I am meeting with rep- the total number of Pell grant recipi- health care for the 10 million children resentatives from the education com- ents to over 4 million. in this country who currently have no munity from the State of Texas. I want Mr. Speaker, I promised the people of coverage, the Republicans have offered to give them hope and, most impor- Massachusetts that the first bill that I no specifics in return. Instead of imme- tantly, I want to answer the question, introduced in this House would make diately turning Congress’ focus to pro- where is the apple for our teachers? college more affordable for working grams that make a real difference in Interestingly enough, as the biparti- families. This month I intend to keep people’s lives, like tax breaks to help san team met with the President last that promise. pay for college, the repair of decaying evening, education was high on the pri- elementary schools and insurance for ority, but yet today we will spend 9 b 1015 uninsured infants, today instead the hours or so talking about term limits, I will be introducing a bill that ex- GOP has scheduled a vote on term lim- when the American people can elect or pands the President’s proposal and ex- its. unelect their elected officials every 2 pands the maximum Pell grant award If history is any indication, Mr. years. to $5,000, bringing the award to the Speaker, time will show the GOP’s in- Two years ago the Republicans were level at which it was created, adjusted terest in term limits today is nothing talking about slashing title I programs for inflation. More students will be eli- more than a delay tactic. Term limits by $4.9 billion. If education is so impor- gible for larger awards, giving more will do nothing for schools badly in tant, let us get about the business of families the chance to send their kids need of repair. Term limits will not doing what we are supposed to do. Let to college and to realize the American teach a child to read or ensure our chil- us ensure that we have the right num- dream. dren receive medical attention when ber of Pell grants for our college stu- I thank the President of the United they fall sick. dents, and our college student direct States for his leadership on this issue, I think we have a lot more important loan program. Let us really talk about and I ask my colleagues to join me in things to consider and we do not have education so that something happens. making education more affordable and time to waste. The sooner the Repub- Let us not just fool around with po- in making our children’s future even lican leadership learns this, the sooner litical gimmickry and term limits more bright. we can provide quality education and when we all know the American people f health care to our children instead of will elect us or unelect us every 2 spending the time today on term lim- years. I am ready to roll up my sleeves MYTH: WASHINGTON BUREAU- its. and make education my priority and CRATS KNOW BEST HOW TO make this Nation the very best it can SPEND AMERICA’S MONEY f be for the rest of this 21st century. FEDERAL ESTATE TAX SHOULD (Mr. HOEKSTRA asked and was f given permission to address the House BE REPEALED for 1 minute and to revise and extend (Mr. PITTS asked and was given per- SUPPORT A BALANCED BUDGET his remarks.) mission to address the House for 1 AMENDMENT Mr. HOEKSTRA. Mr. Speaker, I was minute and to revise and extend his re- (Mr. TIAHRT asked and was given amazed again yesterday when I read marks.) permission to address the House for 1 Secretary Rubin’s statement in Con- Mr. PITTS. Mr. Speaker, I stand be- minute and to revise and extend his re- gress Daily, implying that tax cuts fore you today to speak about my first marks.) would unduly harm our economy. bill and to implore my colleagues to re- Mr. TIAHRT. Mr. Speaker, it happens Think about it: What Secretary peal the Federal estate tax. This tax in every household, in every business, Rubin really thinks is that Washington hits millions of families and small both large and small, in every school bureaucrats know better how to spend farm and business owners. system, in every city council, in every the American people’s money than the This unfair tax for too long has been county government, in every checking American people themselves. It takes a burdening people of this country at one account across the Nation, everywhere lot of nerve to suggest to the American of the most difficult times in their but here in the Federal Government. people, who have to balance their own lives, at the time of the death of a This Government has not balanced its budgets, pay their own bills on time, loved one. It forces them to sell assets budget since Neil Armstrong walked on that the Federal Government, which just inherited by them so they can pay the moon. It should be easier to bal- does not do these things, will make unreasonable sums to the Federal cof- ance the Federal budget than to get better decisions about managing fers. someone to the moon. money than they will. Mr. Speaker, numerous people across When we borrow money for all these It takes a lot of nerve, especially the country stand to lose family farms lofty enterprises for the Federal Gov- since this President is proposing an ad- and businesses that they have worked ernment, for each dollar that we bor- ditional $1 billion in spending for a bu- their entire lives to build. Faye Givler, row it takes at least $3 just to cover reaucracy whose financial books are owner of Steckel Printing and em- the interest to pay it back. So let us H458 CONGRESSIONAL RECORD — HOUSE February 12, 1997 vote for a balanced budget amendment. on children. On education, yes, but also the House for 1 minute and to revise I urge my colleagues to vote for it, to their safety; that they are not intruded and extend her remarks.) put in place the necessary discipline so on, that they are not the victims of a Mrs. JOHNSON of Connecticut. Mr. that we can secure an economic future nasty crime of sexual abuse, and that Speaker, our senior citizens have for our children, not one at their ex- we look out for the young people of our worked their entire lives to protect the pense. communities to make certain that savings that can assure them a safe f they will grow to be productive leaders and secure retirement. Social Security in the future. is one of the two pillars of retirement HIGH SCHOOL IS TOO EASY f security for our seniors. (Ms. DELAURO asked and was given TERM LIMITS DEPRIVE PEOPLE We owe it to them to protect the ben- permission to address the House for 1 OF CHOICE BETWEEN CITIZEN efits that they planned for and depend minute and to revise and extend her re- LEGISLATORS AND PUBLIC upon. That is why I have introduced marks.) SERVANTS legislation to repeal the tax increase Ms. DELAURO. Mr. Speaker, a head- on Social Security that was adopted in line in yesterday’s Washington Post (Mrs. MCCARTHY of New York asked 1993. provided a sad commentary on the and was given permission to address Our seniors helped make America the the House for 1 minute and to revise state of our educational system. The greatest country in the world. The Fed- and extend her remarks.) headline read: ‘‘Teens Tell Researchers eral Government should not jeopardize Mrs. MCCARTHY of New York. Mr. High School Is Too Easy.’’ their quality of life by punishing them The article revealed the findings of a Speaker, today the House of Represent- atives will vote on term limit legisla- with high taxes on their Social Secu- recent study by the nonprofit group rity benefits. Repealing this increase is Public Agenda, and it was entitled, and tion. I have always believed in citizen legislators who work hard for the peo- a matter of fairness and will help sen- I quote, ‘‘Getting By.’’ The survey of ple, who accomplish things to make ior citizens, especially those with mod- 1,300 high school students found that their communities a better place to erate incomes keep more of their own most students think their classes are live and then step aside after a few money in their own pockets. not challenging enough, often lack ex- terms to let others into office to I urge my colleagues to join me as emplary teachers, and are filled with achieve new goals. It is what I have be- cosponsors of this critical legislation too many disruptive students. lieved in and the kind of representative for our senior constituents. We all know there are no easy an- I am. f swers to the ills that plague our Na- At the same time, I also believe in tion’s schools, but here are some obvi- devoted public servants, citizens who CONGRESSIONAL TERM LIMITS ous first steps that we can take to ad- dedicate their lives to learning the AMENDMENT dress the feelings expressed by students laws and doing good things for others. Mr. SOLOMON. Mr. Speaker, by di- in the survey: getting back to basics, I believe Congress needs people like rection of the Committee on Rules, I setting rigorous standards for students Senator Bob Dole and PATRICK MOY- call up House Resolution 47 and ask for and teachers, and returning discipline NIHAN, people who spend their lives its immediate consideration. to the classroom. working to improve our lives. The Clerk read the resolution as fol- These may sound like old-fashioned Term limits will deprive people of lows: techniques but, according to this sur- their choice between citizen legislators H. RES. 47 vey, a new generation of students and public servants, and we do not need Providing for consideration of the joint would welcome these old ideas. that. Term limits come from the voters resolution (H.J. Res. 2) proposing an amend- What we ought to be doing, instead of at the election booth and from the leg- ment to the Constitution of the United spending 9 hours in debating term lim- islators themselves, not from the Con- States with respect to the number of terms its today, is I call on the Republican gress. of office of Members of the Senate and the leadership to please let us get to what f House of Representatives. the people want to talk about, and that Resolved, That at any time after the adop- TERM LIMITS WILL ASSURE A is education, the affordability of it, the tion of this resolution the Speaker may, pur- SYSTEM BASED ON THE CON- standards that exist in our classrooms. suant to clause 1(b) of rule XXIII, declare the CEPT OF A CITIZEN LEGISLA- House resolved into the Committee of the Let us put the Nation’s business first TURE Whole House on the state of the Union for before politics. consideration of the joint resolution (H.J. f (Mr. METCALF asked and was given Res. 2) proposing an amendment to the Con- permission to address the House for 1 stitution of the United States with respect CONGRESS MUST WORK SERI- minute and to revise and extend his re- to the number of terms of office of Members OUSLY ON THE ISSUE OF CHILD marks.) of the Senate and the House of Representa- ABUSE Mr. METCALF. Mr. Speaker, I tives. The first reading of the joint resolu- (Mr. FOLEY asked and was given per- launched the struggle for term limits tion shall be dispensed with. General debate mission to address the House for 1 in the Washington State Senate more shall be confined to the joint resolution and minute and to revise and extend his re- than a quarter century ago. It was shall not exceed two hours equally divided clear then and it is even more clear and controlled by the chairman and ranking marks.) minority member of the Committee on the Mr. FOLEY. Mr. Speaker, I welcome today that long-term service con- centrates power into the hands of a few Judiciary. After general debate the joint res- to the Chamber many people from the olution shall be considered for amendment safety patrols from around our Na- power brokers and thus reduces effec- under the five-minute rule. The joint resolu- tion’s Capital. tive representation by the citizen legis- tion shall be considered as read. No amend- I urge our colleagues to work seri- lator as visualized by our founders. ment shall be in order except those specified Our system is based on the concept of ously on the issue of child abuse. Not a in the report of the Committee on Rules ac- a citizen legislature. People should day goes by we are not reading another companying this resolution. Each amend- serve a limited time in a legislative ment may be offered only in the order speci- detail of the sad, tragic ending of body and then return to live under the fied in the report, may be offered only by a JonBenet’s life, JonBenet Ramsey’s laws that they have passed. Member designated in the report, may be life in Colorado, and daily we read in My State has passed term limits and considered notwithstanding the adoption of a our newspapers about the violence that I will abide with our three-term limit previous amendment in the nature of a sub- affects our children: sexual violence, whether it is upheld by the court or stitute, shall be considered as read, shall be physical violence, a lack of a decent not. debatable for the time specified in the report of the Committee on Rules equally divided home. f If there is a plague on America, it is and controlled by the proponent and an op- ponent, and shall not be subject to amend- our treatment of our children and our REPEAL THE 1993 SOCIAL SECURITY TAX ON SENIORS ment. If more than one amendment is adopt- lack of response for our children. So I ed, then only the one receiving the greater urge my colleagues today, as we build (Mrs. JOHNSON of Connecticut asked number of affirmative votes shall be consid- this bipartisan Congress, that we focus and was given permission to address ered as finally adopted. In the case of a tie February 12, 1997 CONGRESSIONAL RECORD — HOUSE H459 for the greater number of affirmative votes, So that takes 50 or 60 Members away In order to expedite the voting proc- then only the last amendment to receive from perhaps the final vote on this ess, the rule allows the chairman of the that number of affirmative votes shall be issue. Committee of the Whole to cluster considered as finally adopted. The Chairman Last Tuesday I sent out a ‘‘Dear Col- votes and to reduce the voting time to of the Committee of the Whole may: (1) post- league’’ letter, and I announced on the pone until a time during further consider- 5 minutes on the second and subse- ation in the Committee of the Whole a re- floor that any Member wishing to offer quent votes in any particular series. In quest for a recorded vote on any amendment; an alternative version of the term lim- order to ensure that the minority has and (2) reduce to five minutes the minimum its constitutional amendment should one last chance to offer its final alter- time for electronic voting on any postponed submit that proposal to the Committee native, there is a motion to recommit question that follows another electronic vote on Rules by noon on Monday. In re- with instructions. As in the case of all without intervening business, provided that sponse, a total of twenty substitutes constitutional amendments, a two- the minimum time for electronic voting on were submitted; seven of these were thirds vote is required for passage. the first in any series of questions shall be the exact versions required by the bal- Mr. Speaker, I am a supporter of fifteen minutes. At the conclusion of consid- lot initiatives in those particular term limits. Numerous polls have eration of the joint resolution for amend- ment the Committee shall rise and report States. shown that term limits are supported the joint resolution to the House with such In order to meet the requirements of by the vast majority of the American amendment as may have been finally adopt- the ballot initiatives in the seven people, and that is why you see these ed. The previous question shall be considered States which requested Committee on initiatives taking place all over the as ordered on the joint resolution and any Rules action, all seven of those ver- country in the various States. In many amendment thereto to final passage without sions required to comply with State areas we have term limits now. intervening motion except one motion to re- ballot initiatives were made in order. As chairman of the House Committee commit with or without instructions. They are made in order under this rule, on Rules, I am already subject to a b 1030 each with 10 minutes of debate, keep- three-term limit as chairman under the The SPEAKER pro tempore. (Mr. ing in mind that there are 2 hours of rules of the Republican Conference, and general debate on this entire issue be- that is as it should be. The House rules LAHOOD). The gentleman from New fore we get into the amendment proc- provide that the Speaker is subject to York [Mr. SOLOMON] is recognized for 1 ess. hour. a four-term limit. Many Governors are Next, since the seven State initiative Mr. SOLOMON. Mr. Speaker, for the limited in the number of terms they versions all provide three terms for purpose of debate only, I yield the cus- can serve. Some are only allowed to House Members and two terms for Sen- tomary 30 minutes to the gentleman serve one term. The President of the ators, two additional amendments were United States is subject to a two-term from Massachusetts [Mr. MOAKLEY], made in order, one by a Democrat and pending which I yield myself such time limit, 8 years. one by a Republican to provide other It is possible to function under a sys- as I may consume. During consider- significant alternatives to this House. tem of term limits, and that is why we ation of this resolution, all time yield- Finally, the Dingell substitute, have this matter before us today. While ed is for the purpose of debate only. which was offered in the last Congress Mr. Speaker, this is the first rule of there are some of us who are just as as the Democratic substitute, is made careful with a nickel as the day we the 105th Congress. It is not an ideal in order as well. were first elected, I have to say there rule, but it is about the best that is If one of these alternatives receives a are some that in a desire to be re- possible given the current cir- majority vote, it would replace the elected end up saying, and this is im- cumstances. base text and mean that there never portant, saying ‘‘yes’’ to everybody and The Committee on Rules was faced would be a vote on the base text unless with a situation where there are nine ‘‘no’’ to no one, and consequently this the base text is included as a sub- is how we got ourselves in this fiscal States which have passed ballot initia- stitute. Now, that gets a little confus- mess that we are in today. tives requiring Members from those ing, but, therefore, what we have done Philosophically, I do not even sup- States to support a particular version to give everybody, all 11 amendments, port this term limitation. I think the of the term limits constitutional a fair shot, we have made the McCol- term limitation ought to come from amendment specified in the ballot ini- lum base text as a separate amend- the voters, but how do you change tiative, or else they would have to have ment. That will be the last vote taken something when voters say, my Con- a special designation next to their up on the floor of all these 11 amend- gressman, BARNEY FRANK, is great but names on the ballot the next time they ments. all the others are lousy. run at the next election which would The rule provides again for 2 hours of Mr. FRANK of Massachusetts. Mr. read ‘‘disregarded voter instructions on general debate and 10-minute time lim- Speaker, if the gentleman will yield, I term limits.’’ its on all the substitutes except for the do not see anything that needs to be Mr. Speaker, while the constitu- Democrat alternative and the Repub- changed in that statement. tionality of these ballot initiatives lican alternative, the Dingell and Mr. SOLOMON. So to be fair, I think have not yet been settled in the Su- McCollum resolutions, and they each the only way we could ever deal with preme Court, out of fairness to those have 30 minutes. The amendments will this thing is to have term limits, and Members from those States we have to be considered under a procedure known that is why I am supporting it here proceed with the requirements as they as the most votes win. today. The House should vote yes on stand today. The nine States are Alas- As Members know, under previous this rule and yes on the term limits ka, Arkansas, Colorado, Idaho, Maine, Congresses before the Republican ma- constitutional amendment that finally Missouri, Nebraska, Nevada, and South jority took over 2 years ago, we had survives this winner-take-all provision. Dakota, although I am told that Ne- often used a formula of king-of-the- Having said all that, Mr. Speaker, I vada will have to pass the initiative a hill, which I thought was grossly un- reserve the balance of my time. second time before it is final. fair. That meant that one amendment Mr. MOAKLEY. Mr. Speaker, I thank While the constitutional amendment might receive 270 votes, yet the last my colleague, my dear friend from New proposed in the State ballot initiatives one taken up would receive 50 votes York [Mr. SOLOMON], the eternal Ma- all call for a limit of three terms in the less but still gain the majority in the rine, for yielding me the customary House and two terms in the Senate, House and it would win. I think that half-hour, and I yield myself such time none of the versions are identical, and was grossly unfair. The House would as I may consume. that poses a very, very serious problem not really be able to work its will Mr. Speaker, I oppose the rule be- about finally getting a vote on this under that procedure. So we do not use cause I believe that the American vot- issue. that procedure anymore. So under ers, and nobody else, should decide who As a result, there may be, for in- most votes wins, this means the alter- represents them. For anyone who stance, Members from some of those native receiving the largest majority thinks that we do not have term lim- nine States who can only vote for the in the Committee of the Whole will be its, I would remind everybody that specific version specified in their the version reported back to the House every 2 years, the entire House of Rep- State’s ballot initiative and no others. for the final vote. resentatives is up for reelection. Every H460 CONGRESSIONAL RECORD — HOUSE February 12, 1997 2 years the American people can decide Concerns about the openness of the would call true deliberative democ- who they want in and who they want electoral process should not be an- racy. out. swered with arbitrary term limits. I commend the chairman and the Mr. Speaker, 2 years is far shorter If you are concerned with the open- core group of advocates who have than any of the term limit proposals ness of our electoral process, then worked so hard to make sure that we we are going to hear here today. The make it easier for people to run. Level fulfilled our promise to make term lim- shortest term limit proposed here the playing field. Enact campaign fi- its the first substantive legislative today is 6 years. That is 4 years longer nance reform. But do not take away issue to be discussed and voted on in than the term limits built right now the people’s right to choose their own this new Congress. into the ballot boxes. Representatives. Mr. Speaker, 2 years ago this body Proponents of term limits argue that Today, Mr. Speaker, we are going to made a historic vote, as mandated by incumbents always win. They say the vote on 11 term limit proposals. All but the American people, on a constitu- deck is stacked. Mr. Speaker, that is one of these proposals confuses me. I tional amendment for congressional not true. Nobody is immune. In fact, in am confused that so many of my col- term limits. It was inevitable and ap- the last few elections, our Speaker, the leagues are for term limits, of course propriate that we would consider this chairman of Ways and Means, chair- unless the term limit applies to them. issue, given the movement across this men of other standing committees, The only amendment we will hear Nation, the public opinion. chairmen of subcommittees have all today that in my opinion is sincere on Frankly, Congress has fallen way be- been defeated. the issue of term limits is Mr. Dingell’s hind the people in the States on this Mr. Speaker, over the last 10 years, amendment. Mr. DINGELL, despite his issue. By 1995 my own State of Florida 75 percent of the Congress has turned long and distinguished career here in and 22 other States had adopted State- over. Three out of every four Members the House, is offering the only amend- imposed term limits. But in Congress, who were here 10 years ago either lost ment that says we will live by what- despite garnering a majority of votes, or retired, and most of those were rel- ever proposal passes the House today. term limits failed to achieve the con- atively new Members themselves. In His amendment would make term lim- stitutionally required two-thirds or 290 other words, Mr. Speaker, most of the its apply immediately, not 6 or 20 years votes in the 104th Congress. people serving here have never had the down the road. Now, even though it failed, we made pleasure of serving under my colleague That is more than I can say for the history in that vote in the 104th Con- from New York’s favorite President, other amendments. Every single one of gress by having the vote, and we Ronald Reagan. these 10 amendments say, ‘‘Do what I pledged to bring it back to this Con- According to the National Journal, say, not what I do.’’ I for one, Mr. gress; so here we are. this Congress will have a higher per- Speaker, do not believe you should The constitutional amendment be- centage of Members serving 3 terms or vote for anything that you are not fore us sets a national standard for a fewer than any other Congress since willing to live by yourself. 12-year term limit on Members of Con- 1952. More than 54 percent of the Mem- gress, one that supersedes the State- b 1045 bers of this Congress have been elected by-State approach. As we all know, the in the last 5 years. The reason for this I believe that Members who file term Supreme Court has ruled that State- big turnover, Mr. Speaker, is quite sim- limits legislation should not wait for imposed term limits on Congress are ple. We live in a representative democ- the decades it will take to go through unconstitutional, leaving a constitu- racy. Every 2 years, the people decide the process, but they should apply the tional amendment as the only route to who should represent them and who terms that they advocate to them- address the term limits issue. should not. selves and show the voters that they Many of us here today favor term No one can tell the American people really mean what they say. limits as a matter of principle, and we who they should vote for, and no one If term limits are good enough for worry less about whether it is a 6-, 8-, can tell the American people who they the people who will come after us in or 12-year restriction and about re- should not vote for, no matter how the House, then they should be good sponding to the will of the people, the long their Representatives have been enough for us. I urge my colleagues to people we work for, the American tax- here or how well they have served. To defeat the rule. The American people payers. quote my dear friend Henry Hyde, the and nobody else should decide who rep- In my own State of Florida, we Republican chairman of the Judiciary resents them. adopted eight is enough in 1992, and I Committee, ‘‘We need to trust the peo- Mr. Speaker, I reserve the balance of look forward to supporting that ap- ple.’’ my time. proach on the floor today. Mr. Speaker, even if some of my col- Mr. SOLOMON. Mr. Speaker, did I Of course there are clearly some leagues do not trust the people, term hear the gentleman say defeat the among us who are opposed to any term limits is not the way to do it. Congres- rule? limits as a matter of principle. As they sional term limits strengthen our al- Mr. Speaker, I yield 4 minutes to the respect my view for the principle it ready powerful Presidency, which will gentleman from Sanibel, FL [Mr. represents, I also respect theirs. That upset the constitutional balance of GOSS], the distinguished chairman of is why we have votes. powers. Term limits will result in a the Subcommittee on Legislative and Unfortunately though there are those Congress with less expertise, which is Budget Process of the Committee on who do not see the compromise on this dangerously reliant on special interest Rules. issue and who have perhaps unwit- lobbyists for directions, and term lim- (Mr. GOSS asked and was given per- tingly complicated today’s debate. As a its could force Members to be con- mission to revise and extend his re- result of State ballot initiatives, we cerned more with their next job than marks.) now have a handful of Members that with serving well in their current job. Mr. GOSS. Mr. Speaker, I thank the are bound by nine State initiatives re- In Federalist Paper No. 53, Mr. gentleman from Glens Falls, NY [Mr. quiring them to vote only for their own Speaker, James Madison said that ‘‘A SOLOMON], the distinguished chairman State’s version of term limits, all of few of the Members of Congress will of the Committee on Rules, for yield- them 6-year limits, but all worded possess superior talents; will by fre- ing, and I rise in support of this rule. slightly differently or those Members quent reelections be thoroughly mas- This is a special rule for a special issue. will be branded by so-called scarlet let- ters of the public business.’’ It is fair, it is thorough, it provides for ter identification on the ballot. This Mr. Speaker, the Founding Fathers ample debate and consideration of a makes for a very interesting mix of thought about term limits and decided broad array of options on the subject of amendments today. against them. They felt that fair and term limits. As a result of the panoply of votes we frequent elections would do more to en- There is no question that when to- have today, many say we do not have courage a healthy democracy than any- day’s proceedings are done that we the numbers on any one option to pass thing else. Mr. Speaker, they were have had an extensive airing of the a constitutional amendment. Well, right. Term limits are undemocratic. term limits issue on the floor, what we that is certainly a shame if it turns out February 12, 1997 CONGRESSIONAL RECORD — HOUSE H461 to be true since the will of the Amer- The public may not instantly get the When did term limits come up? It ican people is strong on this issue. point of the contradiction and from came up after the explosion of the defi- They want a citizen legislature to do what they are saying. But today public cit in the 1980’s when people felt the the work of the people and then return opinion is an overwhelming force for deficit would go up and up and up and home to live under the laws that that bringing that deficit down. I think that Members could never be defeated. We legislature creates. vindicates the fundamental democratic now have a situation where the deficit I favor term limits, I have always au- principle that one does trust the voters has been coming down, and we have an thored my own term limits proposal, ultimately to express themselves accu- overwhelming commitment to get it to and there is one of the amendments rately, and I think the voters are now zero by the year 2002, that Members today that closely parallels it, and I doing that. That is, they helped resolve here feel is a public expression of will. will vote for all serious term limit op- this contradiction. I think the voters We also have a significant turnover. tions that are on the docket today. If have said to us: Balancing the budget So I hope that we will, when this we fail today, we will keep coming is more important than a lot of other comes before us, vindicate democracy back until we get this done so we issues. That was not what they were and vote down all of these versions of might just as well support this rule and saying in the 1980’s. term limits. get on with the job. So I have to say that I understand Mr. SOLOMON. Mr. Speaker, I yield I urge my colleagues’ support. the motivation, but it ought to be myself such time as I might consume Mr. MOAKLEY. Mr. Speaker, I yield made clear. People who offer term lim- first to say that, as usual, the gen- 6 minutes to the gentleman from Mas- its have at bottom a desire to limit tleman from Massachusetts [Mr. sachusetts [Mr. FRANK], the outstand- popular influence on the deliberations FRANK] was articulate and interesting. ing Congressman that the gentleman of this body. The more Members who Many of the points were cogent and to from New York [Mr. SOLOMON] alluded are ineligible to vote for reelection, the the point except for one. He talks to. less public opinion will be affected. about the American people are in a def- Mr. FRANK of Massachusetts. Mr. By the way, one amendment which icit-reducing mode and therefore the Speaker, I thank the ranking minority was offered in committee; we did not Congress will be too. Therein lies the member. I want to say at the outset reoffer it here, but it was overwhelm- problem, and therein lies the reason that, while I am against term limits, ingly rejected by the advocates of term why I have to support term limits given the complexity of the situation I limits, and it makes a point. One Mem- against my own philosophy. think the Committee on Rules did a ber proposed that the term limit be a Just take a look at the President’s very fair job in structuring this rule. consecutive term limit but not a life- budget. I was so disheartened when Any opposition that was expressed to time ban—at committee, one Member that budget was made public last the rule on our side is philosophical op- offered an amendment to say that this Thursday. Instead of staying on this position to term limits. But we have, I would not be a lifetime ban. It would deficit-reducing mode, a glidepath believe, no complaint about the rule. simply mean that one could not serve a downward, like this, to a balanced The gentleman from New York ac- consecutive period more than 12 years, budget by the year 2002, lo and behold, but one could leave and come back. commodated the reasonable issues that in the first 4 years of the President’s Now that was meant to handle the were raised in the Committee on the projections we are on the down glide, argument that the problem here is se- Judiciary. He accommodated both ma- on the glidepath which reduces the jority and minority Members. The only niority and that one way to break the seniority system was with that term budget—the deficit each year. Lo and thing I would express is the hope that behold, we go up in the first 3 years. this rule will be the model for the next limit. But, overwhelmingly, Repub- lican Members said, ‘‘No, that is not Then we level off, and in the last 2 2 years because it is an inclusive and acceptable. You cannot make an excep- years, after the President is gone, the fairly structured rule, and I appreciate tion to the principle. The principle is 12 budget starts—the deficit starts to go it. back down. I would just note that the gentleman years and you must leave the House of Representatives.’’ We know that is not going to happen from New York [Mr. SOLOMON] quite In other words: ‘‘We don’t want you because it is too tough. If we do not honestly, as he always does, indicated thinking about what the voters might make those cuts, if we do not reduce that part of the motivation; indeed I do in your case 2 and 4 and 6 and 8 those deficits every single year, we are think the bulk of the motivation for years from now,’’ and I think that con- never going to get there. And that is term limits, is a sense that the voters firms that this is fundamentally meant why we have a Congress that just will can be a bad influence on this place. I to be a limitation on democratic influ- not say—they say yes to everything mean, as the gentleman from New ence. It is a limitation on the extent to and no to nothing, and we end up with York said, philosophically he is elected which people will be able to influence these huge deficits which is literally to impose limits on democracy. He is how their Members vote. going to bankrupt this Nation and fu- driven to what he said, and this is a I do not think Members ought to be ture generations including my four very honest and, I think, accurate slavishly following the latest poll. I grandchildren. statement, by the sense that during think Members ought to be willing in Mr. FRANK of Massachusetts. Mr. the 1980’s, when there were differences, many cases to say I know public opin- Speaker, will the gentleman yield? for instance, between conservatives ion disagrees with this particular vote, Mr. SOLOMON. Mr. Speaker, I do not who wanted to increase military spend- but I believe, given the values that I have too much time, but I am going to ing and cut taxes and liberals who was sent here to express, that is a mis- yield to the gentleman. wanted to increase domestic spending, take; and I think the public will ulti- Mr. FRANK of Massachusetts. I will we compromised by doing all of the mately accept this judgment if I make get an extra minute, if I can. above with consequent negative effects the case. Mr. SOLOMON. Mr. Speaker, I yield 1 on the deficit. The easiest way for us to But term limits is a way to say, look, minute to the gentleman from Massa- resolve our difficulties was for each to after a certain period the voters will chusetts. accommodate the other with the con- not pay much attention. People say Mr. FRANK of Massachusetts. Mr. sequent exposure of the deficit. term limits is to increase competitive- Speaker, I ask the gentleman from My colleague correctly points out ness. I believe it would have the oppo- Massachusetts to yield 1 minute to me. that the public influence there was de- site effect. Members who are inter- Mr. MOAKLEY. Mr. Speaker, I yield spite polls that said people did not like ested, citizens interested in running for 1 minute to the gentleman from Massa- the deficit, in fact to urge Members to Congress in the fifth and sixth term of chusetts. vote for things which had the effect of a Member of Congress could say, ‘‘But The SPEAKER pro tempore. The gen- raising the deficit. The popular short- why challenge an incumbent? Why not tleman from Massachusetts [Mr. term vote was often a deficit-enhanc- wait until the seat comes open?’’ FRANK] is recognized for 2 minutes. ing vote. So I think this is a philosophically Mr. FRANK of Massachusetts. Mr. But I would point out that today ev- flawed proposal which is really an ex- Speaker, first I was interested to hear erybody understands that is not true. pression of frustration. my friend say that he was going to H462 CONGRESSIONAL RECORD — HOUSE February 12, 1997 vote on this contrary to his philoso- achieve a higher level of political cour- son is an initiative effort in the States phy. That is a precedent in his case I age knowing that their life’s work is by U.S. Term Limits. U.S. Term Limits would urge him to follow more often. I not here in Washington and that there calls their initiative the informed think that would have a good effect on is life after service here. voter law. They say all they are doing the body. But beyond that he made an b 1100 is informing voters which Members interesting point. His view is that the support term limits and which do not. President, as he sees it now, is less I expect this to be a very interesting It is ironic at best and disingenuous at committed to budget balancing than debate. The mere fact that we are hav- worst that these are called informed Members of Congress. I differ with him ing this debate at all after our first at- voter laws, because voters are anything factually, but let me make a point. tempt in 1995 is testimony to just how but informed as a result of their ef- The President is term limited and we much Congress has changed in recent forts. are not. So the gentleman’s point is years. Under this rule, Members will Let me read you what appeared on that the term limited President is not have a chance to consider all of the the Maine ballot: ‘‘Do you want Maine as committed to balancing the budget major issues involved in this historic to require candidates and elected offi- as the nonterm limited Congress, and I debate, including retroactivity and al- cials to show support for term Congres- do not think that is a great argument lowing States to set lower limits. sional limits or have their refusal from his standpoint for term limits. Mr. Speaker, term limits is a serious Mr. SOLOMON. Mr. Speaker, I yield 2 endeavor, one that goes to the very printed on the ballot?’’ No mention of minutes to the gentlewoman from Co- heart of our goal to end the status quo forcing Members to support only a 6- year limit. No mention of forcing Mem- lumbus, OH [Ms. PRYCE], a very, very in Washington. So first, I urge my col- valuable member of the Committee on leagues to listen very carefully to what bers to vote against any other version Rules and a former judge. the American people are asking us to of term limits. Ms. PRYCE of Ohio. Mr. Speaker, I do, and then to support this fair rule so Then you have the issue of the ballot thank the distinguished chairman of that we can have honest, full debate on designation, or what has been called the Committee on Rules for yielding the issue of term limits. the scarlet letter. Let us say you are me this time, and I rise in support of Mr. MOAKLEY. Mr. Speaker, I have from Missouri, a State that passed an this very, very fair rule. no further requests for time at this 8-year limit for Representatives back While some may suggest that we lack time, and I reserve the balance of my in 1992. If you vote for the 6-year bill as the votes to pass a term limits amend- time. required in the initiative and you also ment, the issue itself is here to stay Mr. SOLOMON. Mr. Speaker, I yield 3 vote for my 8-year bill, your voters will and is gaining momentum across the minutes to the gentlewoman from be told that you do not support term country. Twenty-three States have Florida [Mrs. FOWLER], a very valuable limits on the next ballot. passed their own term limits initia- Member of this body and one of the Let me make this perfectly clear. A tives, and I believe an overwhelming real leaders in this effort to implement term limit supporter, someone who majority of Americans support them. term limitations. votes for term limits, could be des- In my view Congress still needs reform, (Mrs. FOWLER asked and was given ignated a term limits opponent on the and one very effective way we can permission to revise and extend her re- Federal ballot. Those of us who support bring change to this institution is to marks and include extraneous mate- term limits may not agree completely prevent the continued return to this rial.) on the exact language of an amend- body and to the other body of career Mrs. FOWLER. Mr. Speaker, I rise in ment, but we all agree that U.S. Term politicians. support of this rule. While this is not Limits’ latest strategy is ill-conceived Some of my colleagues have argued the rule those of us on the term limits and ill-advised. I urge all my col- very articulately against term limits, task force had hoped for, it unfortu- leagues to read George Will’s column and there are valid arguments on both nately is a rule we must have. I am in this week’s Newsweek for more in- sides. But I remain convinced that lim- pleased that this rule allows a vote on sight into this initiative and its rami- its are not only beneficial, they are es- my bill, which calls for 8-year limits on fications. sential to making Congress more effec- House Members and 12-year limits on tive, productive and accountable. Senators. I want to thank the gen- We all hope that the courts will The Congress was meant to be a citi- tleman from New York [Mr. SOLOMON] strike down this extremely dangerous zen legislature. The Founding Fathers and the other members of the Commit- and misleading manipulation of the and those that followed after them tee on Rules for making my amend- Federal ballot. In the meantime, our were laymen, not career politicians. ment in order. Members must vote today without a Just think of the many benefits that I will address the specifics of my definitive legal opinion. That is why would come from term limits: a regular amendment later when it is considered, this rule has been fashioned to give influx of new ideas, fresh motivated but I rise now to talk for just a minute term limit supporters every oppor- Members, a Congress closer to the peo- about this rule and why it is structured tunity to avoid the misleading ballot ple and the issues facing them out the way it is. designation. I urge my colleagues to there in the real world, a greater em- Mr. Speaker, we are preparing to em- support the rule. phasis on merit rather than seniority bark on a drawn out, confusing debate Mr. Speaker, I include for the and a better chance to guard against on a number of term limits amend- RECORD the materials referred to ear- legislative gridlock as all Members ments. As has been mentioned, the rea- lier. STATEWIDE REFERENDUM RESULTS FOR THE ELECTION HELD ON NOV. 5, 1996

Question Question Type Question Yes No

1 ...... Citizen initiative ...... Do you want Maine to require candidates and elected officials to show support for Congressional term limits or have their refusal printed on the bal- 318,119 225,620 lot? 2A ...... Citizen initiative ...... 2A: Citizen Initiative: Do you want Maine to ban clearcutting and set other new logging standards? 175,078 N/A 2B ...... Competing measure ...... 2B: Competing Measure: Do you want the Compact for Maine’s Forests to become law to promote sustainable forest management practices throughout 282,620 N/A the State? 2C ...... Against A and B ...... 2C: Against A and B: Against both the Citizen Initiative and the Competing Measure 139,176 N/A 3 ...... Citizen initiative ...... Do you want Maine to adopt new campaign finance laws and give public funding to candidates for state office who agree to spending limits? 320,755 250,185 4 ...... Bond issue ...... Do you favor $3,000,000 bond issue to make capital improvements at state parks and historic sites? 342,116 234,023 5 ...... Bond issue ...... Do you favor a $16,500,000 bond issue for the following purposes: (1) $2,500,000 to investigate, abate and clean up threats to the public health and 352,924 221,542 the environment from hazardous substance discharges; (2) $5,000,000 to protect the public health, safety and the environment by providing funds for the cleanup of tire stockpiles; and (3) $9,000,000 to protect the State’s drinking water resources by granting funds to cities and towns for the closure and cleanup of their solid waste landfills? 6 ...... Bond issue ...... Do you favor a $11,000,000 bond issue to encourage job growth and economic vitality by providing access to capital for agricultural enterprises and 370,978 202,432 small businesses with a significant potential for growth and job creation? 7 ...... Constitutional amendment ...... Do you favor a $10,000,000 bond issue for the following purposes: (1) $8,000,000 to construct water pollution control facilities, providing the state 360,888 209,300 match for $10,000,000 in federal funds; and (2) $2,000,000 to address environmental health deficiencies in drinking water supplies? 8 ...... Constitutional amendment ...... Do you favor amending the Constitution of Maine to require that a direct initiative petition be submitted to local officials earlier than is presently re- 367,994 187,428 quired in order to allow 5 working days rather than 2 days for local officials to certify the petitions? February 12, 1997 CONGRESSIONAL RECORD — HOUSE H463

Question 1: Citizen Initiative: Do you want CONGRESSIONAL TERM LIMITS AMENDMENT Secretary of State shall print on all primary, Maine to require candidates and elected offi- Section A. No person shall serve in the of- general and special election ballots ‘‘VIO- cials to show support for Congressional term fice of the United States Representative for LATED VOTER INSTRUCTION ON TERM limits or have their refusal printed on the more than three terms, but upon ratification LIMITS’’ adjacent to the name of any Legis- ballot? of this amendment no person who has held lator who during the current term of office STATE OF MAINE the office of the United States Representa- failed to: ‘‘An Act to Seek Congressional Term Lim- tive or who then holds the office shall serve A. Vote in favor of the application when its’’ for more than two additional terms. brought to a vote in any setting in which the Preamble. The People of the State of Section B. No person shall serve in the of- Legislator served, including, but not limited Maine want to amend the United States Con- fice of United States Senator for more than to, either legislative body, a committee, a stitution to establish Term Limits on Con- two terms, but upon ratification of this subcommittee or the legislative council; B. Second the application if it lacked for a gress that will ensure representation in Con- amendment no person who has held the of- second in any setting in which the Legislator gress by true citizen lawmakers. The Presi- fice of United States Senator or who then served, including, but not limited to either dent of the United States is limited by the holds the office shall serve in the office for legislative body, a committee, a subcommit- XXII Amendment to two terms in office. more than one additional term. tee or the legislative council; Governors in forty (40) states are limited to Section C. This article shall have no time two terms or less. Voters have established C. Vote in favor of all votes bringing the limit within which it must be ratified to be- application before any setting in which the Term Limits for over 2,000 state legislators come operative upon the ratification of the as well as over 17,000 local officials across Legislator served, including, but not limited legislatures or Conventions of three-fourths to either legislative body, a committee, a the country. of the several States. Nevertheless, Congress has ignored our de- subcommittee or the legislative council; Therefore, We the People of the State of D. Propose, sponsor or otherwise bring to a sire for Term Limits not only by proposing Maine, have chosen to amend the Compiled excessively long terms for its own members vote of the full legislative body the applica- State Laws to create legislation that will in- tion if it otherwise lacked a legislator who but also by utterly refusing to pass an form voters regarding incumbent and non-in- amendment for genuine congressional term so proposed or brought to a vote of the full cumbent federal candidates’ support for the legislative body the application; limits. Congress has a clear conflict of inter- above proposed CONGRESSIONAL TERM est in proposing a term limits amendment to E. Vote against any attempts to delay, LIMITS AMENDMENT and incumbent and the United States Constitution. A majority table, rerefer to committee or otherwise pre- non-incumbent state legislators’ support for of both Republicans and Democrats in the vent a vote by the full legislative body of the the following proposed application to Con- United States House of Representatives dur- application; gress: ing the 104th Congress voted against a con- F. Vote in favor of any requests for the We, the People and Legislature of the stitutional amendment containing the Term yeas and nays on all votes on the applica- State of Maine, due to our desire to establish Limits passed by a wide margin of Maine tion; G. Request the yeas and nays on all votes voters. term limits on Congress, hereby make appli- The people, not Congress should set Term cation to Congress, pursuant to our power on the application if it otherwise lacked a Limits. We hereby establish as the official under Article V, to call an Article V Conven- Legislator who so requested; position of the Citizens and State of Maine tion. H. Vote against any change, addition, that our elected officials should enact by Be it enacted by the People of the State of amendment or modification to the applica- Constitutional Amendment congressional Maine as follows: tion in any setting in which the Legislator term limits no longer than three (3) terms in Sec. 1.21–A MRSA c. 9, sub-c. I–A is enacted served, including, but not limited to either the United States House of Representatives, to read: legislative body, a committee, a subcommit- not longer than two (2) terms in the United SUBCHAPTER I–A—CONGRESSIONAL TERM LIMITS tee or the legislative council; I. Either be present and voting during any States Senate. ACT OF 1996 The career politicians dominating Con- consideration of the application in any set- § 641. Short Title ting in which the Legislator served includ- gress have a conflict of interest that pre- This subchapter may be known and cited vents Congress from being what the Found- ing, but not limited to, either legislative as the ‘‘Congressional Term Limits Act of body, a committee, a subcommittee or the ers intended, the branch of government clos- 1996.’’ est to the people. The politicians have re- legislative council, or, if absent during any fused to heed the will of the people for Term § 642. Definitions consideration of the application in any set- Limits; they have voted to dramatically As used in this Act, unless the context oth- ting in which the Legislator served, includ- raise their own pay; they have provided lav- erwise indicates, the following terms have ing, but not limited to either legislative ish million dollar pensions for themselves; the following meanings: body, a committee, a subcommittee or the and they have granted themselves numerous 1. Application. ‘‘Application’’ means an ap- legislative council, be recorded in favor of other privileges at the expense of the people. plication to the Congress of the United the application via pairing or other absentee Most importantly, members of Congress have States to call a convention for the purpose of provision; J. Vote against any proposed repeal of or enriched themselves while running up huge proposing an amendment to the United States Constitution to limit to 3 terms the amendment to this Act; deficits to support their spending. They have K. Vote against any legislation that would put the government nearly service of members of the United States House of Representatives and to 2 terms the supplement or alter this Act; $5,000,000,000,000.00 (five trillion dollars) in L. Vote in favor of the proposed amend- service of the United States Senate. debt, gravely threatening the future of our ment when it is sent to the states for ratifi- 2. Proposed amendment, ‘‘Proposed amend- children and grandchildren. cation, in any setting in which the Legisla- ment’’ means the following proposed amend- The corruption and appearance of corrup- tor served, including, but not limited to, ei- ment to the United States Constitution set tion brought about by political careerism is ther legislative body, a committee, a sub- forth in The Congressional Term Limit Act destructive to the proper functioning of the committee or the legislative council; or first branch of our representative govern- of 1996: M. Vote against any amendment to the ment Congress has grown increasingly dis- CONGRESSIONAL TERM LIMITS AMENDMENT United States Constitution with longer lim- tant from the People of the States. The Peo- Section A. No person shall serve in the of- its than those specified in the proposed ple have the sovereign right and a compel- fice of United States Representative for amendment if any such amendment is sent ling interest in creating a citizen Congress more than three terms, but upon ratification to the states for ratification. that will more effectively protect our free- of this amendment no person who has held 2. Exceptions. The language ‘‘VIOLATED dom and prosperity. This interest and right the office of United States Representative or VOTER INSTRUCTION ON TERM LIMITS’’ may not effectively be served in any way who then holds the office shall serve for may not be printed adjacent to the name of other than that proposed by this initiative. more than two additional terms. a Legislator if: The foresight of our Founders provided the Section B. No person shall serve in the of- A. Notwithstanding subsection 1, para- People with a path around congressional fice of United States Senator for more than graphs A to K, the State has made applica- self-interest under Article 5 of the Constitu- two terms, but upon ratification of this tion for the purpose of proposing the pro- tion. Pursuant to Article 5, the People may amendment no person who has held the of- posed amendment and that application has seek a convention to propose amendments to fice of United States Senator or who then not been withdrawn or the proposed amend- the Constitution when two-thirds of the holds the office shall serve in the office for ment has been submitted to the States for States (34) apply for such a convention. more than one additional term. ratification; Amendments proposed by a convention Section C. This article shall have no time B. Notwithstanding subsection 1, para- would become part of the Constitution upon limit within which it must be ratified to be- graphs L and M, the State has ratified the the ratification of three-fourths of the states come operative upon the ratification of the proposed amendment; or (38). Therefore, the state of Maine, hereby C. Notwithstanding subsection 1, the pro- legislatures or Conventions of three-fourths amends its Compiled Laws pursuant to our posed amendment has become part of the of the several States. power under the state constitution. Constitution of the United States. We hereby state our intention that this § 643. Ballot for incumbent Legislator 3. Determination. The Secretary of State law lead to the adoption of the following 1. Notation of violation of voter instruc- shall determine whether to print ‘‘VIO- Constitutional Amendment: tion. Except as provided in subsection 2, the LATED VOTER INSTRUCTION ON TERM H464 CONGRESSIONAL RECORD — HOUSE February 12, 1997 LIMITS’’ adjacent to the name of a Legisla- mittee, a subcommittee or a legislative States Constitution, the Secretary of State tor in accordance with this section no later council; shall offer to candidates for the Congress of than the time that nomination petitions are C. Failed to propose, sponsor or otherwise the United States, Governor, the Maine Sen- certified. The Secretary of State shall make bring to a vote of the full legislative body ate and the Maine House of Representatives public this determination at the time that the proposed amendment if it otherwise the term limits pledge set forth in sub- information regarding nomination petition lacked a congressional member who so pro- section 3. The Secretary of State shall pro- certifications is made available to the pub- posed; vide pledge forms to the candidates. The can- lic. D. Failed to vote in favor of all votes didates must sign and file with the Secretary 4. Challenge of determination. The deter- bringing the proposed amendment before any of State the pledge forms before the com- mination made by the Secretary of State committee, subcommittee or in any other mencement of petitioning for ballot access. may be challenged under the same process setting of the respective house upon which Except as provided in subsection 2, for a can- that exists for challenging petition certifi- the congressional member served including, didate who refuses to take the term limit cation under sections 337 and 356. A chal- but not limited to, either legislative body, a pledge, the Secretary of State shall print lenger or candidate may appeal the decision committee, a subcommittee or a legislative ‘‘REFUSED TO PLEDGE TO SUPPORT of the Secretary of State by commencing an council; TERM LIMITS’’ printed adjacent to the can- action in Superior Court in accordance with E. In any other settings of the respective didate’s name on every primary, general and the Maine Rules of Civil Procedure, Rule 80– house in which the congressional member special election ballot. 8. In this action, the Secretary of State shall served, including, but no limited to, either 2. Exception. The language ‘‘REFUSED TO be responsible for showing clear and convinc- legislative body, a committee, a subcommit- PLEDGE TO SUPPORT TERM LIMITS’’ ing evidence to justify the Secretary of tee or a legislative council, failed to reject may not be printed adjacent to the can- State’s determination. any attempt to delay, table, rerefer to com- didate’s name on every primary, general and special election ballot when, pursuant to sec- § 644. Ballot for incumbent Governor mittee or otherwise postpone or prevent a vote by the full legislative body on the pro- tion 643, 644 or 645, the notation ‘‘VIOLATED 1. Notation of violation of voter instruc- VOTER INSTRUCTION ON TERM LIMITS’’ tion. Except as provided in subsection 2, the posed amendment; F. Failed to vote against any proposed con- shall appear adjacent to the candidate’s Secretary of State shall print on all primary, name. general and special election ballots ‘‘VIO- stitutional amendment that would increase term limits beyond those in the proposed 3. Term limits pledge. The Secretary of LATED VOTER INSTRUCTION ON TERM State shall offer the following term limits LIMITS’’ adjacent to the name of any Gov- amendment regardless of any other actions in support of the proposed amendment; pledge; ernor who during the current term of office A. For all candidates for the United States G. Sponsored or cosponsored any proposed failed to: Senate and the United States House of Rep- constitutional amendment or law that would A. Veto any attempt to amend or repeal resentatives; this Act; or increase term limits beyond those in the pro- ‘‘I support term limits and pledge to use B. Veto any legislation that would supple- posed amendment; all my legislative powers to enact the pro- ment, alter or effect this Act in any way. H. Failed to vote in favor of any requests posed amendments to the United States Con- 2. Exception. The language ‘‘VIOLATED for the yeas and nays on all votes on the pro- stitution set forth in the Congressional Term VOTER INSTRUCTION ON TERM LIMITS’’ posed amendment; Limits Act of 1996. If elected, I pledge to act may not be printed adjacent to the name of I. Failed to sign any discharge petition in such a way that the designation ‘‘VIO- a Governor as required by subsection 1, if the that would cause the proposed amendment to LATED VOTER INSTRUCTION ON TERM proposed amendment has been submitted to be considered by the full legislative body; LIMITS’’ will not appear adjacent to my the States for ratification and ratified by J. Failed to either be present and voting name. this State or the proposed amendment has during any consideration of the proposed llllllllllllllll become part of the United States Constitu- amendment in any setting in which the con- Signature for Candidate’’ tion. gressional member served including, but not limited to, either legislative body, a commit- B. For all candidates for Governor: 3. Determination. The Secretary of State ‘‘I support Term Limits and pledge, if tee or subcommittee or, if absent during any shall determine whether to print ‘‘VIO- elected, to use all my delegated powers to consideration of the proposed amendment in LATED VOTER INSTRUCTION ON TERM enact the proposed Constitution Amendment any setting in which the congressional mem- LIMITS’’ adjacent to the name of a Governor set forth in the Congressional Term Limits in accordance with this section no later than ber served, including, but not limited to, ei- Act of 1996. I pledge to use all my delegated the time that nomination petitions are cer- ther legislative body, a committee or sub- powers to cause the Legislature to make ap- tified. The Secretary of State shall make committee, be recorded in favor of the pro- plication under the United States Constitu- public this determination at the time that posed amendment; by means of pairing, tion, Article V, to the Congress of the United information regarding nomination petition proxy voting or other absentee provision. States as set forth in the Congressional certifications is made available to the pub- 2. Exception. The language ‘‘VIOLATED Term Limits Act of 1996. I pledge to veto any lic. VOTER INSTRUCTION ON TERM LIMITS’’ attempt to amend or repeal the Congres- 4. Challenge of determination. The deter- may not be printed adjacent to the name of sional Term Limits Act of 1996. I pledge to mination made by the Secretary of State any member of Congress as required by sub- veto any legislation that would supplement, may be challenged under the same process section 1 if the proposed amendment has alter or affect the Congressional Term Lim- that exists for challenging petition certifi- been submitted to the states for ratification its Act of 1996 in any way. cation under sections 337 and 356. A chal- or has become part of the United States Con- llllllllllllllll lenger or candidate may appeal the decision stitution. Signature of Candidate’’ 3. Determination. The Secretary of State of the Secretary of State by commencing an C. For all candidates for the Maine Senate, shall determine whether to print ‘‘VIO- action in Superior Court in accordance with the Maine House of Representatives: the Maine Rules of Civil Procedure, Rule 80– LATED VOTER INSTRUCTION ON TERM ‘‘I support term limits and pledge to use B. In this action, the Secretary of State LIMITS’’ adjacent to the name of any mem- all my legislative powers to cause the Legis- shall be responsible for showing clear and ber of Congress in accordance with this sec- lature of the State of Maine to make appli- convincing evidence to justify the Secretary tion no later than the time that nomination cation to the Congress of the United States of State’s determination. petitions are certified. The Secretary of for a constitutional convention under Article State shall make public this determination § 645. Ballot for incumbent members of Con- V of the United States Constitution, and to at the time that information regarding nom- gress enact the proposed amendment to the United ination petition certifications is made avail- 1. Notation of violation of voter instruc- States Constitution set forth in the Congres- able to the public. sional Term Limits Act of 1996. If elected, I tion. Except as provided in subsection 2, the 4. Challenge of determination. The deter- Secretary of State shall print on all primary, pledge to act in such a way that the designa- mination made by the Secretary of State tion ‘‘VIOLATED VOTER INSTRUCTION ON general and special election ballots ‘‘VIO- may be challenged under the same process LATED VOTER INSTRUCTION ON TERM TERM LIMITS’’ will not appear adjacent to that exists for challenging petition certifi- my name. LIMITS’’ adjacent to the name of any United cation under sections 337 and 356. A chal- States Senator or Representative who during llllllllllllllll lenger or candidate may appeal the decision Signature of Candidate’’ the current term of office; of the Secretary of State by commencing an A. Failed to vote in favor of the proposed 4. Determination. The Secretary of State action in Superior Court in accordance with amendment when brought to a vote in any shall determine whether to print ‘‘REFUSED the Maine Rules of Civil Procedure, Rule 80– setting in which the congressional member TO PLEDGE TO SUPPORT TERM LIMITS’’ B. In this action, the Secretary of State served including, but not limited to, either adjacent to the name of candidate in accord- shall be responsible for showing clear and legislative body, a committee, a subcommit- ance with this section no later than the time convincing evidence to justify the Secretary tee or a legislative council; that nomination petitions are certified. The of State’s determination. B. Failed to second the proposed amend- Secretary of State shall make public this de- ment if it lacked for a second before any pro- § 646. Pledge to support term limits. termination at the time that information re- ceeding of the legislative body including, but 1. Pledge requirement. Until the proposed garding nomination petition certifications is no limited to, either legislative body, a com- amendment becomes part of the United made available to the public. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H465 5. Challenge of determination. The deter- Legislature fails to vote in the manner speci- fancies itself the sole legitimate keeper of mination made by the Secretary of State fied in the bill. the flame of moral purity. However, it has may be challenged under the same process 3. It directs the Legislature to make appli- actually become the career politician’s best that currently exists for challenging petition cation to Congress calling for a constitu- friend. That is why it was opponents of term certification under sections 337 and 356. A tional convention to propose an amendment limits who invited a USTL spokesman to tes- challenger or candidate may appeal the deci- to the federal constitution to require con- tify at recent House hearings on the subject. sion of the Secretary of State by commenc- gressional term limits and directs the Gov- Opponents understand that USTL’s obscu- ing an action in Superior Court in accord- ernor to aid in such application. It also di- rantism, dogmatism and bullying embarrass ance with the Maine Rules of Civil Proce- rects the State’s congressional delegation to the cause. dure. Rule 30-B. In this action, the Secretary work to propose such an amendment to the The primary argument for term limits is of State shall be responsible for showing federal constitution. not that, absent limits, there will be a per- clear and convincing evidence to justify the manent class of entrenched incumbents INTENT AND CONTENT shielded from challenges by advantages of of- Secretary of State’s determination. This initiated legislation seeks to impose Sec. 2. Legislators directed to make appli- fice. Although incumbents who choose to term limits of 3 terms (6 years) for the Unit- cation to Congress. Each member of the seek re-election still are remarkably safe—91 ed States House of Representatives and 2 Maine Senate and the Maine House of Rep- percent of them won in the turbulence of 1994 terms (12 years) for the United States Senate resentatives shall use all of that Legislator’s and 94 percent won in 1996—most members of in five ways: delegated powers to make the following ap- Congress arrived there in this decade. (This 1. It would direct the Main Legislature to rotation in office has been produced partly plication under the United States Constitu- apply to the United States Congress to call a by something the nation does not wish to tion, Article V, to the Congress of the United constitutional convention, pursuant to Arti- rely on—revulsion arising from scandals and States: cle V of the United States Constitution, for other malfeasance.) And the primary argu- ‘‘We, the People and Legislature of the the purpose of enacting an amendment to ment for term limits is not that Congress is State of Maine, due to our desire to establish the United States Constitution imposing insufficiently ‘‘responsive’’ and hence must term limits on Congress, hereby make appli- Congressional term limits. be made ‘‘closer to the people.’’ Rather, the cation to Congress, pursuant to our power 2. It would direct each member of Maine’s primary argument is that we need ‘‘constitu- under Article V, to call an Article V Conven- Congressional delegation to vote for a con- tional space’’ (the phrase is from Harvard’s tion.’’ stitutional amendment establishing Congres- Harvey Mansfield) between representatives Sec. 3. Governor directed to aid an applica- and the represented. tion and ratification. The Governor shall use sional term limits. 3. It would require the Secretary of State Term limits are a simple, surgical, all of the Governor’s delegated powers to aid to print on any election ballot the phrase Madisonian reform. By removing careerism— the Legislature in making the application ‘‘VIOLATED VOTER INSTRUCTION ON a relatively modern phenomenon—as a mo- specified in Sec. 2 to the Congress of the TERM LIMITS’’ next to the name of any tive for entering politics and for behavior in United States under Article V of the United member of the Maine Legislature or any office, term limits can produce deliberative States Constitution. bodies disposed to think of the next genera- Sec. 4. Congressional delegation directed Governor who fails to use all of his or her powers to secure passage of an application to tion rather than the next election. This is to propose congressional term limits amend- the argument favored by those who favor ment. Each member of the state’s congres- the United States Congress for a constitu- tional convention to establish Congressional term limits not because of hostility toward sional delegation shall use all of that mem- Congress, but as an affectionate measure to ber’s delegated powers to propose and vote term limits. 4. It would require the Secretary of State restore Congress to its rightful role as the for the following amendment to the United First Branch of government. This would put States Constitution: to print on any election ballot the phrase ‘‘VIOLATED VOTER INSTRUCTION ON the presidency where it belongs (and usually CONGRESSIONAL TERM LIMITS AMENDMENT TERM LIMITS’’ next to the name of any was during the Republic’s first 150 years), which is more toward the margin of political Section A. No person shall serve in the of- member of the Maine Congressional delega- life. fice of United States Representative for tion who fails to use all of his or her legisla- Intelligent people of good will differ about more than three terms, but upon ratification tive powers to cause the United States Con- of the amendment no person who has held whether term limits are a good idea, and gress to pass an amendment to the United supporters of limits differ concerning the ap- the office of United States Representative or States Constitution imposing Congressional who then holds the office shall serve for propriate maximum length of legislative ca- term limits. reers. Most supporters consider six House more than two additional terms. 5. It would require the Secretary of State and two Senate terms a temperate solution. Section B. No person shall serve in the of- to print on any election ballot the phrase It is symmetrical (12 years in each chamber) fice of United States Senator for more than ‘‘REFUSED TO PLEDGE TO SUPPORT and allows enough time for professional two terms, but upon ratification of this TERM LIMITS’’ next to the name of any learning, yet removes the careerism that amendment no person who has held the of- candidate for Governor, the Maine Legisla- produces officeholders who make only risk- fice of United States Senator or who then ture or the United States Congress who fails averse decisions while in office. USTL is not holds the office shall serve in the office for to sign a form pledging to use all of his or merely eccentric but preposterous and anti- more than one additional term. her powers to secure passage of an amend- thetical to dignified democracy because it Section C. This article shall have no time ment to the United States Constitution im- insists that three House terms is the only limit within which it must be ratified to be- posing Congressional term limits. come operative upon the ratification of the permissible option. A ‘‘YES’’ vote approves the initiative. If USTL merely espoused this position, it legislatures or Conventions of three-fourths A ‘‘NO’’ vote disapproves the initiative. of the several States. could simply be disregarded as a collection Sec. 5. Jurisdiction. Any legal challenge to [From Newsweek, Feb. 17, 1997] of cranks. What makes it deeply subversive this Act shall be filed as an original action SAVE US FROM THE PURISTS—SOME SUPPORT- of the term limits movement is its attempt before the Supreme Court of this state. ERS OF TERM LIMITS HAVE DEVISED A TAC- to enforce its three-House-terms fetish by Sec. 6. Severability. If any portion, clause, TIC AT ODDS WITH THE BEST REASON FOR using a device that degrades what the move- or phrase of this initiative is, for any reason, LIMITS ment seeks to dignify—the principle of delib- held to be invalid or unconstitutional by a (By George F. Will) erative representation. Last November in nine states with 30 House members (19 of court of competent jurisdiction, the remain- Since the apple incident in Eden, the ing portions, clauses, and phrases may not be them Republicans, whose party platform en- human race has been disappointing. Hence dorses term limits) USTL sponsored success- affected, but shall remain in full force and term limits for Congress may become one of effect. ful campaigns to pass pernicious initiatives. the few exceptions to the rule that when These stipulate precisely the sort of term STATEMENT OF FACT Americans want something, and want it in- limits measures for which those states’ This bill accomplishes the following: tensely and protractedly, they get it. Only members should vote, and further stipulate 1. It requires the Secretary of State to the political class can enact limits, and lim- that unless those members vote for them and offer to all candidates for the Legislature, its would be unnecessary if that class were only for them, then when those members Governor and Congress a pledge to support susceptible to self-restraint. seek re-election there must appear next to congressional term limits and requires that, That is a structural problem of politics their names on the ballot this statement: if a candidate refuses to sign the pledge, the with which supporters of term limits must ‘‘Violated voter instruction on term limits.’’ Secretary of State print adjacent to that cope. But the organization U.S. Term Limits More than 70 percent of Americans favor candidate’s name on the ballot the words is an unnecessary impediment to term lim- the principle of term limits without having ‘‘REFUSED TO PLEDGE TO SUPPORT its. As the House votes this week on the fixed, let alone fierce, preferences about de- TERM LIMITS.’’ issue, consider what happens when a reform tails. But USTL, tendentiously presenting 2. It requires that the Secretary of State movement’s bandwagon is boarded by people meretricious ‘‘evidence,’’ baldly and far- print adjacent to the candidate’s name on ignorant of, or indifferent to, the principal cically asserts that Americans believe that the ballot the words ‘‘VIOLATED VOTER rationale for the reform. term limitation involving six House terms is INSTRUCTION ON TERM LIMITS’’ if an in- USTL is a bellicose advocate of term lim- not worth having. Because of USTL’s coer- cumbent candidate for Governor, Congress or its, and, like fanatics through the ages, it cive device of ‘‘instruction,’’ there may have H466 CONGRESSIONAL RECORD — HOUSE February 12, 1997 to be a dozen votes this week on various up in committee did in fact really, I be- in those districts would never have the term limits amendments to the Constitu- lieve, circumvent the will of the Amer- intelligence to replace Rostenkowski, tion. And USTL’s ham-handedness probably ican people and the will of many Mem- Brooks, and Foley. Well, the fact of the will produce a decline in votes for the most bers of this institution. So that is why matter is, in uphill struggles, we had popular proposal—six House and two Senate terms. No measure is yet going to receive I congratulate my party for coming challengers who defeated those three the 290 House votes or 67 Senate votes needed into the majority and bringing this people. For the first time since the to send an amendment to the states for rati- issue to a full debate. 1860’s a sitting Speaker of the House fication debates. However, USTL’s rule-or- I think that this rule, which the gen- was defeated, and it was done without ruin mischief will splinter the voting bloc tleman from New York [Mr. SOLOMON] amending the U.S. Constitution. that last year produced 227 votes for a 12- and the Committee on Rules have So it seems to me that if we look at years-for-each-chamber amendment. crafted, does allow for a wide range of that fact, and interestingly enough, The thinking person’s reason for support- provisions to be considered, but having and it saddens me, two of the three vic- ing term limits is to produce something that said that, I do strongly oppose term tors in that 1994 election were defeated USTL’s ‘‘instruction’’ of members mocks— in the 1996 election. The gentleman independent judgment. USTL, which thinks limits. In fact, I remember, and I would of itself as serving conservatism, should say to the gentleman from New York from Washington [Mr. NETHERCUTT], think again. It should think of that noble [Mr. SOLOMON], very vividly when 8 who defeated Tom Foley, is the only fountain of conservatism. Edmund Burke. In years ago last month Ronald Reagan one remaining in this institution, so a 1774, having been elected to Parliament by turned over the reins of the Presidency turnover is taking place there. Bristol voters, Burke delivered to them an to George Bush, and at that time Presi- Mr. Speaker, if we look at the fact admirably austere speech of thanks, in which dent Reagan said, ‘‘My number one pri- that a natural turnover has taken he rejected the notion that a representative place, it seems to me that we should be should allow ‘‘instructions’’ from voters to ority in leaving Washington will be the repeal of the 22d amendment to the very careful in moving ahead with an obviate his independent judgment. He said amendment to the Constitution. So I ‘‘government and legislation are matters of Constitution.’’ reason and judgment’’ and asked: ‘‘What sort The 22d amendment to the Constitu- think that the arguments of staff hav- of reason is that in which the determination tion was passed by Republicans, pushed ing too much power; we all revere the precedes the discussion?’’ by Republicans, because of a very high staff around here, but the fact of the In the 1850s some Abolitionists were inter- level of frustration over the fact that matter is, with term limits I think ested less in effectiveness than in nar- Franklin Delano Roosevelt was contin- staff would get too much power. cissistic moral display, interested less in ually reelected by the American peo- If we look at the fact that many peo- ending slavery than in parading their purity. ple, and now Democrats and Repub- ple say that whenever we deal with a The abolition of slavery required someone legislative challenge around here, what (Lincoln) who was anathema to fanatical licans alike recognize that Franklin Roosevelt was in fact one of the great we should do is amend the U.S. Con- abolitionists. Similarly, restoration of delib- stitution. I think that that was an in- erative democracy will require patient peo- Presidents of this century. ple, not USTL’s exhibitionists. It seems to me that repeal of the 22d spired document, and I think that the Mr. MOAKLEY. Mr. Speaker, I yield amendment should be a top priority, Founding Fathers were inspired when 5 minutes to my dear friend, the gen- and so I just introduced a few minutes they decided not to impose term limits tleman from California [Mr. DREIER]. ago House Joint Resolution 51, which on the President of the United States, Mr. SOLOMON. Mr. Speaker, I yield 2 will in fact repeal the 22d Amendment and they were equally inspired when minutes to the gentleman from Califor- of the Constitution, doing what Ronald they established three qualifications for service in the U.S. House of Rep- nia [Mr. DREIER]. Reagan said was his top priority upon The SPEAKER pro tempore. The gen- leaving this town. And that, I believe, resentatives: 25 years of age, an Amer- ican citizen, and a resident of the State tleman from California [Mr. DREIER] is underscores the very, very important recognized for 7 minutes. reason, following Ronald Reagan’s di- one hopes to represent. We should allow the people to work their will in (Mr. DREIER asked and was given rection here, underscores the very im- making the kind of decision that is permission to revise and extend his re- portant reason for us not to amend the better for them in their representation marks.) Constitution to impose term limits. Mr. DREIER. Mr. Speaker, I thank Now, I understand that the gen- here. So I support the rule, urge my col- my friends from Massachusetts and tleman from Massachusetts [Mr. MOAK- leagues to vote in favor of the rule, but New York for yielding me this time. LEY], although I did not hear it in his I will vote no on all of the provisions Let me say that I rise in strong sup- opening remarks, talked about the that call for imposing constraints on port of the rule, and my friend from turnover that has taken place over the the voters of this Nation. Massachusetts might not like what I past several years. It is my understand- Mr. MOAKLEY. Mr. Speaker, I yield am going to say at the outset here, but ing that during the decade of the 1990’s, 5 minutes to the gentlewoman from I suspect he will like what I say a little we have seen a turnover of 62 percent Texas [Ms. JACKSON-LEE]. later. of the membership of this institution. (Ms. JACKSON-LEE of Texas asked Mr. MOAKLEY. Mr. Speaker, will the New ideas are obviously flowing in and and was given permission to revise and gentleman yield? they have flowed in based in large part extend her remarks.) Mr. DREIER. I yield to the gen- on the fact that the American people Ms. JACKSON-LEE of Texas. Mr. tleman from Massachusetts. have, to the shock of many in this in- Speaker, I thank the gentleman from Mr. MOAKLEY. Mr. Speaker, maybe stitution, been perceptive enough to Massachusetts for his kindness, and I should yield the gentleman 1 minute change their Representatives in Con- certainly to the ranking member on at a time then. gress. the Committee on the Judiciary for the Mr. DREIER. Mr. Speaker, I would I mentioned a few moments ago the hard work, and the gentleman from Il- say to my friend that he will begin to former chairman of the House Commit- linois [Mr. HYDE] for the generosity of enjoy what I have to say as I persevere tee on the Judiciary. He is one of the spirit in his beliefs that the American closer to the 5 minutes. He will not three reasons that I voted against term people speak every 2 years, and that is like the first minute. limits last time. Well, there were many our term limits. Chairman HYDE was Let me say that for years many of us more, but among the three, and they generous in allowing this debate to tried to get the issue of term limits were Jack Brooks, Dan Rostenkowski, come to the floor of the House. brought to the House floor for debate, and Tom Foley. Those three incum- Mr. Speaker, I rise today to speak and there was an inclination by the bents, the Speaker, two very powerful against this rule, and quite to the con- chairman of the Committee on the Ju- committee chairmen obviously had all trary, I am saddened by the fact that diciary, Mr. BROOKS of Texas, to keep the resources needed to be reelected. we could not find it in the minds and that measure bottled up in committee. And they had loads of campaign con- hearts of the Committee on Rules to So I joined with other opponents of tributions, the power of incumbency, have an open rule on this so-called very term limits in signing a discharge peti- the power of their chairmanships, and important issue. tion to try and get it moved to the yet, while many people argued for Interestingly enough, I might add House floor because keeping it bottled years and years and years, the voters that when I go home to the district, February 12, 1997 CONGRESSIONAL RECORD — HOUSE H467 and as I have spoken to many of my two amendments that I proposed, I Mr. Speaker, I have no further re- colleagues, rarely do I hear as a biting think pure amendments. Interestingly quests for time, I yield back the bal- issue of the day term limits. Questions enough, out of the 11 amendments, ance of my time, and I move the pre- arise every day about education and only 2 come from the Democratic vious question on the resolution. the environment; they arise about our Party. I would say that if Members are The previous question was ordered. ability to be civil and to work in a bi- serious about term limits, they would The resolution was agreed to. partisan spirit to emphasize the impor- have supported the term limit amend- A motion to reconsider was laid on tance of a budget that carries us for- ment that I had, that said, leave it to the table. ward, firm, balanced, but yet fair to all the States. The SPEAKER pro tempore. Pursu- of the American people; sometimes If the States want to put no years of ant to House Resolution 47 and rule talks about tax relief and reforming limitation, 20 years, 30 years, or 5 XXIII, the Chair declares the House in the welfare reform to be just in its years, then if Members believe in the the Committee of the Whole House on treatment of all of those who are inside people speaking, why not have allowed the State of the Union for the consider- the boundaries of the United States of for us to vote on an amendment that ation of the joint resolution, House America. I hear issues about social jus- says the States can choose any sort of Joint Resolution 2. tice and women’s rights, but never this term limits that they desire? Would it The Chair designates the gentleman question called term limits. have been disruptive? Nothing is dis- from Washington [Mr. HASTINGS] as So I am saddened to be able to say to ruptive when the people speak. But yet Chairman of the Committee of the the American people that the first leg- that was not received or allowed to be Whole, and requests the gentleman islative item that comes before this debated on the floor of the House. from North Carolina [Mr. JONES] to as- body is really bound in political gim- I wonder about the seriousness of sume the Chair temporarily. mickry. Interestingly enough, more this issue. If Members think the people b 1120 than 54 percent of the Members of the should speak back in Florida or Texas House in the 105th Congress have been or California, then allow those people IN THE COMMITTEE OF THE WHOLE Accordingly, the House resolved it- elected in the last 5 years. I might to design for themselves how long they self into the Committee of the Whole imagine that over a number of years in want their legislators to be in the U.S. the future, we will find quite a bit of Congress. House on the State of the Union for the turnover. In fact, we are finding young- Then I might add that in order to be consideration of the joint resolution er and younger ranking members and even closer to the people, I added an (H.J. Res. 2) proposing an amendment chairmen of committees. This is good, amendment or offered an amendment to the Constitution of the United this is energy, this is how the people that we should do it by convention. States with respect to the number of speak. They have spoken in the House What does that mean? That is a proce- terms of office of Members of the Sen- of Representatives and, yes, they have dure in the U.S. Congress or Constitu- ate and the House of Representatives, spoken in the U.S. Senate. tion that allows for conventions to be with Mr. JONES (Chairman pro tem- Yes, I realize that nine States, Alas- held in States by delegates, people who pore) in the chair. ka, Arkansas, Colorado, Idaho, Maine, would then vote for term limits or not The Clerk read the title of the bill. Missouri, Nebraska, Nevada, and South for term limits. The CHAIRMAN. Pursuant to the Dakota have passed the so-called scar- Mr. Speaker, this is a fraud on the rule, the joint resolution is considered let letter initiatives. So be it, their American people. We can vote for our as having been read the first time. Under the rule, the gentleman from people have spoken. elected officials and the Congress every 2 years. Let us uphold the Constitu- Florida [Mr. CANADY] and the gen- b 1115 tion, Mr. Speaker. Let us do the right tleman from Michigan [Mr. CONYERS] How unfortunate, however, that in thing. each will control 1 hour. passing such an initiative they would Mr. MOAKLEY. Mr. Speaker, I yield The Chair recognizes the gentleman label their Members by the label on the 1 minute to the gentleman from Vir- from Florida [Mr. CANADY]. ballot that says, this particular person ginia [Mr. SCOTT]. Mr. CANADY of Florida. Mr. Chair- disregarded our voter instruction on Mr. SCOTT. Mr. Speaker, I noticed in man, I yield myself such time as I may term limits. They do not talk about one of the reviews of the various consume. how the Member voted on education amendments that the amendment that Mr. Chairman, today for the second and the environment, how the Member is in order that I will be presenting has time in its history the House of Rep- will address the national defense or been inadvertently mistaken in its resentatives will debate and vote on crime. They are concerned and they terms. That review mistakenly sug- the issue of limiting the terms of Mem- want to label someone on that basis. gested that my amendment would limit bers of Congress. The first debate and My response? So be it; the people the House Members to 3 terms, or 6 vote on term limits occurred less than have spoken. But just because of those years for Members of the House. 2 years ago, in March 1995. nine States, I do not believe that we This is an error. In fact my amend- At that time, although a majority of have any place in the U.S. Congress to ment, like most others, sets a limit of the Members of the House voted in assess and to deny the American people 6 terms or 12 years for the House. My favor of the proposed amendment to their right to elect or unelect their amendment is identical to the McCol- the Constitution limiting the terms of Representative every 2 years. The lum substitute, except for the fact that Members of the House and Senate, the Founding Fathers—and as I always say, it allows States to set a shorter limit if vote fell short of the two-thirds major- no mothers were present, although Abi- they desire than those in the underly- ity required for proposing constitu- gail Adams said to John Adams, ‘‘Don’t ing resolution. It does nothing else. It tional amendments under article V of forget the ladies,’’—framed the Con- is identical, except for the fact it al- our Constitution. stitution to allow those who partici- lows the States an option to go lower. Today we renew the debate and at- pate in this process to elect Members For those reviews that have sug- tempt once more to give the legisla- of the House of Representatives every 2 gested otherwise, they are in error. To- tures of the States an opportunity to years, and those in the U.S. Senate day’s Congressional Quarterly review is address this important issue. Since the every 6 years. accurate in its description. House considered this issue in 1995, it Why then are we stalling around this Mr. Speaker, I support the rule and has become clear beyond any doubt issue that already has an answer in the oppose the underlying bill, without the that amending the U.S. Constitution is American public’s mind: that is, their amendment. the only means of enacting term limits vote every 2 years. They have voted. In Mr. MOAKLEY. Mr. Speaker, I have for Members of Congress. The Supreme 1994 and 1996 they let their voices be no further requests for time, and I Court has struck down State-enacted heard, changing the majority in 1994 yield back the balance of my time. measures to limit congressional terms, and emphasizing a bipartisan approach Mr. SOLOMON. Mr. Speaker, the gen- and made clear that nothing short of in 1996. tleman from Virginia [Mr. SCOTT] was an amendment to the U.S. Constitution I am disappointed that the Commit- correct in his analysis of the sub- will be successful in establishing term tee on Rules did not see fit to add the stitute. limits. H468 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Some advocates of term limits have the objective of permanently maintain- Ms. JACKSON-LEE of Texas. Mr. again focused their efforts on the State ing themselves in office. Chairman, I thank the gentleman from level. This last election, the voters of Some argue that term limits will un- Michigan [Mr. CONYERS] for his persist- nine States adopted initiatives to re- dermine effective and responsible gov- ent defending of the Constitution. I ap- quire their Federal representatives to ernment, that term limits in effect will preciate the gentleman from Florida give their exclusive support to a 6-year turn the Congress over to a gang of [Mr. CANADY] and his remarks on the term limit in the House and a 12-year amateurs. value of this document that now has term limit in the Senate, or face a no- I believe that these critics misunder- served this Nation for centuries as we tation next to their name at the next stand the true meaning of representa- move into the most highly cited new election that the representative dis- tion in a democracy such as ours. Their century, the 21st century. regarded voter instructions on term arguments are eloquently refuted by I happen to be from the thinking of limits. Daniel Boorstin, historian and former the sacredness and preciousness of the Time and experience will dem- librarian of Congress, in an essay enti- document, albeit that I could argue onstrate whether this strategy is effec- tled ‘‘The Amateur Spirit and Its En- now, standing in the well, that I and tive in advancing the term limits emies.’’ those who come from the representa- cause. While these initiatives have The true leader is an amateur in the prop- tive community that has a racial defi- been criticized on various grounds, the er, original sense of the word. The amateur, nition was not recognized as a full from the Latin word for love, does something human being by the Constitution in its Members of this House should neither for the love of it. He pursues his enterprise scorn nor ignore these expressions of not for money, not to please the crowd, not makings. I then would probably be in the will of the American people. The for professional prestige or for assured pro- good standing to reject this document continuing grass roots effort in support motion and retirement at the end, but be- called the Constitution, and say that it of term limits shows that this is an cause he loves it. did not protect me in the first place. Aristocracies are governed by people born But I stand now in the well of the issue that will not quietly fade away. to govern, totalitarian societies by people In State after State, the American peo- House as we all do, as an American, who make ruling their profession, but our having great confidence in the under- ple have spoken directly and unequivo- representative government must be led by cally in favor of term limits. That is people never born to govern, temporarily standing and intellect and the appre- why we are here today. drawn from the community and sooner or ciation that the American people have It is clear that the voters want a sig- later sent back home. for the Constitution. nificant change in the structure of the Mr. Boorstin goes on to conclude, b 1130 Congress. They want representation, The more complex and gigantic our gov- I even cite quite frequently the Dec- which is both more deliberative and ernment, the more essential that the lay- man’s point of view have eloquent voices. laration of Independence that says, in more responsive to the interests of the part, we all are created equal with cer- Nation. In 1776, in his Thoughts on The amateur spirit is a distinctive virtue of democracy. Every year, as professions and tain inalienable rights of life and lib- Government, John Adams wrote that bureaucracies increase in power, it becomes erty and the pursuit of happiness. ‘‘A representative assembly should be more difficult, yet more urgent, to keep that I noted earlier that I was dis- in miniature an exact portrait of the spirit alive. appointed that although the ranking people at large. It should think, feel, By enacting term limits, we will be member, the gentleman from Massa- reason, and act like them.’’ doing our part to keep alive this dis- chusetts [Mr. MOAKLEY], raised and the This concept of representation is at tinctive virtue of democracy. We will Democrats raised the amendments that the heart of the movement for term help make certain that those who come I thought would bring this matter clos- limits. The American people want rep- to Washington as representatives of er to the people, it was rejected by the resentatives who think, feel, reason, the people will think, feel, reason, and majority and so my amendments deal- and act like the American people. Does act like the people, and that Congress ing with letting the States do it, pure the current system produce a Congress is, in the words of Adams, ‘‘a portrait States decision, no matter what limit that thinks, feels, reasons, and acts of the people at large.’’ they would have, was rejected and also like the American people, or does it That is what the people of this coun- to allow the people in a convention to produce a Congress that in many re- try want. That is the kind of system vote on it was rejected. spects is insulated and isolated from they yearn for. That is the kind of sys- But now we have 11 amendments and the people? tem they deserve. a term limits amendment on the floor The American people are convinced As Members of this House, it is our of the House, and it is characterized as that the current system does not responsibility to listen to the Amer- allowing the people to speak. produce the kind of representation that ican people. This is their government. I would ask the question of the 11 meets the standard articulated by They pay the taxes. They fight the amendments and the term amendment, Adams. The people are convinced that wars. How can we in good conscience whether we could ever get any sort of a limitation on the terms of Members turn a deaf ear to their demand for consensus on any of them. That means of Congress is necessary to create an term limits? How can we ignore the un- the people will not speak because we environment in which those they elect equivocal message that comes to us have provided so much, we have had so and send to Congress will continue to from all across this great land? many limitations. We have got any- How can we stand in the way of the think and feel as the American people thing from 6 to 12 years to eliminating change that overwhelming majorities think and feel, and to reason and act as everyone in the U.S. Congress. And I have supported in State after State? the American people reason and act. The issue before this House today is know there are some who would look Congress has become too much like a this: Will we or will we not listen to this evening on the 6:00 news and say, permanent class of professional legisla- the people of the United States? great, they have passed an amendment tors who use the powers of the Federal I urge my colleagues to listen to the that would have everyone leaving the Government to perpetuate their own people and to support the constitu- floor of the House and the Senate right careers. There are many incentives tional amendment limiting congres- now. They are termed out. which combine to turn Members of sional terms. I know, however, the body of the Congress into career legislators. Term Mr. Chairman, I reserve the balance American people are wiser, far more limits will break the power of en- of my time. sensible and far more appreciative of trenched incumbency. It will give us Mr. CONYERS. Mr. Chairman, I yield this democratic process than that. So representatives who put serving the in- such time as she may consume to the in actuality, we have a mockery here terests of the people and advancing the gentlewoman from Texas, Ms. SHEILA today. None of these amendments good of the Nation ahead of perpetuat- JACKSON-LEE, one of our more distin- would garner the majority of support ing their own legislative careers. With guished members on the Committee on of the American people. There is no term limits, Members of Congress will the Judiciary, a future chairperson. documentation, no data. We have 50 come to Washington with their eyes (Ms. JACKSON-LEE of Texas asked States. There are only nine States that firmly set on the goal of working for and was given permission to revise and have put in provisions that have sug- the good of the Nation, rather than on extend her remarks.) gested they want to have term limits. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H469 What do term limits do? They take that, yes, I think they should vote your shall be composed of two Senators from each away the voice of the people. You take conscience. I certainly think they State, elected by the people thereof, for six away the history and the understand- should vote the way they think the years. * ** '' ing of the process. You take away the representative body should want them I submit to you that if the Founding Fathers wisdom that is garnered by working to do, but I would ask them in a mo- and writers of our Constitution wanted to in- and understanding the issues. You ment of calmness, in a moment of clude a provision that limited the number of leave it to those who have no stake in thoughtfulness, to analyze the basic years that an individual could serve as a rep- the democratic process. values of the Constitution of the Unit- resentative of a group of constituents, they I respect individuals who are in the ed States of America. It is for me to most certainly would have done so. However, hierarchy of the Federal Government allow the people to speak. they did not. We are wise to follow their wis- who are unelected. I know they are I would hope that maybe I will have dom. public servants as well, but there is no the opportunity to address that by sub- If passed, this amendment would only serve affirmation year after year of them by mitting, again, my amendment that to severely limit the ability of voters across our the American public. So if you limit the States be allowed to do as they country to take part in a process that is as old those who are then voted upon, those choose but only in the context of sup- as the Constitution itself. who are pro-life, those who are pro- porting the fact that we in America be- I must state that as an African-American choice, they lose their voice. Those lieve in allowing the people to speak. Member of Congress, I am rather skeptical of who want more of the environmental Mr. Chairman, I rise in opposition to House any effort to change or alter the ability of citi- concerns and consideration versus Joint Resolution 2; an amendment to the Con- zens to vote for the Member of their choice. those who heighten the property own- stitution of the United States limiting the terms For members of the African-American commu- ership issues lose their voice. Those of Members of Congress. nity are well aware of the dangers and con- who are proponents of social justice As an elected Member of Congress, I, along sequences of limited access and limited and want to rid us of the death penalty with each member, took an oath to defend choices. versus those who understand that vic- and protect the Constitution of the United Supporters of this resolution aver that term tims have rights lose their voice. States of America. This oath and commitment limits will first, decrease the influence that spe- Term limits is, again, a frivolity. It I do not take lightly, even if I alone must de- cial interest groups have on legislation; sec- is a blight on this democratic process. fend the Constitution against the very people ond, allow for fresh ideas to be brought to It is to reject that we have already had with whom I took that oath and with whom I Congress; and third, permit greater access to 54 percent of those in the House of Rep- stand today. Members for constituents. resentatives alone change out. The Constitution is a sacred document Let me be the first to say that the constitu- Sadly, though we have not come here which must not be changed based on the re- ents of the historic 18th Congressional Dis- to separate us, I always sit sometimes actionary whims of Congressional members. trictÐthe district of Barbara Jordan and Mick- quietly and wonder, as this House be- We are not above the Constitution, we are in- ey LelandÐwill always demand and share un- comes more diverse, African Americans cluded in the Constitution and each of us have limited access to their Congressperson and and Hispanics and Asians and women, I sworn to serve as defenders and protectors of their congressional office. This office is not my would hate to think that there is a si- the Constitution. office. It is the office of the people of the 18th lent commentary, now is the time to The issue of term limits is one that threat- Congressional District whom I have the privi- lege of representing. have term limits. Now is the time to ens the power of the American people to exer- The residents of the 18th Congressional throw the bums out. cise a basic right granted by the Founding Fa- District influence legislation each and every I want accountability. I want reason- thers of our great countryÐthe right to vote for day. The office is inundated with letters and able campaign finance reform. I want the representative of their choice. This resolu- tion shatters the core principle of freedom and phone calls from our faithful constituents. ethics in government. I want a fair uti- I submit that the arguments of the support- lization of your dollar. I want a rec- seeks to spoil a right that many sacrificed, fought and died forÐthe right to vote for ers of term limits are disingenuous. If Mem- ognition that we are here to do the bers were genuinely concerned about the people’s business. But I am saddened whom they choose. Article I, sections 2 and 3 of the Constitu- undue influence on legislation that special in- that we are taking the hours of the tion, outlines the requirements and terms of terest groups may have on particular Mem- people’s business to talk about term Members of Congress, which include qualifica- bers, they only have to listen more to the limits when each of us have within our tions of age, citizenship, and residency. voices of their constituents and combine with power and the people have to say it to Section 2 states that ``the House of Rep- our commitment to the greater good; this will us, you are termed out. We can person- resentatives shall be composed of Members solve any problem with the alleged negative ally say it. Some Members have. I ap- chosen every second year by the people of impact of any special interest group. plaud them. That is their personal the several States * * * '' This language of the Furthermore, the supporters of this resolu- choice. And others have responded to Constitution is clear in that every 2 years, the tion should include a provision which makes the call of the public. people are to choose who will represent them, prior service to the House of Representatives I would not have taken this amount not current Members of Congress. and election to office a factor when consider- of time, Mr. Chairman, had it not been Section 2 of the Constitution further states ing eligibility for future service. Currently, this a serious issue for me. For whenever we that ``no person shall be a Representative who resolution does not do that. It is prospective in tamper with the Constitution, a docu- shall not have attained to the age of twenty- nature and does not apply to Members of ment that has been admired by the five years, and been seven years a citizen of Congress retroactively. This is a sham to the world public as a hearty document, as the United States, and who shall not, when American public. a document of justice, I am concerned elected, be an inhabitant of that State in which Additionally, a constitutional amendment lim- with the potential quagmire of limit- he shall be chosen.'' iting the terms of congressional Members is ing the people’s right to select one per- This language says nothing about the ability duplicitous and redundant in nature. Currently, son who has been good for them, who of current Members of Congress choosing the American people may vote or not vote for voices their concerns, who captures the who may not represent the people of a par- whom they choose. They most recently made history of this Nation, who are leaders ticular district by virtue of a Member's previous their choices known in the last election. This like a Sam Rayburn or a Jack Brooks, service. was accomplished by the people exercising Tip O’Neill, Speakers and others who Additionally, section 3 of article I of the Con- their right already granted by the very Con- have reflected on the dignity of this stitution states that ``the Senate of the United stitution which some seek to unnecessarily House. When shame is brought upon States shall be composed of two Senators of amend. The will of the people was accom- this House, I would be the first to tell each State chosen by the legislature thereof, plished without an amendment to the Constitu- Members that we must rid ourselves of for six years * * *;'' but the American people, tion. The voters spoke and America listened. the shame. But term limits is a myth. in choosing to adopt the 17th amendment, I hope that we can all agree that the con- It is a fraud. It is not democracy. It is saw fit to reserve the power of who will rep- stitutional decision of who should represent carrying forth a political promise. resent the people in the Senate for them- the residents of a particular district are the vot- I implore my colleagues on the other selves. ers of that district, not those of us sitting here side of the aisle and others who believe The pertinent part of the 17th amendment today. To suggest otherwise is to arrogantly that they are compelled to support this states that ``the Senate of the United States place ourselves above the Constitution. H470 CONGRESSIONAL RECORD — HOUSE February 12, 1997 We are wise to be wary of too much Gov- it is a constitutional amendment we ing interests; States rights; monopoly ernment intrusion into the lives of our citizens. are asked to adopt, it is reasonable to power; environmental safety. No easy How arrogant would it be to say to the eligible ask its proponents just what they answers here. voters of America that we know what is best want, what they seek to accomplish. Well, Superfund reauthorization, for you when it comes to choosing who will Now it gets a little confusing, a little plagued by litigation and delay; we represent you. Let us put an end to this non- murky. One faction insists that Con- need solutions regarding retroactive li- sense and get on with the business that the gress is too remote and unresponsive ability; a stable and fair funding people of America sent us here to do. and is more interested in reelection stream. An easy task? I do not think I am not in favor of deciding for the Amer- than in serving the people. We will call so. ican people exactly who will be available to this the Bob Novak wing because he is Encryption of electronic communica- serve as a Member of Congress and who will its most zealous advocate. But the tions; reconciling the needs of com- not be by virtue of their previous service. other faction, led by George Will, says merce with the needs of defending this This issue borders on the absurd. This reso- we are too close, too responsive to the country from terrorists and law en- lution has the effect of penalizing a Member people, and term limits will put some forcement. Not too easy. Medicare and because he has the experience of represent- needed constitutional distance between Social Security reform, the effect of ing the people of his district. us and a too demanding constituency. I the baby boom retirements on all our Make no mistake. By seeking to limit the ask, which is it, fever or frostbite? Are social insurance programs, ABM de- terms of the representatives of the people, you we too distant or are we too close? fense, China, human rights versus trad- are actually limiting the will of the people. It appears to me term limits support- ing with the most populous country in Mr. Chairman, allow me to make a simple ers are standing on two stools and as the world. analogy. Term limits equals forced terms. they separate, they are in danger of I have not scratched the surface. But By offering this resolution, you are not only getting a constitutional hernia. It is a this is no place for amateurism. A Con- seeking to limit the terms of elected Rep- mighty strange rationale to amend our gressman who makes a career of public resentatives. You are seeking to force the Constitution when its staunchest advo- service, who is willing to make the sac- terms under which a citizen may vote for his cates cannot agree on its consequences. rifice and the commitment develops a or her representative. You are forcing citizens Speaking of journalistic anomalies, record, a standard of comparison to be to accept terms and conditions that are unac- syndicated, columnist and talk show judged by from election to election, ceptable. You are dictating to the voting popu- celebrity Bob Novak also publishes a and he is accountable for the long-term lation that these are the terms by which we newsletter with his partner Rollie consequences of his action. No hobbyist think you should elect someone else to rep- Evans. No one this side of the editorial legislator, no part-time lame duck leg- resent your concerns in Congress. page of the Wall Street Journal is more islator can share that kind of motiva- The voice of the American people is heard vigorously committed to term limits tion. when the vote of the American people is cast. than Bob Novak. But I received in the Term limits will encourage early Let us not muffle the resounding voice of the mail the other day an advertisement exits. An attractive job offer comes American people by limiting the vote of the for the Evans and Novak political re- along, you take it when it comes along American people. I urge my colleagues to re- port and believe me, it is a symphony because it might not be there when ject this resolution. to experience. your term is up and you have to leave. Mr. CANADY of Florida. Mr. Chair- In fact on page 4 it makes a memo- Term limits will reduce competition man, I yield such time as he may rable claim, and I quote: consume to the gentleman from Illi- for office. Why run this year when the Between the two of us, Rowland Evans and seat will be vacant in 2 years? A sys- nois [Mr. HYDE], chairman of the Com- I have been reporting on Washington and na- mittee on the Judiciary. tional politics for a combined total of 90 tem that does not reward effectiveness (Mr. HYDE asked and was given per- years. and seniority will discourage the most mission to revise and extend his re- I guess if you put their years of re- capable, the very people we desperately marks.) porting end to end, they would have need. Term limits diminishes the op- Mr. HYDE. Mr. Chairman, I would started when the senior Senator from portunities to develop strong ties with ask my friends not to ask me to yield South Carolina was 4 years old. your constituencies, with your commu- because I have a lot to say and a lim- Should we adopt a three-term limit nities. It diminishes the incentives and ited time within which to say it. version, enormous superclasses will the opportunities, and this is no virtue. The popularity of term limits is a enter the House in 6-year cycles and Term limits hands off power to the measure of the low esteem our citizens developing effective leaders will be a bureaucrats, the lobbyists, the execu- have for politics and politicians. Some roll of the dice. A revolving door mem- tives and the other body, thus debili- of my colleagues may think that is bership means a revolving door leader- tating democracy in this Chamber. fine. I think it is dangerous. Of course ship with no continuity, no stability, Under term limits this Chamber will be the way we attack each other and the and certainly no historical memory. peopled by young men and women way we demean this institution in Imagine telling these statesmen they starting their careers, plus the few every campaign, it is no wonder we are cannot serve any longer, their 6 years older people who will lose nothing by held in contempt. But before we leap are up or their 12 years are up: John serving a term or two in Congress. But off the cliff, before we amend the Con- Quincy Adams, Henry Clay, Arthur missing will be those in mid-life who stitution, we might give some passing Vandenberg, Everett Dirksen, Sam must give up careers in law or business deference to our Founding Fathers who Ervin, Hubert Humphrey, Henry Scoop for a career of public service. We need over 200 years ago rejected term limits Jackson, Barry Goldwater, Bob Dole, them all, the young, the old, and those for Congress as they fashioned for us a ROBERT BYRD, Bill Natcher, LEE HAM- in the prime of life. Such a rich and representative democracy. ILTON. Would we survive as a free Na- varied mix makes this place a real I can remember the time when cyni- tion as strong as we are without these House of Representatives. cism was a pathology, not the rule, people? When we amend the Constitution, we when it was an honor to be elected to Implicit in the argument for term should expand liberty, not diminish it, public office. As our Nation hurtles for- limits is a premise that serving in Con- not contract the voters’ choice. This ward into an evermore complicated gress is not a particularly difficult job. amendment is not conservative. It is world, how self-destructive it is to jet- Scholars say that 200 years ago Tom reactionary. It echoes the 1960’s theme, tison our most capable leaders when we Jefferson knew everything that was ‘‘never trust anybody over 30.’’ need their wisdom, we need their judg- worth knowing. Well, today that is The last time we debated this issue, ment so terribly much. hardly possible. Just think of the range we opponents were accused of arro- Freedom is always in crisis. America and the depth of knowledge necessary gance, that we were the only ones who has need of its giants with their sense to deal with just a few of the issues were qualified to govern. On the con- of the past and their vision of the fu- that confront us: trary, the beginning of wisdom is ture. To adopt term limits is to play Electric power deregulation, a $208 knowing how much you do not know. Russian roulette with the future. Since billion industry with countless compet- And if there is any arrogance here, it is February 12, 1997 CONGRESSIONAL RECORD — HOUSE H471 among those who have no idea how dif- propriately discussed this issue in its seems to me, of the flaw, namely that ficult it is to draw the line between lib- philosophical context because we are the people are a bad influence in this erty and order and would deny the vot- talking here about as fundamental a place and if we can somehow diminish ers the right to choose whom they will question as can be addressed in the their influence, we would be better off. to help draw that line. body of elected officials. But even that argument is flawed. b 1145 Mr. HYDE. Mr. Chairman, will the There was a period in American history gentleman yield? during the 1980’s when conservatives, In a very sad way, this amendment Mr. FRANK of Massachusetts. I yield liberals, Republicans, and Democrats demeans public service as a corrupting to the gentleman from Illinois. resolved their differences by agreeing influence. It reeks of cynicism and pes- Mr. HYDE. Mr. Chairman, I thank to each other’s deficit-enhancing pro- simism. the gentleman. posals. So we wound up with more do- Let me tell my colleagues a story. On I made an error in my remarks. I re- mestic spending, more military spend- March 15, 1783, in Newburgh, NY, some ferred to the senior Senator from ing, with tax cuts, and the result was a officers in the Revolutionary Army South Dakota, whom I have no interest ballooning of the deficit in which all met to plot an insurrection. They were in mentioning, but I meant the senior parties were somehow complicit. furious at an uncaring Congress, one Senator from South Carolina; and I But we have now seen a very drastic that had not paid them or their hungry wish to correct that in the RECORD. public shift. People are now driven to troops in a long time. Mr. FRANK of Massachusetts. Mr. reduce that deficit by the very public Suddenly in their midst General Chairman, reclaiming my time, the influence that the proponents of this Washington appeared and asked leave gentleman is correct, and I think in amendment want to kick out. It is the to address the group. Out of respect for the future just refer to him as the sen- worst example of cultural lag seen in a him, they let him speak. At the end, ior Senator from the Earth and that long time because it builds on a tem- Washington wanted to read a letter would probably make it clear to people porary period in American history. from a Congressman explaining why to whom the gentleman is referring. And it was, if we look at this, and I there were no funds to pay the troops. Mr. Chairman, there are a number of am sure historians will conclude this, General Washington searched for his lesser arguments that can be made on the term-limit movement was a spe- spectacles because he could not read this which counter the arguments in cific response to people frustrated not the letter. When he found them, he favor. One argument has been, well, it with the system of American govern- said, ‘‘You will permit me to put on my is too hard to defeat incumbents. We ment but with the results that were spectacles, for I have grown blind in know of course that that is simply no being produced by that system at a the service of my country.’’ longer factually true. There was a pe- particular period in history, and that is Now, there are no General Washing- riod in our politics when incumbents no longer there. ton’s among us, but there are a few seemed to be hard to defeat. But even if I did not agree on those whose long and faithful service de- I was always puzzled by that argu- two points, even if I did not agree that serves admiration and respect, not ob- ment, still am. We must be the only the amendment has been weakened on livion. profession in the world in which an in- those two points, I would be fundamen- Public service is like climbing a dication that your employers are very tally opposed to this amendment be- mountain. The view from halfway up is satisfied with your work is taken as a cause, as the gentleman from Illinois better than the view from the bottom. sign that something is terribly wrong. pointed out, this essentially seeks to And the higher one climbs, the more If anyone in any other business main- alter democracy, to reduce the choices the horizon expands, and near the top tains a good relationship with those of the voters. It is at bottom a view, as one can see sights one never knew ex- who decide whether or not to continue the gentleman from Illinois has con- isted. to use the services, that is considered a sistently and courageously articulated, The right to vote is the heart and the good thing. A doctor, a lawyer, a gro- it is at bottom a view that says we can- soul, it is the essence of democracy. Do cery store manager, a shoe repair per- not trust the voters. not artificially restrict the choices son, a teacher, anyone whose employ- The voters are, according to the pro- available to the voters on election day. ers say, ‘‘Great job, keep at it,’’ anyone ponents of this amendment, too easily If the consent of the governed means to whom people keep returning for seduced. The voters must be put in anything to my colleagues, then our their custom is generally considered to some kind of fetters. Because we leave task today is to defend the consent of be very good at their job. to the voters of America, uncon- the governed, not to assault it. Do not But in our case being approved of on strained, the choice every 2 years of give up on democracy. Trust the peo- a regular basis by those to whom we who should represent them in the ple. owe primary allegiance has been con- House of Representatives and every 6 Mr. CONYERS. Mr. Chairman, I yield sidered by some to be a bad sign. But years who should represent them in the myself 1 minute. even by that, it seems to me a wholly Senate, two fairly profound choices, My colleagues, I think we have heard flawed measure. The arguments for and this amendment says leave to the from one of the most thoughtful of our this amendment have decreased. Peo- unconstrained choice of the American Members. The chairman of the Com- ple know how to throw out of office people who they wish to have represent mittee on the Judiciary sets an exam- those who they do not feel are serving them every 2 years and every 6 years ple of the kind of comity that he talks them well. Members here have been de- and the results will be bad. about, because he has reported out a feated, Members have been turned out. What else can that be but a negative bill that he may not agree with. He has In fact, let us be very clear. The un- judgment on the competence of the done it expeditiously and on time. He derlying amendment here, the 12-year voters? What else is it but a notion has neither incurred the wrath nor amendment, we will get back to this that the voters are too easily bam- stimulated the rancor of any member when we get the amendment from the boozled? We would be in a terrible situ- of the Committee on the Judiciary, and dean of the House, the gentleman from ation if that were the case. I think that the RECORD should reflect Michigan, [Mr. DINGELL]. The unknown We have a sad problem in parts of the it from those of us who serve on the amendment which would add 14 years world. Algeria was an example. What committee. to what everybody now here serves do we do when we bring democracy to Mr. Chairman, I yield such time as he would apply to less than 20 percent of a voting public and it votes to end de- may consume to the gentleman from the House. In fact, 12 years is already mocracy? That is a fundamental philo- Massachusetts [Mr. FRANK], the distin- an upper limit for many, many Mem- sophical problem for those of us who guished ranking member of the sub- bers. believe profoundly in democracy as a committee. We also heard the deficit argument. guarantor of the basic rights of human Mr. FRANK of Massachusetts. Mr. And the people said, well, the deficit beings. Chairman, I thank the ranking member was caused by all these people trying We do not believe in democracy be- for yielding me this time and I am hon- to get reelected. I will return to that cause it is fun to sit up on election ored to follow the chairman, who ap- argument because that is the core, it night. We believe, given the inherent H472 CONGRESSIONAL RECORD — HOUSE February 12, 1997 nature of human beings, when we give foreign policy, no one is proposing that racy that must be ongoing in our inter- one set of human beings consistently every 12 years they have to leave. est. Well-intentioned, the best bureauc- power over another, we better give I do not use the term ‘‘bureaucracy’’ racy in the world will make those mis- those over whom the power is offered in a negative sense. Some of my close takes. some self-defense weapons, because relatives are bureaucrats. I have an So two streams come together. First, people have a tendency to abuse power enormous respect for those who work this is an amendment that says the and wield it to their own interest. for this Federal Government because, American experiment in giving the The ability to vote for or against in many cases, particularly in these people unrestrained power to decide them on a periodic basis is that fun- areas of expertise, they are very, very who should represent them every 2 damental guarantor, the nearest we talented people working for far less years was a mistake. That was not, of can come, in this imperfect world, to compensation than they would get in course, the experiment, as the gentle- fairness on the part of the voters. the private sector. woman from Texas pointed out, of 1787. So we get this amendment, which We are lucky that we have lawyers b 1200 says that does not work, and let us re- willing to work as prosecutors for a strict what the public can do. Let us small percentage of what they would That did not become American prac- tell the public that there is one set of get if they were out there in the pri- tice until the 1920’s. And in fact prob- choices they can make. vate sector. We are lucky there are ably not even until the 1960’s. It was And, by the way, people have said, dedicated scientists working purely to not until after the passage of the Vot- well, what about the Presidency? First, try to find ways to combat illnesses ing Rights Act and the other constitu- I do think we can make a somewhat when they could make more in the pri- tional amendments dealing with other stronger argument for limiting an ex- vate sector. restrictions until we got rid of literacy ecutive than a legislator, but I oppose But one of the jobs that we have, as tests and poll taxes of a discriminatory both. we all know, is to intervene on behalf kind. But we have had now in America, In 1985 our former colleague, Mr. of our constituents, whether they be I believe, as unconstrained a democ- Vander Jagt, of Michigan, introduced a individuals or municipalities or busi- racy as it is possible to have in a mod- constitutional amendment to repeal nesses or labor unions. We intervene on ern complex urban society. the limiting amendment on the Presi- behalf of individuals when they have Can we not be proud of that? Can we dent. He wanted to allow Ronald been unfairly treated. And there are no not be proud of the fact that in Amer- Reagan to run for a third term. I co- perfect institutions in this world. Bu- ica there are fewer formal restrictions sponsored that amendment, although I reaucrats, as much as I admire them, on the ability of citizens to vote for will confess that if my colleagues will from time to time treat people un- their Representatives than I believe in polled me, I probably would have come fairly. That happens to everybody. any other society with which I am fa- out leaning against a third term for My ability to intervene on behalf of miliar. Have the results really been Mr. Reagan, but I thought democracy my constituents, my staff and I, is en- that bad? I do not think so. I think meant people had a right to do some- hanced by the experience we have. I America still is a place of great envy in thing even if I was not going to ap- will tell my colleagues that now I am a the world. We certainly still are from prove of the outcome, and I have con- better advocate for those in my con- the immigration standpoint, from the sistently supported a repeal of that. stituency who may have been treated problem that everybody wants to come But there is even a stronger argu- unfairly than I was in my first and sec- here. ment for doing this with a legislator. ond and third term. It may level off Our economy, the state of our lib- One might argue an executive accretes after a while, but if we adopt a 12-year erty, all of us can find flaws, but all of too much power. I do not agree that term limit, and this is, of course, a us I think would acknowledge that that is a reason to overcome democ- fortiori if we do a 4-year or a 6-year they are in pretty good shape. And the racy, but it is an argument that cannot term limit, we then have to figure mechanism for improving on them be made. There has not been a single most people will not serve up to the must be self-correction. I do not want legislator in the history of this country limit. to add further. Add term limits to the who can be deemed to have accumu- People will begin to see, as the gen- line-item veto and the first President lated the power in foreign policy, in tleman from Illinois pointed out, they to serve during that era of term limits committing troops to war, in appoint- will begin to see the term limit ap- with a line-item veto, I guarantee you ing Federal judges that any President proaching and they will start taking will be the most powerful President in has if he is there for a year. There is a alternative jobs. No one will wait until the history of the United States, be- great disproportion. the minute they have to go out the cause the legislature will have put one Indeed, that is another reason to be door to do alternative planning. So more shackle on itself and ended a two against this amendment. One is the they will start leaving. They will live centuries old tradition in America of constraint on democracy. The other is for the private sector and other public expanding the freedom of the voters. this amendment would do more to alter jobs. The median service in this place We did it with direct election of Sen- the balance in favor of the executive will go down very substantially. ators, with doing away with property and against the legislature than any What that will mean will be that the rights, with empowering African-Amer- other single action we could take, with institutional memory in this city will icans, with letting women vote, with the possible exception of the legislative be almost exclusively an executive reducing the vote to 18. veto. branch institutional memory. We will With the exception of the 22d amend- And it is interesting, I read in The have experienced, dedicated executive ment, which I think was obviously just Hill this morning that some of the Re- branch appointees and executive fear of FDR coming back again, with publicans who were all for the legisla- branch personnel dealing with rel- that exception, every time we have tive veto are now worried about how it atively inexperienced legislators and amended the American Constitution might enhance Bill Clinton’s power too staff. regarding our system, we have ex- much and are thinking of ways to re- I am not one who thinks this will panded democracy. This would be the strict the use of it. That is an entirely help the legislative staff. Legislative most significant reactionary act, as reasonable fear. But this one would en- staffs tend to go with the Members, the gentleman from Illinois correctly hance the executive even more. particularly the personal staff, those labeled it. No one is proposing, nor would any- who do a lot of the constituency inter- Let us not tell the American people one, I think, propose term limits for vention work. We will greatly enhance that we have decided after 200 plus the bureaucracy. We certainly do not the power of the executive, even a years of successful and expanding de- want to say that nuclear engineers, term-limited President. Because it is mocracy that the fundamental premise medical research supervisors, prosecu- not the President’s policies we are that we can trust the voters, uncon- tors, other very important specialists often dealing with when we intervene strained, to make the best decisions in in this Government, people who are ex- on behalf of our constituents, it is the their own interests was a mistake, and pert in fission, people who are expert in ongoing bureaucracy, and a bureauc- passing an amendment that so severely February 12, 1997 CONGRESSIONAL RECORD — HOUSE H473 limits them, the most severe limita- the House in the last few years. The lem we are trying to solve. Term limits tion on the right of the voters to have voters have voted out old and young may sound like a catchy idea, but the been put forward in the history of this alike. They have discovered that some existing limits, called elections, are country. Do not undo the very proud of the newer Members are totally out the best way to go. democratic history of this country. Let of touch, some of the more veteran I ask Members to vote ‘‘no’’ on House us continue to be a beacon to the world Members are in fact more in touch and Joint Resolution 2. of what representative government, need to be returned, and they have Mr. CANADY of Florida. Mr. Chair- electoral freedom, unconstrained, can used that power. man, I yield 7 minutes to the gen- produce. Mr. Chairman, we should not tleman from South Carolina [Mr. Mr. Chairman, I thank the gentleman trivialize the Constitution with amend- INGLIS]. for indulging me in the time. ments that are not necessary. We have Mr. INGLIS of South Carolina. I Mr. CANADY of Florida. Mr. Chair- before us so many variations on that thank the gentleman for yielding me man, I yield 2 minutes to the gen- amendment that it is so clear that we the time. I appreciate the opportunity tleman from New Jersey [Mr. have not studied this sufficiently to to have this debate on the floor of the LOBIONDO]. know which version is the correct ver- House today and to have this historic Mr. LOBIONDO. Mr. Chairman, one sion. In fact, we have not even decided vote on term limits, the second in the thing I wanted to start off with is I what the problem is. history of the country. often hear where a great American, one As the gentleman from Illinois indi- Let me start by thanking the chair- of our Founding Fathers, is quoted in cated, some have said that voters need man of the Committee on the Judiciary this great body of ours. We refer to him to be closer to the people, that Con- who spoke very eloquently before, often, sometimes when it is more con- gressmen need to be closer to the peo- against term limits, but to thank venient than others, and that is Thom- ple. Others have said if this passes we HENRY HYDE for being willing to let as Jefferson, who in 1787, soon after will be further away from the people. It this come through his committee and formulating our Constitution, this is is like snake oil. Whatever you want, for being willing to let there be this de- bate on the floor of the House so that what he had to say: ‘‘The second fea- this will cure. ture I dislike—about the new Constitu- We also have a question of how close the American people can hear the de- tion—and greatly dislike, is the aban- legislators ought to be to special inter- bate and know that their voices are being heard. It speaks very well for the donment in every instance of the ne- ests. In fact, in your first term, you are chairman to allow that to happen, and cessity of rotation in office.’’ more beholden to special interests than This is Thomas Jefferson, one of the you are when you have served a num- it also speaks well for the leadership of this House. people we put a great deal of faith and ber of terms. That is because after you Speaker GINGRICH promised that trust in. Before I came to Congress, I have established yourself, you can when we failed in the Contract With believed in term limits and after hav- raise your own money and you can get America to get enough votes to propose ing served here for 2 years, I feel your own votes without having to rely a constitutional amendment here in stronger than ever before that this is on the special interests. People want the House, he promised that this would absolutely the right way to go. I think Congressmen to be more interested in be the first substantive vote of the new that term limits are needed so that we the people’s business. Congress if he were still Speaker. Here As the gentleman from Massachu- can maintain the energy level nec- we are at the first substantive vote of essary to keep up with what is nec- setts pointed out, when each Rep- this new Congress, promises made, essary to give 150 percent, and I think resentative comes and has to look to- promises kept, I very much appreciate it is somewhat questionable if you can wards the next job instead of a career the integrity of the leadership for see- do that after 25 years, or less than where you are required to attend to the ing that happen. that. people’s business, you will find that So with thanks to the leadership and I think it is necessary to make sure legislators as soon as they arrive will thanks to Chairman HYDE for allowing that Members stay in touch with their be looking towards that next job, many this to come through the committee, I district, the real world. While this is of which may be employed by the var- would start by saying, Mr. Chairman, where we work and vote, the real world ious special interests that we may be that the issue of term limits is one is back in our districts. That is what voting on their interests. that the American people understand we need to keep the link with. I think Mr. Chairman, we have a situation in to be the best reform we could bring to we need to make sure that Members Congress where we are very conten- the institution of Congress. There has stay rooted in what their constituents tious and we want to improve the at- been a lot of discussion about whether feel strongly about, what they feel pas- mosphere in Congress. But if you think we need term limits in order to get rid sionately about, what is on their about that, are we more likely to be of experienced people. minds. In my belief, term limits will courteous to those that we are going to The chairman of the Committee on help us do that. Creating a healthy have to spend an indefinite amount of the Judiciary particularly spoke to turnover among Members will make time with or those we know we will not that. I would differ slightly with that. our Federal Government less respon- see after next year? I do not think that is really necessarily sive to the needs of special interest And then finally we find an interest the goal of term limits, to throw out groups and more responsive to the to listen to the people. The people have people with experience. Because in fact needs of everyday Americans that we expressed their interest in term limits, we have no objection in the term limits are entrusted to represent. and we find this very resolution will effort if HENRY HYDE wanted to run for I do not imagine, and I cannot con- overrule the specific expressions of President, I would be one of the first to ceive, that our Founding Fathers ever many States who have said that 6-year sign on to the HENRY HYDE for Presi- would have envisioned elected officials term limits are preferable, not 12. So if dent committee. We do not have a making a career out of politics. we listen to the people, we should re- problem with that kind of experience. Mr. CONYERS. Mr. Chairman, I yield ject House Joint Resolution 2 because What we do have a problem with is a such time as he may consume to the it would not allow the shorter limit Congress made up of incumbents who gentleman from Virginia [Mr. SCOTT], a that people have spoken to. In fact, are virtually safe in their House dis- distinguished colleague of mine from some States do not want term limits at tricts, such that there is almost no way the Committee on the Judiciary. all. We should have adopted as in order for them to be defeated. As evidence of Mr. SCOTT. Mr. Chairman, the gen- the amendment of the gentlewoman that, let me present some statistics tleman from Illinois has outlined the from Texas [Ms. JACKSON-LEE] which about the reelection rate of House in- reason why we have to have experience would give the States the option if we cumbents, starting in 1990. and the necessity of having experience are going to have any term limits at In 1990, of those incumbents who and the value of democracy. We also all. wanted to come back, in other words, have to look at the fact that people Mr. Chairman, we have not deter- some people retire, some people get in- have already used their power to vote. mined which version is appropriate. We dicted, I suppose, some people do what- There has been significant turnover in have not even determined what prob- ever and leave this House. But of those H474 CONGRESSIONAL RECORD — HOUSE February 12, 1997 who wanted to come back, 96 percent media quite frequently in your local guished member of the Committee on came back in 1990. In 1992, the year district, the result is, particularly here the Judiciary. that I came here, 88 percent of incum- in the House, significant advantages to Mr. WATT of North Carolina. Mr. bents, those who stood for reelection, incumbency. What we see is that Mem- Chairman, I thank the gentleman from who wanted to come back to serve in bers are able to create virtually safe Michigan [Mr. CONYERS] for yielding the House, came back—88 percent rate seats in cozy House districts. time for this purpose and appreciate of reelection. Then in 1994, the rate of b 1215 the opportunity to debate this impor- reelection was 90 percent. That is in- tant issue. teresting, because a lot of people as- Term limits would change that, and I believe in support of democracy of sumed that in 1994 we had major some would criticize and say, well, the people, by the people and for the change, significant change here in the then in the term limit effort it would people. House, and we did get some change. A be inconsistent to allow, say, HENRY Now we are going to hear some peo- lot of that change came from open HYDE to run for President. I do not ple on the other side who will probably seats. Very little change came from ac- think so. I think that it would be won- say they are the ones that are in sup- tual losses by incumbents to chal- derful if the gentleman from Illinois port of democracy of the people, by the lengers—90 percent were reelected in [Mr. HYDE] wanted to run for Presi- people and for the people, but I think 1994. And in 1996 we were back up to a dent; I would again sign on. we can make the only evaluation of 94-percent rate of reelection. In other Not many people in the term limit ef- that. words, 94 percent of us who wanted to fort had much of an objection, for ex- I rise in opposition to this proposed come back, came back as a result of ample, to Governor Reagan running to amendment, and I plan to vote in oppo- the 1996 election. be President Reagan. We do not lose sition to all of the proposals that will This does not indicate that the the talent that everybody is talking come to the floor today. I think term American people are terribly satisfied, about losing out of this body; we just limits, first of all, a bad idea, and I will I do not think, however. Some would redirect it. The talented Member of run through quickly the reasons; a lot use these statistics to say, ‘‘Well, that Congress can run for Governor, and the of those reasons have been mentioned is because they love me. That is why talented Senator can run for President, here today. they keep sending me back.’’ I do not and between President and Governor I think term limits would have the think that is exactly it. I think it is there are dozens of other positions for effect of turning our democracy over to mostly that there are tremendous ad- those folks to fill very capably and to the experienced staff people who staff vantages of incumbency. The biggest continue making a contribution to the committees. Those people do not one is fundraising. Of course the way public service. answer to any electorate out there, but we have got the campaign finance sys- We do not want to discourage public they are going to be here regardless of tem set up, the PAC system rewards in- service in term limits. What we want whether I leave or do not leave, and cumbents. It protects incumbents from to do is bring in some fresh folks. they end up setting the policy. voters. It makes it so that incumbents Now of course the argument is that a I think term limits significantly become virtual shoo-ins for their re- clear majority of the people in this would alter the balance between the election. House have been here for less than the legislative and executive branch, and Some would say, therefore, that is an term limit that we are proposing, my colleague, the gentleman from argument not for term limits, that is which the one that will get the most Massachusetts [Mr. FRANK] has ably an argument for campaign finance re- votes, of course, will be the 12-year pro- talked about that; so, I think it is a form. I would agree that it is a good ar- posal. That may be true. But what we bad idea for that reason. gument for campaign finance reform, have to look at is the number of people I think term limits would probably but even if we get campaign finance re- in the senior positions in the Congress significantly reduce voter turnout, and form, and I certainly hope we do, there and have they been here longer than I cannot prove this by any statistical are still tremendous advantages to in- that term limit. The answer is ‘‘yes,’’ study, but it just seems to me that we cumbency. they have been here. So while we get are already having trouble getting peo- In 1992, I was one of these folks who change in this body, it is typically at ple to turn out to vote. Limit terms to was running in a challenge race. Dur- the lower levels of the body, not in the 2 years or 4 years or 6 years; people ing the course of the 1992 campaign, leadership roles. It is critical to get have even less inducement to go out just as a very small illustration of that kind of change even at the higher and vote because the person is going to what I am talking about, about the levels. be reelected for that period of time and other nonfundraising advantages of in- Mr. CONYERS. Mr. Chairman, I yield they are going to be gone after that pe- cumbency. I was invited on precisely myself 30 seconds, and I ask my distin- riod of time, so why bother to go out one plant tour. I got that one oppor- guished colleague from South Carolina, and vote? tunity to tour a plant because one of who serves on the Committee on the And contrary to the arguments that my partners prevailed upon his client Judiciary, has he considered the propo- many of my supporters of this amend- who owned the plant and begged my sition of self-limiting terms of Mem- ment will assert, I think term limits way in to tour his plant. One plant bers? I think he is an example of that. have the effect of increasing the influ- tour. Everybody that is a Member of Mr. INGLIS of South Carolina. Mr. ence of special interests because the Congress, I am sure, sitting here, has Chairman, will the gentleman yield? minute one gets elected to serve in this had the same experience. Mr. CONYERS. I yield to the gen- body they stop looking for a position Now, as an incumbent, there is a list tleman from South Carolina. to land in after they are no longer of people who would be happy to have Mr. INGLIS of South Carolina. Mr. here, whether it is the U.S. Senate or me come tour their plant. Generally Chairman, I think that term limits, it whether it is some corporate position. I what happens is people sort of stop pro- is wonderful if somebody will apply the think it has the effect of increasing the duction, they gather people around, limit to themselves, but we need uni- influence of special interests. and it turns into a town meeting. It is versal limits, I believe, across the But those are my bad-idea reasons a wonderful opportunity for them, and board. for being opposed to this amendment. I a way to hear about their Government, Mr. CONYERS. Mr. Chairman, I have want to talk a little bit about the con- and I appreciate that, and it really is a a growing list of people who are self- stitutional aspects of this because I very valid thing about going there and limiting their term, and I do not say agree with the chairman of our com- doing the plant meeting and having the gentleman started this, but there mittee, the gentleman from Illinois that opportunity. But it is also a sig- are others that are doing it. We might [Mr. HYDE], who said that this proposal nificant advantage to incumbency, not want to consider this in the mix of pro- is not a conservative idea, it is a reac- just in fundraising but in these other posals. tionary idea, and I said that over and things. Mr. Chairman, I yield such time as he over again because many of my col- Then when you consider the fact that may consume to the gentleman from leagues have heard me say on the floor you have the opportunity to be in the North Carolina [Mr. WATT], a distin- that I actually think I am the most February 12, 1997 CONGRESSIONAL RECORD — HOUSE H475 conservative Member of this body. I am guing to me no, we are not altering the into the Constitution, how did the gen- the one who comes to the floor consist- fourth amendment to the Constitution tleman feel, although he was not a ently and fights for the Constitution of by doing this, we are not doing any- Member of Congress at the time, nor the United States as it is currently thing. was I—— written, and as my conservative col- Well, I say what is wrong with the Mr. WATT of North Carolina. Mr. leagues, who are always claiming to be language of the fourth amendment? Chairman, I suspect the gentleman is conservative, who keep running these Why not support that? And it was my getting ready to ask me about some constitutional amendments at us: the colleagues here who overwhelmingly amendment. term limits amendment, the balanced voted down the specific provisions of Mr. GEKAS. If I could just inquire, budget amendment, the line item veto the fourth amendment. how did the gentleman feel about the amendment, the school prayer amend- In the context of preparing to offer limitation of the term of presidency to ment—this amendment, that amend- that amendment, I did a little looking two terms? ment—an unprecedented number of around, and I found that if we polled Mr. WATT of North Carolina. Mr. proposed amendments to the Constitu- the American people, a substantial ma- Chairman, reclaiming my time, we are tion of the United States were offered jority of them would say: I do not sup- not debating that. I was not here then. in the last quote unquote conservative port the 1st amendment, the 2d amend- I probably would have voted against it term of Congress by my conservative ment, the 3d amendment, the 4th if I had been here because I would have colleagues, this one perhaps is the amendment, the 14th amendment, and thought that it was a significant alter- most arrogant one of them. on and on and on. The Constitution was ation. But that is not what we are here There is the sense of arrogance that written as the framework for democ- to talk about today. I did not go back goes with the notion, I think, on the racy to withstand the kinds of attacks and vote then. I was not even a Mem- part of my colleagues that they can do that evidenced themselves in popular ber of Congress then. a better job of writing the Constitution polls. Mr. GEKAS. Mr. Chairman, if the than the Founding Fathers of this And in the testimony before our com- gentleman would yield further, in that country did. They are smarter than mittee, in the testimony before the case, like in any constitutional amend- Madison and the people who were writ- Committee on the Judiciary, I was just ment, we do defer to the right of the ing the Constitution back at that time, flabbergasted to hear an intellectual people to make that final judgment by even though this Constitution has sur- conservative come before our body, and the State legislatures that have to vived all of these years and has worked I am not supposed to name names so I adopt the amendment. so well for our democracy. The arro- am not going to call the name, and say Mr. WATT of North Carolina. I am gance of these people is particularly I support term limits because this pro- sure that is true, and I am sure that is evident in this proposed amendment, vision is not relevant to today’s soci- true of this amendment too. That does because we have got all kinds of dif- ety. And I say, well now. Is the first not defeat the purpose for which I rise ferent variations of it. We have got amendment relevant to today’s soci- today, and I hope my colleague does nine different proposals that we are ety? Our debate has gotten shrill, our not think it does. going to vote on today to amend the debate has gotten very partisan and I thank the gentleman for yielding Constitution. mean-spirited in many cases. Does that me time, and I hope my colleagues will We got one that would give us 2-year mean we ought to rewrite the first listen to their chairman of the Com- terms and the senators two 6-year amendment to the Constitution also? I mittee on the Judiciary, in this case terms, the so-called Arkansas version. guess not relevant to today’s society. Chairman HYDE. We have got one that they call the Col- What about the fourth amendment to Mr. MCCOLLUM. Mr. Chairman, I orado version. We have got one that the Constitution? There is a lot of yield 2 minutes to the gentleman from they call the Idaho version. We got one crime out there on the streets. Does Oklahoma [Mr. ISTOOK]. they call the Missouri version. We have that mean we ought to turn over to the Mr. ISTOOK. Mr. Chairman, I rise in got a Nebraska version, a Nevada ver- Government and the police the author- support of the constitutional amend- sion, a South Dakota version, and all ity to kick in our doors, and search our ment for uniform national term limits: of these people are coming in here say- homes, and tap our phones, in an un- 12 years for a Member of the House, 12 ing, I am the conservative. We even got limited way? Maybe the fourth amend- years for a Member of the Senate. a group out there, so-called term lim- ment is not relevant to today’s society. The only way to establish term limit its—what is that group, U.S. Term My colleagues, this framework was parity among all States is to pass the Limits—who is saying, ‘‘If you put any based on democracy and government of amendment. The one we are voting on version of this bill on the ballot other the people, by the people and for the creates uniform national term limits, than the version that I support, then people. It is the people who vote every placing no State at a disadvantage. I we are going to write you up, and you 2 years to send us back here or not send am committed to that prospect. are required to put something on the us back here. And the notion that we Some support a 6-year term limit for ballot to say you did not support my ought to say to them, ‘‘Oh no, we have Members of the House, allowing Sen- version of the term limits.’’ got to distance ourselves from you, we ators, however, to serve 12 years. They That is arrogance. That is arrogance do not want you to have this kind of call it 3 terms versus 2, but it is 6 years on the part of my colleagues who say, influence in our system;’’ my col- and 12 years. That is lopsided. If Sen- oh, no, I am conservative. If they got leagues, it is dangerous and counter- ators could serve twice as long in the some conservative philosophy, at least democratic. Congress as Representatives could, it it ought to be consistent. There ought I encourage my colleagues to support means more power for the Senate and not be 9 different versions of conserv- the principle of democracy and rep- less for the House. Is that what we atism, each one of which is parading it- resentative government that says it is want? self in this body as being the conserv- the people who control our democracy, Senators only face the voters once ative version. That is arrogance, my allow the people to continue to speak. every 6 years. Members of the House colleagues. Do not restrict them. Please do not re- face the voters once every 2 years. Finally, let me caution us against stricted them. Which one is more responsive to the this idea that we ought to be writing a voters? b Constitution based on polling informa- 1230 We want uniform service by those tion. Let me caution us against that. Mr. GEKAS. Mr. Chairman, will the who are most responsive, not placing For those of my colleagues who follow gentleman yield? them at a disadvantage by saying they this body, they will remember that I Mr. WATT of North Carolina. I yield can only serve twice as long. was the person who came to the floor to the gentleman from Pennsylvania. Now, some who promote term limits last term of Congress on a crime bill Mr. GEKAS. Mr. Chairman, I was just in fact are promoting a shift of power. and offered the specific language of the wondering, in listening to the gen- We believe in the principle of term lim- fourth amendment as an amendment to tleman about the right of the people to its. We have it on Presidents. We have the bill because my colleagues kept ar- determine what may or may not go it in State legislatures. We have it in H476 CONGRESSIONAL RECORD — HOUSE February 12, 1997 city governments. We have it on many I will, however, vote in favor of an care has grown 22 percent since 1980. It governors. The proposition has already amendment offered by the gentleman did not take me a career to figure that been established in this country. It is from Virginia [Mr. SCOTT] which says out. I am willing to do something dominantly supported by the people. the States may choose to do that if about it, and I have not planned my The real and proper question is to ask, they want to for the delegations within life around staying up here. I want to what is the right way to go about it? their State. I will vote for the amend- do a good job while I am here, and I If the voters want to change a Presi- ment that says States may set a lesser want to go home and be part of my dent, they can only do so every 4 years. amount of time within that State’s del- community. If they wish to change a Senator, they egation. Therefore, if they want to set, I think term limits would change the can only do it once every 6 years. A for example, less time for the House Government for the better, undoubt- Federal judge is there for a lifetime. A than the Senate, they can do so. I edly so, and 70 percent of the public, if professional bureaucrat is there for think it is a bad idea, myself, but I had a chance to vote on it, I think who knows how long. A Member of the think the States should have that au- would agree with me and disagree with House serves every 2 years and is held thority. the opponents. accountable every 2 years. Why would Finally, I intend to support the Din- Mr. CONYERS. Mr. Chairman, will we say we want them to be the weakest gell-Barton amendment that will be of- the gentleman yield? among all of the elected persons in fered that says that the idea of term Mr. GRAHAM. I yield to the gen- Washington? It makes no sense. I sup- limits, the maximum time to be con- tleman from Michigan. port 12 and 12, uniform national term sidered for term limits, is considered Mr. CONYERS. Mr. Chairman, I limits, and urge their adoption. retroactively. In other words, it will would inquire of the gentleman if he Mr. MCCOLLUM. Mr. Chairman, I apply to all of us in this Chamber has heard about the concept of self- yield 3 minutes to the gentleman from today. If term limits is in fact a good limitation of terms that Members are New Mexico [Mr. SCHIFF], a member of enough idea that we support it or that beginning to impose upon themselves? the committee. we invite the States to support it, then Mr. GRAHAM. Mr. Chairman, if I Mr. SCHIFF. Mr. Chairman, I thank it is a good idea to start immediately may respond, yes. And I have limited the gentleman for yielding me this and not to start on some day in the fu- myself to 12 years because I think that time. ture. is a reasonable period of time, sir. Mr. Chairman, term limits is a policy Mr. MCCOLLUM. Mr. Chairman, I Mr. CONYERS. I thank the gen- issue. There is not one single right an- yield 2 minutes to the gentleman from tleman. swer or wrong answer as to whether South Carolina [Mr. GRAHAM]. Mr. MCCOLLUM. Mr. Chairman, I term limits should be adopted or not. Mr. GRAHAM. Mr. Chairman, I thank yield 2 minutes to the gentleman from It is a question of what policy do we the gentleman for yielding me this Missouri [Mr. HULSHOF]. wish for the Congress of the United time. Mr. HULSHOF. Mr. Chairman, I have States. Mr. Chairman, I intend to support here in my hand a copy of the Con- There are a number of reasons in the gentleman from Florida [Mr. stitution, about which there has been favor of passing term limits, and I be- MCCOLLUM] and his bill, because it is much debate here today. I believe that lieve that they have been and will con- uniform: 12 years for the House, 12 the Founders created this document tinue to be adequately presented here. years for the Senate. I would like to which outlined the principles by which There are a number of reasons to op- give my colleagues my views of some of we have been governed and continue to pose term limits, which again I think the things that have been mentioned. be governed, but they also provided, have been very well voiced here today Bureaucrats and term limits: The ar- through article V, a means by which and will continue to be. gument is if we rotate people through we can add to this document. I am going to support the term limits this body too quickly, we empower the That is why we are here today, to de- amendment for this reason: I believe bureaucratic side of government. My termine whether, under article V, Con- that we here in the Congress who are limited experience of 2 years tells me gress shall deem it necessary to enact most affected by this decision should that the most cozy relationship in the term limits, and I am in favor of a con- share this decision with the people of world in Washington is senior bureau- stitutional amendment subject to rati- the United States through their legis- crats with senior people in Congress fication by the States. latures. In other words, I can think of serving on committees, because one We are a government of the people, no reason why we should withhold this knows how to take care of the other, not a government of a select few. Our policy decision within the Congress. I and the biggest fear most bureaucrats Founders fled the shores of England to believe that we should share it with have is new people asking new ques- come to this great country to escape a the State legislatures by voting in tions. So I do not buy that one bit. tyrannical leader and a government of favor of a constitutional amendment. What do the people think? I would elitists. The State legislatures then can adopt challenge my colleagues to go out and The fact is, Mr. Chairman, I am a this amendment or not adopt this ask people on the street, and they will newly elected Member here, and there amendment, but that will be the final find out that 70 percent of them sup- has been some discussion about the decision. The final decision is not made port term limits in some fashion, but if word ‘‘arrogance.’’ Let me give my col- in the House of Representatives or in we had a national referendum there leagues an example of arrogance. the other body, in the U.S. Congress. would be no doubt in my mind that During the waning weeks of the 1996 I have to say, however, I feel very there would be overwhelming public campaign, the former Congressman strongly that if we are going to propose support for term limits on this body. from my district, a 10-term incumbent a constitutional amendment, we pro- That does not mean the people who oc- career politician, exhorted the voters pose it on an equal basis for a number cupy the jobs are evil, it just means in my district to repudiate my can- of years, whatever that number of people paying the taxes want change in didacy with the words, ‘‘a freshman years is, between the House and the their government. cannot accomplish anything in Con- other body. There is absolutely no real What would that change be? It would gress’’. That arrogant attitude with reason why the number of years that is fundamentally change the way we view which that statement was uttered is a maximum cap on service should be our job in Congress. The issues of the somewhat the same self-important at- different between the two Houses of day, like Social Security, Medicare, titude that is the subject of this debate Congress. That would serve to make they are complicated but they are not and drives some in the opposition. only one House essentially more power- beyond the grasp of everyday people to They say we cannot trivialize the Con- ful than the other House, which is con- understand. stitution, as I have heard mentioned. trary to the intentions of the Framers I know why Social Security has a Mr. Chairman, this is a living docu- of the Constitution, I believe. So I will problem. We are borrowing money from ment, and it is time for us to enact the vote against those amendments which the Social Security trust fund and will of the people. Let the one among propose to offer different maximums spending it to run the Government and us who believes himself to be irreplace- between the two Houses. we need to stop it. I know why Medi- able in this Chamber, let him cast the February 12, 1997 CONGRESSIONAL RECORD — HOUSE H477 first vote ‘‘no.’’ But as for me, Mr. concerns are right, but their answer for him to approach a third term, he Chairman, I intend to enact the will of and their solution is wrong. stepped down because, he said, people the people. We do need congressional turnover needed that opportunity. Mr. CONYERS. Mr. Chairman, I yield and fresh ideas, but we need those ideas Finally, I think we just simply have myself 1 minute and 15 seconds to in- to be combined with the balance of ex- to realize as we work on legislation, as quire of my new freshman colleague, perience and expertise. we propose it, and as we vote on it each the gentleman from Missouri [Mr. Mr. Chairman, there is a learning day, that we need to feel that we have HULSHOF], whose statement we wel- curve for every job and the same is to go back and live under the laws that come and whose presence we welcome true for Members of Congress. To im- we helped create. I am strongly in sup- to the Congress. Some arrogant career pose automatic term limits would port of the 12-year-term limitation politicians said a freshman cannot ac- greatly increase, and I think this is amendment. complish anything in Congress. I pre- very important, greatly increase the Mr. FRANK of Massachusetts. Mr. sume that the gentleman has some- power of paid congressional staff, lob- Chairman, I yield 3 minutes to the gen- thing to accomplish in this noble body, byists, government bureaucrats, and I tleman from Texas [Mr. EDWARDS]. correct? might add all of those other elected Mr. EDWARDS. Mr. Chairman, term Mr. HULSHOF. Mr. Chairman, will government regulators. The general limits is an idea whose time has come the gentleman yield? public does not understand that. If and gone. It is a feel-good constitu- Mr. CONYERS. I yield to the gen- they did, they would recognize how ill- tional amendment that does not belong tleman from Missouri. advised these automatic term limits in that cherished document. Term lim- Mr. HULSHOF. Mr. Chairman, it will really are. its is a simplistic solution to the com- be incumbent upon me in the next cou- b 1245 plex challenge of making our Federal ple of months to prove that declaration I do not have time to go into the re- Government work more effectively. It to be false, yes. is a bad idea, an idea that limits the Mr. CONYERS. Reclaiming my time, volving door syndrome, where Members would spend their time making sure rights of citizens to vote for or against Mr. Chairman, the people in Missouri whomever they choose. believe the gentleman, that he can do they had a good, soft job with the spe- We all know this issue is going to be it, and we will be watching and wait- cial interest groups they were working defeated today, so would it not be bet- ing. with when they were in Congress. After ter if we moved on to the issues that Now, does the gentleman plan to im- all, you have to have a job after you truly affect the daily lives of average pose self limits on his term of office? leave. I will not go into that. working families in America, issues How does the gentleman look at this, But I do say that the widespread pub- such as balancing the budget and wel- regardless of what the body does here lic concern should now be directed to fare reform and crime and education today? campaign financing reform. I think for their children, health care? Mr. HULSHOF. Mr. Chairman, I have what we need is the level playing field pledged to the people back home in the between Members and challengers, so How absurd and how dangerous it 9th Congressional District that I do not the challengers can have the means would be to have the Committee on Na- intend to make a career out of politics. whereby they can get their message tional Security, which oversees a $250 Mr. CONYERS. Well, wait a minute. out to the voters. billion annual budget and literally That is wonderful, but does the gen- The answer is genuine campaign fi- makes life and death decisions over the tleman plan to limit the number of nancing reform. We have that legisla- lives of young men and women in uni- terms he intends to serve? tion before us, from Senators MCCAIN, form serving this country, to have that Mr. HULSHOF. Mr. Chairman, I have FEINGOLD, the gentleman from Con- committee arbitrarily chaired by made that statement public, yes. necticut [Mr. SHAYS] the gentleman someone who might have been in this Mr. CONYERS. Mr. Chairman, can from Massachusetts [Mr. MEEHAN] and House only 4 years. It just simply does the gentleman divulge to us, just be- myself. It is a bipartisan effort. not make sense, and it would not be tween us, how many he plans to serve? Mr. Chairman, we do need reform, right for our military personnel or for Mr. HULSHOF. Absolutely, I would but term limits are not the solution. I the future of this country. be happy to. Of course that is depend- say term limits, no; genuine campaign Mr. Chairman, the passage of an arbi- ent upon the good people of my dis- financing reform, yes. trary term-limits amendment would trict, but when I ran for this seat back Mr. MCCOLLUM. Mr. Chairman, I create a Washington Mardi Gras for in 1994 unsuccessfully, and again here yield 1 minute and 30 seconds to the District of Columbia lobbyists, staff, in this last election, 12 and 12 as pro- gentleman from Utah [Mr. COOK]. and bureaucrats, people over whom av- posed by the gentleman from Florida Mr. COOK. Mr. Chairman, for years I erage Americans have little or no con- [Mr. MCCOLLUM]. have worked to make term limitation trol. The fact is, Americans are exer- Mr. MCCOLLUM. Mr. Chairman, I a reality. I launched and led the term- cising the concept of term limits envi- yield 2 minutes and 15 seconds to the limitation initiative drive in the State sioned by our Founding Fathers. It is gentlewoman from New Jersey [Mrs. of Utah, because the people of the called voting. It is called an election. ROUKEMA]. State of Utah, indeed the people of The fact is that over 60 percent of (Mrs. ROUKEMA asked and was America, want term limits. I did not House Members in this body have been given permission to revise and extend believe that we could get it through elected since 1990. Mr. Chairman, I re- her remarks.) the legislature. I was very skeptical spect those who genuinely believe in Mrs. ROUKEMA. Mr. Chairman, our that we could get it through the Con- term limits, but I hope the national Constitution is a document that has gress of the United States. media or someone might create a ‘‘hall stood the test of time for over 2 cen- Quite honestly, I think with respect of hypocrisy’’ for those who believe it turies, and I think every person in this to this issue, the arrogance is reserved should be a crime to serve in this Con- Chamber should admit that the Found- for those who absolutely insist they gress for more than 6 or 12 years but ing Fathers got it right and vote down know better than the people, and they continue to serve here 7 or 13 or 20 these term-limit amendments. refuse to listen to the will of the peo- or 30 years. If someone truly believes it The Founding Fathers established ple. I am supporting the McCollum 12- is morally wrong to serve here more term limits when they wrote the Con- year amendment, because I think that than 6 or 12 years, then they should ex- stitution. They are called elections, to amendment is one that balances the ercise the courage of their convictions quote my friend and the chairman of importance of having experienced and not serve one day longer than the the House Committee on the Judiciary, Members, but it stops where we run term limit they vote for today. Mr. HYDE. Yet here we are today en- into the risk of having career politi- The fundamental question before us, gaged in this debate primarily because cians. Mr. Chairman, is whether in our de- the majority of the American people, Mr. Chairman, I think George Wash- mocracy we should put trust in the fueled by radio talk shows and poll- ington set the example. When there citizen’s right to vote. I choose to trust sters, support limits. I believe their was obvious near-unanimous consent the people of this great country, and H478 CONGRESSIONAL RECORD — HOUSE February 12, 1997 not some arbitrary feel-good, press-re- form its duties in this modern age ence and wisdom gained by an incum- lease, sound-bite constitutional amend- when all representatives are limited to bent, perhaps just when that experi- ment that will do damage to the rights a maximum term limit of 6 years. Such ence is needed most. of the American citizens. an arrangement simply denies the Mr. Chairman, it is worth noting that Mr. CANADY of Florida. Mr. Chair- country the crucial experience, good much of the greatest legislation of our man, I yield 5 minutes to the gen- judgment, and informed action that Nation’s history was introduced and tleman from Nebraska [Mr. BEREUTER]. our Nation and its citizens deserve. passed by Congresspersons late in their (Mr. BEREUTER asked and was The House is now confronted by far tenure as Members of Congress. Term given permission to revise and extend more complex issues than in the early limits would have unseated Daniel his remarks.) years of the Republic, and a 6-year Webster and Henry Clay 10 years before Mr. BEREUTER. Mr. Chairman, I term limit flies in the face of that in- they forged the 1850 compromise. John want to thank the gentleman from creasingly complex agenda. Sherman introduced his landmark Pennsylvania [Mr. GEKAS], a member Second, providing a 6-year term limit Antitrust Act in his 29th year in Con- of the committee, for his courtesy in for the House and a 12-year term limit gress. Paul Douglas introduced the yielding to me first. I am about to go for the Senate disturbs the delicate Voting Rights Act in his 16th year in lead the House welcome for the Speak- balance of power between the House Congress, and the list goes on. er of the Polish Parliament. and Senate, as established by our U.S. I will continue further to enlighten Several years ago, my State twice Constitution. The implications of this our colleagues about the detriments of passed term limits by large margins, imbalance would probably only become term limits, but we have already spent only to have those actions invalidated apparent over a period of years, but it too much time discussing this unneces- by the courts. But the first legislative clearly will lead to an ever more seri- sary and thoughtless amendment. I day after the voters of my home State ous erosion of power in the House of urge my colleagues to reject this expressed their support for term limits, Representatives vis-a-vis the Senate. amendment. I cosponsored legislation to institute a This Member has yet to hear one good I close by quoting Robert Livingston, 12-and-12 constitutional amendment to argument for setting different limits not our colleague, but a delegate to the limit terms of service for the two on total years of service in the House New York State Convention to ratify houses of Congress. I think it is a close and Senate. the U.S. Constitution in 1788. call whether or not it is in the national When one tampers with this delicate He said: interest and necessary to institute system, one shatters not only the bal- The people are the best judges of who term limits. Nevertheless, I bowed to ance of power between the House and ought to represent them. To dictate and con- the views of my constituents and the Senate, but also the balance of power trol them, to tell them whom they shall not people of my State. between the legislative, executive, and elect, is to abridge their natural rights. This However, it is very clear to this judicial branches of our Federal Gov- is an absurd species of ostracism—a mode of Member that I could support a con- ernment. prescribing eminent merit, and banishing stitutional term limitation only if such Finally, Mr. Chairman, a 6-year term from stations of trust those who have filled them with the greatest faithfulness. limitations were in the form of an limit, by reducing the experience and amendment to the Constitution so that influence of elected Members of the I suggest 60 percent has been the the congressional delegations of all House, will dramatically increase the turnover. I say to the chairman of the States would be equally affected, and if power of nonelected congressional staff subcommittee, the gentleman from such limitations were reasonable in over the legislative process, not to Florida [Mr. MCCOLLUM] and the rank- length and identical for both the House mention special interests. While this ing member, the gentleman from and Senate. Member would be the first to agree Michigan [Mr. CONYERS], I want these The organization that is referred to that the power of the nonelected con- Members to know that less than 5 per- as U.S. Term Limits has, with extraor- gressional staff is already an issue of cent of all of the legislation we have dinary funding, largely out-of-State concern, the 6-year term limit on the passed in the last 6 years has come funding, and paid circulators who fre- House will only compound that prob- from those 60 percent. I defy the chair- quently misinform voters, pushed their lem. man and the ranking member to tell ridiculous legislation to require only a Mr. Chairman, I urge the Members to the people of America, and I will go 6-year term limit for Members of the consider voting for only one approach, look up their records, how much legis- House of Representatives, while provid- if any. That is the McCollum proposal lation they passed in their first 6 years. ing for a 12-year limit on the Senate. for a 12-year limit on both houses of Mr. CANADY of Florida. Mr. Chair- This Member simply cannot in good Congress. man, I yield 2 minutes to the gen- conscience support such a 6-year term Mr. FRANK of Massachusetts. Mr. tleman from Pennsylvania [Mr. limit, as it is clearly contrary to the Chairman, I yield 3 minutes to the gen- GEKAS]. national interest. I might have a scar- tleman from Florida [Mr. HASTINGS]. Mr. GEKAS. Mr. Chairman, I thank let letter next to my name on the bal- Mr. HASTINGS of Florida. Mr. Chair- the gentleman for yielding time to me. lot next year. So be it. I am not going man, I thank the gentleman from Mas- Mr. Chairman, during the last cam- to vote against the national interest. I sachusetts for yielding time to me. paign I engaged in a series of debates have never knowingly done it, and I am A gimmick, Mr. Chairman; this with my opponent, and during the final not going to start at this time. Despite Chamber is using our precious time on one, a question from the audience was such political threats as the proposed a gimmick. While schoolhouses are the very one we are debating here notation on the ballot, this Member falling down around this country and today: How do the two candidates, the will not do something that is damaging the homeless are going without shelter incumbent and the challenger, feel to the national interest. and the infirm are going without prop- about term limits? First, 6 years is a totally inadequate er medical care, the House will spend Immediately, of course, the chal- length of time for citizens elected to its business today debating an amend- lenger indicated he was in favor of it. the House of Representatives to gain ment to the Constitution that would Surprisingly, the incumbent said that the maximum expertise in the legisla- limit the people’s choice to who shall he supports term limits, and that the tive process in the House, and to gain represent them. very fact that he was an incumbent sufficient experience to be more likely Do not just take my word for it, Mr. and was in a campaign demonstrated to consistently make informed deci- Chairman. We have the most imminent that he was for term limits, because if sions that our Founding Fathers ex- Americans over the past 220 years who the people of the district decided to do pected from the House of Representa- have opposed plans such as the one we so, they could end the term of the in- tives. are debating today. Alexander Hamil- cumbent; namely, me. While over the years people have ton made it clear that the proponents Then I went on to say that although served in the House of Representatives of term limits were shortsighted think- I believe that already in the Constitu- for less than 6 years, it is foolhardy to ers. Term limits, Hamilton argued, tion, by virtue of how we elect Mem- expect the House to adequately per- could deprive the Nation of the experi- bers to the House and to the Senate, February 12, 1997 CONGRESSIONAL RECORD — HOUSE H479 there do appear unspoken term limits, My point is that we need institu- our community, and to end what has nevertheless, I would vote for some tional memory and that memory must become an arrogance of incumbency by version of term limits when I returned be the elected Members of Congress some who have turned public service in to the Congress if my term was not who are chosen by the people who live this body into a lifetime occupation. ended by the term limits of the 2-year in their districts, not some phony balo- Being in Washington is not all it is campaign in which we were then en- ney rewrite of the Constitution because cracked up to be, I can tell Members gaged. we want to dictate to Members of a that. But it is vital that if Congress is I did so, and I stated that assertion congressional district who they can going to serve the American people on the basis that I had conducted, my- and cannot send to represent them in well, its Members not become stale and self, in my best informal way, a survey this Congress. immune to the will of the people. of my people to determine their over- I happen to live in a district in south- Term limits do not limit the ability whelming sentiment, which it turned western Pennsylvania where there were to serve the public in all manner of out to be was in favor of term limits. 150-some-thousand industrial workers ways. By serving here, we can ensure b 1300 displaced. They decided after 10 years Washington mindset does not become that they wanted to vote out one Dem- the law of the land. Term limits will So I am caught in a dilemma. I say to ocrat and vote in another Democrat. embolden Members to deal with the them, you already have term limits The gentleman from Missouri was here difficult long-term issues like reforms and you can limit my term if you want a few moments ago. He spoke about the of Medicare, Social Security, rather to right now, but you indicate that you than wield them for their political ad- want term limits embedded in the Con- fact that he defeated a 10-term incum- vantage. This behavior serves neither stitution or somehow brought into the bent. That is amazing. The system law of the land. works. the interest nor benefit of our constitu- So where are we? I have to allow my The bottom line is that the 102d Con- ents. people back in the district to vote gress, this was the election held in 1990, Term limits, some contend, restrict again on this issue, to have another saw 44 new congressional Representa- the will of the public. The fact is, voice. I will vote for the 12-year limita- tives elected to this institution. That Americans across the country over- tion. is a 10-percent turnover rate. The 103d whelmingly support limiting the num- Mr. FRANK of Massachusetts. Mr. Congress, the election held back in ber of terms a Member of Congress can Chairman, I yield 5 minutes to the gen- 1992, in which I came in, was one of the serve. Already 23 States have enacted tleman from Pennsylvania [Mr. KLINK]. largest classes in the modern era; 110 such limits on their legislators. The Mr. KLINK. Mr. Chairman, I thank new Members came in, 25-percent turn- people have spoken. We must pass term the gentleman for yielding me. I just over rate. The 104th Congress, 1994, saw limits so that Members of Congress came from a telecommunications sub- 86 new congressional Representatives will no longer be tempted to protect committee hearing. We are taking up and the very first time in 40 years the their political careers at the expenses the whole idea of spectrum, which to a Republicans were in control of the of their constituents, or the Nation’s, lot of you may not sound like much, House. The people of this Nation did best interest. but it is the frequencies upon which we that. That was a 20-percent turnover Mr. FRANK of Massachusetts. Mr. broadcast all our radios and our tele- rate. Chairman, I yield 3 minutes to the gen- visions. The 105th Congress, 1996, saw 74 new tleman from New York [Mr. BOEH- We are moving in this day and age Members of Congress being elected. LERT]. toward a digital high-definition tele- That is a 17-percent turnover rate. (Mr. BOEHLERT asked and was given vision which will enable everyone in Term limits at the ballot box are work- permission to revise and extend his re- this country to receive a movie quality ing. We do not need this amendment. marks.) picture at the same time they will have Overall, of the 435 Members in this Mr. BOEHLERT. Mr. Chairman, I rise sound like you have never heard before. Congress who are serving in the 105th in strong opposition to term limits. We had a great exhibition of that Congress, 315 of us have served 10 years Maybe I have spent too much time re- today. or less. viewing the thinking of James Madison My point in all of this is that this This is a waste of time. It is a fraud and Thomas Jefferson but I find the ar- discussion to move toward this new in- being perpetrated upon the American guments for term limits a bit hard to dustry, which will render 250 million public. Member after Member gets up follow. television sets in this Nation com- and says, well, the public wants this. Term-limit proponents say they are pletely obsolete probably sometime When you constantly run and beat up trying to strengthen democracy. Yet in over the next decade, began back in the this institution, the public does not limiting the voters’ choices, they are 1980’s. And even though I had 24 years have a good image of us. They do not exhibiting a profound distrust of de- as a broadcaster before I came to this undestand that we are people who have mocracy. Term-limit proponents say Congress, I had not dealt with the spe- walked away in many instances from they are populists who are trying to re- cifics of spectrum law. And so I am good law practices, my job in broad- turn power to the people. Yet term lim- very dependent upon those Members casting to come here to serve. I cannot its take away power from the people. who have served here, who have been guarantee you that my wife and I Term-limit proponents say they are through these debates so that they can would have agreed 6 years ago or 5 trying to make the Congress more re- help to guide me as to where we have years ago to run such a campaign, to sponsive. Yet by forcing Members into been in this Nation and where we are run a campaign for Congress if I knew lame-duck status, term limits elimi- headed. that I could only be here for 6 years or nate the greatest incentive to abide by Likewise in matters of defense, I had 8 years or 10 years or 12 years, rather. the public’s wishes. a Member tell me that when he was on I do not know how long I will be here. Term-limit proponents say they are the Committee on National Security, I do not know how long the people of trying to limit the power of special in- he is retired now, but when he was here the Fourth District of Pennsylvania terests. Yet by forcing Members to con- in Congress and on the Committee on will send me back here. But that is be- sider their next job rather than con- National Security, he said a general tween me and them. It should be so be- centrating on their present one, term came up and talked about this very ex- tween the other 434 Members of this limits can only increase potential con- pensive weapons system and the need House and the people of their district. flicts of interest. for this system. He said it sounded Mr. CANADY of Florida. Mr. Chair- Term-limit proponents say they are great. I was ready to vote for it, until man, I yield 11⁄2 minutes to the gen- trying to make the Congress a more ef- a grizzled old veteran who had been tleman from Florida [Mr. FOLEY]. fective institution. Yet by robbing the here in Congress for 20 some years Mr. FOLEY. Mr. Chairman, I rise Congress of institutional memory and stood up and said, general, when you today in support of term limits for experience, term limits weaken Con- were here 10 years ago you were talk- Congress. They are necessary to rees- gress and strengthen the role of less ing against that system. You wanted tablish the citizen legislature, to bet- representative branches of Govern- another system. What happened? ter respond to the needs of citizens in ment. H480 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Term-limit proponents say that the work their will. In the 105th Congress, Finally term limits creates a more current system has failed us and has we have 235 Members who have been level playing field for those Members created an unchanging and unchange- here less than 3 terms. By my count who want to serve in this Congress by able Congress. Yet more than half of that is a majority. reducing the ultimate benefit that the Members of the House, here serving The system works to give us new Members of Congress have, the benefit today, were elected in 1992 or later. blood, new ideas and new enthusiasm, of incumbency in election. The contradictions go on and on. but it also provides us with the wisdom I urge my colleagues to support the Term limits are an attempt to solve a honed by experience. When Members term limit amendment to the Constitu- problem that does not exist. And they like HENRY HYDE and JOHN MURTHA tion and let us show the American peo- cannot conceivably accomplish what and JERRY SOLOMON and LEE HAMILTON ple that we truly do know how to re- their proponents promise. That is why share their insights, we would be un- form this Congress. American leaders as far back as Madi- wise not to listen. Mr. CANADY of Florida. Mr. Chair- son and Jefferson have rejected term Retiring Members of Congress for no man, I yield myself 1 minute. limits. other reason than an artificial time Today we have heard many of the Let us show our faith in the Con- limit seems very shortsighted to me. In Founding Fathers names invoked. Ear- stitution, the American people, and the the final analysis, I believe we should lier the name of George Washington democratic process. Government have faith in the voters to do the right was invoked. thing. Term limits takes the constitu- should expand our options, not limit b 1315 our choices. I say reject term limits. tional choice away from the voters and Support the choice of the American in my view we could do no more dam- Now, Washington is looking down on people. age to the intent of our system of gov- the Chamber from his portrait there, Mr. CANADY of Florida. Mr. Chair- ernment. and I think it is appropriate that we man, may I inquire of the Chair con- Mr. CANADY of Florida. Mr. Chair- consider the example of George Wash- cerning the amount of time remaining man, I yield 2 minutes to the gen- ington as we deliberate on the issue of on each side? tleman from Virginia [Mr. GOODLATTE]. term limits. The CHAIRMAN. The gentleman Mr. GOODLATTE. Mr. Chairman, I It was George Washington who estab- from Florida [Mr. CANADY] has 131⁄2 thank the gentleman for yielding me lished the example for the Presidency minutes remaining, and the gentleman the time and for his fine work on this of term limits. It was George Washing- from Massachusetts [Mr. FRANK] has legislation. I rise in strong support of ton who, two centuries ago next 51⁄2 minutes remaining. the term limits amendment to the U.S. month, left office as the first President Mr. CANADY of Florida. Mr. Chair- Constitution offered by the gentleman of the United States. Now, if there was man, I yield 2 minutes to the gen- from Florida [Mr. MCCOLLUM]. ever anyone in the history of our coun- tleman from Texas [Mr. DELAY]. I have tremendous respect for the try who could accurately be called the Mr. DELAY. Mr. Chairman, I thank gentleman from Texas, the majority indispensable man, it was George the gentleman for yielding me the whip, but I would say to him and those Washington, but he himself recognized time. who say that we do not need to do this that no one in public office is indispen- Mr. Chairman, I rise in opposition to because we can pass the internal re- sable. this proposition. I am tempted to just forms to accomplish this, yes, but how I would suggest that the Members of follow the gentleman from Illinois, temporary in nature are they and how this body reflect on the example of HENRY HYDE, and just say, me too, but does that conflict with the very same George Washington, the example which I owe my constituents an explanation argument that the opponents of a bal- he has set for leaving office and for why I will not vote for a constitutional anced budget amendment, that we are limiting terms. amendment to change the current going to take up in this Chamber very Mr. FRANK of Massachusetts. Mr. limit of terms of service. soon, offer, that we do not need a bal- Chairman, I yield myself such time as Yes, there already is a term limit anced budget amendment. We can bal- I may consume to say to my colleague written into the Constitution. Article ance the budget anyway. Yes, we can from Florida that I join in saying we I, section 2 states that the House of and this Congress has shown the deter- should follow the example of George Representatives shall be composed of mination to do that, but how often has Washington, who did not advocate Members chosen every second year by that occurred in the last several dec- term limits for Members of Congress. the people of the several States. After ades and how often has this Congress Mr. Chairman, I yield the balance of that 2-year term, the Member is offi- shown the determination to reform it- my time to the gentlewoman from cially retired. If, and only if, that self. Michigan [Ms. KILPATRICK], for our Member is selected again by his or her Term limits brings about those re- concluding remarks. constituents can that Member return forms. More importantly, it does other The CHAIRMAN. The Chair recog- to this august body. things, too. It makes this body more nizes the gentlewoman from Michigan We all know the procedures and the deliberative. If you know you only [Ms. KILPATRICK] for 51⁄2 minutes. process but it helps to be reminded have a certain amount of time here be- Ms. KILPATRICK. Mr. Chairman, I from time to time. I appreciate the fore your time will be done, you are thank the distinguished gentleman passion with which my Republican col- going to focus more clearly and more from Massachusetts for yielding me leagues have fought for this amend- enthusiastically and more forcefully on this time and allowing me this oppor- ment. They believe that carrerism has getting the job done rather than the tunity. ruined this House. I think we took care way things work in most Congresses, Mr. Chairman, I wanted to join the of that and addressed it by limiting the which is, we can always put it off until chorus of many of my colleagues who terms of our Speaker and our chair- tomorrow or next month or next year stand opposed to this amendment. As men. That is appropriate. or the next Congress. Term limits lets has been said before I arose today, by I agree that if Members of the House Members know, if you are here to get many Members who came before this willfully ignore the wishes of the something done for your constituents, forum and to this microphone, term American people on issues that are im- you have got to do it and got to do it limits denigrate people, the people of portant to the future of this Nation, promptly. this country. We give the people the they should be removed. But I submit It alters the seniority system so ability to make those decisions, and as that the system works. Sometimes badly needed to make sure that we do has been seen by several Congresses, slower than we like, sometimes messier not elevate Members to positions of and here recently in the last 2 or 3 than we would prefer, but the system leadership and power in this Congress years, the people do have the wisdom works. simply based upon how long they have and the intelligence to make the cor- Look at the success of the 104th Con- been warming a seat but, rather, based rect choices in their elected Represent- gress. We showed that reform is pos- upon merit and ability. And term lim- atives. sible, that change can happen, that the its, again, focuses us on that job as I want to point out what might not American people do have the ability to well. have been said today, and that is that February 12, 1997 CONGRESSIONAL RECORD — HOUSE H481 the legislative body of the three amount of time remaining on each ward Congress but as an affectionate meas- branches of Government is the avenue side? ure to restore Congress to its rightful role as that the people have. They cannot get The CHAIRMAN. The gentleman the branch of government. in on the executive, be it through the from Florida [Mr. CANADY] has 81⁄2 min- It is true as well that there is a sec- President or their Governor and the utes remaining; the time of the gen- ond reason. In fact, there are several President, in this instance, and his de- tleman from Massachusetts [Mr. smaller reasons why term limits are partment heads; through the judiciary FRANK] has expired. important, but the second one is pretty they have less of an opportunity to Mr. CANADY of Florida. Mr. Chair- darned important. That is because we participate in the Government. man, I yield the balance of my time to can have all of the rotation we want in It is through the legislative body, to the gentleman from Florida [Mr. the numbers of Members here, three- the House and the U.S. Senate, that MCCOLLUM]. quarters of the body, somebody said, the people can elect or not elect the The CHAIRMAN. The gentleman have turned over in the last couple of Representatives of their choice and from Florida [Mr. MCCOLLUM] is recog- congressional elections, and we can thereby let their voices be heard. So I nized for 81⁄2 minutes. still have the power vested in the think we do a horrible disadvantage (Mr. MCCOLLUM asked and was hands of the few who do stay here and and denigrate the responsibility and in- given permission to revise and extend who are not term limited in any way. telligence of the people of this country his remarks.) They are the committee chairmen, when we place a term limit for their Mr. MCCOLLUM. Mr. Chairman, I they are the powers in the leadership, elected officials. certainly appreciate the opportunity to they are the ones who control this Additionally, I think it does not re- speak today on this amendment that I place, and that is not right. ward the many Members who have have authored, the underlying one, We need term limits for the same served this institution, who have the House Joint Resolution 2, to limit the reason that we need to end careerism institutional knowledge, and are able terms of Members of the House and and special interest considerations from that institutional knowledge and Senate to 12 years. It is an amendment when it comes to those few Members hard work to prepare, in a bipartisan proposal that garnered 227 votes in the who do stay here. Let there be no mistake, better than way, the best public policy that our last Congress, the first time in history 90 percent of those who seek reelection children need. we ever had a vote on the floor of the to the House of Representatives year I believe the November 5 election House on a constitutional amendment after year after year are reelected. No states more profoundly than anything to limit terms. amount of campaign finance reform we have heard that the people want It reached in that vote a majority, a will take away the inherent powers, this Congress to govern. They want us clear distinct majority, 218 is a major- that incumbents have to have an ad- to talk about a ‘‘families first agenda’’ ity in this House, but it did not get the vantage in seeking reelection to this in a bipartisan way. They want us to two-thirds required to pass a constitu- tional amendment, the 290; and it has institution. talk about good jobs. They want us to There are those who will say why do yet to see the light of day in a vote in talk about opportunity for their chil- I not leave, or why do not some of the the Senate, where it will take 67 votes, dren, security for our seniors. others of us lead by example and just another super majority. I believe if this amendment is de- walk away? Well, I will tell my col- In the last Congress it was, however, feated it would be in the best interest leagues that voluntary efforts to lead by far and away the constitutional of this country. I believe that we allow the term limits movement will not suc- amendment proposal for term limits the people to determine who their Rep- ceed because there will continue to be that received the most votes, and I resentatives are, and that they ask us Members in those States who choose, think will be clearly demonstrated to bring those issues that are most im- who do not have term limits, to stay today continues to have the most sup- portant to them. I contend, again, that here and have the power and be the port and the best chance any time in those are jobs, they are education; it is chairman. And, unfortunately, until we the foreseeable future of receiving the environmental quality; it is oppor- have term limits, if someone walks 290 votes it takes to pass a constitu- tunity for our children, security for away in 5 or 6 years or whatever, they our seniors. tional amendment in this body and get never have a chance to be chairman of As a first-termer, I am a little dis- it to the States for ratification. the key committees of this body or to I think there are two basic reasons heartened that we have not gone to exercise those things that the members why those of us who are for term lim- those issues; that this is the first issue of their district and their constituency its, even if we dispute the number of before the Congress. And I understand sent them here to exercise in many in- that the Speaker did make that prom- years that there should be in those lim- stances. ise and that it is here before us. But I its, why we are for the term limits. That is not to say a freshman cannot think people want adequate education. Two critical reasons. be influential, that is not to say legis- I think children want opportunity. I The first is that I believe, and I think lation cannot be passed, but it is to say think it is good jobs this 105th Con- all of us do who support term limits, as long as a seniority system of some gress must concern ourselves with. that it is time to end the careerism sort exists, and it has historically in This amendment that would limit that exists and has existed in Congress every legislative body and it will for the terms of the Members of the Con- for the last few years. By that I mean the foreseeable future in this body, gress, the Members of this Congress, is the tendency of too many of our Mem- there will have to be a term limit in not a good one, and I would ask that bers to tend to vote for every interest order to be able to be fair in that proc- my colleagues on both sides of the aisle group that comes along because they ess and, I think, to restore the basic in- put aside this redundant policy. We want to get reelected. The desire is terest of this Government. have heard it over and over again, and overwhelming in many cases to be re- Now, let me say that in addition to we did have a vote in the 104th Con- elected again and again and again. this, I am particularly concerned about gress and it was defeated. I suspect I think that syndicated columnist what we are voting on in the next cou- today as we vote later on it will not re- George Will said it best in his column ple of hours with respect to the type of ceive the two-thirds majority as re- that appears in the current issue of term limits that are out here. I have quired by the Constitution. Newsweek magazine that is on the proposed limiting the terms in the We have serious work in this 105th stands today, when he said: House and Senate in an equal uniform Congress, and I hope that we would get Term limits are a simple surgical fashion, 12 years in the House, 12 years about it in a bipartisan way. Therefore, Madisonian reform. By removing careerism, in the Senate, six 2-year terms in the I raise my voice and my vote with oth- a relatively modern phenomenon as a motive House, two 6-year terms in the Senate. ers who have spoken before me today for entering politics and for behavior in of- The underlying premise of this is fice, term limits can produce deliberative to defeat this amendment and let us bodies disposed to think of the next genera- that the power of the two bodies should get to work in the 105th Congress. tion rather than the next election. continue to be in balance. We do not Mr. CANADY of Florida. Mr. Chair- This is the argument favored by those who want to see, and I do not think any- man, may I inquire concerning the favor term limits not because of hostility to- body should see the imbalance that H482 CONGRESSIONAL RECORD — HOUSE February 12, 1997 would result in a 6-year or an 8-year Those of us who want to get to the Mr. BUNNING. Mr. Chairman, I personally term in the House while we have 12 end of this game and get the 290 votes have mixed feeling about term limits. The high years in the Senate, in conference com- necessary to send a constitutional rate of congressional turnover in the past 10 mittees and elsewhere. amendment to the States should be be- years indicates that term limits are not really I also think if we are talking about 12 hind the one proposal, and that is the necessary. The votes have been doing a good versus 6 that we are talking about the 12-year proposal in the House and Sen- job of limiting congressional careers the way it lack of experience that some of the ate, that has the chance of passage in is. And I am concerned that term limits could critics of term limits themselves talk this body, and work toward getting reduce the congressional influence of small about. It seems to me fundamentally, there either this Congress or the next. States like Kentucky. from having been here and the experi- But U.S. Term Limits in particular However, there is such widespread public ence I have observed, that one needs to has developed a strategy of opposing support for the idea that I am willing to let the be here for several years before they and proposing these initiatives around people work their will on the issue through the are ready for being the chairman of the States that has been very mislead- ratification process at the State level. For that some of the major committees, not any ing. They have gotten us to the point reason, I did cosponsor, House Joint Resolu- subcommittee. The gentleman from where there are several different vari- tion 2, the term limits resolution which limits Florida [Mr. CANADY], is chairman of a ations, and they say that if we do not service in the U.S. Senate to two terms or 12 subcommittee now, just in his second vote as a Member of Congress from one years and which limits service in the House of term; I think may have been even in of those States for precisely their ver- Representatives to six terms or 12 years. I do his first. But when we start talking sion of a 6-year limit, their version or intend to vote for this version of term limits about the longer overview of the Con- none other, then we will get a scarlet today and I urge my colleagues to join me in gress and the leadership, I think that letter by our name that will say in the supporting this resolution because it is the fair- being here longer than 6 years is very next election, ‘‘Disregarded or violated est and most reasonable choice available to important to the running of this body. voter instruction on term limits.’’ us. Twelve years is an appropriate, fair Therefore, there will be Members of Mr. Chairman, article 1, section 2 of our length of time to limit both bodies to. this body today who will not vote for Constitution reads, ``The House of Represent- Mr. FRANK of Massachusetts. Mr. the 12-year or 12 in both bodies that I atives shall be composed of Members chosen Chairman, will the gentleman yield? have proposed, and will only vote for by the People of the several States * ** '' Mr. MCCOLLUM. I yield to the gen- that peculiar little niche that has been When the Founding Fathers drafted the doc- tleman from Massachusetts, just for a carved out by their States. If we keep ument that became the framework for our Na- moment, yes. on this path, we will wind up with ini- tion they had in mind one of the key principals Mr. FRANK of Massachusetts. Mr. tiatives in several more States, cannot of democracy, the peoples right to choose. Chairman, I do not mean to accuse the be in all of them because all States do I have listened to the debate on this issue, gentleman of inconsistency in not leav- not have initiatives, and there will be I have heard my colleagues decry, ``let's give ing, because he has articulated cor- multiple choices that are here for us to government back to the people * * * '' and rectly that view of it, that we should vote on where Members will be locked ``let's put an end to career politicians * * *'' not unilaterally disarm. But I would in and feel compelled to vote only for Why don't we stop the rhetoric. If you want to ask him this: their peculiar State’s initiative ver- give the Government back to the people we He and I came here together 17 years sion, and we will never get to term lim- don't need term limitsÐwe need campaign fi- ago. He points to the problems of ca- its. We will be gridlocked and the peo- nance reform because democracy is its own reerism and undue vulnerability to spe- ple opposed to term limits will prevail. best term limiter. cial interests if we are here too long. That is what amazes me about this The Founding Fathers rejected the concept Has the gentleman himself succumbed organization called U.S. Term Limits of term limits and that is why term limits were to those problems? If not, what in his and why they cannot see that they are not included in the Constitution. Their intention experience has allowed him to over- on a suicidal mission of destruction of was to let democracy take its natural course. come them? the term limits cause by their efforts I agree with them and reject the concept of Because if these things hit us after in this regard. I continue to be amazed term limits. If we want fresh ideas and if we we have been here for 12 years, have by it. want to return the Government to the people, they hit the gentleman? If not, can the In Idaho alone, one of the States that let's stop all of the rhetoric and put an end to gentleman tell the rest of us how to has this initiative process, the text ran the special interest money that pours into po- avoid those problems? 2,286 words. That is four pages of single litical campaigns and level the playing field Mr. MCCOLLUM. Mr. Chairman, re- spaced typewritten face. All that ap- with real campaign finance reform. Then we claiming my time, I want to believe peared on the ballot was 207 words. The won't need term limits because the democratic they have not hit me. It is possible full text could only be acquired by spe- process will work as the Founding Fathers in- they have. But I would say there are cial request from the Secretary of tended. exceptions to every rule. State. Most importantly, the clever Mr. ROEMER. Mr. Chairman, I rise The gentleman from Massachusetts wording on the ballot, that is, the in firm opposition to term limits for [Mr. FRANK] and the gentleman from short title, read only ‘‘Initiative in- Members of Congress. Illinois [Mr. HYDE], are probably exam- structing candidates for State legisla- Since I was elected to Congress, I ples I would point to of people who ture and U.S. Congress to support con- have been a leading advocate for con- have been here longer that may not gressional term limits. Requires state- gressional reform. I have supported have been hit with the afflictions I ment indicating nonsupport on ballot.’’ scheduling reform, cuts to committees have described. But I believe the ge- It is a very broad statement anybody and staff, and simplifying the oper- neric rule, the general order of things would support, and 70 percent of the ations of the House. But we do not need on average is that careerism does af- American people do. It said nothing term limits to make changes in Con- flict all too many Members of Congress about 6 years. If U.S. Term Limits were gress. and it influences the vote, to vote for sincere in their drive for the 6-year The last three elections clearly dem- the interests that are required to get limit, and it is their way or none, they onstrate the power of the ballot. Al- them reelected. say, why did they not declare up front most 80 percent of this body, including I would be remiss in not commenting in the title of the initiative that it re- myself, was elected after 1990. Today, on why we are here today voting on so quires support for only 6 years? 190 Members are serving their first or many variations on term limits. It I urge ‘‘no’’ votes on all these amend- second terms. would be far preferable to vote on a ments out here today. I urge my col- That is, 43 percent of the House has couple and be done with it, but we are leagues to vote not for some of these been elected since 1994. Why should we voting on these multiple numbers be- devious methods designed to defeat enact constitutionally imposed term cause there is an internecine warfare term limits, but to vote for the 12-year limits when a near majority of this going on between some of us who sup- limit on both the House and Senate. Chamber does not know what it was port term limits, and that is not That is the McCollum amendment. like to serve under democratic rule? healthy. That is the underlying bill. Within my delegation alone, 7 of 10 February 12, 1997 CONGRESSIONAL RECORD — HOUSE H483 Members—including myself—have been The bill before us today, the term limits con- wise and tips the balance of powers against elected to represent Indiana in the stitutional amendment, attempts to curtail the the legislature of this Nation. 1990’s. ability of the American public to choose their The great constitutional significance of the Mr. Chairman, real term limits are at Representative. It also weakens this Republic separation of powers cannot be questioned. In the ballot box, and that is where they by subverting some of the most important con- his famous Myers versus United States, 272 should stay. The people are the best stitutional principles that represent the founda- U.S. 52, 1926, dissent, Justice Louis D. Bran- judge of who ought to represent them tion of this Nation, the electoral process and deis said: and they can be trusted to choose their representative government. Such an abdica- The doctrine of the separation of powers representatives without government tion of congressional responsibility will cer- was adopted by the Convention of 1787, not to stepping in to arbitrarily regulate tainly undermine many of our most important promote efficiency but to preclude the exer- their choice. We should not block the cise of arbitrary power. The purpose was not efforts to enhance voting rights, civil rights, to avoid friction, but, by means of the inevi- prerogative of the American people. and our democratic system that is the envy of table friction incident to the distribution of It is unfortunate that term limits ig- the world. the governmental powers among three de- nore the need for experience in Con- Mr. Speaker, the stated purpose of this leg- partments, to save the people from autoc- gress. Rather, they will ensure that islation is to amend the U.S. Constitution by racy. unelected staff members will flourish imposing a lifetime limit of six termsÐ12 Mr. Speaker, I must also stress that the in an environment where they are more yearsÐof service and a lifetime limit on Sen- benefits of term limits are greatly exaggerated. seasoned than their employers—those ators of two termsÐ12 yearsÐof service. The Without any term limit constitutional amend- who are directly and singularly ac- measure would be applied prospectively, with ment Congress receives regular transfusions countable to their constituents. only elections and service occurring after the of ``new blood.'' If we look beyond the re-elec- Surely, we do not want to send the constitutional amendment's ratification. tion rates on a Congress-by-Congress basis, wrong message to our Nation’s bright- While I agree that Congress should continue we see that over 60 percent of the current est and most qualified aspiring public to make significant strides to enhance service House Members were initially elected in 1990 servants who might be discouraged to the people we represent, this proposed or later. If term limits of 12 years in the House from serving their constituencies if measure goes well beyond the legitimate ob- and Senate were in place, nearly half of the firmly imposed term limits are in jective of making the Government more rep- current Congress would have been ineligible place. Certainly, we do not want to resentative. The power the American people to serve when the 105th Congress convened. write this disincentive into our Con- have to select and elect Representatives to The devaluation of experience in the Con- stitution. Congress has been granted exclusively to the gress would not only be ill advised, it would be The future of this Nation depends on people by the U.S. Constitution and should not irresponsible. We cannot and should not ex- the integrity and caliber of the men be abridged. periment with the Constitution, Americans' and women leading it. Important and Mr. Speaker, a term limits amendment to right to vote, or the stability and security of substantive areas of legislation rely on the U.S. Constitution is unnecessary. The fact this Nation to satisfy a campaign promise. individuals with the wisdom and judg- is, term limits already exist. Under the current I would also like to add that the historical ment that comes only from experience. Constitution the people already have the right record for term limitations is not supported by We cannot afford to disqualify those to limit the term of anyone they elect to public a review of constitutional history, either. It is who are fit to handle the increasingly office. Every 2 years each Member of the clear that the Founding Fathers of this Nation demanding tasks of elected office. House must run for re-election. He or she believed that term limits were neither nec- Mr. Chairman, the Founding Fathers must then be judged by the voters who elect- essary or appropriate, and those who did seek used the same arguments against term ed them. It is then that the voters will deter- such limits expressed a belief that the Con- limits during the Constitutional Con- mine whether to end that Representative's stitution itself needed to be fundamentally vention. In Federalist Paper No. 53, term of office or permit them to continue to changed also. James Madison wrote that a few Mem- serve. The imposition of this arbitrary term of This lack of historical support for term limita- bers of Congress will possess superior 12 years deprives voters of an elected official tions can also be found in the Founders' tran- talents and will become masters of who has, in their opinion, served their best in- sition from the Articles of Confederation to the public business. The greater the pro- terests well. Constitution as we know it today. Although portion of new Members, Madison Establishing an arbitrary 12-year length of term limits were included in the Articles of wrote, ‘‘the more apt they will be to service for Members of the House and Senate Confederation, they were wisely specifically fall into the snares that may be laid for is contrary to the democratic principles upon excluded by the Founders of this Nation from them.’’ which this Nation is based. So cherished by the Constitution. The historical record simply Similarly, Alexander Hamilton ar- the American people is the right to vote and does not support the incorporation of term lim- gued against the concept of delegate participate in our representative form of gov- its into the U.S. Constitution. rotation in Federalist Paper No. 71, as- ernment that five historical constitutional Mr. Speaker, this legislation is unsurpassed serting that denying the citizen’s right amendments have been enacted by the Con- in its compromise of the people's right to rep- to choose their officials would ‘‘deprive gress to ensure that all Americans have the resentative government and the balance of the new government of experienced of- right to select their Representatives in Con- powers in our Nation. With very little oppor- ficials and reduce the incentives for po- gress. The 15th amendment, 1870, prohibited tunity for open hearing in the 105th Congress, litical accountability.’’ States from denying the right to vote on ac- and with limited debate, this measure has Certainly, term limits are not an ap- count of ``race, color, or previous condition of been placed before us. A measure of this kind propriate or effective solution to the servitude;'' the 19th amendment, 1920, enfran- requires detailed analysis of the impact it may problems facing our political system. chised women; the 24th amendment, 1964, have on the American people, and the great- They would undermine a cornerstone of banned poll taxes; the 26th amendment, 1971, est pillars of the American Republic: The vot- our democracy—the right to vote. And directed States to allow qualified citizens who ing franchise and the separation of powersÐ for these reasons, I urge my colleagues were age 18 or older to vote; and finally, the but no such review has, or will, take place. In to vote against the ensuing term limit equal protection and due process clauses of the current rush to force this bill through the proposals. the 14th amendment, 1868, came to be read House, the will of the American people and Mr. STOKES. Mr. Chairman, I rise in strong as preventing States from enacting suffrage the Constitution I have sworn to uphold will opposition to House Joint Resolution 2, the laws that conflict with fundamental principles certainly be compromised. I urge my col- term limits constitutional amendment. We can- of fairness, liberty, and self-government. leagues to join with me and vote against this not and should not shirk our responsibility to Term limits will upset the delicate balance of bill. act in the best interest of the American people powers crafted in the U.S. Constitution. In ad- Mr. CONYERS. Mr. Chairman, it's with great by disrespecting the founding document of this dition to taking power from the American peo- disappointment that we start the 105th Con- NationÐthe U.S. Constitution. This short- ple the term limits constitutional amendment gress with an ill-conceived amendment to the sighted legislation will not only fail to ensure will transfer a significant portion of this con- Constitution to limit congressional terms. Term better representation of the American people stitutional power to the President and the judi- limits does nothing to create more jobs, noth- in Congress, but will cruelly snatch from all ciary. The weakening of Congress by arbitrar- ing to increase our standard of living, and Americans their ability to express their will ily prohibiting our most experienced legislators nothing to clean up the campaign finance through the ballot box. from serving this Nation in the Congress is un- laws. If Republicans were really interested in H484 CONGRESSIONAL RECORD — HOUSE February 12, 1997 dealing with the advantages of incumbency, revision, we should assure ourselves that the evitably fail to highlight the many difficul- we would be voting on campaign finance re- amendment is fully justified; will not have ties inherent in the amendments. form, not term limits, as the very first measure adverse, unintended consequences; is fully For example, support for a balanced budget enforceable; and is consistent with our con- amendment drops precipitously when the we consider this Congress. stitutional values. Unfortunately, the public is informed it will jeopardize our com- I don't believe the proponents are as eager amendments being considered in this Con- mitment to Social Security. And flag burn- to pass this measure as they would have us gress are motivated more by partisan poli- ing and school prayer amendments are far believe. Although many Members advocate tics than by sound policy considerations. less popular when voters realize they would term limits, they oppose applying the limits im- Advocates of a flag desecration amend- result in a first-ever modification of the mediately to themselves. As Chairman HYDE ment cannot point to outbreak of disrespect First Amendment. At a time when a major- has so eloquently, stated this is like ``the fa- for the flag warranting constitutional ac- ity of the public believes Newt Gingrich mous prayer of St. Augustine who said, `Dear tion. Studies indicate that in all of American should step down as Speaker, polls would history, from the adoption of the U.S. flag in God, make me pure, but no now.'' When 94- seem to be a thin reed to justify these radi- 1777 through the Supreme Court’s first flag cal constitutional changes. year-old, 8-term Senator STROM THURMOND desecration decision in 1989, there have been Bumper-sticker politics aside, now is not can claim to support term limits, you know we fewer than forty-five reported incidents of the time to substitute poll-driven constitu- have a serious credibility gap on this issue flag burning. By propounding a constitu- tional amendments for serious legislative de- within the Republican Party. tional amendment under these cir- liberation. Nothing in any of the amend- And while this may be a radical idea, I con- cumstances, we succeed only in trivializing ments being considered in this Congress tinue to have faith in the scheme of Govern- the Constitution. would create a single job, prevent a single ment laid out in our Constitution when the Similarly, given that twenty-nine states crime, educate a single child or clean up a have already amended their Constitutions to Founding Fathers rejected term limits. Alexan- single environmental waste site. The Con- protect crime victims, there is no compelling stitution has provided us with the most en- der Hamilton got it right when he wrote term justification for a federal victims’ rights during and successful democracy in history, limits ``would be a diminution of the induce- amendment. Although victims’ rights groups and unless we’re absolutely convinced of the ments to good behavior * * * [and deprive] argue that a constitutional remedy is nec- need for change, we ought to give our cur- the community of the advantages of * * * ex- essary to overcome a supposed conflict be- rent political system the benefit of the perience gained in office.'' tween these state laws and a defendant’s doubt. I also continue to have faith in the fun- right to due process, to date no federal appel- Mr. YOUNG of Alaska. Mr. Speaker, due to damental good judgment of the American vot- late court has found such inconsistency to a family emergency, I am forced to return exist. ers, who already have the power to impose Repealing the Fourteenth Amendment’s home to Alaska. During my absence the term limits. Congressmen must face the voters birthright citizenship clause illustrates the House will again take up the important issue every 2 years and Senators every 6 years. problem of unintended consequences. Tying of term limits. On two occasions, Alaskan vot- Denying these voters the right to elect the per- the citizenship status of children to their ers voiced and voted their support for term son they think best represents their interests parents creates a permanent underclass of limits. In the November 1996 election, a ma- turns the very principal of democracy on its people having no national allegiance; those jority of Alaskan voters passed a ballot initia- head. born in the United States would be unable to tive requiring Congress and the State legisla- I would also remind those who support term report legal abuses for fear of deportation. ture to support a very specific term limit meas- It’s no wonder that in her last official speech limits that the notion of a career Congress as chairwoman of the Immigration Commis- ure. which they decry so vehemently is an absolute sion, the late Barbara Jordan declared, ‘‘To In response to previous calls for term limits myth. Recent congressional turnover has been deny birthright citizenship would derail [the] by Alaskans, I supported a term limits amend- incredibly high, more than one-half of the cur- engine of American liberty.’’ ment to the Constitution when it came to the rent Members of the House were elected with- Constitutional amendments requiring a House floor in the 104th Congress. House in the last 4 years. balanced budget and two-thirds majority to Joint Resolution 73, offered by Congressman increase taxes threaten to create constitu- The best safeguard we have against ramp- MCCOLLUM would have limited congressional ant special interest abuse are Members who tional ‘‘rights’’ with no meaningful remedy. It’s impossible to identify which branch of term limits. I followed the wishes of my fellow have been around long enough to know the government, if any, would be empowered to Alaskans by supporting House Joint Resolu- ropes and know where the bodies are buried. enforce the amendments. The amendments’ tion 73. I had planned to again follow the If the voters understood that the effect of term meaning is also opaque: Would they apply to wishes of my constituents by supporting a limits would be massive transfer of power to bills reducing tax revenues in some years but term limits proposal this week. However, due congressional and executive branch staff as increasing them in others? What’s the mean- to this family emergency, I will be at home in well as corporate and foreign lobbyist, they ing of the supermajority tax amendment’s Alaska when this vote takes place. wouldn't be quite so enamored of the idea. exception for ‘‘de minimis’’ tax increases? Mr. GILMAN. Mr. Speaker, I rise today in The term limits amendment contradicts Given a choice between an elected official be- what is perhaps our most fundamental con- opposition to any attempt to limit the terms of holden to the voters and an unelected bureau- stitutional principle: majority rule. There is Members of Congress. Some of the most well- crat or lobbyist, I think the voters would prefer little difference between forcing citizens to meaning; thoughtful, and patriotic individuals to place their trust in the elected official every vote for a particular candidate and denying of our day are strongly in support of term lim- time. them the ability to vote for that same per- its, inside and outside of this body. We are re- House Joint Resolution 2 trivializes the Con- son. Instead of giving us more responsive minded that some polls tell us a majority of stitution and belittles those who would serve ‘‘citizen legislators,’’ term limits are more our fellow citizens, at least in principle, support their country by belonging to this body. I urge likely to result in a transfer of power from term limits. the Members to oppose this short-sighted con- elected representatives to unelected Con- gressional staff, federal bureaucrats and cor- Nevertheless, it is our responsibility, as stitutional amendment. porate lobbyists. guardians of the people's liberties, to oppose I am attaching an article I have written re- Finally, the school prayer amendment di- such undemocratic and self-destructive steps cently describing my concern with term limits rectly undermines the First Amendment’s backward. and other proposed amendments to the Con- establishment clause. Although the amend- I believe that the concept of limiting the stitution we are expected to vote on this Con- ment purports to prevent states from com- number of terms that elected officials may gress. pelling students to join in prayer, it serve is against the spirit and intent of our [From the Nation; Feb. 24, 1997] wouldn’t limit the authority of the schools form of Government. Our Founding Fathers or teachers themselves, who could begin MAKE NO AMENDS every day with the delivery of a sectarian debated the issue of including term limits in (By John Conyers, Jr.) prayer before a captive audience of children. our original Constitution, but rejected the idea The 105th Congress is expected to consider Any student gathering could become a com- as undemocratic. It is just as undemocratic as many as seven separate constitutional petitive ground for students to organize and now as it was 210 years ago. amendments, including proposals to prohibit protest their religious views, irreparably American history bears out the wisdom of flag burning, provide for victims’ rights, blurring the separation of church and state. that decision at our constitutional convention. eliminate automatic birthright citizenship, Given these clear-cut policy problems, why Some of the giants during the formulative is Congress contemplating the most far- balance the budget, require a supermajority years of our Republic devoted their lives to vote to increase taxes, limit Congressional reaching constitutional overhaul since the terms and permit school prayer. very first Congress approved the Bill of public service because they were not encum- Amending the Constitution is the most se- Rights? Proponents can only fall back on a bered by term limitations. Henry Clay, except- rious—and irreversible—action Congress can series of polls indicating public support for ing those periods that he served in the cabi- take. Before approving any constitutional these dubious propositions. But the polls in- net, served in both Houses of Congress from February 12, 1997 CONGRESSIONAL RECORD — HOUSE H485 1810 until his death in 1852Ða period of over been serving for more than 10 years, and less and I reintroduced that proposal biennially 40 years. Daniel Webster, Thomas Hart Ben- than 10 percent for more than 20. Would you through the 104th Congress. I know that some ton, and John Quincy Adams are just a few invest in a company whose executive board other popular term limit proposals promote a other great Americans whose greatest con- had that great a turnover? wouldn't you con- 6-year limit, but I believe that it is important to tributions would have been lost to all of us had sider that experience counts? maintain an equal number of years of service they been forced to retire due to term limits. Over 40 years ago, a constitutional amend- in both Houses of Congress, lest the other Most people would agree that excluding ment was ratified which limited our President body gain an inordinate amount of power. women, blacks, Jews, or Catholics from the to 2 terms. many of the same arguments used However, during consideration of term limits in right to seek office would be unacceptable. in favor of term limitations today were used the last Congress, my version was not made Wouldn't disqualifying Americans from seeking then to support limiting a President to two in order by the Committee on Rules. Given office simply because they were previously terms. It was contended that limiting terms that fact, and the number of proposals by elected equally discriminatory? Term limits would free our Presidents from political con- members of the committee with jurisdiction, I also discriminate against citizens who wish to cerns and decrease the influence of special in- decided not to reintroduce my term limits pro- vote for whoever they choose. terest groups. posal this year. Supporters of term limits contend that such After 40 years of experience, can anyone The proliferation of term limit constitutional an innovation would make elected officials honestly argue that President Eisenhower, amendment proposals, combined with the less concerned about the wishes of the peo- President Reagan, or President Nixon per- many State initiatives, has certainly not made ple. I believe that this would be highly undesir- formed better in their second term than in their for a uniformly-applied term limits proposal. able and contrary to our form of government. first? Remember that it was in Reagan's sec- We can end the debate on the best way to The House of Representatives is supposed to ond term that the Iran-Contra scandal took enact term limits by marshaling all of our re- be RepresentativeÐthe people's house. Con- place, and it was in Nixon's second term that sources to pass a constitutional amendment. versely, public officials would be far more like- he was forced to resign under threat of im- ly to cater to special interestsÐand potential peachment. Incidentally, prior to his retire- I appreciate that honest men will have legiti- employersÐif they did not have to worry about ment, President Reagan stated that he had mate differences on this issue. Some of our justifying their actions and votes to their con- come to the conclusion that the 22d amend- colleagues oppose term limits. However, the stituency. Experience in office helps legislators ment was a mistake; not because he coveted lack of success of term limits is not the result to discern self-serving arguments of special in- a third term for himself, but because he had of the battle with term limit opponents. In- terests as well as the validity of constituent come to the conclusion that the people should stead, the fratricidal battles among term limit concerns. Bureaucrats, the unelected arm of have the right to choose whether or not to re- supporters have prevented the success of the the government, would become even more tire a President on election day. cause. Sadly, it has been the actions of one powerful and arrogant, knowing full well that Personally, I am gravely concerned that the term limits group in particular, US Term Limits, they would still be around after the limit of day may come when our Nation is in the midst which, through their stubborn and often irra- those elected to represent the people is of a dire emergency and we may find our- tional attacks on term limit supporters, have passed. selves forced to change Presidents at an inap- done significant harm to the movement. In- It seems to me that those who argue in propriate time. I believe that the 22d amend- deed, given the fact that we could not gain a favor of term limits believe in the proposition ment to the Constitution, limiting Presidents to two-thirds majority in the last Congress, it that the American people are simply not smart two terms, should be abolished. made no sense for this group to vilify term lim- enough to determine when an elected official With over half the electorate sitting at home its supporters, when it was more important to has outlived his or her usefulness, or to deter- on election day, I believe we should be more gain more supporters. mine when an official has ceased to be rep- concerned about educating and encouraging While I have preferred the 6 and 6 proposal, resentative. the public to vote intelligently and putting into I voted for many different versions of term lim- I strongly believe that this is not the case, effect genuine election reform to encourage its last year. I believe that the goal should be as evidenced by the Members of Congress more qualified people to become involved in to gain the necessary majority in support of who were defeated, not just in last year's elec- the political process, to participate in primary some form of term limits whether it is the one tions but in every election, in many cases by elections, and to make informed intelligent de- I prefer or not. The consensus version may challengers who spent far less money than cisions on election day. Then we wouldn't not be the favorite of all supporters, however, they. I continue to believe that, in the vast ma- need any artificial reforms like term limitations even a 12-year limit is obviously better than jority of cases, the people know perfectly well to do the job. current law. what is best for them and are fully competent Today, we are being asked to turn back the In closing, I urge my colleagues to support to act accordingly. clock on 210 years of progress. After 2 cen- House Joint Resolution 2 so that the States Some contend that more outstanding can- turies of expanding the electorate and the may debate and ratify this proposed amend- didates could be recruited if term limits were rights of citizens, these amendments being ment. put into effect. I believe the opposite is true. proposed would restrict the rights of Ameri- I have been opposed in each and every elec- cans to make free and open choices regarding The CHAIRMAN. All time for debate tion in which I was a candidate since I first en- their representatives, and which would absolve has expired. tered public Life. However, what would be the them of the responsibility of remaining alert Pursuant to the rule, the joint reso- point in opposing an incumbent if his or her and active. lution is considered read for amend- terms were limited? It would be difficult to re- Mr. Speaker, term limits are more than just ment under the 5-minute rule. cruit outstanding candidates to run for limited a bad idea. They are a threat to our great sys- The text of House Joint Resolution 2 terms, and why bother running against Demo- tem of a representative government. Let us re- is as follows: crats if you know their days are numbered? ject these amendments and get on with the More likely, all incumbents would be unop- business of governing. H.J. RES. 2 posed until their limit is reached. Mr. CRANE. Mr. Chairman, I rise in strong Resolved by the Senate and House of Rep- I believe that the issues brought up during support of a constitutional amendment to es- resentatives of the United States of America in the course of a campaign debate are an es- tablish congressional term limits. I have been Congress assembled (two-thirds of each House sential part of representative government and a long-time advocate for term limits, in fact, concurring therein), That the following article that limiting terms would discourage, rather long before the movement became popular. I is proposed as an amendment to the Con- than encourage, new people from participating would also like to mention a word of apprecia- stitution of the United States, which shall be in these campaigns. I also question how many tion for perhaps the most effective voice for valid to all intents and purposes as part of the Constitution when ratified by the legis- outstanding persons would be willing to give term limits in this Chamber, my friend from latures of three-fourths of the several States up their career to run for public office if they Florida, BILL MCCOLLUM. BILL has been a lead- within seven years after the date of its sub- are aware that their term in public life would er of the modern-day effort to limit terms of mission for ratification: be limited. service for Members of Congress. The need for term limits to bring new blood In 1985, I introduced my first proposed ‘‘ARTICLE— into public life is a bogus argument. In fact, amendment to limit congressional service to 6 ‘‘SECTION 1. No person who has been elected less than 20 percent of today's Congress has years in the House and 6 years in the Senate for a full term to the Senate two times shall H486 CONGRESSIONAL RECORD — HOUSE February 12, 1997 be eligible for election or appointment to the Chair’s intention to call the first set of Under this initiative a Member of Senate. No person who has been elected for a rollcalls after the first three amend- Congress from Arkansas is instructed full term to the House of Representatives six ments? to support the exact provisions spelled times shall be eligible for election to the The CHAIRMAN. That is the present out in the initiative and to vote House of Representatives. intention, after the first three. ‘‘SECTION 2. No person who has served as a against any inconsistent proposal. Dur- Senator for more than three years of a term Mr. FRANK of Massachusetts. I ing the Committee on the Judiciary to which some other person was elected shall thank the Chairman. markup of House Joint Resolution 2, I subsequently be eligible for election to the The CHAIRMAN. It is now in order to offered the exact language of the Ar- Senate more than once. No person who has consider amendment No. 1 printed in kansas ballot initiative. Unfortu- served as a Representative for more than one House Report 105–4. nately, the amendment that I offered year shall subsequently be eligible for elec- AMENDMENT IN THE NATURE OF A SUBSTITUTE did not receive a majority of votes. The tion to the House of Representatives more OFFERED BY MR. HUTCHINSON voters of Arkansas have specifically than five times. ‘‘SECTION 3. This article shall be inoper- Mr. HUTCHINSON. Mr. Chairman, I detailed the constitutional amendment ative unless it shall have been ratified by the offer an amendment in the nature of a they want, and out of respect for the legislatures of three-fourths of the several substitute. people of Arkansas I am offering this States within seven years from the date of The CHAIRMAN. The Clerk will des- substitute amendment, and out of re- its submission to the States by the Congress. ignate the amendment in the nature of spect for them I will also vote against ‘‘SECTION 4. No election or service occur- a substitute. any version that does not comply with ring before this article becomes operative The text of the amendment in the na- the Arkansas language. shall be taken into account when determin- ture of a substitute is as follows: Therefore, I will vote against the bill ing eligibility for election under this arti- cle.’’. Amendment in the nature of a sub- of the gentleman from Florida [Mr. stitute offered by Mr. HUTCHINSON: MCCOLLUM], not because I am opposed The CHAIRMAN. No amendments Strike all after the resolving clause and in- to term limits but because this par- shall be in order except those specified sert the following: That the following article ticular resolution does not comply in House Report 105-4, which shall be is proposed as an amendment to the Con- with the term limit instructions ap- considered in the order specified, may stitution of the United States, which shall be proved by the voters and the people of be offered only by a Member designated valid to all intents and purposes as part of Arkansas. I will also vote against the in the report, may be considered not- the Constitution when ratified by the legis- other versions offered on the floor latures of three-fourths of the several States: withstanding the adoption of a pre- today because they too violate the Ar- ‘‘CONGRESSIONAL TERM LIMITS AMENDMENT vious amendment in the nature of a kansas language. substitute, shall be considered read, ‘‘SECTION A. No person shall serve in the As a longtime supporter of the con- shall be debatable for the time speci- office of United States Representative for cept of term limits, it was my intent as fied, equally divided and controlled by more than three terms, but upon ratification of the Congressional Term Limits Amend- a new Member of this body to support a proponent and an opponent, and shall and vote for all term limit measures not be subject to amendment. If more ment no person who has held the office of United States Representative or who then including 6-year, 8-year, and 12-year than one amendment is adopted, only holds the office shall serve for more than two limits so as to maximize the prospects the one receiving the greater number additional terms. for meaningful term limits becoming of affirmative votes shall be considered ‘‘SECTION B. No person shall serve in the law. However, I am instructed by the as finally adopted. In the case of a tie office of United States Senator for more Arkansas law and will vote accord- for the greater number of affirmative than two terms, but upon ratification of the Congressional Term Limits Amendment no ingly. votes, only the last amendment to re- Mr. Chairman, I yield 30 seconds to ceive that number of affirmative votes person who has held the office of United States Senator or who then holds the office the gentleman from Arkansas [Mr. shall be considered as finally adopted. shall serve more than one additional term. DICKEY]. b 1330 ‘‘SECTION C. This article shall have no time Mr. DICKEY. I thank the gentleman limit within which it must be ratified by the from Arkansas [Mr. HUTCHINSON] for The Chairman of the Committee of legislatures of three-fourths of the several yielding me the time. the Whole may, one, postpone until a states.’’. Mr. Chairman, as long as I have been time during further consideration in The CHAIRMAN. Pursuant to House here, I have supported term limits. I the Committee of the Whole a request Resolution 47, the gentleman from Ar- have never once voted against term for a recorded vote on any amendment; kansas [Mr. HUTCHINSON] and a Member limits at any time. and, two, reduce to 5 minutes the mini- opposed will each control 5 minutes. Today I have to rise in support of the mum time for electronic voting on any Mr. FRANK of Massachusetts. Mr. Hutchinson term limits substitute and postponed question that follows an- Chairman, I would claim the time in tell my constituents and this body that other electronic vote without interven- opposition. I am going to vote against some of the ing business, provided that the mini- The CHAIRMAN. The gentleman term limits. The Hutchinson amend- mum time for electronic voting on the from Massachusetts will control 5 min- ment is the exact language that passed first in any series of questions shall be utes. as an amendment to the Arkansas 15 minutes. The Chair recognizes the gentleman State Constitution in the general elec- The Chair would remind the Members from Arkansas [Mr. HUTCHINSON]. tion this past fall, and so I am duty that it is the intention of the Chair, Mr. HUTCHINSON. Mr. Chairman, I bound to support this. I therefore urge should a rollcall be demanded and sus- yield myself such time as I may my colleagues to vote in favor of the tained, that the Chair will cluster the consume. Hutchinson amendment. vote on these amendments. At the (Mr. HUTCHINSON asked and was Mr. HUTCHINSON. Mr. Chairman, I present time that cluster is three, given permission to revise and extend yield 2 minutes to the gentleman from three, and three. his remarks.) South Carolina [Mr. Inglis], a longtime PARLIAMENTARY INQUIRY Mr. HUTCHINSON. Mr. Chairman, and ardent supporter of congressional Mr. FRANK of Massachusetts. Mr. my State of Arkansas is one of the 9 term limits. The gentleman from Chairman, I have a parliamentary in- States that adopted ballot initiatives South Carolina has worked tirelessly quiry. dealing with term limits this past No- on this issue and deserves this body’s The CHAIRMAN. The gentleman will vember. On November 5 of last year, appreciation for his efforts. state it. the voters of Arkansas overwhelmingly Mr. INGLIS of South Carolina. I Mr. FRANK of Massachusetts. Mr. approved a ballot initiative setting thank the gentleman for yielding me Chairman, I want to make sure I un- forth the exact text of a proposed con- the time, and I appreciate the oppor- derstood. So if rollcalls are requested stitutional amendment limiting Mem- tunity to stand in support of this meas- on every one of these, and since the bers of Congress to three 2-year terms, ure. purpose of having them in there is so for a total of 6 years, and members of Mr. Chairman, I think the gentleman Members can be recorded, one assumes the Senate to two 6-year terms for a from Arkansas has a good bill that re- that there will be rollcalls, it is the total of 12 years. quires a limit of three 2-year terms and February 12, 1997 CONGRESSIONAL RECORD — HOUSE H487 really is the preferable approach. I will test for the Members on the seven away their rights. The majority has no be taking a slightly different approach amendments issued by each State to right to vote to diminish the demo- than what he just described, in that I see what the differences are. I have to cratic ballot right of any individual. will be voting for every term limit bill say that asking people what are the My right as a citizen and, more impor- that is on the floor today because I real differences among the seven sepa- tantly, the people in my district and think that if we are not successful in rate amendments is of such arcane pro- elsewhere who as citizens want the un- getting a three 2-year term limit, it is portions that it would probably be restricted freedom to vote for whoever rational then to go forward and try to ruled inappropriate to put on the Scho- they think is best every 2 years, no get the Tillie Fowler 8-year limit, and lastic Aptitude Test as too trivial. We matter what, ought not to be con- if we fail on that, then we should go are going to be taking the time of the strained because the majority do not forward to try to get the Bill McCol- House to vote on seven variants. want to exercise that right. If you in lum 12-year limit in the House and 12- People talk about term limits as an the majority do not want to exercise year limit in the Senate. That is the antidote to incumbent protection. Here your right, do not exercise it. But it is approach that I will be taking. But I we have term limits as a form of in- not democratic theory to empower a should point out that most of the cumbent protection. Every State’s majority to vote to diminish the votes American people seem to believe that 6 Members get to vote on their State’s of a minority. years would be the preferable limit. term limits so they make them feel The right of the people every 2 years As you can see here, based on surveys better and they do not get the scarlet for the House, every 6 years for the of the American people, three terms, letter. Senate, to go to the polls and pick the three 2-year terms, 6 years, is sup- I think this is a problem which indi- individual that they wish to see elected ported by 82 percent of the American cates the fundamental weakness at the ought to be unconstrained. I do have to people. Six terms, or 12 years, is sup- core of this. Where you have a principle say in closing, Mr. Chairman, that I am ported by 14 percent of the American that rises to the level of constitutional struck, and I appreciated my friend people. So the three 2-year term bills relevance, you do not have to do it in from Florida, who as I said is a man of and the various ones that will be on alphabetical order. You do not have to remarkable consistency and has been the floor today I think are preferable. bend over backwards so people will for a 12-year term limit in each of the However, I think it is very important know the difference between you and 17 years he has served here. Of course, to point out that the goal here is to get Hester Prynne. You do not have to in- he is not up to the gentleman from term limits. So if we do not vote for troduce into the House a degree of par- South Carolina in the other body who three 2-year terms, we should then vote liamentary flip-flops and hair splitting for 50 some odd years has been for a 12- for TILLIE FOWLER’s bill that calls for that is unbecoming. year term limit, I gather, or maybe he four 2-year terms. And if we are not But there is also a fundamental intel- is for a 6-year term limit. Maybe he is successful there, then we fall back to lectual problem here for the supporters showing his fealty to the principle nine the next position, which is BILL of term limits. Some are going to vote times over, because the Senator from MCCOLLUM’s bill calling for six 2-year for 6 and not 12, some are going to vote South Carolina is now in his ninth 6- terms. It seems to me that the most ra- for 12 and not 8, some are going to vote year term limit. tional approach is to attempt to get for 8 and not 6. I do have a parenthet- I think we ought to, Mr. Chairman, term limits and to move through the ical question, Mr. Chairman: Whatever vote all these down so the right of the process to see which one can garner the happened to 10? We have 6 and we have voters to untrammeled democracy re- most votes. 8 and we have 12. Apparently there is mains unchallenged. I certainly hope by the end of the day some numerological fettish on the ma- Mr. HUTCHINSON. Mr. Chairman, that we have risen above the 227 votes jority side which makes 10 terra may I inquire concerning time remain- that we got last time and demonstrate infirma because we get 6 and we get 8 ing? The CHAIRMAN. The gentleman momentum in this matter. If we have and we get 12. I cannot find any logical from Arkansas [Mr. HUTCHINSON] has 30 not, then I think there is a lesson for principle to overlook 10. seconds remaining, and the time of the us in the term limit effort to try to fig- But there is this dilemma. Members gentleman from Massachusetts [Mr. ure out how to come together on this on the majority side who favor this and FRANK] has expired. rather than splinter and thereby divide some on the minority side who favor it Mr. HUTCHINSON. Mr. Chairman, I up our vote. I rise in support of Mr. have invoked the referendum. What yield myself the balance of my time. HUTCHINSON’s bill. I think it would be a they have said is you must be for this Mr. Chairman, in response to the very preferable approach, and I cer- because there is a referendum. But we gentleman from Massachusetts, I be- tainly hope that it passes. have all these different referenda and if lieve that what the Arkansas voters Mr. FRANK of Massachusetts. Mr. you live by the referendum, you die by have done is the essence of democracy. Chairman, I yield myself such time as the referendum. If in fact we are as a They have demonstrated themselves at I may consume. body to be governed by the referendum, the ballot box, they have indicated Mr. Chairman, this is a new experi- then this fails, because there is no 38- they want to instruct their congres- ence for us. I have seen many rules in State mandate. That is your problem. sional leaders in this regard, and my the 17 years I have, I blush to admit, There is also one other problem with vote today and my actions today are served in this body, sinking no doubt the referendum that I want to address not because of any supposed scarlet let- deeper into the morass of special now, although I will have a chance to ter, but my actions are out of respect interestism with each passing year, but address it when variant plus-and-minus for the voters of Arkansas who have I have never before seen a rule where and up-and-down and when we get into given these instructions, and for that the governing principle was alphabet- the B’s and the C’s and the D’s and the reason I have offered this amendment ical order. We are being presented with S’s. The problem we have is this. What and will cast my vote today. amendments today, as one of the mem- about the argument that while it is a Mr. CONYERS. Mr. Chairman, I rise in op- bers of our staff said, it is the rollcall democratic right to elect your Rep- position to efforts to limit Representatives to a of the States. The order, if Members resentatives, in some States the people mere 6 yearsÐor three termsÐin office. The will look at it, you are getting it in al- have voted to do away with a demo- proposal, like all of the other State-inspired phabetical order. When the majority cratic right? substitutes, would make it impossible to run has to resort to alphabetical order to I think the answer is very clear. My this institution in an orderly and intelligent bring some structure to the chaos they right as a citizen to go to the polls fashion. have brought to the floor, I think that every 2, 4, and 6 years and have my If a 6-year limit had been law, none of the is an indication of some intellectual vote counted is my right and it is not leaders selected by the Republican PartyÐnot weakness. at the service of some majority that is Majority Leader ARMEY, not Speaker GING- I also have a proposal, I am tempted willing to do less. Voters, and we have RICH, and indeed not a single Republican com- but probably prohibited by the ger- the paradox, as I said we had it in Alge- mittee chairÐwould have been eligible for of- maneness rule to offer a recommittal ria, we have had it elsewhere, where fice, let alone to assume their leadership roles motion, which says that there will be a majorities may be prepared to vote this Congress. H488 CONGRESSIONAL RECORD — HOUSE February 12, 1997 And if 6-year limits are such a good idea, b 1345 Mr. Chairman, I insert for the why didn't the Republicans choose any com- AMENDMENT IN THE NATURE OF A SUBSTITUTE RECORD the language of the Colorado mittee chairs from among those Members OFFERED BY MR. MCINNIS ballot initiative as well as a letter serving in their first three terms? I think the Mr. MCINNIS. Mr. Chairman, I offer dated February 12, 1997, from the attor- answer is obviousÐa 6-year term limit does an amendment in the nature of a sub- ney general of the State of Colorado a not make sense. It would severely distort and stitute. paragraph of which in particular is per- disfigure the legislative process and recast our The CHAIRMAN. The Clerk will des- tinent which says: two-century-old Constitution so significantly ignate the amendment in the nature of Our opinion is that amendment No. that its authors would no longer recognize the a substitute. 12, speaking of this particular amend- first branch of Government. The jockeying for The text of the amendment in the na- ment, does not allow our delegation, power that would occur in this place under a ture of a substitute is as follows: speaking of the Colorado delegation, to three-term cap would be unprecedented. Amendment in the nature of a sub- vote for minor modifications, nor does A six-year limit would create a Congress of stitute offered by Mr. MCINNIS: it allow for a, quote, substantial com- lame ducks and lead to an even greater pro- Strike all after the resolving clause and in- pliance, unquote. Section 1 of amend- liferation of wealthy candidates who could af- sert the following: ment 12 states that, quote, the exact ford to abandon their business careers for a That the following article is proposed as an language for addition to the U.S. Con- few years. And the few Members who were amendment to the Constitution of the Unit- stitution follows, unquote. The terms, not independently wealthy would be forced to ed States, which shall be valid to all intents quote, exact language, unquote, are and purposes as part of the Constitution spend most of their time currying favor with seldom used in constitutional or statu- special interests so that they could further when ratified by the legislatures of three- fourths of the several States: tory drafting. They unambiguously re- their postcongressional career opportunities. quire strict compliance. ‘‘ARTICLE— This proposal would severely limit the Mem- ‘‘SECTION 1: No person shall serve in the of- So, with that, I submit both of these bers' opportunity to garner the experience fice of United States Representative for documents for the RECORD. needed to master the many important sub- more than three terms, but upon ratification The documents referred to are as fol- stantive areas of Federal legislation. Issues re- of this amendment no person who has held lows: lating to civil rights, intellectual property, Fed- the office of United States Representative or eral procurement, communications, intel- who then holds the office shall serve for STATE OF COLORADO, DEPARTMENT ligence, labor, and income tax policyÐto more than two additional terms. OF LAW, OFFICE OF THE ATTORNEY ‘‘SECTION 2: No person shall serve in the of- GENERAL, name a fewÐare all highly complex and sen- Denver, CO, February 12, 1997. sitive. A 6-year term limit would significantly fice of United States Senator for more than two terms, but upon ratification of this Re Colorado’s ‘‘Amendment 12,’’ Colorado diminish the ability and incentives for Mem- amendment no person who has held the of- Voter Instructions on Term Limits. bers to understand and positively influence fice of United States Senator or who then Hon. DAN SCHAEFER, legislation in these areas. holds the office shall serve for more than one Rayburn House Office Bldg., The Members would have no choice but to additional term. Washington, DC. turn to career staffers and bureaucrats. The ‘‘SECTION 3: This amendment shall have no Hon. SCOTT MCINNIS, result would be a massive shift of power from time limit within which it must be ratified Cannon House Office Bldg., Washington, DC. elected officials to unelected legislative and to become operative upon the ratification of the legislatures of three-fourths of the sev- Hon. BOB SCHAFFER, executive branch staffers and lobbyists. eral States.’’. Cannon House Office Bldg., I urge the Members to reject this ill-consid- Washington, DC. The CHAIRMAN. Pursuant to House ered proposal. Resolution 47 the gentleman from Colo- DEAR CONGRESSMEN: I understand there has The CHAIRMAN. The question is on been some disagreement over the interpreta- rado [Mr. MCINNIS] and a Member in the amendment in the nature of a sub- tion of Colo. Const. art. XVIII, § 12 (‘‘Amend- stitute offered by the gentleman from opposition, the gentleman from Massa- ment 12’’), Colorado’s voter instructions to chusetts [Mr. FRANK], will each control Arkansas [Mr. HUTCHINSON]. state and federal legislators concerning a The question was taken; and the 5 minutes. federal constitutional amendment on term The Chair recognizes the gentleman limits. Specifically, the issue is whether our Chairman announced that the noes ap- from Colorado [Mr. MCINNIS] congressional delegation can vote for peared to have it. Mr. McINNIS. Mr. Chairman, I yield ‘‘minor’’ modifications to the ‘‘Congres- Mr. HUTCHINSON. Mr. Chairman, I myself such time as I may consume. sional Term Limits Amendment’’ contained demand a recorded vote, and pending Mr. Chairman, from the State of Col- in section 1 of Amendment 12 and avoid the that, I make the point of order that a designation ‘‘Disregarded Voter Instruction orado and in alphabetical order on No- Term Limits.’’ quorum is not present. vember 5, 1996, the voters of Colorado Our opinion is that Amendment 12 does not The CHAIRMAN. Pursuant to House approved a ballot initiative which sig- Resolution 47, further proceedings on allow our delegation to vote for minor modi- nified their support for an exact, and I fications, nor does it allow for ‘‘substantial the amendment in the nature of a sub- stress the word exact, that is in the stitute offered by the gentleman from compliance.’’ Section 1 of Amendment 12 constitutional amendment congres- states that ‘‘[t]he exact language for addi- Arkansas [Mr. HUTCHINSON] will be sional term limit amendment; they tion to the United States Constitution fol- postponed. wanted to see added to the State of lows. . . .’’ The terms ‘‘exact language’’ are The point of no quorum is considered Colorado’s constitution and then in seldom used in constitutional or statutory withdrawn. subsequent steps to the U.S. Constitu- drafting. They unambiguously require strict compliance. It is now in order to consider amend- tion. Furthermore, voters, Colorado ment No. 2 printed in House Report voters, stated unequivocally; that is, In addition, Section 5(b) establishes the 105–4. mechanism by which ‘‘[n]on-compliance with the voters, the majority of the voters voter instruction is demonstrated.’’ Among PARLIAMENTARY INQUIRY that voted, that if a Member of Con- other things, non-compliance occurs if a Mr. FRANK of Massachusetts. Mr. gress from Colorado failed to vote member of our delegation ‘‘fails to vote Chairman, I have a parliamentary in- against any change; any change is the against any change, addition or modifica- quiry. words used; addition or modification to tion.’’ Again, this language unambiguously The CHAIRMAN. The gentleman will the exact congressional term limit requires strict compliance. state it. amendment, that the Secretary of Lastly, Section 5(a) demonstrates that Mr. FRANK of Massachusetts. Would State should determine that that Mem- strict compliance is required by effectively it be in order for the Chair to explain ber of Congress had disregarded voters’ creating a presumption that the ‘‘Dis- the difference between amendment No. instruction on term limit. Following regarded Voter Instruction Term Limits’’ ‘‘shall appear’’ unless compliance is estab- 1 and amendment No. 2? Colorado voters’ call to action, i.e., lished by ‘‘clear and convincing evidence.’’ The CHAIRMAN. That is not a proper those voters who voted and those vot- While Attorney General Norton and I are parliamentary inquiry. The Chair does ers who voted in the majority, I am of- strong supporters of term limits, it is our not interpret the substance of amend- fering an amendment which mirrors opinion that Amendment 12 requires strict ments and would advise the gentleman the exact text of the Colorado congres- adherence and that substantial compliance is to listen to the debate. sional term limits amendment. unacceptable. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H489 If you have any other questions, please do people is the voice of God. Except in against that. The only vote that I can not hesitate to call me. the late 1770’s and early 1780’s he was make in the affirmative today under Sincerely, more eloquent and more romantic; he the requirements of this provision as RICHARD A. WESTFALL, said: ‘‘Vox Populi, Vox Dei.’’ forwarded by U.S. Term Limits is a Solicitor General. In Colorado the people have spoken vote in favor of this amendment. STATE OF COLORADO, DEPARTMENT clearly. In fact they spoke first and In regard to that and in due respect OF LAW, OFFICE OF THE ATTORNEY forcefully on the matter of term limits. to the voters who voted, I will follow GENERAL, Their proposal is before us now, em- those instructions. Denver, CO, February 12, 1997. bodied in the amendment that the gen- The CHAIRMAN. The time of the Fax Transmission tleman from Colorado [Mr. MCINNIS] gentleman from Colorado [Mr. The information contained in this fac- and I were instructed, by those same MCINNIS] has expired. simile transmission is legally privileged and/ people, at the polls, to offer for your Mr. FRANK of Massachusetts. Mr. or confidential. It is intended only for the consideration today. Chairman, I yield myself such time as use of the named individual or entity, and Mr. Chairman, I urge my colleagues’ I may consume. may be subject to the attorney/client privi- support for this proposal, and in doing Mr. Chairman, I was instructed by lege and/or attorney work product privilege so ask that they consider one more fac- the second speaker who said the voice and transmission is not a waiver of any tor that has yet to be featured in to- of the people is the voice of God. Well privilege recognized in law. If you are not apparently God speaks with a different the intended recipient, or the employee or day’s debate. agent responsible for delivering this docu- By this vote, we impose nothing, no voice in Colorado, from Nebraska, from ment to the intended recipient, any dissemi- term limits, we impose nothing. In- Nevada. Apparently we are not just nation or copying of this transmission is stead, we are considering whether to amending the Constitution here, we are strictly prohibited. If you have receiveed refer a measure back to our State leg- amending the Bible, and polytheism is this transmission in error, please imme- islatures for their consideration in 50 now coming in. I mean if it is Vox Po- diately notify us by calling the number States, other elected officials who are puli, Vox Dei, why do we have a dif- noted below and destroy the original trans- perhaps more skilled than we are to de- ferent ‘‘vox’’ when you cross the river mission. Thank you. between Nebraska and Colorado? I Date: February 12, 1997. fine their relationship in their State Transmit to fax number: 202 226 0622. with the Federal Government. must say so circumscribing it, and it is Immediate Delivery To: Hon. Scott McInnis. More than any other configuration, one thing to circumscribe the right of From: Gale Norton. three terms in the House, two terms in the people, but when you begin to cir- Number of Pages (Including Cover): lll. the Senate, has been suggested by the cumscribe the jurisdiction of the Al- Alpha: llllll. States. That is something I think we mighty, it seems to me there is an Speciasl Instructions: llllll. ought to take firm note of here today, overreach. If there is any problem receiving trans- that, yes, it is correct, those who have Now, I do not want to think we are mission, call: (303) 866–ll. said that there has been no clear man- using the time of the House very well, Mr. Chairman, I reserve the balance date as to what the proper period of so I looked at the differences. I mean, of my time. time ought to be more than any other why one amendment not the other? Mr. FRANK of Massachusetts. Mr. configuration, three terms in the Why do we have to do them? Well, Chairman, in the spirit of bipartisan- House, two terms in the Senate has there are some very important dif- ship, I yield 1 minute to the gentleman been suggested by more States. ferences here. from Florida [Mr. CANADY], the Chair- It is entirely appropriate for us to One might think that it is unimpor- man of the subcommittee. adopt this amendment, turn the ques- tant that they are exactly the same Mr. CANADY of Florida. I thank the tion back over to the States, as we substantively, they both have the same gentleman from Massachusetts for ought to and have been requested to limits. But for instance in Arkansas it yielding this time to me. do, and allow the States to decide what is section A, B and C, whereas in Colo- There is one point I want to bring out our terms ought to be here. Three rado it is section 1, 2 and 3. Certainly about this amendment and all of the terms in the House, two terms in the the gentleman from Colorado would first eight amendments that we will be Senate is sufficient time to get the not want to betray the voice of God in considering. That is that they have no work done here in the U.S. Congress. Colorado by adopting the voice of God time limit on the period for ratifica- Mr. McINNIS. Mr. Chairman, I re- in Arkansas because apparently God tion. All of the first seven amendments serve the balance of my time. I only says A, B, C in Arkansas and God says provide explicitly that there is no time have one speaker remaining. 1, 2, 3 in Colorado. Now, religious wars limit within which the States must Mr. FRANK of Massachusetts. Mr. have been fought over less, so I under- ratify them. Chairman, I have the right to close, stand the gentleman’s scrupulosity of Throughout this century there has and I only have one speaker remaining. instruction. been a practice of establishing a 7-year The CHAIRMAN. The gentleman There are also some other dif- time limit for the ratification of from Colorado is recognized for 1 ferences. For instance, in Arkansas the amendments on the theory that there minute. voice of God says of the congressional should be a contemporaneous approval Mr. McINNIS. Mr. Chairman, I just term limits amendment, but in Colo- of an amendment to the Constitution want to go over very briefly what this rado, in a major theological dif- from the States, and something should requires us to do in Colorado. ference—maybe we will get a new reli- as a general rule not be allowed to be If we follow the requirement of the gion out of this or at least a new syna- proposed to the States and remain Colorado proposition, that amendment gogue in my tradition—it does not say there accumulating States over the in Colorado, it requires that we vote on of the congressional term limits; it centuries. the exact language that the Colorado says of this amendment. And certainly Now I think that it would be a very voters, the people that voted and those we would not want to confuse the peo- bad precedent for this Congress to pro- who voted in the majority required. ple that God meant of the amendment pose an amendment to the State for no That language includes in part a re- in the one place and the congressional time limits, and I would simply bring striction that we cannot vote on any term limits in another. that to the Members’ attention. other type of language regarding term In another place he says four more Mr. McINNIS. Mr. Chairman, I yield 2 limits. So even if we have the ideal than one additional term in Colorado, minutes to my colleague, the gen- term limit bill sitting in front of us, but he just says more than one addi- tleman from Colorado [Mr. BOB SCHAE- and frankly I have been a strong sup- tional term in Arkansas. FER], my colleague. porter of national term limits, uniform Now understand Members are coming Mr. BOB SCHAFFER of Colorado. term limits across the country for all before us, and they are saying I invoke Mr. Chairman, Thomas Jefferson, who States, not one State standing alone the most powerful doctrines around de- is quoted an awful lot today in describ- but all States, and I think we got some mocracy and the voice of God to say ing his devotion to the will of the peo- good propositions to vote for, but this that I cannot vote for A, B, C because ple, was fond of saying the voice of the specific language requires that I vote I am committed to vote for 1, 2, 3. H490 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Never mind that 1, 2, 3 means exactly The CHAIRMAN. Pursuant to House the people. Limiting the service of the same thing as A, B, C in most Resolution 47, the gentleman from Members of Congress will result in new places. Idaho [Mr. CRAPO] and a Member in op- people with better and more innovative Mr. Chairman, I have not previously position will each control 5 minutes. ideas who have been out in the real talked about trivialization. I do not The Chair recognizes the gentleman world working hard and providing for think this trivializes the Constitution. from Idaho [Mr. CRAPO] for 5 minutes their families. I believe so strongly in I think the fundamental principle re- Mr. CRAPO. Mr. Chairman, I yield the value of citizen legislators over ca- stricts the Constitution in a nontrivial myself such time as I may consume. reer politicians that I have imposed a way. But when Members come here and Mr. Chairman, I appreciate the op- three-term term limit on myself. And I say I am honor bound to vote for 1, 2, portunity to stand with my colleague mean it. from Idaho [Mrs. CHENOWETH] to offer 3, and I ask my colleagues to join me in b 1400 rejecting A, B, C, I think we have this amendment, which has been an reached a level that is inappropriate amendment that is required by the It is important to know that many of for the House to be spending a lot of vote of the people of Idaho in the last our Founding Fathers extolled the vir- time on. And to make my contribution election. tues of a limited Government service. This amendment is in the exact lan- towards diminishing that, I yield back In the Federalist Papers, James Madi- guage as passed by the people of Idaho the balance of my time. son wrote, ‘‘It is essential to such a in the State initiative on the ballot in The CHAIRMAN. All time has ex- Government that it be derived from the November of 1996. The amendment sets pired. great body of the society and not from the terms for Members in the House of The question is on the amendment in an inconsiderable proportion or a fa- Representatives at three and Members the nature of a substitute offered by vored class of it.’’ in the Senate at two. These limits are the gentleman from Colorado [Mr. I believe that the best way to achieve not retroactive. The amendment does MCINNIS]. this goal of a citizen-led Government is not require a constitutional conven- The question was taken; and the to draw from the citizenry on a very tion, and it does not set a year limit Chairman announced that the noes ap- regular basis, and the way to create for ratification. peared to have it. more opportunities for citizen legisla- In the past I have supported a dif- tors is to discourage people from build- Mr. MCINNIS. Mr. Chairman, I de- ferent term limits measure, one which mand a recorded vote, and pending ing careers out of public service. had a 12-year term limit for the House When our Founding Fathers initiated that, I make the point of order that a and a 12-year term limit for the Sen- quorum is not present. our system of Government, they did ate. However, the voting by the people not intend to create career politicians. The CHAIRMAN. Pursuant to House of Idaho as passed this year has de- Resolution 47 further proceedings on A constitutional amendment for term clared their will that we as their Rep- limits will stop career politicians by the amendment offered by the gen- resentatives in Congress put forward tleman from Colorado (Mr. MCINNIS) restoring the power to the people of this amendment and the gentlewoman this great country. Thomas Jefferson will be postponed. from Idaho [Mrs. CHENOWETH] and I are The point of no quorum is considered said, ‘‘We must chain the government doing as instructed by the law of the and free the people,’’ and I believe now, withdrawn. State of Idaho. more than ever, that this must happen It is now in order to consider amend- Last Congress I supported the McCol- at this time. ment No. 3 printed in House Report No. lum term limits bill that, as I said, Unbridled, personal political ambi- 105–4. supported a 12-year term limit. How- tion ultimately enslaves the citizens of AMENDMENT IN THE NATURE OF A SUBSTITUTE ever, in this Congress I must oppose this country. The amendment that the OFFERED BY MR. CRAPO this bill because of the initiative gentleman from Idaho [Mr. CRAPO] and Mr. CRAPO. Mr. Chairman, I offer an passed by the people of the State of I are offering will put an end to career amendment in the nature of a sub- Idaho which requires me to oppose any politicians by limiting Members of the stitute. term limits measure that does not have House of Representatives to three The CHAIRMAN. The Clerk will des- the same set of term limit conditions terms, and if a Member is in House ignate the amendment in the nature of that are included in the initiative that when this amendment is ratified, they a substitute. was passed in the State. The text of the amendment in the na- I am concerned that that might ulti- are allowed to serve two more addi- ture of a substitute is as follows: mately result in less votes for a term tional terms. Amendment in the nature of a sub- limit measure that may pass the The amendment also limits Senators to two terms and allows Senators to stitute offered by Mr. CRAPO: House, and I am concerned and hopeful serve only one more additional term if Strike all after the resolving clause and in- that the people of not only the State of they hold office at the time of ratifica- sert the following: Idaho but across the Nation will focus That the following article is proposed as an on the differences that may be present tion. Finally, no time limit is placed amendment to the Constitution of the Unit- among us now because of different upon when the amendment must be ed States, which shall be valid to all intents term limits measures and initiatives ratified. and purposes as part of the Constitution that are passed. Hopefully, this prob- Mr. Chairman, term limits for Mem- when ratified by the legislatures of three- bers of Congress are what we need to fourths of the several States: lem may not be something that will cause more difficulty for enacting term bring in fresh, new ideas and to put an ‘‘ARTICLE— limits in this Congress. end to out-of-touch politicians, regard- ‘‘SECTION A. No person shall serve in the Mr. Chairman, I reserve the balance less of whether they are conservative office of the United States Representative of my time. or liberal, Democrat or Republican. for more than three (3) terms, but upon rati- The citizens of the State of Idaho and fication no person who has held the office of Mr. FRANK of Massachusetts. Mr. Chairman, I claim the 5 minutes in op- America have spoken, and they want United States Representative or who then term limits. Please let us respect their holds the office shall serve for more than two position, and I have only one speaker, additional terms. Mr. Chairman, because God has not wishes today by passing a meaningful ‘‘SECTION B. No person shall serve in the spoken to us so we only have one. So I term limits constitutional amendment. office of the United States Senator for more will reserve my right to close. Mr. Chairman, I urge passage of this than two (2) terms, but upon ratification, no Mr. CRAPO. Mr. Chairman, I yield substitute. person who has held the office of the United the balance of my time to the gentle- Mr. FRANK of Massachusetts. Mr. States Senator or who then holds the office woman from Idaho [Mrs. CHENOWETH]. Chairman, I yield myself such time as shall serve for more than one additional Mrs. CHENOWETH. Mr. Chairman, I I may consume. term. would like to thank my colleague, the Mr. Chairman, I bring reassurance. ‘‘SECTION C. This article shall have no time limit within which it must be ratified to be- gentleman from Idaho [Mr. CRAPO] for As I said before, there was a come operative upon the ratification of the yielding this time to me. therological difference in that the first legislatures of three-fourths of the several Mr. Chairman, term limits are what amendment talked about A, B; no C, I States.’’. we need to give government back to correct myself; and this one is 1, 2, and February 12, 1997 CONGRESSIONAL RECORD — HOUSE H491 3. The people of the letters who fear and invoking God’s authority to tell us poned and on which the noes prevailed that they had been abandoned by the to pick one or the other, then I suppose by voice vote. Almighty for the doctrine of numbers an element of unreality has come in, The Clerk will redesignate the can take heart, because the A, B, C but I do not think those who have re- amendment in the nature of a sub- variants have returned. jected the unreality are entitled to cite stitute. So the difference is the first amend- it. I think that there is a rule of equity The Clerk redesignated the amend- ment was A and B; the second one was that ought to be abided by here. ment in the nature of a substitute. 2 and 3; and the third one was A, B and Let me close with this, Mr. Chair- RECORDED VOTE C. Of such triviality I suppose our ca- man. The notion that a continuation in The CHAIRMAN. A recorded vote has reers are construct. public service is corrupting can only been demanded. Now, when we talk about careers, the mean one thing, that you think the A recorded vote was ordered. gentleman from Idaho [Mr. CRAPO] has public constitutes a bad influence on The vote was taken by electronic de- made a variant of the striking histori- politicians, because what differentiates vice, and there were—ayes 85, noes 341, cal point that the Founding Fathers a career-elected official from someone not voting 7, as follows: were great supporters of term limits, else? It is that the career public offi- [Roll No. 11] even though they rejected the concept. cial has decided to dedicate himself or AYES—85 The notion that the Founding Fathers herself to constant scrutiny of the pub- forgot to put term limits in the Con- lic. That career is dependent on a re- Armey Emerson McCrery Baldacci Ensign McIntosh stitution is rather more unkind than I newal of the approval of the public. Barcia Forbes McNulty think they deserve. They not only re- What my colleagues must be saying Bartlett Fox Meehan jected term limits; they were, many of is it is the only logical explanation Bass Franks (NJ) Metcalf Bilbray Furse Minge them, career politicians. when you denigrate people who make a Blunt Ganske Myrick James Madison, whom the gentle- career out of public service, the voters Bono Gibbons Neumann woman just cited, was one of the most are on the whole a bad influence, and Bryant Gillmor Ney distinguished career politicians in the way to improve things is in fact Burr Goode Paul Cannon Gordon Peterson (MN) America, and I ask the gentlewoman to substantially diminished by amending Chabot Goss Riley look up the career of James Madison, the Constitution and changing what Chenoweth Graham Rohrabacher look up the career of James Monroe, the Founding Fathers thought, sub- Christensen Hall (TX) Royce look up the career of Benjamin Frank- Coble Harman Salmon stantially diminishing the extent to Coburn Herger Sanford lin, of Thomas Jefferson himself. Tam- which the public can be such a bad in- Combest Hill Shadegg many Hall goes back, the Democratic fluence. Condit Hilleary Smith (MI) Party goes back, Thomas Jefferson and I do not think that is a good idea, Cook Hutchinson Spence Cooksey Inglis Talent James Madison go back to the leaders and I hope, once again, that all of these Cramer Jones Tauzin of Tammany. They were part of a polit- amendments are defeated in all of their Crane Kim Thornberry ical deal. They were people who were various numerological, graphological, Crapo Klug Thune very political. and other permutations. Cubin Largent Wamp Danner Lewis (KY) Watts (OK) It was through John Adams, one of Mr. FRANK of Massachusetts. Mr. DeFazio LoBiondo Weldon (FL) the most distinguished of them, who Chairman, I yield back the balance of Deutsch Lucas Whitfield wrote a famous passage in which he my time. Dickey Maloney (CT) said, I have to be a career politician. I The CHAIRMAN. All time has ex- Dunn McCarthy (MO) hope we will have so solved the prob- pired. NOES—341 lems. He said, I studied politics in war, The question is on the amendment in Abercrombie Castle Foglietta and he saw depression so that his great, the nature of a substitute offered by Ackerman Chambliss Foley great grandchildren could deal with the gentleman from Idaho [Mr. CRAPO]. Aderholt Clayton Ford The question was taken; and the Allen Clement Fowler painting and the fine arts. But he was Andrews Clyburn Frank (MA) a career politician, he acknowledged Chairman announced that the noes ap- Archer Collins Frelinghuysen that, and he said he had to be a career peared to have it. Bachus Conyers Frost Mr. CRAPO. Mr. Chairman, I demand Baesler Costello Gallegly politician because these were difficult Baker Cox a recorded vote. Gejdenson times. He thought allowing people of Ballenger Coyne Gekas the first rank to abandon a career in The CHAIRMAN. Pursuant to House Barr Cummings Gephardt politics was a luxury to be left to later Resolution 47, further proceedings on Barrett (NE) Cunningham Gilchrest the amendment in the nature of a sub- Barrett (WI) Davis (FL) Gilman times when the Nation was more Barton Davis (IL) stitute offered by the gentleman from Gonzalez strongly developed. Bateman Davis (VA) Goodlatte Becerra Deal Now, I think it is admirable to talk Idaho [Mr. CRAPO] will be postponed. Goodling Bentsen DeGette SEQUENTIAL VOTES POSTPONED IN COMMITTEE Granger about the Founding Fathers, but it Bereuter Delahunt Green would be equally admirable to read OF THE WHOLE Berman DeLauro Greenwood The CHAIRMAN. Pursuant to House Berry DeLay what they said and read about them. Gutierrez Anyone who reads about Benjamin Resolution 47, proceedings will now re- Bilirakis Dellums Bishop Diaz-Balart Gutknecht Franklin and Thomas Jefferson, et sume on those amendments in the na- Blagojevich Dicks Hall (OH) cetera, and does not see in them career ture of a substitute on which further Bliley Dingell Hamilton proceedings were postponed in the fol- Blumenauer Dixon Hansen politicians is missing the point. Hastert George Washington I did not men- lowing order: Amendment No. 1 in the Boehlert Doggett Boehner Dooley Hastings (FL) tion. George Washington was much nature of substitute offered by the gen- Bonilla Doolittle Hastings (WA) more reluctant a public servant. tleman from Arkansas [Mr. HUTCHIN- Bonior Doyle Hayworth Hefley George Washington can legitimately be SON]; amendment No. 2 in the nature of Borski Dreier Boswell Duncan Hefner cited as someone whose preference was a substitute offered by the gentleman Boucher Edwards Hilliard not for public life, but Franklin and from Colorado [Mr. MCINNIS]; and Boyd Ehlers Hinchey Madison and Jefferson, and then to go amendment No. 3 in the nature of a Brady Ehrlich Hinojosa on, as others have said, Webster and substitute offered by the gentleman Brown (CA) Engel Hobson Brown (FL) English Hoekstra Clay, John C. Calhoun, these were not from Idaho [Mr. CRAPO]. Brown (OH) Eshoo Holden people who spent most of their time in AMENDMENT NO. 1 IN THE NATURE OF A Bunning Etheridge Hooley what someone referred to as the real SUBSTITUTE OFFERED BY MR. HUTCHINSON Burton Evans Horn Buyer Everett Hostettler world. The CHAIRMAN. The pending busi- Callahan Ewing Houghton I must say, until recently, I would re- ness is the demand for a recorded vote Calvert Farr Hoyer ject the notion that there was some- on the amendment in the nature of a Camp Fattah Hulshof thing unreal about our world. But I substitute offered by the gentleman Campbell Fawell Hunter Canady Fazio Hyde will have to concede, when we are de- from Arkansas [Mr. HUTCHINSON] on Capps Filner Istook bating A, B versus 1, 2, 3 versus A, B, C, which further proceedings were post- Cardin Flake Jackson (IL) H492 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Jackson-Lee Moakley Scott further proceedings were postponed and Hostettler Menendez Schiff (TX) Molinari Sensenbrenner Houghton Mica Schumer Jefferson Mollohan Serrano on which the noes prevailed by voice Hoyer Millender- Scott Jenkins Moran (KS) Sessions vote. Hulshof McDonald Sensenbrenner John Moran (VA) Shaw The Clerk will redesignate the Hunter Miller (CA) Serrano Johnson (CT) Morella Shays amendment. Hutchinson Miller (FL) Sessions Johnson (WI) Murtha Sherman Hyde Mink Shaw Johnson, E. B. Nadler Shimkus The Clerk redesignated the amend- Istook Moakley Shays Johnson, Sam Neal Shuster ment. Jackson (IL) Molinari Sherman Kaptur Nethercutt Sisisky Jackson-Lee Mollohan Shimkus RECORDED VOTE Kasich Northup Skaggs (TX) Moran (KS) Shuster Kelly Norwood Skeen The CHAIRMAN. A recorded vote has Jefferson Moran (VA) Sisisky Kennedy (MA) Nussle Skelton been demanded. Jenkins Morella Skaggs Kennedy (RI) Oberstar Slaughter John Murtha Skeen Kennelly Olver Smith (NJ) A recorded vote was ordered. Johnson (CT) Nadler Skelton Kildee Ortiz Smith (OR) The CHAIRMAN. This is a 5-minute Johnson (WI) Neal Slaughter Kilpatrick Owens Smith (TX) vote. Johnson, E. B. Nethercutt Smith (NJ) Kind (WI) Oxley Smith, Adam Johnson, Sam Northup Smith (OR) King (NY) Packard Smith, Linda The vote was taken by electronic de- Kanjorski Norwood Smith (TX) Kingston Pallone Snowbarger vice, and there were—ayes 87, noes 339, Kaptur Nussle Smith, Adam Kleczka Pappas Snyder not voting 7, as follows: Kasich Oberstar Smith, Linda Klink Parker Solomon Kelly Olver Snowbarger Knollenberg Pascrell Souder [Roll No. 12] Kennedy (MA) Ortiz Snyder Kolbe Pastor Spratt AYES—87 Kennedy (RI) Owens Solomon Kucinich Paxon Stabenow Kennelly Oxley Souder Armey Emerson McInnis LaFalce Payne Stark Kildee Packard Spence Baldacci Ensign McIntosh LaHood Pease Stearns Kilpatrick Pallone Stabenow Barcia Forbes McNulty Lampson Pelosi Stenholm Kind (WI) Pappas Stark Bartlett Fox Meehan Lantos Peterson (PA) Stokes King (NY) Parker Stearns Bass Franks (NJ) Metcalf Latham Petri Strickland Kingston Pascrell Stenholm Bilbray Furse Minge LaTourette Pickering Stump Kleczka Pastor Stokes Blunt Ganske Myrick Lazio Pickett Stupak Klink Paxon Strickland Bono Gibbons Neumann Leach Pitts Sununu Knollenberg Payne Stump Bryant Gillmor Ney Levin Pombo Tanner Kolbe Pease Stupak Burr Goode Paul Lewis (CA) Pomeroy Tauscher Kucinich Pelosi Sununu Cannon Goss Peterson (MN) Lewis (GA) Porter Taylor (MS) LaFalce Peterson (PA) Tanner Chabot Graham Petri Linder Portman Taylor (NC) LaHood Pickering Tauscher Chenoweth Hall (TX) Riley Lipinski Poshard Thomas Lampson Pickett Taylor (MS) Christensen Harman Rohrabacher Livingston Price (NC) Thompson Lantos Pitts Taylor (NC) Coble Hefley Royce Lofgren Pryce (OH) Thurman Latham Pombo Thomas Coburn Herger Salmon Lowey Quinn Tiahrt LaTourette Pomeroy Thompson Combest Hill Sanford Luther Radanovich Tierney Lazio Porter Thurman Condit Hilleary Schaefer, Dan Maloney (NY) Rahall Torres Leach Portman Tiahrt Cook Inglis Schaffer, Bob Manton Ramstad Towns Levin Poshard Tierney Cooksey Jones Shadegg Manzullo Rangel Traficant Lewis (CA) Price (NC) Torres Cramer Kim Smith (MI) Markey Regula Turner Lewis (GA) Pryce (OH) Towns Crane Klug Talent Martinez Reyes Upton Linder Quinn Traficant Crapo Largent Tauzin Mascara Riggs Velazquez Lipinski Radanovich Turner Cubin Lewis (KY) Thornberry Matsui Rivers Vento Livingston Rahall Upton Danner LoBiondo Thune McCarthy (NY) Roemer Visclosky Lofgren Ramstad Velazquez DeFazio Lucas Wamp McCollum Rogan Walsh Lowey Rangel Vento Deutsch Maloney (CT) Watts (OK) McDade Rogers Waters Luther Regula Visclosky Dickey McCarthy (MO) Weldon (FL) McDermott Ros-Lehtinen Watkins Maloney (NY) Reyes Walsh Dunn McCrery Whitfield McGovern Rothman Watt (NC) Manton Riggs Waters McHale Roukema Waxman NOES—339 Manzullo Rivers Watkins McHugh Roybal-Allard Weldon (PA) Markey Roemer Watt (NC) McInnis Rush Weller Abercrombie Canady Farr Martinez Rogan Waxman McIntyre Ryun Wexler Ackerman Capps Fattah Mascara Rogers Weldon (PA) McKeon Sabo Weygand Aderholt Cardin Fawell Matsui Ros-Lehtinen Weller McKinney Sanchez White Allen Castle Fazio McCarthy (NY) Rothman Wexler Meek Sanders Wicker Andrews Chambliss Filner McCollum Roukema Weygand Menendez Sandlin Wise Archer Clayton Flake McDade Roybal-Allard White Mica Sawyer Wolf Bachus Clement Foglietta McDermott Rush Wicker Millender- Saxton Woolsey Baesler Clyburn Foley McGovern Ryun Wise McDonald Schaefer, Dan Wynn Baker Collins Ford McHale Sabo Wolf Miller (CA) Schaffer, Bob Yates Ballenger Conyers Fowler McHugh Sanchez Woolsey Miller (FL) Schiff Young (FL) Barr Costello Frank (MA) McIntyre Sanders Wynn Mink Schumer Barrett (NE) Cox Frelinghuysen McKeon Sandlin Yates Barrett (WI) Coyne Frost McKinney Sawyer Young (FL) NOT VOTING—7 Barton Cummings Gallegly Meek Saxton Carson Obey Young (AK) Bateman Cunningham Gejdenson Clay Richardson Becerra Davis (FL) Gekas NOT VOTING—7 Kanjorski Scarborough Bentsen Davis (IL) Gephardt Carson Richardson Young (AK) Bereuter Davis (VA) Gilchrest Clay Scarborough b 1427 Berman Deal Gilman Obey Spratt Berry DeGette Gonzalez Messrs. Greenwood, Boehner, Barton Bilirakis Delahunt Goodlatte b 1437 of Texas, Nadler, and Dan Schaefer of Bishop DeLauro Goodling Colorado changed their vote from Blagojevich DeLay Gordon So the amendment in the nature of a Bliley Dellums Granger ‘‘aye’’ to ‘‘no.’’ Blumenauer Diaz-Balart Green substitute was rejected. Messrs. Deutsch, Hall of Texas, Com- Boehlert Dicks Greenwood The result of the vote was announced best, Goss, Tauzin, and Bartlett of Boehner Dingell Gutierrez as above recorded. Bonilla Dixon Gutknecht Maryland changed their vote from Bonior Doggett Hall (OH) AMENDMENT NO. 3 IN THE NATURE OF A ‘‘no’’ to ‘‘aye.’’ Borski Dooley Hamilton SUBSTITUTE OFFERED BY MR. CRAPO So the amendment in the nature of a Boswell Doolittle Hansen The CHAIRMAN. The pending busi- substitute was rejected. Boucher Doyle Hastert ness is the demand for a recorded vote Boyd Dreier Hastings (FL) The result of the vote was announced Brady Duncan Hastings (WA) on the amendment in the nature of a as above recorded. Brown (CA) Edwards Hayworth substitute offered by the gentleman AMENDMENT NO. 2 IN THE NATURE OF A Brown (FL) Ehlers Hefner from Idaho [Mr. CRAPO] on which fur- Brown (OH) Ehrlich Hilliard SUBSTITUTE OFFERED BY MR. MC INNIS Bunning Engel Hinchey ther proceedings were postponed and The CHAIRMAN. The pending busi- Burton English Hinojosa on which the noes prevailed by voice ness is the request for a recorded vote Buyer Eshoo Hobson vote. on the amendment in the nature of a Callahan Etheridge Hoekstra The Clerk will redesignate the Calvert Evans Holden substitute offered by the gentleman Camp Everett Hooley amendment in the nature of a sub- from Colorado [Mr. MCINNIS] on which Campbell Ewing Horn stitute. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H493 The Clerk redesignated the amend- Johnson, Sam Moran (VA) Serrano ed States, which shall be valid to all intents ment in the nature of a substitute. Kanjorski Morella Sessions and purposes as part of the Constitution Kaptur Murtha Shaw when ratified by the legislatures of three- RECORDED VOTE Kasich Nadler Shays Kelly Neal Sherman fourths of the several States: The CHAIRMAN. A recorded vote has Kennedy (MA) Nethercutt Shimkus ‘‘ARTICLE— been demanded. Kennedy (RI) Northup Shuster ‘‘(a) No person shall serve in the office of A recorded vote was ordered. Kennelly Norwood Sisisky Kildee Nussle Skaggs United States Representative for more than The CHAIRMAN. This is a 5-minute Kilpatrick Oberstar Skeen three terms, but upon ratification of this vote. Kind (WI) Olver Skelton amendment no person who has held the of- The vote was taken by electronic de- King (NY) Ortiz Slaughter fice of United States Representative or who Kingston Owens Smith (NJ) vice, and there were—ayes 85, noes 339, then holds the office shall serve for more Kleczka Oxley Smith (OR) than two additional terms. not voting 9, as follows: Klink Packard Smith (TX) ‘‘(b) No person shall serve in the office of [Roll No. 13] Knollenberg Pallone Smith, Adam Kolbe Pappas Smith, Linda United States Senator for more than two AYES—85 Kucinich Parker Snowbarger terms, but upon ratification of this amend- LaFalce Pascrell Snyder ment no person who has held the office of Armey Emerson McNulty LaHood Pastor Solomon United States Senator or who then holds the Baldacci Ensign Meehan Lampson Paxon Souder Barcia Forbes Metcalf office shall serve in the office for more than Lantos Payne Spence Bartlett Fox Minge one additional term. Latham Pease Spratt Bass Franks (NJ) Myrick ‘‘(c) Any state may enact by state con- LaTourette Pelosi Stabenow Bilbray Furse Neumann Lazio Peterson (PA) Stark stitutional amendment longer or shorter Blunt Ganske Ney Leach Petri Stearns limits than those specified in section ‘a’ or Bono Gibbons Paul Levin Pickering Stenholm ‘b’ herein. Bryant Gillmor Peterson (MN) Lewis (CA) Pickett Stokes ‘‘(d) This article shall have no time limit Burr Goode Reyes Lewis (GA) Pitts Strickland Cannon Goss Riggs within which it must be ratified to become Linder Pombo Stump Chabot Graham Riley operative upon the ratification of the legis- Lipinski Pomeroy Stupak Chenoweth Hall (TX) Rohrabacher latures of three-fourths of the several Livingston Porter Sununu Christensen Harman Royce Lofgren Portman Tanner States.’’. Coble Herger Salmon Lowey Poshard Tauscher Coburn Hill Sanford The CHAIRMAN. Pursuant to House Luther Price (NC) Taylor (MS) Combest Hilleary Shadegg Resolution 47, the gentleman from Mis- Maloney (NY) Pryce (OH) Taylor (NC) Condit Inglis Smith (MI) Manton Quinn Thomas souri [Mr. BLUNT] will be recognized for Cook Jones Talent Manzullo Radanovich Thompson 5 minutes in support of the amend- Cooksey Kim Tauzin Markey Rahall Thurman Cramer Klug Thornberry ment, and a Member in opposition to Martinez Ramstad Tiahrt Crane Largent Thune Mascara Rangel Tierney the amendment, the gentleman from Crapo Lewis (KY) Wamp Matsui Regula Torres Virginia [Mr. SCOTT], will be recog- Cubin LoBiondo Watts (OK) McCarthy (NY) Rivers Traficant Danner Lucas Weldon (FL) nized for 5 minutes. McCollum Roemer Turner DeFazio Maloney (CT) White The Chair now recognizes the gen- McDade Rogan Upton Deutsch McCarthy (MO) Whitfield McDermott Rogers Velazquez tleman from Missouri [Mr. BLUNT]. Dickey McCrery McGovern Ros-Lehtinen Vento Mr. BLUNT. Mr. Chairman, I yield Dunn McIntosh McHale Rothman Visclosky myself such time as I may consume. NOES—339 McHugh Roukema Walsh McInnis Roybal-Allard Waters I am pleased to have the opportunity Abercrombie Clement Frost McIntyre Rush Watkins to offer an amendment to House Joint Ackerman Clyburn Gallegly McKeon Ryun Watt (NC) Resolution 2. I want to express my ap- Aderholt Collins Gejdenson McKinney Sabo Waxman preciation to the gentleman from Flor- Allen Conyers Gekas Menendez Sanchez Weldon (PA) Andrews Costello Gephardt Mica Sanders Weller ida, [Mr. MCCOLLUM], for his commit- Archer Cox Gilchrest Millender- Sandlin Weygand ment to term limits and for the amend- Bachus Coyne Gilman McDonald Sawyer Wicker ment that he has offered and his con- Baesler Cummings Gonzalez Miller (CA) Saxton Wise Baker Cunningham Goodlatte Miller (FL) Schaefer, Dan Wolf sistent stand for term limits over the Ballenger Davis (FL) Goodling Mink Schaffer, Bob Woolsey years. Barr Davis (IL) Gordon Moakley Schiff Wynn As the Secretary of State in Missouri Barrett (NE) Davis (VA) Granger Molinari Schumer Yates a number of years ago, I was the first Barrett (WI) Deal Green Mollohan Scott Young (FL) Barton DeGette Greenwood Moran (KS) Sensenbrenner State official in our State to support Bateman Delahunt Gutierrez term limits and, in fact, our State, 10 Becerra DeLauro Gutknecht NOT VOTING—9 Bentsen DeLay Hall (OH) years ago, adopted term limits as an Carson Obey Towns amendment to our constitution. We Bereuter Dellums Hamilton Clay Richardson Wexler Berman Diaz-Balart Hansen Meek Scarborough Young (AK) were one of the first States to do that. Berry Dicks Hastert As we know, Mr. Chairman, eventually Bilirakis Dingell Hastings (FL) b 1548 Bishop Dixon Hastings (WA) 23 States adopted term limits as part of Blagojevich Doggett Hayworth So the amendment in the nature of a their State constitution, and the Su- Bliley Dooley Hefley substitute was rejected. preme Court, by a 5 to 4 vote, deter- Blumenauer Doolittle Hefner The result of the vote was announced mined that States on their own did not Boehlert Doyle Hilliard as above recorded. Boehner Dreier Hinchey have the ability to establish that re- Bonilla Duncan Hinojosa The CHAIRMAN. It is now in order to quirement for membership in the Con- Bonior Edwards Hobson consider amendment No. 4 printed in gress. Borski Ehlers Hoekstra House Report 105–4. Boswell Ehrlich Holden In the last election, Missourians AMENDMENT IN THE NATURE OF A SUBSTITUTE Boucher Engel Hooley again voted to adopt an amendment to Boyd English Horn OFFERED BY MR. BLUNT our constitution that called for even a Brady Eshoo Hostettler Mr. BLUNT. Mr. Chairman, I offer an Brown (CA) Etheridge Houghton stricter limit on the terms a person amendment in the nature of a sub- can serve in the House. Our first Brown (FL) Evans Hoyer stitute. Brown (OH) Everett Hulshof amendment was 8 years in the House The CHAIRMAN. The Clerk will des- Bunning Ewing Hunter and 12 years in the Senate, with the ca- Burton Farr Hutchinson ignate the amendment in the nature of veat that half of the States would have Buyer Fattah Hyde a substitute. Callahan Fawell Istook The text of the amendment in the na- to have term limits before our term Calvert Fazio Jackson (IL) limits would come to pass. Camp Filner Jackson-Lee ture of a substitute is as follows: Campbell Flake (TX) Amendment in the nature of a sub- In the last election, Missourians Canady Foglietta Jefferson stitute offered by Mr. BLUNT: again showed that they were in the Capps Foley Jenkins Strike all after the resolving clause and in- mainstream of thinking in the country, Cardin Ford John where 80 percent of the voters in the Castle Fowler Johnson (CT) sert the following: Chambliss Frank (MA) Johnson (WI) That the following article is proposed as an country consistently, and generally Clayton Frelinghuysen Johnson, E. B. amendment to the Constitution of the Unit- voters who do not agree on any other H494 CONGRESSIONAL RECORD — HOUSE February 12, 1997 topic, agreed that term limits is a re- relative to term limits. They have made their ment as the least bad of the amend- form that would be a beneficial reform viewpoint known. ments that has been offered today. for the Congress and would ensure a Consistent with those views and my own, I Mr. Chairman, I yield back the bal- different kind of decisionmaking in the was the first Missouri statewide official to en- ance of my time. Congress; would assure that people dorse term limits. I have offered a bill, House Mr. SCOTT. Mr. Chairman, I yield 2 come more frequently and from dif- Joint Resolution 42, to limit terms to three in minutes to the gentlewoman from ferent perspectives as to what the gov- the House and two in the Senate. Texas, Ms. SHELIA JACKSON-LEE. ernment needs to do. In November 1996, state constitutional Ms. JACKSON-LEE of Texas. Mr. We also, in our amendment and in amendments were passed in nine States, in- Chairman, I thank my colleague for his the amendment that I am proposing cluding Missouri, as a result of grassroot initia- leadership and for yielding me this today, gave leeway to the States that I tive efforts. time. think is unique in this debate. What Those State constitutional amendments in- It would appear that my position in the amendment that I am proposing struct members of the State's congressional this House is to try to be as consistent does, Mr. Chairman, is it establishes a delegation to work for the adoption of a U.S. and as pure and as well focused on the maximum amount of time that can be Constitutional amendment establishing Con- issues as one could possibly be. I have spent in the House of three terms, a gressional term limits. The initiatives also in- already made the statement that this maximum amount of time that can be cluded very specific voter instructions to in- Constitution is secure and that the spent in the Senate of two terms, but cumbents and candidates. Failure to comply people can ratify those of us who run allows the States on their own to with these instructions trigger language to be for this office every 2 years. But I must change their constitution in ways dif- placed by the name of candidates on future say to the gentleman from Missouri ferent than that if they choose to do ballots which read either ``Disregarded Voters' [Mr. BLUNT] that I am interested in his so. Instruction on Term Limits'' or ``Declined to particular amendment inasmuch as it I think this differs from a proposal Support Term Limits.'' Thus, becoming known tracks, albeit in a limited fashion, my that would just say let us leave this to- as the scarlet letter provision. commitment to States’ rights on this tally up to the States, because it does Many members of Congress support the issue. adoption of term limits. As you are aware, set a limit if a State has not chosen to b 1500 deal with this on its own. It also allows there is much debate over the specific number the States at a later time, and as the of terms to be adopted. The situation now oc- I am hearing all of the discord and thinking on this concept of term limits curs which a member of one of the nine discussion about the people speaking. would mature and develop over time, States who supports term limits but votes for At least Mr. BLUNT’s amendment has a to, on a one-by-one basis, decide that a House Joint Resolution 2, may fail the test provision that suggests that if the different limit other than 6 years in and have triggered the scarlet letter provision. States do not act or if they do not act, In the nine States, the final determination as the House and 12 years in the Senate it then falls to three terms for the to whether or not a member followed voter in- had merit. House and two terms for the Senate, Certainly I can see a scenario where structions rests with the Secretary of State. but that it has a provision that the people might decide that 6 years was The Secretary of State may determine that, in States can act, and that means that In- not quite enough, but they would then order to avoid failing the ``Voter Instruction'' diana can act, that Texas can act, that by an individual State basis have the test, a member may be required to vote for New York can act, that Virginia can ability to go to 8 years or 10 years or language that is absolutely identical and ver- act on their accord as the people would even 12 years in the House, or more. batim to that which passed in his or her home so speak. It also, conversely, would allow vot- State. Therefore, it may be necessary for each So I would simply raise this amend- ers in States that had decided that 6 of those nine States' delegation to have an ment up for its consideration. I speak years was just right to also decide that opportunity to vote for term limit language to it so that I can be consistent on my 6 years was just right for the Senate unique to their State. House Leadership has persistent point that this belongs, if and to adopt a limit for the Senate of expressed concern that such an opportunity anywhere, with the States, not with only one term. be made available. those of us in the U.S. Congress that So we are proposing, I and others of To that end, to ensure that members of the would do damage to the Constitution my colleagues from Missouri, in exact Missouri delegation have the ability to vote for that has been framed very well, that compliance with the express direction language that meets a verbatim test of Mis- allows the people to speak every 2 of Missouri voters in the last election, souri Amendment 9, I am offering the Missouri years. that the Constitution be amended to amendment. Mr. SCOTT. Mr. Chairman, I yield 2 Mr. Chairman, I reserve the balance minutes to the gentleman from Indiana allow a limit of 6 years in the House, a of my time. [Mr. ROEMER]. limit of 12 years in the Senate, but to Mr. SCOTT. Mr. Chairman, I yield Mr. ROEMER. Mr. Chairman, I think give the States flexibility as to how myself 30 seconds. they would deal with that in the fu- Mr. Chairman, of all of the amend- that many of the problems in America ture. ments, this is the least bad, but not today are not necessarily going to be I appreciate the opportunity that has been good, so I still oppose it. However, it solved by people in Washington today. provided to offer certain amendments to does allow the States the option, if one As we debate term limits here, saying House Joint Resolution 2. State finds itself with a horrible dele- that term limits are going to solve I request your support for an amendment gation, of wiping it clean with some problems, to finance the budget, to that I have offered for consideration by the term limits, but the other States would change Washington, to invest in our House. For purposes of clarification and identi- not be so affected. children, I think that is absolutely the fication, I will refer to it as the Missouri So although it is the least bad, it is wrong approach to take. Amendment. still not good and I have to oppose it. The answers to America lie within It is my belief that term limits must reflect But I thank the gentleman for offering the American people. If we can encour- the desire of the American public to change us this opportunity. age people to vote in our home con- the system under which this institution oper- Mr. Chairman, I reserve the balance stituencies, if we can encourage people ates. Clearly, the public holds the opinion that of my time. to be responsible citizens and act fewer terms are better than more. Recent poll- Mr. BLUNT. Mr. Chairman, I yield through the ballot box, then we will ing confirms that an overwhelming majority of myself such time as I may consume. solve so many of the problems that are voters believe that six terms for a member of I want to say I think this is an idea bothering this great and wealthy Na- the House is too long. Over 80 percent of the whose time will come. It may not come tion today. voting public prefers a three-term limit. today, but I believe that term limits In Indiana, where I am from, we have As a former county elections official and as will be a reform that comes in this seven Members that are new to our del- the former chief election officer for the State of House. I think it can come with some egation since 1990. Seven out of ten are Missouri, I have studied this issue and listened flexibility. new, and we do not have term limits. to the voters. The voters of Missouri have I appreciate my colleague from Vir- The people of Indiana are voting to twice had the opportunity for a statewide vote ginia at least recognizing my amend- send new people to Washington, D.C. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H495 When we look at amending the Con- two terms, but upon ratification of this identify with that farmer, that entre- stitution, I think it is very important amendment no person who has held the of- preneur, that individual who is out to read what some of the Federalist Pa- fice of United States Senator or who holds there each day in the working world pers have said to us. They have said, by the office shall serve more than one addi- trying to make a living. I believe that tional term. Alexander Hamilton in Paper No. 71, ‘‘SECTION 3. This article shall have no time people here in Congress should be sent ‘‘Deprive the new government of expe- limit within which it must be ratified to be- and are sent to represent and not rule rienced officials and reduce the incen- come operative upon the ratification of the over the people. tives for political accountability.’’ legislatures of three-fourths of the several Mr. Chairman, it is clear that what James Madison in No. 53 writes, ‘‘The states.’’. we need to do today is to enact term greater the proportion of new Mem- The CHAIRMAN. Pursuant to House limits so that Nebraskans and other bers, the more apt they will be to fall Resolution 47, the gentleman from Ne- States like Nebraska who have over- into the snares that might be laid for braska [Mr. CHRISTENSEN] and the gen- whelmingly asked for this type of ini- them.’’ tleman from Virginia [Mr. SCOTT] will tiative, be put into law. I ask Members I was a new Member, and I think we each control 5 minutes. therefore to join me today in support- need fresh faces and new ideas here, The Chair recognizes the gentleman ing the Christensen amendment, which but they should come from our individ- from Nebraska [Mr. CHRISTENSEN]. is a 6-year, 12-year type of approach ual constituencies and from our people (Mr. CHRISTENSEN asked and was with a beginning of this year. voting, not from a gimmick like term given permission to revise and extend Mr. Chairman, I reserve the balance limits. his remarks.) of my time. Finally, Mr. Chairman, let me just Mr. CHRISTENSEN. Mr. Chairman, I Mr. SCOTT. Mr. Chairman, I yield say that I feel very strongly about this. yield myself such time as I may myself such time as I may consume, I feel that we can inspire people to consume. and I rise in opposition to the legisla- vote, and we need to run positive cam- I thank the Chairman for allowing tion. paigns and not mud sling at one an- me to speak on an issue that is so im- Mr. Chairman, there is an old con- other. We need to run bipartisan legis- portant to the majority of Americans, gressional adage that all that needs to lation here. We need to reform our and that is the issue of term limits. be said has already been said but all campaign laws. That will encourage Americans unequivocally support the that need to say it have not already people to vote. concept of term limits. Poll after poll said it. Mr. SCOTT. Mr. Chairman, I yield will reflect this. But this past fall, vot- This substitute is virtually identical back the balance of my time. ers across the country approved term to several that have been defeated pre- The CHAIRMAN. All time has ex- limit amendments to their State con- viously by margins of greater than 3 to pired. stitutions, giving further credence to 1. This amendment refers to the legis- The question is on the amendment in what we already know to be true. lation as an amendment and has a per- the nature of a substitute offered by Americans are demanding term lim- fecting paragraph; the Arkansas the gentleman from Missouri [Mr. its. The people of my State have now amendment refers to legislation as the BLUNT]. spoken three times on this issue. In congressional term-limits amendment; The question was taken; and the 1992, Nebraskans passed a term-limits the Colorado amendment referred to it Chairman announced that the noes ap- amendment to our State constitution, as an amendment; the Idaho amend- peared to have it. only to have it thrown out by the State ment referred to it as an article; the Mr. BLUNT. Mr. Chairman, I demand supreme court on a ballot requirement Missouri amendment referred to it as a recorded vote. technicality. Undaunted, the voters of an amendment; the next amendment The CHAIRMAN. Pursuant to House Nebraska passed another term-limits we will consider refers to it as an Resolution 47, further proceedings on amendment by an even greater margin amendment, but substantively they are the amendment in the nature of a sub- 2 years ago. This amendment was later all identical. So we will just incor- stitute offered by the gentleman from invalidated by the U.S. Supreme Court. porate by reference all of the argu- Missouri [Mr. BLUNT] will be post- This past November, Nebraska and ments against this amendment that poned. eight other States adopted term-limit have previously been made and have It is now in order to consider Amend- amendments to their respective con- been very successful in defeating it. ment No. 5 printed in House Report stitutions by overwhelming margins; 61 Mr. Chairman, I reserve the balance 105–4. percent of the voters in my district ap- of my time. AMENDMENT IN THE NATURE OF A SUBSTITUTE proved term limits last fall. Nebras- Mr. CHRISTENSEN. Mr. Chairman, I OFFERED BY MR. CHRISTENSEN kans feel very strongly that term lim- yield myself such time as I may Mr. CHRISTENSEN. Mr. Chairman, I its are a necessary step in returning consume. This amendment does par- offer an amendment in the nature of a our Government to the people. allel exactly word for word the ballot substitute. I do agree with my friend from Indi- initiative 409 in the State of Nebraska. The CHAIRMAN. The Clerk will des- ana that the answers to America’s I greatly respect my friend from Vir- ignate the amendment in the nature of problems do not lie in Washington, but ginia. a substitute. I believe until we fully get to that step, Mr. Chairman, I yield back the bal- The text of the amendment in the na- we need to continue toward what the ance of my time. ture of a substitute is as follows: people want. The people of Nebraska Mr. SCOTT. Mr. Chairman, I yield Amendment in the nature of a sub- ask strongly, and with a 61-percent ap- back the balance of my time. stitute offered by Mr. CHRISTENSEN: proval, to make sure that we had an The CHAIRMAN. The question is on Strike all after the resolving clause and in- opportunity to offer this today. the amendment in the nature of a sub- sert the following: That the following article is proposed as an During my first campaign for Con- stitute offered by the gentleman from amendment to the Constitution of the Unit- gress, I pledged I would serve no more Nebraska [Mr. CHRISTENSEN]. ed States, which shall be valid to all intents than four terms. That was in accord- The question was taken; and the and purposes as part of the Constitution ance with Nebraska term-limits law at Chairman announced that the noes ap- when ratified by the legislatures of three- the time. I did so because I believed peared to have it. fourths of the several States: that a citizen legislature, a citizen Mr. CHRISTENSEN. Mr. Chairman, I ‘‘ARTICLE — Congress, that was originally founded demand a recorded vote, and pending ‘‘SECTION 1. No person shall serve in the of- by our Founding Fathers, was what that, I make the point of order that a fice of United States Representative for their intent was to be, and to follow quorum is not present. more than three terms, but upon ratification that direction. But yet America has The CHAIRMAN. Pursuant to House of this amendment no person who has held gone away from that, and I believe that Resolution 47, further proceedings on the office of United States Representative or who then holds the office shall serve for there are too many people that are the amendment in the nature of a sub- more than two additional terms. making this into a career. stitute offered by the gentleman from ‘‘SECTION 2. No person shall serve in the of- I ask you today how anyone who Nebraska [Mr. CHRISTENSEN] will be fice of United States Senator for more than spends over 30 years here, how they can postponed. H496 CONGRESSIONAL RECORD — HOUSE February 12, 1997 The point of no quorum is considered lot was that the voters, and I feel same kind of name recognition unless withdrawn. across America as well as in Nevada, they raise so much money or have in- It is now in order to consider amend- are deeply troubled by Congress and credible personal wealth, because in- ment No. 6 printed in House Report their continuing disregard for their de- cumbents get on the radio whenever 105–4. sire for term limits. The voters are they want, they get on television AMENDMENT IN THE NATURE OF A SUBSTITUTE concerned that there is a conflict of in- whenever they want, they go to our OFFERED BY MR. ENSIGN terest whereby Congress has ignored plants whenever they want, and these Mr. ENSIGN. Mr. Chairman, I offer the voice of the people and failed to same opportunities are not afforded to an amendment in the nature of a sub- pass term limits. They are concerned challengers. stitute. that without term limits, the effort to b 1515 The CHAIRMAN. The Clerk will des- get reelected seriously dilutes the ef- The other things that have been ignate the amendment in the nature of fectiveness of Congress. They are con- brought up on the floor today address a substitute. cerned that career politicians will per- turnover. We have had a tremendous The text of the amendment in the na- petuate their dominion over Congress. turn over the last few years. Well, ture of a substitute is as follows: But most of all they are concerned that those have been extraordinary cir- Amendment in the nature of a sub- the lack of term limits denies the will cumstances. One is we had a campaign stitute offered by Mr. ENSIGN: of our Founding Fathers, that this finance reform bill where Members of Strike all after the resolving clause and in- branch of government remain closest Congress had to retire if they wanted sert the following: to the people. to take their campaign money with That the following article is proposed as an Nevada has joined the ranks of 23 them. We look at several of the other amendment to the Constitution of the Unit- other States which support term lim- things that have happened: There have ed States, which shall be valid to all intents its. By the terms of the Nevada con- and purposes as part of the Constitution been extraordinary circumstances of stitution, the State amendment initia- why we have had tremendous turnover. when ratified by the legislatures of three- tive to support term limits must be ap- fourths of the several States: This is not normal. We also look at the proved by the voters in two general ‘‘CONGRESSIONAL TERM LIMITS AMENDMENT statistics: Incumbents have a huge ad- elections. Although neither Represent- vantage on being reelected, and a lot of ‘‘SECTION 1. No person shall serve in the of- ative ENSIGN nor I are standing before fice of the United States Representative for good people do not run for office be- more than three terms, but upon ratification you today for any other reason, we are cause if one is faced with a 20 or 30 to of this amendment no person who has held representing the spirit of our voters. 1 chance of winning against an incum- the office of United States Representative or Mr. SCOTT. Mr. Chairman, I yield bent, they do not want to have their who then holds the office shall serve for myself such time as I may consume. family’s name drug through the mud, more than two additional terms. We have heard previous speakers talk they do not want their own good name ‘‘SECTION 2. No person shall serve in the of- about trivializing the constitution. I drug through the mud after a success- fice of United States Senator for more than think the exercise we are going ful career, and a lot of good people are two terms, but upon ratification of this through now points out how trivial not coming to this body in America be- amendment no person who has held the of- some of this exercise is. This amend- cause of the power of incumbency. fice of United States Senator or who then ment is virtually identical to several holds the office shall serve for more than one I believe very strongly that we need additional term. that we have previously defeated, as I a blend of fresh ideas coming in con- ‘‘SECTION 3. This article shall have no time said, by margins of 3, almost 4 to 1. stantly with some wisdom that is built limit within which it must be ratified by the There is a difference in this one. The up, and the only way to do that is with legislatures of three-fourths of the several title of the thing is Congressional term limits. States.’’. Term Limits Amendment. The title We also hear a lot about campaign fi- The CHAIRMAN. Pursuant to House listed in others was, quote, Article. We nance reform, and frankly I think that Resolution 47, the gentleman from Ne- use 1, 2, and 3 to designate the sections the prospects for that this year are vada [Mr. ENSIGN] and the gentleman rather than A, B, and C. It is sub- pretty dim myself, just talking with from Virginia [Mr. SCOTT] will each stantively identical to several we have the competing forces. I hope it comes control 5 minutes. already considered. Again, we will in- about. I think we desperately need it. The Chair recognizes the gentleman corporate by reference the arguments But there is no better campaign fi- from Nevada [Mr. Ensign]. that had those other amendments de- nance reform than term limits. The Mr. ENSIGN. Mr. Chairman, I yield 2 feated. power of the incumbency can only be minutes to the gentleman from Nevada Mr. Chairman, I reserve the balance negated by term limits. [Mr. GIBBONS]. of my time. Mr. Chairman, I yield back the bal- Mr. GIBBONS. I thank the gentleman Mr. ENSIGN. Mr. Chairman, I yield ance of my time. Mr. SCOTT. Mr. Chairman, I yield from Nevada [Mr. ENSIGN] for yielding myself such time as I may consume. me this time. Mr. Chairman, I want to address a back the balance of my time. The CHAIRMAN. The question is on Mr. Chairman, I am a strong believer few of the points that have been the amendment in the nature of a sub- in term limits for Members of Con- brought up here today on the House stitute offered by the gentleman from gress. I am very excited that as a fresh- floor. First of all, yes, we are pretty as- Nevada [Mr. ENSIGN]. man Member and a Representative, I sured that we are not going to win this The question was taken; and the have taken an active involvement in term limits battle today. But it is im- chairman announced that the noes ap- such an important debate. portant that we do have this vote, for peared to have it. As my colleague the gentleman from the will of the American people is to Mr. ENSIGN. Mr. Chairman, I de- Nevada [Mr. ENSIGN] has stated, a ma- have term limits and the only way that mand a recorded vote. jority of Nevada voters have mandated they know whether or not their Mem- The CHAIRMAN. Pursuant to House that we support three two-year terms ber represents them the way that they Resolution 47, further proceedings on for Representatives and two 6-year want is to have recorded votes. That is the amendment in the nature of a sub- terms for Senators. Our amendment re- why I applaud the leadership in the stitute offered by the gentleman from flects these limits and sets no time House of Representatives for not only Nevada [Mr. ENSIGN] will be postponed. limit for ratification. Our amendment bringing this to the floor today but SEQUENTIAL VOTES POSTPONED IN COMMITTEE also does not apply to terms retro- also in the last Congress. The reason OF THE WHOLE actively. It just states that upon ratifi- that I believe so strongly in term lim- The CHAIRMAN. Pursuant to House cation, incumbent Representatives its are several reasons. One is the Resolution 47, proceedings will now re- may serve no more than 2 additional power of incumbency. People say, sume on those amendments on which terms and incumbent Senators no more ‘‘Well, you have term limits at the bal- further proceedings were postponed, in than 1 additional term. lot booth.’’ Mr. Chairman, nothing the following order: amendment No. 4 If I may characterize, Mr. Chairman, could be further from the truth simply offered by the gentleman from Mis- the reasons that the question of term because of the power of incumbency. souri [Mr. BLUNT], amendment No. 5 of- limits was put on the 1996 Nevada bal- Challengers in no way can have the fered by the gentleman from Nebraska February 12, 1997 CONGRESSIONAL RECORD — HOUSE H497

[Mr. CHRISTENSEN], and amendment No. Gekas Manton Rush PERSONAL EXPLANATION Gephardt Manzullo Ryun 6 offered by the gentleman from Ne- Gilchrest Markey Sabo Mr. PICKERING. Mr. Chairman, on roll call vada [Mr. ENSIGN]. Gilman Martinez Sanchez no. 14, I was unavoidably detained. Had I AMENDMENT NO. 4 IN THE NATURE OF A Gonzalez Mascara Sanders been present, I would have voted ``no.'' Goodlatte Matsui Sandlin SUBSTITUTE OFFERED BY MR. BLUNT Goodling McCarthy (NY) Sawyer PERSONAL EXPLANATION The CHAIRMAN. The pending busi- Gordon McCollum Saxton Mr. SMITH of New Jersey. Mr. Chairman, ness is the demand for a recorded vote Granger McCrery Schaefer, Dan on roll call no. 14, I was unavoidably detained. Green McDade Schaffer, Bob on the amendment in the nature of a Greenwood McDermott Schiff Had I been present, I would have voted ``no.'' substitute offered by the gentleman Gutierrez McGovern Schumer AMENDMENT NO. 5 IN THE NATURE OF A from Missouri [Mr. BLUNT] on which Gutknecht McHale Scott SUBSTITUTE OFFERED BY MR. CHRISTENSEN further proceedings were postponed and Hall (OH) McHugh Sensenbrenner Hamilton McInnis Serrano The CHAIRMAN. The pending busi- on which the noes prevailed by voice Hansen McIntyre Sessions ness is the demand for a recorded vote vote. Hastert McKeon Shaw on the amendment in the nature of a The Clerk will redesignate the Hastings (FL) McKinney Shays substitute offered by the gentleman Hastings (WA) Meek Sherman amendment in the nature of a sub- Hayworth Menendez Shimkus from Nebraska [Mr. CHRISTENSEN] on stitute. Hefley Mica Shuster which further proceedings were post- The Clerk redesignated the amend- Hefner Millender- Sisisky poned and on which the noes prevailed Hilliard McDonald Skaggs ment in the nature of a substitute. Hinchey Miller (CA) Skeen by voice vote. RECORDED VOTE Hinojosa Miller (FL) Skelton The Clerk will redesignate the The CHAIRMAN. A recorded vote has Hobson Mink Slaughter amendment in the nature of a sub- Hoekstra Moakley Smith (OR) stitute. been demanded. Holden Molinari Smith (TX) A recorded vote was ordered. Hooley Mollohan Smith, Adam The Clerk redesignated the amend- Horn Moran (KS) Smith, Linda ment in the nature of a substitute. The vote was taken by electronic de- Hostettler Moran (VA) Snowbarger RECORDED VOTE vice, and there were—ayes 72, noes 353, Houghton Morella Snyder not voting 8, as follows: Hoyer Murtha Solomon The CHAIRMAN. A recorded vote has Hulshof Nadler Souder [Roll No 14] been demanded. Hunter Neal Spence A recorded vote was ordered. AYES—72 Hutchinson Nethercutt Spratt Hyde Northup Stabenow The vote was taken by electronic de- Armey Emerson Maloney (CT) Istook Norwood Stark vice, and there were—ayes 83, noes 342, Baldacci Ensign McCarthy (MO) Jackson (IL) Nussle Stearns Barcia Forbes McIntosh not voting 8, as follows: Jefferson Oberstar Stenholm Bartlett Fox McNulty Jenkins Olver Stokes [Roll No. 15] Bass Franks (NJ) Meehan John Ortiz Strickland Bilbray Ganske Metcalf AYES—83 Johnson (CT) Owens Stump Blunt Gibbons Minge Armey Emerson McCrery Johnson (WI) Oxley Stupak Bono Gillmor Myrick Baldacci English McIntosh Johnson, E. B. Packard Sununu Bryant Goode Neumann Barcia Ensign McNulty Johnson, Sam Pallone Tanner Burr Goss Ney Bartlett Forbes Meehan Kanjorski Pappas Tauscher Cannon Graham Paul Bass Fox Metcalf Kaptur Parker Tauzin Chabot Hall (TX) Peterson (MN) Bilbray Franks (NJ) Minge Kasich Pascrell Taylor (MS) Clement Harman Rohrabacher Blunt Furse Myrick Kelly Pastor Taylor (NC) Coble Herger Royce Bryant Ganske Neumann Kennedy (MA) Paxon Thomas Coburn Hill Salmon Burr Gibbons Ney Kennedy (RI) Payne Thompson Combest Hilleary Sanford Cannon Gillmor Paul Kennelly Pease Thune Condit Inglis Shadegg Chabot Goode Peterson (MN) Kildee Pelosi Thurman Cook Jackson-Lee Smith (MI) Chenoweth Goss Petri Kilpatrick Peterson (PA) Tiahrt Cooksey (TX) Talent Christensen Graham Riley Kind (WI) Petri Tierney Cramer Jones Thornberry Coble Hall (TX) Rohrabacher King (NY) Pickett Torres Crane Kim Wamp Coburn Harman Royce Kingston Pitts Towns Danner Klug Watts (OK) Combest Herger Salmon Kleczka Pombo Traficant DeFazio Largent Whitfield Condit Hill Sanford Klink Pomeroy Turner Deutsch Lewis (KY) Cook Hilleary Shadegg Knollenberg Porter Upton Dunn LoBiondo Cooksey Inglis Smith (MI) Kolbe Portman Velazquez Cramer Jones Talent Kucinich Poshard Vento NOES—353 Crane Kim Tauzin LaFalce Price (NC) Visclosky Crapo Klug Thornberry Abercrombie Brown (OH) Dickey LaHood Pryce (OH) Walsh Cubin Largent Thune Ackerman Bunning Dicks Lampson Quinn Waters Danner Lewis (KY) Wamp Aderholt Burton Dingell Lantos Radanovich Watkins DeFazio LoBiondo Watts (OK) Allen Buyer Dixon Latham Rahall Watt (NC) Deutsch Lucas Weldon (FL) Andrews Callahan Doggett LaTourette Ramstad Waxman Dickey Maloney (CT) Whitfield Archer Calvert Dooley Lazio Rangel Weldon (FL) Dunn McCarthy (MO) Bachus Camp Doolittle Leach Regula Weldon (PA) Baesler Campbell Doyle Levin Reyes Weller NOES—342 Baker Canady Dreier Lewis (CA) Riggs Wexler Ballenger Capps Duncan Lewis (GA) Riley Weygand Abercrombie Bonilla Costello Barr Cardin Edwards Linder Rivers White Ackerman Bonior Cox Barrett (NE) Castle Ehlers Lipinski Roemer Wicker Aderholt Borski Coyne Barrett (WI) Chambliss Ehrlich Livingston Rogan Wise Allen Boswell Cummings Barton Chenoweth Engel Lofgren Rogers Wolf Andrews Boucher Cunningham Bateman Christensen English Lowey Ros-Lehtinen Woolsey Archer Boyd Davis (FL) Becerra Clayton Eshoo Lucas Rothman Wynn Bachus Brady Davis (IL) Bentsen Clyburn Etheridge Luther Roukema Yates Baesler Brown (CA) Davis (VA) Bereuter Collins Evans Maloney (NY) Roybal-Allard Young (FL) Baker Brown (FL) Deal Berman Conyers Everett Ballenger Brown (OH) DeGette Berry Costello Ewing NOT VOTING—8 Barr Bunning Delahunt Bilirakis Cox Farr Barrett (NE) Burton DeLauro Bishop Coyne Fattah Carson Pickering Smith (NJ) Barrett (WI) Buyer DeLay Blagojevich Crapo Fawell Clay Richardson Young (AK) Barton Callahan Dellums Bliley Cubin Fazio Obey Scarborough Bateman Calvert Diaz-Balart Blumenauer Cummings Filner Becerra Camp Dicks Boehlert Cunningham Flake Bentsen Campbell Dingell Boehner Davis (FL) Foglietta b 1536 Bereuter Canady Dixon Bonilla Davis (IL) Foley Berman Capps Doggett Bonior Davis (VA) Ford Messrs. Thune, Torres, and White Berry Cardin Dooley Borski Deal Fowler changed their vote from ‘‘aye’’ to ‘‘no.’’ Bilirakis Castle Doolittle Boswell DeGette Frank (MA) Bishop Chambliss Doyle Boucher Delahunt Frelinghuysen So the amendment in the nature of a Blagojevich Clayton Dreier Boyd DeLauro Frost substitute was rejected. Bliley Clement Duncan Brady DeLay Furse Blumenauer Clyburn Edwards Brown (CA) Dellums Gallegly The result of the vote was announced Boehlert Collins Ehlers Brown (FL) Diaz-Balart Gejdenson as above recorded. Boehner Conyers Ehrlich H498 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Engel Lampson Rivers The result of the vote was announced Cummings Kelly Pryce (OH) Eshoo Lantos Roemer as above recorded. Cunningham Kennedy (MA) Quinn Etheridge Latham Rogan Davis (FL) Kennedy (RI) Rahall Evans LaTourette Rogers PERSONAL EXPLANATION Davis (IL) Kennelly Ramstad Everett Lazio Ros-Lehtinen Mr. BONO. Mr. Chairman, on rollcall Deal Kildee Rangel Ewing Leach Rothman No. 15, I was unavoidably detained. Had DeGette Kilpatrick Regula Farr Levin Roukema Delahunt Kind (WI) Reyes Fattah Lewis (CA) Roybal-Allard I been present, I would have voted DeLauro King (NY) Riggs Fawell Lewis (GA) Rush ‘‘yes’’. DeLay Kingston Rivers Fazio Linder Ryun Dellums Kleczka Roemer Filner Lipinski Sabo PERSONAL EXPLANATION Diaz-Balart Klink Rogan Flake Livingston Sanchez Mr. SMITH of New Jersey. Mr. Chairman, Foglietta Lofgren Sanders Dicks Knollenberg Rogers Foley Lowey Sandlin on rollcall No. 15, I was unavoidably detained. Dingell Kolbe Ros-Lehtinen Ford Luther Sawyer Had I been present, I would have voted ``no''. Dixon Kucinich Rothman Doggett LaFalce Roukema Fowler Maloney (NY) Saxton AMENDMENT NO. 6 IN THE NATURE OF A Frank (MA) Manton Schaefer, Dan Dooley LaHood Roybal-Allard SUBSTITUTE OFFERED BY MR. ENSIGN Frelinghuysen Manzullo Schaffer, Bob Doolittle Lampson Rush Frost Markey Schiff The CHAIRMAN. The pending busi- Doyle Lantos Ryun Gallegly Martinez Schumer ness is the demand for a recorded vote Dreier Latham Sabo Gejdenson Mascara Scott on the amendment in the nature of a Duncan Lazio Sanchez Gekas Matsui Sensenbrenner substitute offered by the gentleman Edwards Leach Sanders Gephardt McCarthy (NY) Serrano Ehlers Levin Sandlin Gilchrest McCollum Sessions from Nevada [Mr. ENSIGN], on which Ehrlich Lewis (CA) Sawyer Gilman McDade Shaw further proceedings were postponed and Engel Lewis (GA) Saxton Gonzalez McDermott Shays Eshoo Linder Schaefer, Dan Goodlatte on which the noes prevailed by a voice McGovern Sherman Etheridge Lipinski Schaffer, Bob Goodling McHale Shimkus vote. Evans Livingston Schiff Gordon McHugh Shuster The Clerk will redesignate the Everett Lofgren Schumer Granger McInnis Sisisky amendment in the nature of a sub- Green McIntyre Skaggs Ewing Lowey Scott Greenwood McKeon Skeen stitute. Farr Luther Sensenbrenner Gutierrez McKinney Skelton The Clerk redesignated the amend- Fattah Maloney (NY) Serrano Gutknecht Meek Slaughter ment in the nature of a substitute. Fawell Manton Sessions Hall (OH) Menendez Smith (OR) Fazio Manzullo Shaw Hamilton Mica Smith (TX) RECORDED VOTE Filner Markey Shays Hansen Millender- Smith, Adam The CHAIRMAN. A recorded vote has Flake Martinez Sherman Hastert McDonald Smith, Linda been demanded. Foglietta Mascara Shimkus Hastings (FL) Miller (CA) Snowbarger Foley Matsui Shuster Hastings (WA) Miller (FL) Snyder A recorded vote was ordered. Ford McCarthy (NY) Sisisky Hayworth Mink Solomon The CHAIRMAN. This is a 5-minute Fowler McCollum Skaggs Hefley Moakley Souder vote. Frank (MA) McDade Skeen Hefner Molinari Spence The vote was taken by electronic de- Frelinghuysen McDermott Skelton Hilliard Mollohan Spratt Frost McGovern Slaughter Hinchey Moran (KS) Stabenow vice, and there were—ayes 85, noes 339, Gallegly McHale Smith (OR) Hinojosa Moran (VA) Stark not voting 9, as follows: Gejdenson McHugh Smith (TX) Hobson Morella Stearns Gekas McInnis Smith, Adam Hoekstra Murtha Stenholm [Roll No. 16] Gephardt McIntyre Smith, Linda Holden Nadler Stokes AYES—85 Hooley Neal Strickland Gilchrest McKeon Snowbarger Armey Dunn McCrery Horn Nethercutt Stump Gilman McKinney Snyder Baldacci Emerson McIntosh Hostettler Northup Stupak Gonzalez Meek Solomon Barcia English McNulty Houghton Norwood Sununu Goodlatte Menendez Souder Bartlett Ensign Meehan Hoyer Nussle Tanner Goodling Mica Spence Bass Forbes Metcalf Hulshof Oberstar Tauscher Gordon Millender- Spratt Bilbray Fox Minge Hunter Olver Taylor (MS) Granger McDonald Stabenow Blunt Franks (NJ) Myrick Hutchinson Ortiz Taylor (NC) Green Miller (CA) Stark Bono Furse Neumann Hyde Owens Thomas Greenwood Miller (FL) Stearns Bryant Ganske Ney Istook Oxley Thompson Gutierrez Mink Burr Gibbons Paul Stenholm Jackson (IL) Packard Thurman Gutknecht Moakley Cannon Gillmor Peterson (MN) Stokes Jackson-Lee Pallone Tiahrt Molinari Chabot Goode Radanovich Hall (OH) Strickland (TX) Pappas Tierney Chenoweth Goss Riley Hamilton Mollohan Stump Jefferson Parker Torres Christensen Graham Rohrabacher Hansen Moran (KS) Stupak Jenkins Pascrell Towns Coble Hall (TX) Royce Hastert Moran (VA) Sununu John Pastor Traficant Coburn Harman Salmon Hastings (FL) Morella Tanner Johnson (CT) Paxon Turner Combest Herger Sanford Hastings (WA) Murtha Tauscher Johnson (WI) Payne Upton Condit Hill Shadegg Hayworth Nadler Johnson, E. B. Pease Velazquez Taylor (MS) Cook Hilleary Smith (MI) Hefley Neal Johnson, Sam Pelosi Vento Thomas Cooksey Inglis Talent Hefner Nethercutt Kanjorski Peterson (PA) Visclosky Thompson Cramer Jones Tauzin Hilliard Northup Kaptur Pickering Walsh Thurman Crane Kim Thornberry Norwood Kasich Pickett Waters Hinchey Tiahrt Crapo Klug Thune Kelly Pitts Watkins Hinojosa Nussle Tierney Cubin Largent Wamp Kennedy (MA) Pombo Watt (NC) Hobson Oberstar Torres Danner Lewis (KY) Watts (OK) Kennedy (RI) Pomeroy Waxman Hoekstra Olver Towns Davis (VA) LoBiondo Weldon (FL) Kennelly Porter Weldon (PA) Holden Ortiz Traficant DeFazio Lucas Whitfield Kildee Portman Weller Hooley Owens Turner Deutsch Maloney (CT) Kilpatrick Poshard Wexler Horn Oxley Dickey McCarthy (MO) Upton Kind (WI) Price (NC) Weygand Hostettler Packard Velazquez King (NY) Pryce (OH) White NOES—339 Houghton Pallone Vento Kingston Quinn Wicker Hoyer Pappas Abercrombie Berry Burton Visclosky Kleczka Radanovich Wise Hulshof Parker Walsh Klink Rahall Wolf Ackerman Bilirakis Buyer Hunter Pascrell Waters Knollenberg Ramstad Woolsey Aderholt Bishop Callahan Hutchinson Pastor Allen Blagojevich Calvert Watkins Kolbe Rangel Wynn Hyde Paxon Andrews Bliley Camp Watt (NC) Kucinich Regula Yates Istook Payne Archer Blumenauer Campbell Waxman LaFalce Reyes Young (FL) Jackson (IL) Pease Bachus Boehlert Canady Weldon (PA) LaHood Riggs Jackson-Lee Pelosi Baesler Boehner Capps Weller (TX) Peterson (PA) Baker Bonilla Cardin Wexler NOT VOTING—8 Jefferson Petri Ballenger Bonior Castle Weygand Bono Obey Smith (NJ) Jenkins Pickering Barr Borski Chambliss White Carson Richardson Young (AK) John Pickett Barrett (NE) Boswell Clayton Wicker Clay Scarborough Johnson (CT) Pitts Barrett (WI) Boucher Clement Wise Johnson (WI) Pombo Barton Boyd Clyburn Wolf Johnson, E. B. Pomeroy b Bateman Brady Collins Woolsey 1548 Becerra Brown (CA) Conyers Johnson, Sam Porter Wynn Bentsen Brown (FL) Costello Kanjorski Portman Yates So the amendment in the nature of a Bereuter Brown (OH) Cox Kaptur Poshard substitute was rejected. Berman Bunning Coyne Kasich Price (NC) Young (FL) February 12, 1997 CONGRESSIONAL RECORD — HOUSE H499 NOT VOTING—9 Frankly, it has been my long-held be- Because I am so committed to the Carson Obey Smith (NJ) lief that our country and this Congress concepts of term limits, I would urge Clay Richardson Taylor (NC) would be well served by term limits. So my colleagues to vote in favor of some LaTourette Scarborough Young (AK) I have consistently throughout the last amendment today, some version, some b 1557 year as I have campaigned across the approach that we can put on the ballot and get a serious vote. Frankly, I Mrs. Kennelly changed her vote from State of South Dakota supported term would hate to see this issue go down ‘‘aye’’ to ‘‘no.’’ limits. In fact, I have committed to support because we continually use a shotgun So the amendment in the nature of a the most restrictive version that would approach and give us a range of options substitute was rejected. be enacted by the House of Representa- rather than dealing with one particular The result of the vote was announced tives. But today the amendment that I version that could be enacted and as above recorded. offer would comply with the State law, passed by the two-thirds that are nec- PERSONAL EXPLANATION and the State of South Dakota has essary in the House and the Senate. Mr. SMITH of New Jersey. Mr. Chair- been clear in the message that they Mr. Chairman, I yield 1 minute to the man, on roll call no. 16, I was unavoid- have sent to us, in 1992. Over 63 percent distinguished gentleman from the ably detained. of the voters in our State approved an State of South Carolina [Mr. SANFORD]. Had I been present, I would have amendment to the State Constitution Mr. SANFORD. Mr. Chairman, I rise voted No. that restricted the service of South Da- in support of this amendment because The CHAIRMAN. It is now in order to kota’s congressional delegation and of it seems to me that fewer years yields consider amendment No. 7 printed in the State legislature. more in the way of benefits when it House Report 105–4. While a decision of the U.S. Supreme comes to term limits. I say that for a AMENDMENT IN THE NATURE OF A SUBSTITUTE Court rendered the law invalid as it ap- couple of different reasons. OFFERED BY MR. THUNE plies to Members of Congress, South First, it is consistently what I hear Mr. THUNE. Mr. Chairman, I offer an Dakotans still believe strongly in lim- about from my constituents back amendment in the nature of a sub- iting congressional service. A more re- home. They do not say more or longer stitute. cent vote affirmed that belief. That terms. They say shorter terms. Second, it seems to be the will of the The CHAIRMAN. The Clerk will des- last November almost 68 percent of the Founding Fathers, when they talked ignate the amendment in the nature of voters approved another term limits about our Congress, this institution, a substitute. measure. The measure, now part of they talked about a citizens Congress, The text of the amendment in the na- South Dakota codified law, provides ture of a substitute is as follows: and fewer years would yield that. that any Member of Congress rep- Last, I think that fewer years would Amendment in the nature of a substitute resenting the State of South Dakota yield more in the way of benefit in offered by Mr. THUNE: must work to enact a constitutional Strike all after the resolving clause and in- terms of cutting our Nation’s debt and term limits amendment. deficit. The National Taxpayers Union sert the following: That the following article The law explicitly enumerates what did a study. What they found was that is proposed as an amendment to the Con- actions a Member of the U.S. House or there was direct correlation between stitution of the United States, which shall be U.S. Senate may take in order to enact valid to all intents and purposes as part of the length of time in office and propen- the measure. The law also explicitly the Constitution when ratified by the legis- sity to spend taxpayer money. This defines a term limits amendment to latures of three-fourths of the several States: amendment would make a difference the U.S. Constitution. Those terms are ‘‘ARTICLE— on that front. For that reason, I sup- outlined verbatim in my version of the ‘‘(a) No person shall serve in the office of port it. the United States Representative for more amendment. If a Member of the South Mr. THUNE. Mr. Chairman, I reserve than three terms, but upon ratification of Dakota delegation fails to follow the the balance of my time. this amendment no person who has held the directions of that law, a notation stat- Mr. SCOTT. Mr. Chairman, I yield office of United States Representative or ing ‘‘disregarded voters’ instructions myself such time as I may consume. who then holds the office shall serve for on term limits’’ would appear next to As I understand this amendment, it more than two additional terms. that person’s name on the ballot. provides for three House terms, two ‘‘(b) No person shall serve in the office of To say the least, that notation would Senate terms and is substantively iden- United States Senator for more than two be undesirable to any candidate. As a terms, but upon ratification of this amend- tical to five earlier versions that we ment no person who has held the office of strong proponent of term limits, that have considered. It is my understand- United States Senator or who then holds the statement would not accurately reflect ing that the only difference between office shall serve more than one additional my position on this issue. this amendment and other amend- term. The amendment I offer today would ments is the fact that the sections are ‘‘(c) This article shall have no time limit conform with South Dakota law. The numbered 1, 2 and 3. And instead of within which it must be ratified by the legis- Thune amendment allows for no more using 1, 2 and 3 and capital A and cap- latures of three-fourths of the several than three terms in the U.S. House of states.’’. ital B and capital C, this one des- Representatives and no more than two ignates the sections using small A, Mr. CHAIRMAN. Pursuant to House terms in the U.S. Senate. small B, and small C. Resolution 47, the gentleman from Upon ratification, an individual hold- Mr. Chairman, I would yield to the South Dakota [Mr. THUNE] and the gen- ing office of either House may serve no sponsor of the amendment to explain tleman from Virginia [Mr. SCOTT] each more than two terms in that respective to me if there are any other differences will control 5 minutes. House. I respectfully request my col- between this and other amendments The Chair recognizes the gentleman leagues to vote in favor of the amend- that we have been defeating by mar- from South Dakota [Mr. THUNE]. ment I am offering. At the same time, gins of three and four to one. If there Mr. THUNE. Mr. Chairman, I yield I realize there are similar measures are any differences other than the des- myself such time as I may consume. that would work toward the same pur- ignation 1, 2, 3, capital A, B and C and I appreciate the opportunity to ad- pose. the small letters A, B and C, I yield to dress this issue today. I want to add to In fact, I was an original cosponsor of the gentleman to respond. the menu of options that is available the McCollum resolution, House Joint Mr. THUNE. Mr. Chairman, will the for those who support term limits. I Resolution 2. While my cosponsorship gentleman yield? would like today, Mr. Chairman, to did not change my self-imposed three Mr. SCOTT. I yield to the gentleman vote in favor of the McCollum amend- term limit commitment, I realized that from South Dakota. ment, the Fowler amendment, but cosponsoring that resolution likely Mr. THUNE. Mr. Chairman, I thank frankly the voters of South Dakota would have forced a negative message the gentleman from Virginia for the have spoken as well. We have a specific next to my name on the 1998 ballot. question. provision in our law now, and I must Therefore, on February 4, I had my There are no substantive material rise to offer an amendment which is name removed as a cosponsor of House differences between this and other pro- consistent with that provision. Joint Resolution 2. posals that have been voted on here H500 CONGRESSIONAL RECORD — HOUSE February 12, 1997 today. However, in fairness to the peo- That the following article is proposed as an those citizens in saying eight is enough ple, the voters of our State, we chose amendment to the Constitution of the Unit- and vote for passage of this amend- to have the exact language as adopted ed States, which shall be valid to all intents ment. verbatim by the voters of South Da- and purposes as part of the Constitution Mr. Chairman, I reserve the balance when ratified by the legislatures of three- kota as an option to vote on this after- fourths of the several States within seven of my time. noon. years after the date of its submission for Mr. SCOTT. Mr. Chairman, I yield Mr. SCOTT. Mr. Chairman, we have ratification: myself such time as I may consume. This one has an actual substantive already spoken about the trivializing ‘‘ARTICLE— difference from some of the others we of the Constitution. Obviously this ‘‘No person may serve more than four con- process suggests that we are involved secutive terms as Representative or two con- have considered, having a lifetime of 8 in a very trivial situation right now, secutive terms as Senator, not counting any years. With 8 years, it is 2 years less voting on separate amendments where term that began before the adoption of this worse than the rest we have consid- the only difference is whether sections article of amendment.’’ ered, which were defeated by margins are 1, 2, 3, capital A, B and C or small The CHAIRMAN. Pursuant to House of 4 to 1. A, B and C and taking separate votes Resolution 47, the gentlewoman from Obviously, the fact that this is on the on each one. I will incorporate by ref- Florida [Mrs. FOWLER] and the gen- floor suggests that the committee did erence the substantive arguments that tleman from Virginia [Mr. SCOTT] each not offer any arguments as to why this have been made heretofore that have will control 5 minutes. is any better or worse than any of the resulted in the defeat of amendments The Chair recognizes the gentle- others we have considered. I think the by margins of three and four to one or woman from Florida [Mrs. FOWLER]. Goldilocks rationale probably is about worse. Mrs. FOWLER. Mr. Chairman, I yield the most substantive rationale for this Mr. Chairman, I yield back the bal- myself such time as I may consume. that I have seen. ance of my time. My amendment is very simple. No Mr. Chairman, I would respectfully Mr. THUNE. Mr. Chairman, I yield bells, no whistles, no hidden meaning, ask that the committee treat this the myself such time as I may consume. just straight term limits, eight con- same way they have treated the others. I would simply respond to the gen- secutive years for House Members, 12 Without prolonging the triviality, Mr. tleman from Virginia by saying that I consecutive years for Senators. Chairman, I would just refer to the ar- think most on the floor this afternoon It is the only one offered today that guments that have resulted in defeat of who have suggested that it is is not a lifetime ban. My amendment is the others. trivializing to have these different based on the initiative passed by my Mr. Chairman, I yield back the bal- amendments available probably come State’s voters in 1992. The Eight is ance of my time. from States who have not been directed Enough term limits initiative garnered Mrs. FOWLER. Mr. Chairman, I yield by their voters to have that. I think it 77 percent of the vote in Florida, the myself such time as I may consume. is very important to all of us who have highest percentage for term limits in I would like to make one final point offered such amendments, as a result of any State. today. My amendment is the only one such language being adopted by the Although the Supreme Court decision that limits consecutive service in ei- voters of their State. In compliance struck down those term limits for ther body. It is not a lifetime ban. This with and at the direction of their will, Members of Congress, they are still in last election we have elected several we have the opportunity to vote on effect by our State legislature and former Members of Congress back to these amendments. State cabinet officers. Like many Congress. I think they really bring a Mr. Chairman, I yield back the bal- other States, our Governor was already unique perspective to this institution. I ance of my time. term limited. Six, eight, twelve, there would urge my colleagues to support The CHAIRMAN. The question is on is really no magic number when it my amendment. Mr. Chairman, I yield back the bal- the amendment in the nature of a sub- comes to term limits. Those of us who ance of my time. stitute offered by the gentleman from really support term limits do so be- The CHAIRMAN. The question is on South Dakota [Mr. THUNE]. cause we subscribe to the notion that the amendment in the nature of a sub- The question was taken; and the rotation in office is a good thing. It stitute offered by the gentlewoman Chairman announced that the noes ap- keeps officeholders close to the people. from Florida [Mrs. FOWLER]. peared to have it. I think these goals are realized with any term limits, 12 years or under. The question was taken; and the Mr. THUNE. Mr. Chairman, I demand Chairman announced that the noes ap- a recorded vote and, pending that, I That is why I will support the will of the House and vote for final passage no peared to have it. make the point of order that a quorum Mrs. FOWLER. Mr. Chairman, I de- is not present. matter which version makes it. Because there is no magic number, I mand a recorded vote and, pending The CHAIRMAN. Pursuant to House that, I make the point of order that a Resolution 47, further proceedings on urge all my fellow term limit support- ers to vote for my amendment. About 2 quorum is not present. the amendment in the nature of a sub- The CHAIRMAN. Pursuant to resolu- years ago, a certain unyielding term stitute offered by the gentleman from tion 47, further proceedings on the limits group started shifting the debate South Dakota [Mr. THUNE] will be post- amendment in the nature of a sub- from distinguishing between term lim- poned. stitute offered by gentlewoman from its supporters and term limits oppo- The point of no quorum is considered Florida [Mrs. FOWLER] will be post- nents to distinguishing between sup- withdrawn. poned. porters of 6-year limits and supporters It is now in order to consider amend- The point of no quorum is considered of 12-year limits. That is when I nick- ment No. 8 printed in House Report withdrawn. 105–4. named my bill the Goldilocks bill. If b 1615 AMENDMENT IN THE NATURE OF A SUBSTITUTE you think 6 years is too short and you OFFERED BY MRS. FOWLER think 12 years is too long, then you The CHAIRMAN. It is now in order to Mrs. FOWLER. Mr. Chairman, I offer might think 8 years is just right, just consider amendment No. 9 printed in an amendment in the nature of a sub- like the porridge in that famous nurs- House Report 105–4. stitute. ery tale. I think an 8-year limit is an AMENDMENT IN THE NATURE OF A SUBSTITUTE The CHAIRMAN. The Clerk will des- effective compromise that accom- OFFERED BY MR. SCOTT ignate the amendment in the nature of plishes all the goals we espouse as term Mr. SCOTT. Mr. Chairman, I offer an a substitute. limits advocates. amendment in the nature of a sub- The text of the amendment in the na- Prior to the Supreme Court decision stitute. ture of a substitute is as follows: in 1995, Florida, Ohio, Massachusetts, The CHAIRMAN. The Clerk will des- Amendment in the nature of a substitute and Missouri had passed 8-year term ignate the amendment in the nature of offered by Mrs. FOWLER: limits; 8-year term limits were sup- a substitute. Strike all after the resolving clause and in- ported by 9 million voters in those The text of the amendment in the na- sert the following: States. I urge my colleagues to join ture of a substitute is as follows: February 12, 1997 CONGRESSIONAL RECORD — HOUSE H501 Amendment in the Nature of a Substitute I have to rise in opposition to this gest that if an amendment ever passed Offered by Mr. SCOTT. amendment because what it does is to that did not allow the States to reduce Strike all after the resolving clause and in- create havoc out there and a hodge- the time, we would be back here year sert the following: That the following article is proposed as an podge system. If it were to be adopted, after year after year. amendment to the Constitution of the Unit- every State could adopt whatever it We have seen amendments presented ed States, which shall be valid to all intents wants in the way of term limits up to where if we did not accept exactly the and purposes as part of the Constitution the 12 years. We would wind up with State language, not only the State lan- when ratified by the legislatures of three- some States having 12 years, I am sure guage but the State designation of the fourths of the several States: forever, and other States having 4, 6, 8, sections, using a capital ‘‘A’’ rather ‘‘ARTICLE— who knows, for the House, and who than a small ‘‘a’’ or a number 1 rather ‘‘SECTION 1. No person who has been elected knows for the Senate? than an A or a B, that they will be for a full term to the Senate two times shall The net result of that, I think, would be eligible for election or appointment to the back. So if we want any finality to Senate. No person who has been elected for a be bad government for our country. this, this amendment is absolutely es- full term to the House of Representatives six There would not be any uniformity. All sential. times shall be eligible for election to the the power would flow to those States Mr. Chairman, I yield back the bal- House of Representatives. that were the 12-year States. ance of my time. ‘‘SECTION 2. No person who has served as a The proponents of this say that is Senator for more than three years of a term Mr. MCCOLLUM. Mr. Chairman, I fine; it is the problem of the States, if yield myself the balance of my time, to which some other person was elected shall they make that decision, who choose subsequently be eligible for election to the and I urge in the strongest of terms a Senate more than once. No person who has the lesser number. But I would suggest ‘‘no’’ vote on the Scott amendment. it is easier to say that than in practice served as a Representative for more than one I believe it is a very ingenious to live it. year shall subsequently be eligible for elec- amendment, but it is very destructive tion to the House of Representatives more In reality, many residents of those to the term-limits process for those than five times. States that do not choose to maintain ‘‘SECTION 3. This article shall be inoper- the higher limits, the 12 years, which is who support term-limits. If it were to ative unless it shall have been ratified by the the number of years for the House and pass, it would be much more difficult legislatures of three-fourths of the several for us to ever achieve a term limits States within seven years from the date of Senate in the underlying bill I have of- fered, are going to suffer. They are passage through this body and through its submission to the States by the Congress. the Senate. ‘‘SECTION 4. No election or service occur- going to suffer because the structure in ring before this article becomes operative some of those States, by initiative So for those of us who support term shall be taken into account when determin- process and so forth, is such that they limits, and many of us do in some form ing eligibility for election under this article. may never overcome or repeal or or another, this vote should be ‘‘no’’ on ‘‘SECTION 5. A State may enact a term change those initiatives once they have the Scott amendment regardless of our limit less than that provided in this arti- views on other matters. cle.’’. adopted them for the lesser number of years. Mr. Chairman, I yield back the bal- The CHAIRMAN. Pursuant to House ance of my time. Resolution 47, the gentleman from Vir- I do not think that is good. I do not think our Founding Fathers, as much Mr. HILLEARY. Mr. Chairman, I rise in ginia [Mr. SCOTT] and the gentleman as they overlooked the term limits strong support of the Scott Amendment. from Florida [Mr. MCCOLLUM] will each control 5 minutes. issue itself, would ever want that much Thousands of dedicated individuals gath- The Chair recognizes the gentleman lack of symmetry. ered signatures on petitions in parking lots from Virginia [Mr. SCOTT]. They envisioned a House and Senate across the country. Twenty-five million people Mr. SCOTT. Mr. Chairman, I yield that were pretty equally balanced in have cast ballots in favor of imposing term lim- myself such time as I may consume. power; the States being represented by its on Members of Congress from the States. Mr. Chairman, as the Subcommittee the Senators, who had the ability to This amendment is very similar to the on the Constitution heard with term take care of the small States because Hilleary Amendment which was voted on in limits, we heard testimony that several they were two from every State, re- the 104th Congress. My version recognized States have either enacted or are con- gardless, and the House, which was the Federal term limits statutes that had sidering enacting term limits of less more of a populace-based body. They passed in several States. My amendment was than 12 years. If we are going to have did not envision this breakdown into the only one which clearly protected the hard term limits, I believe, Mr. Chairman, compartments that I have described, work and wishes of these people. that the States ought to have that op- that would allow power to flow to Unfortunately, after the vote on the Hilleary tion. States for other types of reasons, rea- Amendment, the U.S. Supreme Court struck As I have said, personally I think it sons that are far beyond the scope of down all of those State laws as unconstitu- is unnecessary and unwise to limit the the original creators and founders of tional. terms. The voters can limit those this Nation. While the Scott Amendment will not bring terms when they see fit. Judging from So I believe this is a very bad amend- those State laws back to life, it will allow those the turnover in Congress in recent ment. It is disingenuous. I know that States to have the opportunity to enact term years, more than 70 percent of the the gentleman from Virginia, Mr. limits that they feel is right for their federally House has turned over since 1990. So SCOTT, believes in offering it for the elected officials. reasons he has stated. I do not want to the voters seem to be doing a pretty I support States' rights and I support the derogate his personal views on this but, good job. Scott Amendment. Mr. Chairman, if this resolution generally speaking, those who do not I urge all of my colleagues to support final passes without my amendment, it favor term limits would be the ones passage. would have the incredible effect of set- who most likely would want to support ting aside the expressed representa- this amendment. Those who favor it, The CHAIRMAN. The question is on tions of many States. It is obvious and want to really get term limits out the amendment in the nature of a sub- from this exercise that we have been of here ultimately and have it passed, stitute offered by the gentleman from going through that many States expect ought to be supporting the underlying Virginia [Mr. SCOTT]. to be heard in this debate. So if we are bill and should let us go forward and The question was taken; and the to ever have any finality on this, we get to that vote after we finish voting Chairman announced that the noes ap- have to allow States to express their on all the variations of the 6 and 8 peared to have it. views and adopt limits less than 12 years. Mr. SCOTT. Mr. Chairman, I demand years. Mr. Chairman, I reserve the balance a recorded vote. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN. Pursuant to House of my time. Mr. SCOTT. Mr. Chairman, I yield Resolution 47, further proceedings on Mr. MCCOLLUM. Mr. Chairman, I myself such time as I may consume. the amendment in the nature of a sub- yield myself such time as I may I would point out that the exercise stitute offered by the gentleman from consume. that we have been through would sug- Virginia [Mr. SCOTT] will be postponed. H502 CONGRESSIONAL RECORD — HOUSE February 12, 1997

SEQUENTIAL VOTES POSTPONED IN COMMITTEE Clement Johnson, Sam Price (NC) NOT VOTING—8 Clyburn Kanjorski Pryce (OH) OF THE WHOLE Carson Obey Scarborough Collins Kaptur Quinn Clay Pelosi Young (AK) The CHAIRMAN. Pursuant to House Conyers Kasich Rahall Goodling Richardson Resolution 47, proceedings will now re- Costello Kelly Ramstad sume on those amendments on which Cox Kennedy (MA) Rangel Messrs. SAXTON, HEFNER, and further proceedings were postponed in Coyne Kennedy (RI) Regula LATHAM changed their vote from Cummings Kennelly Reyes the following order: Amendment No. 7 Cunningham Kildee Riggs ‘‘aye’’ to ‘‘no.’’ offered by the gentleman from South Davis (FL) Kilpatrick Rivers Mr. JONES changed his vote from Dakota [Mr. THUNE]; amendment No. 8 Davis (IL) Kind (WI) Roemer ‘‘no’’ to ‘‘aye.’’ Rogan offered by the gentlewoman from Flor- Deal King (NY) So the amendment in the nature of a DeGette Kingston Rogers ida [Ms. FOWLER]; and amendment No. Delahunt Kleczka Ros-Lehtinen substitute was rejected. 9 offered by the gentleman from Vir- DeLauro Klink Rothman The result of the vote was announced Roukema DeLay Knollenberg ginia [Mr. SCOTT]. Roybal-Allard as above recorded. Dellums Kolbe The Chair will reduce to 5 minutes Rush AMENDMENT IN THE NATURE OF A SUBSTITUTE Diaz-Balart Kucinich Ryun the time for any electronic vote after Dicks LaFalce OFFERED BY MRS. FOWLER Sabo the first vote in this series. Dingell LaHood Sanchez The CHAIRMAN. The pending busi- AMENDMENT NO. 7 IN THE NATURE OF A Dixon Lampson Sanders ness is the demand for a recorded vote Doggett Lantos SUBSTITUTE OFFERED BY MR. THUNE Sandlin on the amendment in the nature of a Dooley Latham The CHAIRMAN. The pending busi- Sawyer substitute offered by the gentlewoman Doolittle LaTourette Saxton ness is the demand for a recorded vote Doyle Lazio Schaefer, Dan from Florida [Mrs. FOWLER] on which on the amendment in the nature of a Dreier Leach Schaffer, Bob further proceedings were postponed and substitute offered by the gentleman Duncan Levin Schiff on which the noes prevailed by voice Edwards Lewis (CA) Schumer from South Dakota [Mr. THUNE] on Ehlers Lewis (GA) Scott vote. which further proceedings were post- Ehrlich Linder Sensenbrenner The Clerk will redesignate the poned and on which the noes prevailed Engel Lipinski Serrano amendment in the nature of a sub- English Livingston by voice vote. Sessions stitute. Eshoo Lofgren Shaw The Clerk will redesignate the Etheridge Lowey Shays The Clerk redesignated the amend- amendment in the nature of a sub- Evans Luther Sherman ment in the nature of a substitute. Everett Maloney (NY) Shimkus stitute. RECORDED VOTE Ewing Manton Shuster The Clerk redesignated the amend- Farr Manzullo Sisisky The CHAIRMAN. A recorded vote has ment in the nature of a substitute. Fattah Markey Skaggs been demanded. Fawell Martinez RECORDED VOTE Skeen A recorded vote was ordered. Fazio Mascara Skelton The CHAIRMAN. A recorded vote has Filner Matsui Slaughter The CHAIRMAN. This will be a 5- been demanded. Flake McCarthy (NY) Smith (NJ) minute vote. A recorded vote was ordered. Foglietta McCollum Smith (OR) The vote was taken by electronic de- Foley McDade Smith (TX) The vote was taken by electronic de- Ford McDermott Smith, Adam vice, and there were—ayes 91, noes 335, vice, and there were—ayes 83, noes 342, Fowler McGovern Smith, Linda not voting 7, as follows: not voting 8, as follows: Frank (MA) McHale Snowbarger [Roll No. 18] Frelinghuysen McHugh Snyder [Roll No. 17] Frost McInnis Solomon AYES—91 AYES—83 Gallegly McIntyre Souder Armey Foley Nethercutt Gejdenson McKeon Spence Barcia Forbes Armey Dunn McCrery Neumann Gekas McKinney Spratt Bartlett Fowler Baldacci Emerson McIntosh Ney Gephardt Meek Stabenow Bass Fox Barcia Ensign McNulty Norwood Gilchrest Menendez Stark Bilbray Franks (NJ) Bartlett Forbes Meehan Paul Gilman Mica Stearns Bilirakis Furse Bilbray Fox Metcalf Peterson (MN) Gonzalez Millender- Stenholm Blagojevich Ganske Blunt Franks (NJ) Minge Pryce (OH) McDonald Stokes Bonilla Gibbons Bono Furse Myrick Goodlatte Radanovich Strickland Bono Gillmor Bryant Ganske Neumann Gordon Miller (CA) Reyes Stump Bryant Goode Burr Gibbons Ney Granger Miller (FL) Riggs Stupak Burr Goss Cannon Gillmor Paul Green Mink Riley Sununu Callahan Graham Chabot Goode Peterson (MN) Greenwood Moakley Rohrabacher Tanner Canady Hall (TX) Chenoweth Goss Radanovich Gutierrez Molinari Ros-Lehtinen Tauscher Cannon Harman Christensen Graham Riley Gutknecht Mollohan Royce Taylor (MS) Chabot Herger Coble Hall (TX) Rohrabacher Hall (OH) Moran (KS) Sanford Taylor (NC) Coble Hilleary Coburn Harman Royce Hamilton Moran (VA) Shadegg Thomas Coburn John Combest Herger Salmon Hansen Morella Shaw Thompson Combest Jones Condit Hill Sanford Hastert Murtha Sherman Thurman Condit Kim Cook Hilleary Shadegg Hastings (FL) Nadler Smith (MI) Tiahrt Cook Klug Cooksey Inglis Smith (MI) Hastings (WA) Neal Smith, Linda Tierney Cooksey Largent Cramer Jones Talent Hayworth Nethercutt Talent Torres Cramer LaTourette Crane Kim Tauzin Hefley Northup Taylor (NC) Towns Crane Lewis (KY) Crapo Klug Thornberry Hefner Norwood Thornberry Traficant Cubin LoBiondo Cubin Largent Thune Hilliard Nussle Traficant Turner Danner Lucas Danner Lewis (KY) Wamp Hinchey Oberstar Wamp Hinojosa Olver Upton Davis (VA) Maloney (CT) Weldon (FL) Davis (VA) LoBiondo Watts (OK) Velazquez Hobson Ortiz Deutsch McNulty White DeFazio Lucas Weldon (FL) Vento Hoekstra Owens Dunn Meehan Whitfield Deutsch Maloney (CT) Whitfield Visclosky Holden Oxley Emerson Metcalf Young (FL) Dickey McCarthy (MO) Walsh Hooley Packard English Minge Waters NOES—342 Horn Pallone Ensign Myrick Watkins Hostettler Pappas Abercrombie Bentsen Brady Watt (NC) NOES—335 Ackerman Bereuter Brown (CA) Houghton Parker Waxman Abercrombie Bateman Boucher Aderholt Berman Brown (FL) Hoyer Pascrell Weldon (PA) Ackerman Becerra Boyd Allen Berry Brown (OH) Hulshof Pastor Weller Aderholt Bentsen Brady Andrews Bilirakis Bunning Hunter Paxon Wexler Allen Bereuter Brown (CA) Archer Bishop Burton Hutchinson Payne Weygand Andrews Berman Brown (FL) Bachus Blagojevich Buyer Hyde Pease White Archer Berry Brown (OH) Baesler Bliley Callahan Istook Peterson (PA) Wicker Bachus Bishop Bunning Baker Blumenauer Calvert Jackson (IL) Petri Wise Baesler Bliley Burton Ballenger Boehlert Camp Jackson-Lee Pickering Wolf Baker Blumenauer Buyer Barr Boehner Campbell (TX) Pickett Woolsey Baldacci Blunt Calvert Barrett (NE) Bonilla Canady Jefferson Pitts Wynn Ballenger Boehlert Camp Barrett (WI) Bonior Capps Jenkins Pombo Yates Barr Boehner Campbell Barton Borski Cardin John Pomeroy Young (FL) Barrett (NE) Bonior Capps Bass Boswell Castle Johnson (CT) Porter Barrett (WI) Borski Cardin Bateman Boucher Chambliss Johnson (WI) Portman Barton Boswell Castle Becerra Boyd Clayton Johnson, E. B. Poshard February 12, 1997 CONGRESSIONAL RECORD — HOUSE H503 Chambliss Jefferson Pitts NOT VOTING—7 Campbell Jackson-Lee Pickering Chenoweth Jenkins Pombo Capps (TX) Pickett Carson Obey Young (AK) Christensen Johnson (CT) Pomeroy Cardin Jefferson Pitts Clay Richardson Clayton Johnson (WI) Porter Castle Jenkins Pombo Duncan Scarborough Clement Johnson, E. B. Portman Chambliss John Pomeroy Clyburn Johnson, Sam Poshard b 1649 Chenoweth Johnson (CT) Porter Collins Kanjorski Price (NC) Christensen Johnson (WI) Portman Conyers Kaptur Quinn Mr. INGLIS of South Carolina and Clayton Johnson, E. B. Price (NC) Costello Kasich Rahall Mrs. CHENOWETH changed their vote Clement Johnson, Sam Quinn Cox Kelly Ramstad Clyburn Kanjorski Rahall Rangel from ‘‘aye’’ to ‘‘no.’’ Coyne Kennedy (MA) Coble Kaptur Regula Regula Crapo Kennedy (RI) So the amendment in the nature of a Collins Kasich Reyes Rivers Cummings Kennelly substitute was rejected. Conyers Kelly Riley Roemer Cunningham Kildee The result of the vote was announced Costello Kennedy (MA) Rivers Davis (FL) Kilpatrick Rogan Kennedy (RI) Rogers Cox Roemer Davis (IL) Kind (WI) as above recorded. Kennelly Rothman Coyne Rogers Deal King (NY) AMENDMENT IN THE NATURE OF A SUBSTITUTE Kildee Roukema Crapo Ros-Lehtinen DeFazio Kingston Kilpatrick Roybal-Allard OFFERED BY MR. SCOTT Cubin Rothman DeGette Kleczka King (NY) Rush The CHAIRMAN. The pending busi- Cummings Roukema Delahunt Klink Kingston Ryun ness is a demand for a recorded vote on Cunningham Roybal-Allard DeLauro Knollenberg Sabo Davis (FL) Kleczka Rush DeLay Kolbe Salmon the amendment in the nature of a sub- Davis (IL) Klink Ryun Dellums Kucinich Sanchez stitute offered by the gentleman from DeGette Klug Sabo Diaz-Balart LaFalce Sanders Virginia [Mr. SCOTT] on which further Delahunt Knollenberg Sanchez Dickey LaHood Kolbe Sandlin proceedings were postponed and on DeLauro Sanders Dicks Lampson Sawyer DeLay Kucinich Sandlin Dingell Lantos Saxton which the noes prevailed by a voice Dellums LaFalce Sawyer Dixon Latham Schaefer, Dan vote. Diaz-Balart LaHood Saxton Doggett Lazio Schaffer, Bob Dickey Lampson Schaefer, Dan Dooley Leach The Clerk will redesignate the Schiff Dicks Lantos Schaffer, Bob Doolittle Levin amendment in the nature of a sub- Latham Schumer Dingell Schumer Doyle Lewis (CA) stitute. LaTourette Scott Dixon Sensenbrenner Dreier Lewis (GA) Leach Sensenbrenner The Clerk redesignated the amend- Doggett Serrano Edwards Linder Levin Serrano ment in the nature of a substitute. Dooley Sessions Ehlers Lipinski Sessions Lewis (CA) Doolittle Shaw Ehrlich Livingston Shays RECORDED VOTE Lewis (GA) Doyle Shays Engel Lofgren Shimkus Linder The CHAIRMAN. A recorded vote has Dreier Shimkus Eshoo Lowey Shuster Lipinski been demanded. Duncan Shuster Etheridge Luther Sisisky Livingston Edwards Sisisky Evans Maloney (NY) Skaggs A recorded vote was ordered. Lofgren Ehlers Skaggs Everett Manton Skeen The CHAIRMAN. This is a 5-minute Lowey Ehrlich Skeen Ewing Manzullo Skelton Lucas vote. Engel Skelton Farr Markey Slaughter Maloney (NY) The vote was taken by electronic de- Eshoo Fattah Martinez Smith (NJ) Manton Slaughter Fawell Mascara Smith (OR) vice, and there were—ayes 97, noes 329, Evans Markey Smith (NJ) Fazio Matsui Smith (TX) not voting 7, as follows: Everett Martinez Smith (OR) Filner McCarthy (MO) Smith, Adam Ewing Smith (TX) [Roll No. 19] Mascara Flake McCarthy (NY) Snowbarger Farr Matsui Smith, Adam Foglietta McCollum Snyder AYES—97 Fattah McCarthy (MO) Snowbarger Ford McCrery Solomon Fawell Snyder Armey Fox Minge McCarthy (NY) Frank (MA) McDade Souder Fazio Solomon Barcia Franks (NJ) Moran (VA) McCollum Frelinghuysen McDermott Spence Bartlett Furse Myrick Filner McCrery Souder Frost McGovern Spratt Barton Ganske Neumann Flake McDade Spence Gallegly McHale Stabenow Bilbray Gibbons Ney Foglietta McDermott Spratt Gejdenson McHugh Stark Bilirakis Gillmor Paul Foley McGovern Stabenow Gekas McInnis Stearns Blagojevich Goode Peterson (MN) Ford McHale Stark Gephardt McIntosh Stenholm Brady Goodlatte Poshard Frank (MA) McHugh Stearns Gilchrest McIntyre Stokes Bryant Gordon Pryce (OH) Frelinghuysen McInnis Stenholm Gilman McKeon Strickland Burr Goss Radanovich Frost McIntyre Stokes Gonzalez McKinney Stump Calvert Graham Ramstad Gallegly McKinney Strickland Goodlatte Meek Stupak Canady Hall (TX) Riggs Gejdenson Meek Stump Goodling Menendez Sununu Cannon Harman Rogan Gekas Menendez Stupak Gordon Mica Tanner Chabot Hayworth Rohrabacher Gephardt Mica Sununu Granger Millender- Tauscher Coburn Herger Royce Gilchrest Millender- Tanner Green McDonald Tauzin Combest Hill Salmon Gilman McDonald Tauscher Greenwood Miller (CA) Taylor (MS) Condit Hilleary Sanford Gonzalez Miller (CA) Tauzin Gutierrez Miller (FL) Thomas Cook Inglis Schiff Goodling Miller (FL) Taylor (MS) Gutknecht Mink Thompson Cooksey Jones Scott Granger Taylor (NC) Hall (OH) Moakley Thune Mink Thurman Cramer Kim Shadegg Green Moakley Thomas Hamilton Molinari Crane Kind (WI) Sherman Hansen Mollohan Tiahrt Greenwood Molinari Thompson Tierney Danner Largent Smith (MI) Gutierrez Mollohan Thune Hastert Moran (KS) Davis (VA) Lazio Smith, Linda Torres Gutknecht Moran (KS) Thurman Hastings (FL) Moran (VA) Deal Lewis (KY) Talent Towns Hall (OH) Morella Tierney Hastings (WA) Morella DeFazio LoBiondo Thornberry Turner Hamilton Murtha Torres Hayworth Murtha Deutsch Luther Tiahrt Hefley Nadler Upton Hansen Nadler Towns Velazquez Dunn Maloney (CT) Wamp Hefner Neal Hastert Neal Traficant Vento Emerson Manzullo Weller Hill Northup Hastings (FL) Nethercutt Turner Visclosky English McIntosh White Hilliard Nussle Hastings (WA) Northup Upton Walsh Ensign McKeon Whitfield Hinchey Oberstar Hefley Norwood Velazquez Waters Etheridge McNulty Young (FL) Hinojosa Olver Hefner Nussle Vento Watkins Forbes Meehan Hobson Ortiz Hilliard Oberstar Visclosky Watt (NC) Fowler Metcalf Hoekstra Owens Hinchey Olver Walsh Watts (OK) Holden Oxley NOES—329 Hinojosa Ortiz Waters Waxman Hooley Packard Hobson Owens Watkins Weldon (PA) Abercrombie Bass Bonior Horn Pallone Hoekstra Oxley Watt (NC) Weller Ackerman Bateman Bono Hostettler Pappas Holden Packard Watts (OK) Wexler Aderholt Becerra Borski Parker Hooley Pallone Waxman Houghton Weygand Allen Bentsen Boswell Horn Pappas Weldon (FL) Hoyer Pascrell Wicker Andrews Bereuter Boucher Hostettler Parker Weldon (PA) Hulshof Pastor Wise Archer Berman Boyd Houghton Pascrell Wexler Hunter Paxon Wolf Bachus Berry Brown (CA) Hoyer Pastor Weygand Hutchinson Payne Woolsey Baesler Bishop Brown (FL) Hyde Pease Wynn Baker Bliley Brown (OH) Hulshof Paxon Wicker Inglis Pelosi Yates Baldacci Blumenauer Bunning Hunter Payne Wise Istook Peterson (PA) Ballenger Blunt Burton Hutchinson Pease Wolf Jackson (IL) Petri Barr Boehlert Buyer Hyde Pelosi Woolsey Jackson-Lee Pickering Barrett (NE) Boehner Callahan Istook Peterson (PA) Wynn (TX) Pickett Barrett (WI) Bonilla Camp Jackson (IL) Petri Yates H504 CONGRESSIONAL RECORD — HOUSE February 12, 1997 NOT VOTING—7 but if obviously there is not, it is his have offered a bipartisan amendment Carson Rangel Young (AK) time. with my good friend, the gentleman Clay Richardson The CHAIRMAN. Does the gentleman from Texas [Mr. BARTON]. I want to sa- Obey Scarborough from Texas want to revise his unani- lute him and commend him as not only b 1658 mous-consent request? a loyal friend, but as a vigorous and So the amendment in the nature of a Mr. BARTON of Texas. Yes, Mr. able proponent of this amendment. substitute was rejected. Chairman. I would revise my unani- The amendment would apply term The result of the vote was announced mous-consent request and ask unani- limits immediately; not retroactively, as above recorded. mous consent that the gentleman from but immediately, with regard to the 1 The CHAIRMAN. It is now in order to Michigan [Mr. DINGELL] control 7 ⁄2 service which Members have commit- consider amendment No. 10 printed in minutes and yield as he sees fit; that I ted, and it would count every partial 1 House Report 105–4. control 7 ⁄2 minutes in support of the election. It would ensure that the turn- amendment and yield as I see fit; and over desired by term-limit proponents AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. BARTON OF TEXAS that the gentleman from Florida [Mr. is given them now. If this amendment is not passed, the Mr. BARTON of Texas. Mr. Chair- CANADY] control the 15 minutes in op- proposal before us assures that the 7 man, I offer an amendment in the na- position. The CHAIRMAN. The gentleman years which it takes for ratification, ture of a substitute. plus the 12 years which is in the pro- The CHAIRMAN. The Clerk will des- from Florida already has his time. Is there objection to the request of posal, will give each Member 19 addi- ignate the amendment in the nature of the gentleman from Texas? tional years, enough to qualify for a substitute. There was no objection. The text of the amendment in the na- their pension. The CHAIRMAN. The Chair recog- Now, why make term limits imme- ture of a substitute is as follows: nizes the gentleman from Texas [Mr. diate? If the American people are angry Amendment in the nature of a substitute BARTON]. at legislators, they are angry at to- offered by Mr. BARTON of Texas: Mr. BARTON of Texas. Mr. Chair- Strike all after the resolving clause and in- day’s legislators, not tomorrow’s, and man, I reserve the balance of my time. changing House Resolution 2 to make sert the following: The CHAIRMAN. The Chair recog- That the following article is proposed as an term limits immediate should make amendment to the Constitution of the Unit- nizes the gentleman from Michigan sure that we are not going to hold fu- ed States, which shall be valid to all intents [Mr. DINGELL]. ture legislators to higher standards and purposes as part of the Constitution PARLIAMENTARY INQUIRY than those to which we hold ourselves. when ratified by the legislatures of three- Mr. DINGELL. Mr. Chairman, I have Our existing system of term limits all ready fourths of the several States within seven a parliamentary inquiry. works quite well. They are called elections, years after the date of its submission for The CHAIRMAN. The gentleman will ratification: which have resulted in a 75-percent turnover state it. rate since 1990. ‘‘ARTICLE — Mr. DINGELL. Mr. Chairman, prior With the Judiciary Committee reporting ‘‘SECTION 1. No person who has been elected to yielding myself time, I would in- House Joint Resolution 2 without rec- to the Senate two times shall be eligible for quire who is it that has the right, election or appointment to the Senate. No ommendation, it is clear that there is no clear under the rule, to close? consensus on how to amend the Constitution person who has been elected to the House of The CHAIRMAN. The gentleman Representatives six times shall be eligible to put term limits in place. Instead this effort from Florida [Mr. CANADY] has the for election to the House of Representatives. seems driven by outside forcesÐwhich have right to close. ‘‘SECTION 2. This article shall be inoper- determined that the House shall vote to Mr. DINGELL. Mr. Chairman, I yield ative unless it shall have been ratified by the amend the Constitution, do so quickly, and myself 2 minutes. legislatures of three-fourths of the several without regard to the wide differences that (Mr. DINGELL asked and was given States within seven years from the date of exist even among supporters of term limits. its submission to the States by the Congress. permission to revise and extend his re- There is a gigantic quibble taking place be- ‘‘SECTION 3. Election as a Senator or Rep- marks.) tween the traditional proponents of term limits resentative before this Article is ratified Mr. DINGELL. Mr. Chairman, if * * * shall they be 6 years, 8 years, or 12 shall be taken into account for purposes of Members believe in term limits, this is years? Should they be uniform among all section 1.’’. the amendment for them. Our existing States, or should we let the States choose for The CHAIRMAN. Pursuant to House system of term limits works splen- themselves? Should they count partial terms? Resolution 47, the gentleman from didly. They are called elections and And, most importantly, should term limits Texas [Mr. BARTON] and a Member op- have resulted in a 75-percent turnover count the service of those of us who have al- posed will each control 15 minutes. since 1990. The Chair recognizes the gentleman ready served in Congress? With the Committee on the Judiciary I think we should count current and past from Texas [Mr. BARTON]. reporting House Joint Resolution 2 Mr. BARTON of Texas. Mr. Chair- service. That's why I have offered a bipartisan without recommendation, it is clear amendment with the gentleman from Texas man, I ask unanimous consent that the that there is no consensus as to how we gentleman from Michigan [Mr. DIN- that would: should amend the Constitution, but a Apply term limits immediately, not in a cou- GELL] and myself, who are proponents number of people, inside and outside ple of decades. of the amendment, each control 71⁄2 the Congress, are in a desperate rush to Count every partial election. minutes, and the gentleman from Flor- see that such is done. Ensure that the turnover desired by term ida [Mr. CANADY] and a Member of the The House, under their fiat, shall limits proponents is given to them now, not in minority party in opposition, control amend the Constitution, do so quickly, as long as two decades. their 15 minutes and be permitted to without regard to the wide differences Why make term limits immediate? yield blocks of time. which exist amongst even the support- The American people are angry at today's Mr. CANADY of Florida. Mr. Chair- ers of term limits. legislators, not tomorrow's. Changing House man, reserving the right to object, I There is a gigantic quibble taking Joint Resolution 2 to make term limits imme- will claim the time in opposition to the place amongst the traditional support- diate will make sure that we do not hold future amendment, and I will be happy to ers of term limits. They cannot decide legislators to a higher standard than our- yield to those who wish to participate. whether it should be 6, 8, or 12 years for selves. I have no objection to the allocation of Members of the House. Should it be Opponents of immediate term limits say the time between the two proponents. uniform amongst the States, or should they fear the massive turnover. I suspect what Mr. BARTON of Texas. Mr. Chair- the States choose for themselves? they really fear is being part of that massive man, if the gentleman would yield, I Should it include partial terms? Most turnover. In fact, if term limits were effective am more than willing to yield all the importantly, should term limits count for the 106th Congress, at least 123 Members time in opposition for the gentleman to the service of those who have already would automatically be disqualified from serv- control. I thought perhaps there might served in Congress? ice. be a member of the minority that also I would think that we should count Among this list of 123Ðbesides myselfÐare wanted to control some of that time, current and past service. That is why I 19 cosponsors of House Joint Resolution 2, February 12, 1997 CONGRESSIONAL RECORD — HOUSE H505 who themselves will have served an average Congress and the courts generally op- Mr. CONYERS. Mr. Chairman, we of 18 yearsÐ50 percent longer than they pose retroactive legislation because it have now come to a very curious part would allow future legislators to stay. tends to create instability. It tends to in the proceedings for today. All the Without immediate term limits, all current deprive individuals and parties of rea- term limits have been voted down over- Members can serve almost 20 more years, sonable notice and protection for their whelmingly, and now this one is now when you include up to 7 years for ratification reasonable expectations. presented by the Dean of the House, by the States. The Constitution reflects this bias and we are told now that if Members If we are for term limits, let's have them against retroactive laws by prohibiting are for term limits, then vote this one now. Vote ``yes'' on Dingell-Barton. both the Congress and the States from down too. Mr. Chairman, I reserve the balance enacting any ex post facto laws. We The gentleman says, this one should of my time. need to keep in mind that we are go down because it is retroactive, but if Mr. CANADY of Florida. Mr. Chair- amending the document which sets I heard Chairman DINGELL correctly, man, I yield myself such time as I may forth the basic framework of our gov- he said that it took effect immediately consume. ernment. History teaches us that rati- and is not retroactive. So I think that As currently drafted, House Joint fications become a permanent part of we should get this terminology Resolution 2 is prospective only. That that document. straight now. is, service occurring prior to ratifica- Under the Constitution, I think it is Now, why is this amendment derail- tion of the amendment is not counted also important for us to understand, ing to the process of the people that toward the 6-term limit. It is ironic and under this proposal that is being support term limits? Can somebody ex- that for the most part this amendment considered now, 7 years is a maximum plain that to me? That because the is held more dear by opponents of term time period for ratification by the Dingell amendment suggests that it limits than by supporters of term lim- States. That is contained within the take effect immediately, that that is its. gentleman’s proposal. Once the amend- thought to be in bad faith? Why? The gentleman from Michigan and ment is approved by the Congress and b 1715 the gentleman from Texas have been sent to the States, ratification may very candid in expressing their opposi- take place as little as 2 years from Perhaps, Mr. Chairman, the reason tion to the concept of term limits. I ap- now, or it may never be ratified at all. that the gentleman from Florida [Mr. preciate their candor on this. But any- Conceivably, it could be ratified in less CANADY] suggests that this is a derail- one who supports term limits should than 2 years. Once ratified by the ing amendment is that many of the understand that this amendment is States, the amendment goes into effect people who are supporting the base being offered by those who are opposed and the 12-year clock begins to particu- amendment, their time will have ex- to term limits. I would ask the Mem- lar. pired. Is that the reason we are accus- bers to consider that fact and to make In other words, the time limit in the ing this amendment as being in bad their judgment accordingly. underlying text, like the time limit in faith? I do not quite follow this. With this amendment, we are far less all of the State-passed time provisions This amendment is, I think, issued in likely to have an orderly process of prior to the Thornton decision takes good faith. The only difference is that transition in which people can adjust effect upon enactment. If it is ratified term limits would begin immediately, their expectations and move forward. by the States in 2 years, it takes effect and not prospectively. I urge the Mem- In fact, this amendment that is being in 2 years. If it is ratified in 5 years, it bers’ careful thinking and consider- offered by the gentleman from Texas takes effect in 5 years, and so on. ation. and the gentleman from Michigan has The argument that has been made Mr. DINGELL. Mr. Chairman, I yield the prospect for causing enormous con- here assumes that the full 7-year pe- myself 30 seconds, just to respond to fusion. riod that is allowed in the underlying what the gentleman from Florida had Now, personally, the adoption of this amendment will be utilized. Well, that to say. amendment would not affect me in the could happen, but that is not nec- Mr. Chairman, term limits; if Mem- least. I have imposed a limit on myself, essarily the case. bers are for term limits and they really and I will be gone from here in 4 years. Mr. Chairman, I would urge Members mean it and they want it to take effect While I am here, however, I am com- to oppose this amendment and would immediately, this amendment is for mitted to passing term limits and mov- again point out to all of the Members, them. If Members want term limits to ing to final passage on the measure if you are for term limits, you should take place in 19 years, 7 years for rati- that I believe can garner the most not vote for this amendment. This is fication, 12 years following, so that votes and that can be adopted by the an amendment that is designed to de- they can have a secure and happy ca- States. rail the effort to enact meaningful reer in this institution, then by all The amendment that is now before term limits. means oppose the amendment and by the House is being offered as an amend- Mr. Chairman, I reserve the balance all means support the resolution as it ment that would detract from that ef- of my time. is drawn. fort. It is an amendment that is offered Mr. BARTON of Texas. Mr. Chair- Mr. Chairman, this is a real test of I think quite clearly with the purpose man, I yield myself 1 minute. the sincerity of those who say they are of derailing the effort to establish term Mr. Chairman, the gentleman from for term limits. If Members are sincere, limits for Members of Congress. Florida mischaracterizes my position. I support the amendment. If they are Now, it is instructive in weighing am not an opponent of term limits. I not, oppose it. this amendment to examine how this have opposed the provisions that re- Mr. CANADY of Florida. Mr. Chair- issue has been dealt with by the 23 strict the House to three 2-year terms. man, I yield myself such time as I may States that have imposed term limits I am a proponent of six 2-year terms, consume. on their congressional delegations and I am also a proponent of letting Mr. Chairman, I would just point out prior to the Supreme Court decision in the States take different positions, but the gentleman’s amendment, the U.S. Term Limits versus Thornton. I am not an opponent of the six 2-year amendment we are considering now, None, none of those laws counted serv- terms. So he mischaracterizes my posi- might not be ratified for 7 years. So ice in Congress prior to the effective tion. I would not be a supporter of this the idea that if we pass this here and date of the State law in determining amendment if I did not believe in term they pass it in the Senate, all of a sud- the number of additional terms that a limits. den we are going to have term limits, Member could serve. Mr. Chairman, I reserve the balance that is not so. It could take 7 years for In 1991, the voters of Washington of my time. that. That is just part of the process. State defeated a ballot initiative that Mr. DINGELL. Mr. Chairman, I yield I have a question, Mr. Chairman. Let included a retroactive term limits pro- 11⁄2 minutes to the gentleman from me ask the gentleman this. If the vision. But in 1992, they approved a new Michigan [Mr. CONYERS], my good House and Senate propose this and term limits measure that would not friend, the ranking minority member send it to the States in the form the apply retroactively. of the committee. Members are suggesting, and the H506 CONGRESSIONAL RECORD — HOUSE February 12, 1997 States are considering it, and then on that experience to the problem-solving Voluntary term limits works for me, and I September 1 in the year 2000, when the of the Nation. would encourage my colleagues to take a look 38th State ratifies your amendment, Because I believe in this concept so at how that notion works within their own what would happen? What would hap- strongly, in 1988 when I ran for Con- thoughts regarding service in the Congress. pen? gress, I said to those whom I sought to But until that becomes the rule rather than the We would have a situation in which serve, if I am fortunate enough to be exception, I believe we must act to constitu- elections had been taking place, pri- elected for five terms in the national tionally limit our terms. maries had gone on, qualifying and assembly, I will at that point in time Mr. BARTON of Texas. Mr. Chair- close, in the vast majority of the quit. This is my last term in the na- man, I yield 1 minute to the gentleman States, and candidates would be run- tional assembly. I am thankful to have from Oregon [Mr. BLUMENAUER]. ning for office. Your amendment would served here for five times. Mr. BLUMENAUER. Mr. Chairman, I come into effect and there would be ab- But let me deal with this idea of ex- strongly object to the characterization solute chaos. Can the gentlemen tell perience, because I have heard it men- of this bill as an effort to derail term me why that is not a prospect of what tioned here on the floor several times limits. My goodness, nobody could de- would happen under this amendment? today. Experience one gains here as a rail term limits more than the so- Mr. BARTON of Texas. Mr. Chair- Member of this august body is cer- called proponents have done today. man, will the gentleman yield? tainly important, but the experience Item after item after item has bit the Mr. CANADY of Florida. I yield to one brings here from one’s chosen pro- dust. This is the one chance to pass a the gentleman from Texas. fession and experience is equally im- piece of legislation that will in fact Mr. BARTON of Texas. Mr. Chair- portant. It is the latter experience that provide term limits. man, first I would point out to the gen- perhaps needs to be infused into this There will be no chaos. We will have tleman that under our amendment, assembly on a more frequent basis than 2, 3, 4, 5, 7 years before it goes into ef- retroactivity means that whenever— our present system allows. fect, and then it will only impact peo- Mr. CANADY of Florida. Reclaiming Notwithstanding the wisdom of the ple who have been here a dozen years, my time, Mr. Chairman, I would be author of this amendment and the plenty of time for grown-ups to manage happy to yield to the gentleman to ex- great contribution that he has made to a transition. What this is about is to plain the scenario I have just outlined this assembly because of his experi- avoid the game playing that we have and why that is not a problem. If he ence, I believe, on balance, that our seen. has a response on that, I am happy to Government would better be served by If Members believe in term limits, yield to him. a reasonable limit upon our service come forward with the distinguished Mr. BARTON of Texas. If the gen- here, along the same lines we have cho- gentleman from Michigan, vote for tleman will yield, I will give him an ex- sen to limit other offices at both the this, put it out, get rid of the profes- plicit response. The term they are then State and Federal levels. sional politicians, and find out if that serving would count, plus any prior Mr. Chairman, I rise in support of the legis- is what the American people want, find terms would count. If that term you lation before us to limit the terms of Members out if that is what the people here were in plus prior terms equaled six of the U.S. House and Senate. want. But for heaven’s sakes, stop the I know this position puts me at odds with terms, you would not be eligible for re- game playing. Vote for the many of the very distinguished Members of election. You would be able to serve antihypocrisy amendment that is be- this body, Members whose service has been out that term. fore us now. I strongly urge Members’ very meaningful for our Nation. But as a Mr. CANADY of Florida. So, under former civics teacher who spent hours at the support. that scenario, Mr. Chairman, individ- Mr. DINGELL. Mr. Chairman, I yield blackboard talking with my students about our uals who had qualified under the laws 1 minute to the gentleman from New system of government, I am convinced that of their States, individuals who had York [Mr. ENGEL]. our Founding Fathers had a citizen-legislature been nominated by their parties to Mr. ENGEL. Mr. Chairman, I rise in mind when they designed our system. And stand for election, would stand dis- today in support of the Dingell-Barton they meant for us to be citizen-legislators, who qualified as of that date, and there amendment, not as an ardent supporter would leave our profession for a time to serve would be a wild scramble all over the of term limits, but as a supporter of in the national body, then return home as fairness and truth and honesty. If we country to fill in those slots. I do not someone else made their contribution. think that is an orderly way to go When I first decided to run for Congress, I are going to pass a constitutional about business. That is a flaw in the decided that if the people of Illinois were will- amendment on term limits for future amendment that I suggest has not been ing to allow me to serve for five terms, or 10 Members of Congress, let us make sure adequately considered. years, that would be the limit of my service. I it also covers current Members. Let it Mr. Chairman, I reserve the balance established a self-imposed 10-year term limit, be immediate. of my time. and I will be leaving the Congress at the end Some of my colleagues here in the Mr. BARTON of Texas. Mr. Chair- of this session. I will miss serving the people House have had the opportunity to man, I yield 2 minutes to the distin- here in Congress, but I am absolutely con- serve this body for 20 years or more. guished gentleman from Illinois [Mr. vinced it is the right decision for me, and the Many of them will be voting for a term POSHARD]. right decision for our system. limits amendment today, but not the Mr. POSHARD. Mr. Chairman, I We need to make sure the system is open Dingell-Barton amendment. Mr. Chair- thank the gentleman for yielding time to teachers, small business owners, police offi- man, I ask these long-serving Members, to me. cers, and retired folks who want to run for of- if they believe in term limits why have Mr. Chairman, I rise in support of the fice and make a difference. Currently, with our they served for so long? Why do they amendment offered by the gentleman fatally flawed system of financing campaigns, not want this to apply to them? Why from Michigan [Mr. DINGELL]. I have and with the advantages of incumbency, we do you want it to apply only to the taught history and government, and I draw from a very narrow pool of people who next generation? have, perhaps, a different perspective can realistically make a run for office. You ei- Many proponents of other term lim- on the stance of our forefathers. I be- ther have to spend years working in the party its amendments describe those of us lieve when we take into consideration structure, or else have a lot of your own who did not support those amendments the totality of their beliefs, they un- money to spend, if you are serious about mak- with words such as ‘‘arrogance’’ and questionably believed in the concept of ing a run for office. That is not the way it was ‘‘hypocrisy.’’ I would say to them that the citizen legislator. I believe they meant to be. the true arrogance is in support of felt we should train ourselves for a pro- Limiting the terms of Members will help us term limits which are not applied im- fession, we should leave that profession restore the concept of a citizen-legislature. Re- mediately, and will allow them to for a time and serve in the national as- forming our campaign finance system will be serve 12 or 19 extra years on top of the sembly, and then we should exit here, another step in returning the process to the 20 or so they have already served. If six allowing other people with different people. Done in tandem, we just might be able terms is appropriate for future Mem- backgrounds, different experiences, dif- to reverse the growing trend of cynicism re- bers, then it must be applicable to ferent problem-solving skills, to bring garding this great and honorable institution. those of us who are currently serving. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H507 If we are to limit the fundamental are already utilizing what is available cumbents out of office as quickly as rights of all Americans to elect their to them. More than half of the Mem- possible so that there is turnover. representatives, we should do it with- bers of the House have served 6 years There is one better way to do that. out a hint of the hypocrisy that sug- or less. Less than half of the Members That is to support retroactivity. If my gests that term limits are good, but have served more than 6 years, and a colleagues support what their people not now, and only for the next genera- third of the Members have served more support, vote for Dingell-Barton retro- tion of Congress Members. than 12 years, so every other bill we active term limits and let us send it to Mr. BARTON of Texas. Mr. Chair- have voted on today would give Mem- the States for ratification, if the Sen- man, I yield myself 3 minutes. bers a minimum of 13 years more. That ate goes along and sends it out with a Mr. Chairman, I am a little bit puz- is subterfuge. That is a fraud on the two-thirds vote and the House of Rep- zled, as we get into this debate, about American people. This is the only bill resentatives. the use of the word ‘‘hypocrisy.’’ I am that says we will have real term limits, This is not a sham amendment. It is a sincere supporter of term limits. I that we will have them right now. That a serious amendment. It is a chance to think the Dingell-Barton amendment is what we ought to vote for. get a majority vote, to be the vote on is the closest to the spirit of the peo- If Members are for term limits, vote final passage. We need everybody who ple. In my town meetings and in my for the Barton-Dingell bill. If they are is for term limits to vote for it, and public meetings with constituents, against term limits, then Members can then we will beat the requirement for they are very adamant that the prob- vote for all the other bills. two-thirds on final passage. lem they are attempting to solve is the Mr. BARTON of Texas. Mr. Chair- I want to thank the Chair for his ex- problem of entrenched incumbency, es- man, I yield 1 minute of my remaining cellent handling of the proceedings in pecially Congressmen and Congress- 2 minutes to my distinguished friend this part of the debate, also, the gen- women who serve a long tenure in and colleague, the gentleman from the tleman from Nebraska. Washington and are out of touch with great State of Texas and the city of Mr. DINGELL. Mr. Chairman, I yield their constituencies. 1 Houston [Mr. GENE GREEN]. myself 1 ⁄2 minutes. The way to address that is through a Mr. GREEN. Mr. Chairman, I thank I want to utter great respect for the retroactivity clause. Members can the gentleman for yielding time to me. distinguished gentleman from Florida argue whether they want three 2-year Mr. Chairman, I am proud to support who has handled this bill. I want to ex- terms in the House or six 2-year terms, this bipartisan amendment. I served 20 press my personal sorrow that he finds or two 4-year terms, but I do not think years in the legislature in Texas and so few who are ready to stand with him they can argue this. If they support only 13 in the State house and 7 as a in opposition to this amendment. term limits, they should support that State senator, but every election since The amendment is very simple. It they be retroactive, so we can go at the I have been in Congress I have had an says that term limits take place imme- problem immediately, which is incum- opponent, so I am not going to stand diately upon ratification of the States, bents who are out of touch. The Din- here and say that I think term limits not 19 years later. I believe that that is gell-Barton amendment does that. are something that are that important, the way it should be. If we are really If it were to pass and be ratified, for term limits, then let us have term whenever it was ratified, anybody who because I think the voters have a shot limits immediately. Let us not allow had served 6 years prior to their cur- at us every time. ours to remain around here in some rent term or were in their sixth term But if we are going to do it, let us be cynicism, building our seniority, col- would not be eligible for reelection im- intellectually honest and say it ought lecting seniority and eligibility for mediately. It is that simple. It is a sin- to cover GENE GREEN on my 2 terms I pensions. Let us just simply say that, cere attempt to address the problem have already served. If 12 years is a if the people wanted term limits and the people want addressed, which is re- magic number, then I should only be they wanted them now, they should moving an entrenched incumbency able to serve 8 more years, if the voters have them now. that is out of touch in Washington, DC. continue to send me back. I think that there is some arrogance I believe that this amendment has an b 1730 excellent chance to get a majority. I on the part of any Member to go home That is why I think the Barton-Din- would encourage all my Republican and say how he is for term limits when gell substitute is the only one that is friends who voted for the other term in fact he is for term limits 19 years in really intellectually honest, Mr. Chair- limit amendments to vote for this one, the future, as it is under the legislation man. and I would encourage my friends on before us. Let us have term limits im- I would hope that a lot of Members the Democratic side to support the mediately. Let us not debase the propo- would recognize that, along with the dean of the delegation of the House of sition of term limits by deceiving the Representatives, the gentleman from people out in the countryside who feel people that in fact there is going to be like term limits are necessary, that Michigan [Mr. DINGELL] and support term limits but at some distant and in- this. they would say, if 12 years is magic, in definable future time. Let us have it Mr. Chairman, I reserve the balance 12 years you should go home and do immediately. of my time. your job, something else, then that If term limits are good, they should Mr. DINGELL. Mr. Chairman, I yield should apply to those of us who have in fact go into effect at the earliest 1 minute to the distinguished gen- served here 2 terms, three terms or 10 possible time. That is the proper and tleman from Texas, [Mr. BENTSEN]. terms, and that way it would cover it. the responsible vote. Vote for term (Mr. BENTSEN asked and was given That is why I am proud to support the limits now. Do not vote for term limits permission to revise and extend his re- Barton-Dingell amendment. in the future. If we are really for term marks.) Mr. BARTON of Texas. Mr. Chair- limits, let us have them now, not at Mr. BENTSEN. Mr. Chairman, two man, I yield myself the balance of my some distant and obscure time in the things. First of all, the gentleman from time. foggy future. Florida characterized this amendment Mr. Chairman, I want to show my re- Mr. CANADY of Florida. Mr. Chair- as being antiterm limit. To the 2 mil- spects to the gentleman from Illinois man, I yield myself the balance of my lion people who live in the city of [Mr. HYDE], the full committee chair- time. Houston, the fourth largest city in our man, and to the gentleman from Flor- Mr. Chairman, I will not utilize all Nation, retroactive term limits or term ida [Mr. CANADY], subcommittee chair- the time because I think we have ex- limits which are effective immediately man, for their efforts to bring some hausted this. I will note that there are term limits. That is what they focus to this debate. I recognize the have not been many Members who have voted for in 1991. We have not seen the gentleman from Michigan [Mr. DIN- spoken against this amendment, but city of Houston fall into chaos as a re- GELL], my good friend, for cosponsoring there were 287 Members who voted sult of it. The city of Houston is get- the amendment. against this amendment in the last ting along just fine, thank you. There is nothing magic about this. It Congress. I fully expect that we will Second of all, if we look at the facts is pretty straightforward. Term limits have about that many voting against of the situation, the American people main purpose is to get entrenched in- it. We will find out in a few moments. H508 CONGRESSIONAL RECORD — HOUSE February 12, 1997 The vote on the amendment in the last I believe that the adoption of this from Michigan would intend, but the Congress was 135 in favor and 287 amendment would effectively derail amendment is not drafted in a way against. I think that is some indication this effort. The fact of the matter is, that takes that possibility into ac- that this may not be the most viable that is shown by the vote in the House count. I think it is flawed in that re- means for actually moving forward 2 years ago when only 135 Members gard. But, again, I make the point that with term limits. supported this amendment. So if Mem- when the people have considered this It might be desirable to move up the bers are serious about term limits, issue in the various States, they have effective date, concede that argument they should focus on these facts and se- not adopted a provision such as that as to the gentleman. I do not think that riously consider what will be effective suggested today. I believe that the pur- is necessarily true. Certainly the way and what will work. pose of advancing term limits will be this amendment is formulated it will Mr. CONYERS. Mr. Chairman, will advanced by the rejection of this cause great, potentially great confu- the gentleman yield? amendment. sion because we could have a situation Mr. CANADY of Florida. I yield to Mr. FRANK of Massachusetts. Mr. in which the amendment was ratified the gentleman from Michigan. Chairman, will the gentleman yield? and became effective right in the mid- Mr. CONYERS. Mr. Chairman, is the Mr. CANADY of Florida. I yield to dle of an election cycle when can- gentleman suggesting in his recent dis- the gentleman from Massachusetts. didates who had already been nomi- course that most of the voters that Mr. FRANK of Massachusetts. Mr. nated for office when qualifying had want term limits would be unhappy Chairman, my friend from Florida, who closed, those candidates would be with the immediacy provision that the has been very responsible here, has one thrown out as candidates, the whole Dingell amendment provides? error in his reasoning. He keeps aver- electoral system would be up in the air. Mr. CANADY of Florida. Reclaiming ring to the fact that the public in their That has happened to a certain ex- my time, Mr. Chairman, I think that referenda rejected this. But the public tent in certain States because of things the voters would not be pleased with in their referenda have generally voted Federal courts have done. I do not the potential disruption and disorder for 6 years so the gentleman, if he is think that is the kind of confusion that that could be caused by the adoption of going to invoke the moral influence of we should allow for in a constitutional this amendment. Again, I point to the the referenda, then he cannot argue for amendment. I think that is a serious experience in the States where, in the his 12-year position. It is true, flaw of this amendment. initiative process, where the people referenda have said, do not make it ret- Mr. BENTSEN. Mr. Chairman, will were deciding in many cases the form roactive, but they have also said over- the gentleman yield? of the amendment that they would whelmingly 6 years. What is the ref- Mr. CANADY of Florida. I yield to place on the ballot in those individual erendum, something you can turn on the gentleman from Texas. States, they did not provide for the and off like a faucet? Mr. CANADY of Florida. Reclaiming Mr. BENTSEN. Mr. Chairman, let me sort of retroactivity that is provided my time, Mr. Chairman, the States assure the gentleman that he can sur- for in this amendment. have adopted different limits in dif- vive the confusion when the courts do Mr. DINGELL. Mr. Chairman, will ferent States. In my own State of Flor- it. the gentleman yield? ida it was 8 years and 12 years. I voted Mr. CANADY of Florida. Reclaiming Mr. CANADY of Florida. I yield to for it. I voted for the 8 year and the 12 my time, Mr. Chairman, the other the gentleman from Michigan. point that I will make is that, when Mr. DINGELL. Mr. Chairman, I year. I have supported that throughout the people in the States have dealt thank the gentleman for yielding. He the process. Mr. FRANK of Massachusetts. Mr. with this issue, they have not seen fit has been very gracious in conducting a Chairman, if the gentleman will con- to impose this sort of requirement that very fine debate here. tinue to yield, he is speaking in favor the sponsors of this amendment seek to I would just observe that during the of a 12-year limit. impose. As a matter of fact, as I said time that the States prepared their Mr. CANADY of Florida. Reclaiming earlier, when this issue was dealt with ratification, Members could, of course, my time, Mr. Chairman, I think it is by the 23 States that imposed term prepare for the consequences of the apparent that this is not an amend- limits on their congressional delega- amendment on which we are now vot- ment that is going to be effective in ad- tions prior to the Supreme Court deci- ing. In other words, if it took 7 years vancing the movement to establish sion in U.S. Term Limits versus Thorn- for the States to ratify, Members could term limits. I will not talk about Mem- ton, none of those States counted serv- have 7 years during which they could bers’ motivation. I think that the ef- ice in Congress prior to the effective run, during which they could make ar- fect of this is what we should be con- date of the State law in determining rangements to seek other office, during cerned about. That effect is obvious. the number of additional terms that a which they could make arrangements Mr. FRANK of Massachusetts. Mr. Member could serve. for their retirement. There is no dis- Chairman, if the criterion is who is The fact that the people in those order here. We have the period between being ineffective in advancing term States did not view this as such an the time that the House and the Senate limits, the gentleman’s side wins. overwhelming issue, I think, is instruc- passed the legislation and the time Mr. MCCOLLUM. Mr. Chairman, will tive to us. I think the people in their that it is ratified by the States. the gentleman yield? wisdom understood that it would take Mr. CANADY of Florida. Reclaiming Mr. CANADY of Florida. I yield to some time to make adjustments and to my time, Mr. Chairman, I will knowl- the gentleman from Florida. not disrupt the legitimate expectations edge that Members could adjust their Mr. MCCOLLUM. Mr. Chairman, the of people so that we could have an or- expectations based on the possible bottom line is that a vote for this derly process of transition. That is adoption of the amendment. The fact of amendment is going to get us less what the people have done. the matter is, this amendment could be votes on final passage for term limits. I would simply suggest again that, ratified in the middle of an election It is going to set back the cause of although I respect the intention of the season and cause disruption because if term limits. There are going to be gentlemen who are offering this it went to the States, the disposition in fewer Members voting for it and a no amendment, I think it is unfortunate the States would remain uncertain for vote is what we should have. that the word ‘‘hypocrisy’’ has been a period of time, I would expect. Once Ms. JACKSON-LEE of Texas. Mr.Chairman, bandied about out here. That is not a ratified, it would become effective im- earlier today we heard arguments from Mem- word I would use with respect to any mediately and candidates who had been bers of Congress from Arkansas, from Colo- proposal or certainly any Member. I nominated, who had qualified, were rado, from Idaho, from Missouri, from Ne- think the intention of the gentleman standing for office, would be thrown braska, from Nevada, and from South Dakota. from Michigan and the gentleman from out of contention for office and the Each of the Members from these States made Texas is very honorable. But I believe whole electoral process could be passionate arguments of why we should adopt that the way we are going to move for- thrown up into question. their individual States' versions of term limits. ward with enacting term limits is not Quite frankly, I do not think that is They each asked us to adopt these individ- through this amendment. the sort of result that the gentleman ual versions so that they would not have to go February 12, 1997 CONGRESSIONAL RECORD — HOUSE H509 back to their States and tell their constituents I urge my colleagues to support this amend- in a way which ignores important issues and that they did not support the version of term ment in the nature of a substitute to House turns off large segments of the electorate. I limits that the people of their State required Joint Resolution 2 and allow the States to de- support the enactment of legislation to curtail them to support. cide the maximum number of terms that a contributions from political action committees It is evident that we can not adopt all of Member in the House or Senate may serve. [PAC's], promote small instate contributions, these different versions of an amendment to Mr. PORTER. Mr. Speaker, I rise in opposi- and close numerous loopholes in current law the Constitution. tion to the resolution and the amendments which allow independent expenditures and the Mr. Chairman, I have a compromise that will thereto. use of so-called soft money. I also believe we not only satisfy the concerns of Arkansas, Col- I do so because I believe that term limits should strongly consider establishing cam- orado, Idaho, Missouri, Nebraska, Nevada, are a poor substitute for real solutions to the paign spending limits that are low enough to and South Dakota. My compromise amend- problem of noncompetitive elections. I support squeeze the professional marketers out of our ment speaks to the concerns of all Americans a number of initiatives to achieve the same election process and force candidates to re- who either support or do not support term lim- goals as the amendment without limiting vot- turn to elections characterized by active per- its. ers' ability to support the candidate of their sonal campaigning, volunteer participation, We can send to the States a single amend- choice. and attention to the issues. ment in the form of a resolution which would I strongly support limiting the amount of time Even in the absence of term limits, turnover satisfy the concerns of each of the States. a Member may serve as a committee or sub- in the House remains fairly high. In the past Mr.Chairman, this motion to recommit, committee chair. I believe that congressional 10 years, about two-thirds of all Members of House Joint Resolution 2, allows each State of gridlock, porkbarrel spending, and logrolling is Congress have been replaced, and over half the people thereof, to proscribe the maximum largely rooted in the inner power circles of the the Members of the House have served less number of terms to which a person may be institution and the domination of the legislative than 5 years. I support measures to level the elected to the Senate or House of Represent- process by entrenched committee and sub- playing field for challengers without changing atives. committee chairmen. In the past, certain indi- It is an amendment which gives power to the Constitution or limiting the choices avail- viduals have served as the head of a particu- the States from which each of us comes, to able to American voters. lar committee or subcommittee or subcommit- decide for themselves whether they want to The CHAIRMAN pro tempore (Mr. tee for decades. limit the number of terms that a Member of BARRETT of Nebraska). The question is At the beginning of the 103d Congress, I Congress may serve and if so, what the maxi- on the amendment in the nature of a succeeded in having a 6-year committee and mum number of terms the States want to pre- substitute offered by the gentleman subcommittee chairmanship limitation included scribe. from Texas, [Mr. BARTON]. There is no doubt that we should not be in in the substitute House rules package pro- The question was taken; and the the business of limiting the choice of the posed by the then minority Republicans. Un- Chairman pro tempore announced that American people. We should be inclusive and fortunately, this substitute was defeated on a the noes appeared to have it. largely party-line vote. not place limitations on the ability of the Amer- RECORDED VOTE ican people to vote for the Congressperson of On the first day of the 104th Congress, Mr. BARTON of Texas. Mr. Chair- their choice. however, the House passed this limitation and man, I demand a recorded vote. However, if there is to be a decision as to included an 8-year limit on the tenure of the A recorded vote was ordered. who will prescribe the maximum number of Speaker. This rule also applies in the 105th The vote was taken by electronic de- terms which a person from a particular State Congress as it was retained in the package vice, and there were—ayes 152, noes 274, may serve in the House or Senate, then the we adopted on January 7. By preventing any not voting 7, as follows: States are in a better position to make this de- one individual from controlling a committee for more than 6 years, this important reform will [Roll No. 20] cision on behalf of the residents of that State. AYES—152 The States must decide for themselves the have much the same effect as an overall term limit provision. And it has been adopted and is Armey Eshoo McCrery maximum number of terms that a Member of Barcia Etheridge McHugh Congress from that particular State should in effect now without amending the Constitu- Barrett (WI) Farr McIntosh serve, not Congress. This fundamental change tion. It will go far to take the weight out of se- Bartlett Fattah McIntyre in the framework of the Constitution must niority and ensure that the committees are Barton Forbes McNulty continually energized with new leaders and Bentsen Fox Meehan come from the individual States that combine Berman Frank (MA) Minge to make the United States of America. Our fresh ideas. Bilbray Franks (NJ) Moakley ``more perfect Union'' is a Union of the States, This provision will affect me personally. I be- Blagojevich Furse Moran (KS) not a Union of the Congress. came chairman of the Appropriations Sub- Blumenauer Ganske Moran (VA) committee on Labor, Health and Human Serv- Bonilla Gekas Myrick The Supreme Court, in U.S. Term Limits, Bonior Gibbons Neal Inc. versus Thorton, has made it clear that, ices and Education at the beginning of the Boswell Goode Neumann without an amendment to the Constitution, the 104th Congress, but I will be ineligible to Boucher Graham Ney States do not have the authority to impose serve in that capacity after the 106th Con- Brady Green Olver Brown (OH) Gutierrez Pascrell term limits on Members of Congress. Con- gress. Bryant Hall (OH) Paul sequently, now that we are in the amendment In my opinion, we must also ree÷xamine the Burr Hall (TX) Peterson (MN) phase of crafting a solution to the issue of method by which we draw congressional dis- Calvert Harman Petri tricts in order to solve the problem of non- Campbell Hefner Pomeroy term limits, the argument can be made that Cannon Hill Poshard this is a power that should be given to the competitive elections. Congressional districts Chabot Hinchey Pryce (OH) States because of the inherent local interest of are frequently drawn in order to be politically Clyburn Hoekstra Radanovich the people in a particular State to have effec- safe for one party or the other. That is, they Coble Holden Reyes Coburn Hoyer Rogan tive representation. are drawn so that they are overwhelmingly Combest Jackson-Lee Royce Currently, the States are prepared to make populated by either Democrats or Repub- Condit (TX) Sabo this decision. No less than 23 States passed licans. As a result, it is difficult for a challenger Cook Johnson, E. B. Sanchez proposals affecting the terms of Members. It is from the other party to get elected. In my opin- Cooksey Jones Sandlin Cox Kilpatrick Sanford evident that the people of these States know ion, our election laws should better take into Cramer Kim Schiff what the best course of action for their State. account the need to encourage competitive Crane Kind (WI) Scott If we are to have an amendment which lim- districts. Cunningham Kleczka Sensenbrenner its the terms of Members of Congress,then we Danner Klug Shadegg This issue, and other problems with the Davis (FL) LaFalce Sherman should allow the States to be equal partners in electoral process, must be considered by Con- Davis (VA) Lampson Shimkus that decisionmaking process. While we are a gress as part of a legislative and election re- Deal Lantos Sisisky body of national sovereignty, the sovereignty form package. I strongly supported the effort Delahunt Largent Slaughter DeLay LaTourette Smith (MI) of the States must not be ignored. We must to enact campaign finance reform legislation Deutsch Lewis (KY) Smith, Adam not dictate to the States the parameters by during the 104th Congress and was dis- Dingell LoBiondo Souder which elected officials in each State will serve appointed by the failure of Congress to adopt Doggett Lofgren Spratt their constituency. The sovereignty of each in- Ehlers Luther Stearns such legislation. Emerson Maloney (CT) Stupak dividual State cries out to be included in this Many elections have become big business Engel Manzullo Talent fundamental process of representation. for political consultants who market candidates Ensign Markey Tanner H510 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Taylor (MS) Tierney Weldon (FL) NOT VOTING—7 the advantages of incumbency, as he Taylor (NC) Towns Weller Carson Richardson Young (AK) says he is, we would be voting on cam- Thornberry Turner Wexler Clay Scarborough Thurman Upton Whitfield paign finance reform, not term limits, Obey Solomon Tiahrt Waxman Wise as the very first measure that we con- b 1800 sider in the Congress. NOES—274 Mr. HERGER changed his vote from I have not quoted Robert Novak re- Abercrombie Granger Ortiz ‘‘aye’’ to ‘‘no.’’ cently, but he states that, you read it, Ackerman Greenwood Owens ‘‘This reveals the hypocrisy underscor- Aderholt Gutknecht Oxley Mr. COX of California and Mr. WAX- Allen Hamilton Packard MAN changed their vote from ‘‘no’’ to ing the avowed support of term limits Andrews Hansen Pallone ‘‘aye.’’ by congressional Republicans. Like Archer Hastert Pappas their Democratic counterparts who Bachus Hastings (FL) Parker So the amendment in the nature of a Baesler Hastings (WA) Pastor substitute was rejected. frankly and honestly oppose the limits, Baker Hayworth Paxon The result of the vote was announced the Republicans are professional politi- Baldacci Hefley Payne as above recorded. cians who enjoy the good life in Wash- Ballenger Herger Pease C ington.’’ That is a quote. Barr Hilleary Pelosi Mr. M COLLUM. Mr. Chairman, in Barrett (NE) Hilliard Peterson (PA) order to shorten the time that we have I am still bipartisan. This proposal Bass Hinojosa Pickering in here, I ask unanimous consent that has not been sincere from the begin- Bateman Hobson Pickett the gentleman from Michigan [Mr. ning, with supporters of it not wanting Becerra Hooley Pitts Bereuter Horn Pombo CONYERS] and I both be permitted to to apply it as late as the year 2016 rath- Berry Hostettler Porter strike the last word one time. er than right now. Bilirakis Houghton Portman The CHAIRMAN. Is there objection Now, me, I oppose hypocritical term Bishop Hulshof Price (NC) to the request of the gentleman from limits and unhypocritical term limits. Bliley Hunter Quinn Blunt Hutchinson Rahall Florida? I oppose all term limits. And so I would Boehlert Hyde Ramstad There was no objection. ask that all of us here at the close of Boehner Inglis Rangel Mr. CONYERS. Mr. Chairman, I move this debate join in finally rejecting the Bono Istook Regula to strike the last word. base bill that will now be voted on of- Borski Jackson (IL) Riggs Boyd Jefferson Riley Mr. Chairman, I hope the Speaker is fered by my friend the gentleman from Brown (CA) Jenkins Rivers satisfied now. He promised that the Florida [Mr. MCCOLLUM]. Brown (FL) John Roemer first thing we would vote on would be Mr. MCCOLLUM. Mr. Chairman, I Bunning Johnson (CT) Rogers Burton Johnson (WI) Rohrabacher this constitutional amendment. I trust move to strike the last word. Buyer Johnson, Sam Ros-Lehtinen he is satisfied that he has made us do I would like to address the body Callahan Kanjorski Rothman that. about where we are at this moment. We Camp Kaptur Roukema And so now we gather here this are about to take a vote on final pas- Canady Kasich Roybal-Allard Capps Kelly Rush evening, the only thing left is the sage of the underlying bill, House Joint Cardin Kennedy (MA) Ryun McCollum amendment which would Resolution 2, and the way that is going Castle Kennedy (RI) Salmon allow all of us to serve for almost two to happen is that I am not going to Chambliss Kennelly Sanders decades before it would take effect. offer the amendment that I have, the Chenoweth Kildee Sawyer Christensen King (NY) Saxton And in an amazing act of inconsist- substitute amendment, because no Clayton Kingston Schaefer, Dan ency, the term limits supporters have amendment that was proposed today Clement Klink Schaffer, Bob just voted down the Dingell amend- received the 218 votes to supplant the Collins Knollenberg Schumer Conyers Kolbe Serrano ment, the only substitute, and with underlying bill or to require us to offer Costello Kucinich Sessions that vote said that term limits should the underlying bill as an amendment. Coyne LaHood Shaw not apply to any sitting Member for And so this is the last debate we are Crapo Latham Shays about 19 years. Great work. going to have today on the question of Cubin Lazio Shuster Cummings Leach Skaggs As it has been said eloquently so term limits. Davis (IL) Levin Skeen much by the chairman of Judiciary, What we are talking about voting DeFazio Lewis (CA) Skelton like the famous prayer of St. Augus- upon in a moment is the one propo- DeGette Lewis (GA) Smith (NJ) DeLauro Linder Smith (OR) tine who said, ‘‘Dear God, make me sition that for the foreseeable future Dellums Lipinski Smith (TX) pure, but not now.’’ When an eight- has any chance of ever becoming a part Diaz-Balart Livingston Smith, Linda term Member of the other body can of the Constitution of the United Dickey Lowey Snowbarger claim to support term limits, I think States to limit Members of the House Dicks Lucas Snyder Dixon Maloney (NY) Spence we have a little problem about credibil- and Senate. It will be only the second Dooley Manton Stabenow ity. The proponents of this measure time Members will get to cast a vote in Doolittle Martinez Stark want it, but do not want it to apply to the history of this country on term Doyle Mascara Stenholm Dreier Matsui Stokes themselves. limits and have it mean something. Duncan McCarthy (MO) Strickland So we voted down, with the highest In the last Congress, we had this vote Dunn McCarthy (NY) Stump vote of the day, by 152 votes, the one on this precise 12 years in the House, 12 Edwards McCollum Sununu unhypocritical amendment on this sub- years in the Senate, and there were 227 Ehrlich McDade Tauscher English McDermott Tauzin ject. But we have also voted down Members of the House who voted for it. Evans McGovern Thomas seven of the almost same identical I am a little fearful today we may not Everett McHale Thompson amendments all day long. We have get 227 because of the State initiatives Ewing McInnis Thune that were on the ballot in 9 States that Fawell McKeon Torres made a mockery of this process. Fazio McKinney Traficant The problem is that term limits are we know resulted in a series of 7 extra Filner Meek Velazquez no longer an issue to the public. Do votes here today. Flake Menendez Vento you not get it? Two-thirds of the Mem- But I think we should point out a Foglietta Metcalf Visclosky Foley Mica Walsh bers here have not been here three couple of things at this point in time. Ford Millender- Wamp terms. That is why it is not working Not a single proposal today on the Fowler McDonald Waters here. That is why nobody is worried floor of the House for 6 years or 8 years Frelinghuysen Miller (CA) Watkins about it anywhere that used to be wor- or allowing the States the option of de- Frost Miller (FL) Watt (NC) Gallegly Mink Watts (OK) ried about it. In the last 6 years, we ciding the number of years that we Gejdenson Molinari Weldon (PA) have had a nearly two-third turnover would have for term limits received 100 Gephardt Mollohan Weygand in the House. There is simply no re- votes. Not a one got 100 votes. I believe Gilchrest Morella White Gillmor Murtha Wicker maining rationale for term limits. there are far more than 200 Members, I Gilman Nadler Wolf But term limits does not create jobs, think there are far more than 227 Mem- Gonzalez Nethercutt Woolsey increase our standard of living, deal bers in this body who are for term lim- Goodlatte Northup Wynn with the campaign finance scandal. its, and if they had their free will and Goodling Norwood Yates Gordon Nussle Young (FL) And so if the majority, if the Speaker did not have the scarlet letters to be Goss Oberstar were really interested in dealing with put beside their name in these 9 States February 12, 1997 CONGRESSIONAL RECORD — HOUSE H511 if they voted for this 12-year proposal anyone who supports term limits, I Castle Hill Pitts Chabot Hilleary Pombo on final passage, they would vote for urge them to vote for it. This should Chambliss Hinojosa Portman this and we would have well over the not be the last vote on term limits. Coble Hobson Poshard 227, though we would fall short of the History should not record that we only Coburn Hoekstra Pryce (OH) 290 supermajority required to pass a had two Congresses, the 104th and the Collins Holden Quinn Combest Horn Radanovich constitutional amendment. 105th, that voted on it. History should Condit Houghton Ramstad Why is this important? It is very im- record that we made progress with Cook Hulshof Regula portant because term limits is impor- every Congress through the 104th, the Cooksey Inglis Reyes tant, because better than 70 percent of Cox Istook Riggs 105th, the 106th and whatever is nec- Cramer Jenkins Riley the American people still believe, as essary until that 290 votes were Crane John Rogan they have for years, that we ought to reached in the House and 67 in the Sen- Cubin Johnson, Sam Rohrabacher limit the length of time Members of ate and that ultimately this body and Cunningham Jones Ros-Lehtinen Danner Kasich Royce the House and Senate serve. It is im- that body of the other body passed a Davis (VA) Kelly Ryun portant because they understand, as we term limits constitutional amendment Deal Kim Salmon should, that only by voting for this and sent it to the States for ratifica- DeFazio Kind (WI) Sanford term limits proposal today and in the Deutsch Kingston Saxton tion. It is what the public wants, it is Diaz-Balart Klug Schiff future getting it into the Constitution the right thing to do, it is what our Doolittle Knollenberg Sessions can we ever alter the problem that be- Founding Fathers, if they were here Doyle Kolbe Shadegg sets this body and the other of too today, would want us to do to keep bal- Dunn LaHood Shaw Ehlers Largent Sherman many of our Members too often, too ance proper in this country and to let Emerson Latham Shimkus frequently voting because they are con- us vote our consciences the right way English LaTourette Shuster cerned about being reelected and be- as the greatest deliberative body in the Ensign Lazio Smith (MI) cause of the interests they are trying Eshoo Leach Smith (OR) world. Everett Lewis (KY) Smith (TX) to please rather than for the delibera- So I urge my colleagues to vote for Ewing Linder Smith, Adam tive process and the good of the coun- the term limits, 12-year provision, the Foley LoBiondo Smith, Linda try as a whole, which I think most of underlying bill, on final passage. Forbes Lucas Snowbarger Fowler Luther Solomon us come here with that in mind to do. Mr. Chairman, I yield back the bal- Fox Maloney (CT) Souder It is not an affliction of each and every ance of my time. Franks (NJ) Manzullo Spence vote, but it is an affliction all too The CHAIRMAN. There being no fur- Frelinghuysen Mascara Stearns often. Furse McCollum Stump ther amendments, under the rule the Gallegly McCrery Sununu I think it has been best described in Committee rises. Ganske McIntosh Talent The Last Word column that I commend Accordingly, the Committee rose; Gekas McIntyre Tauzin to all Members to read in this week’s Gibbons McKeon Taylor (NC) and the Speaker pro tempore [Mr. Gilchrest McNulty Thomas Newsweek Magazine by George Will. It UPTON] having assumed the chair, Mr. Gillmor Meehan Thornberry is an excellent column both on the rea- HASTINGS of Washington, Chairman of Gingrich Metcalf Tiahrt son why we need term limits and also the Committee of the Whole House on Goode Mica Traficant on the reason why the U.S. Term Lim- Goodlatte Miller (FL) Turner the State of the Union, reported that Goodling Minge Upton its effort in these States’ initiatives is that Committee, having had under con- Gordon Moran (KS) Walsh going to cause indigestion and probable sideration the House Joint Resolution Goss Myrick Wamp defeat for this for a long time to come Graham Nethercutt Watkins (H.J. Res. 2) proposing an amendment Granger Neumann Watts (OK) if they get their way. to the Constitution of the United Greenwood Ney Weldon (FL) It is also important to respond to the States with respect to the number of Gutknecht Norwood Weldon (PA) critics who say, well, there are some of terms of office of Members of the Sen- Hall (TX) Nussle Weller us who do not ever want to really see Hansen Packard Wexler ate and the House of Representatives, Harman Pascrell White it, or we have had a lot of turnover pursuant to House Resolution 47, he re- Hastert Paul Whitfield anyway; three-quarters of the body ported the bill back to the House. Hastings (WA) Paxon Wolf have turned over in the last couple of Hayworth Pease Young (FL) The SPEAKER pro tempore. Under Hefley Peterson (MN) years. the rule, the previous question is or- Herger Peterson (PA) It is true, we have had good turnover, dered. NAYS—211 but the problem is that for those who The question is on engrossment and Abercrombie Davis (FL) Gutierrez stay here, the power rests with them. third reading of the joint resolution. We all know we will always have some Ackerman Davis (IL) Hall (OH) The joint resolution was ordered to Allen DeGette Hamilton version of a seniority system in every be engrossed and read a third time, and Andrews Delahunt Hastings (FL) legislative body and those who stay was read the third time. Archer DeLauro Hefner here and do not turn over are the ones Baesler DeLay Hilliard The SPEAKER pro tempore. The Baldacci Dellums Hinchey who have the power as chairmen of question is on the passage of the joint Barrett (WI) Dickey Hooley committees and the leadership. The resolution. Bateman Dicks Hostettler Becerra Dingell Hoyer only way that we can limit that power, The question was taken; and the the only way that we can end the ca- Bentsen Dixon Hunter Speaker pro tempore announced that Berman Doggett Hutchinson reerism that is the orientation of all the noes appeared to have it. Bishop Dooley Hyde too many Members who come here is Bliley Dreier Jackson (IL) Mr. McCOLLUM. Mr. Speaker, on by passing a constitutional amendment Blumenauer Duncan Jackson-Lee that I demand the yeas and nays. Blunt Edwards (TX) to limit the terms of Congressmen. And The yeas and nays were ordered. Boehlert Ehrlich Jefferson the only one that has the power and a Bonior Engel Johnson (CT) The vote was taken by electronic de- chance of passage in this body and the Borski Etheridge Johnson (WI) vice, and there were—yeas 217, nays other body any time into the foresee- Boucher Evans Johnson, E. B. 211, not voting 6, as follows: Boyd Farr Kanjorski able future is the one that I am propos- Brown (CA) Fattah Kaptur ing today that we are about to vote on. [Roll No. 21] Brown (FL) Fawell Kennedy (MA) That is 12 years in the House and 12 YEAS—217 Capps Fazio Kennedy (RI) Cardin Filner Kennelly Aderholt Bereuter Bryant years in the Senate, six 2-year terms in Chenoweth Flake Kildee Armey Berry Bunning the House, two 6-year terms in the Sen- Christensen Foglietta Kilpatrick Bachus Bilbray Burr Clayton Ford King (NY) ate. Baker Bilirakis Burton Clement Frank (MA) Kleczka Ballenger Blagojevich Buyer b 1815 Clyburn Frost Klink Barcia Boehner Callahan Conyers Gejdenson Kucinich Barr Bonilla Calvert Mr. Chairman, in the strongest of Costello Gephardt LaFalce Barrett (NE) Bono Camp terms, if in my colleagues’ conscience Coyne Gilman Lampson Bartlett Boswell Campbell Crapo Gonzalez Lantos they can get away with it in any way Barton Brady Canady Cummings Green Levin to avoid those State initiatives for Bass Brown (OH) Cannon H512 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Lewis (CA) Olver Shays CAMPAIGN FINANCE REFORM Now Hundt is promoting a radical expan- Lewis (GA) Ortiz Sisisky SHOULD BE A TOP PRIORITY sion of Taylor’s ‘‘free time’’ proposal. He Lipinski Owens Skaggs thinks broadcasters should be required to do- Livingston Oxley Skeen (Mr. SLAUGHTER asked and was nate almost $2 billion worth of commercial Lofgren Pallone Skelton given permission to address the House Lowey Pappas Slaughter time to a ‘‘political time bank’’ that would Maloney (NY) Parker Smith (NJ) for 1 minute and to revise and extend be available free to candidates for federal Manton Pastor Snyder her remarks.) and state office. Markey Payne Spratt Ms. SLAUGHTER. Mr. Speaker, in That sounds like a huge burden to impose, Martinez Pelosi Stabenow but Hundt points out that the estimated $1.8 Matsui Petri Stark this past election season spending lev- els for Federal elections shattered all billion of paid political ads in the 1995–96 McCarthy (MO) Pickering Stenholm election cycle was only 2.5 percent of the tel- McCarthy (NY) Pickett Stokes previous records, at nearly $2 billion. evision ad revenue in that period. McDade Pomeroy Strickland The President and our leadership met McDermott Porter Stupak He also noted that, under a law passed last McGovern Price (NC) Tanner yesterday and agreed on five priority year, the government is about to hand broad- McHale Rahall Tauscher items for this Congress, but guess what casters a gift of incalculable value in the McHugh Rangel Taylor (MS) was missing? Campaign finance reform. form of a new spectrum of digital TV chan- McInnis Rivers Thompson Let me make a suggestion. As David nels which can be used for movie theater- McKinney Roemer Thune quarterly programs or for a wide variety of Meek Rogers Thurman Broder noted in today’s Washington other high-fidelity communications. Menendez Rothman Tierney Post, the reason campaigns are so ex- Last week, Hundt’s longtime friend, Vice Millender- Roukema Torres pensive is because television advertis- McDonald Roybal-Allard Towns President Al Gore, made that point a matter Miller (CA) Rush Velazquez ing costs so much. That is why I have of administration policy—without endorsing Mink Sabo Vento reintroduced H.R. 84, the Fairness in Hundt’s specific proposal. ‘‘Digital tech- Moakley Sanchez Visclosky Political Advertising Act. It would re- nology,’’ Gore said, ‘‘will greatly enhance Molinari Sanders Waters duce the cost of elections by requiring the opportunities available to broadcasters Mollohan Sandlin Watt (NC) to utilize multiple channels. The public in- Moran (VA) Sawyer Waxman television stations to make free time Morella Schaefer, Dan Weygand available to both candidates as a condi- terest obligations should be commensurate Murtha Schaffer, Bob Wicker tion of the stations renewing their li- with these opportunities.’’ Nadler Schumer Wise Hundt has found one ally high up in the Neal Scott Woolsey censes, and I urge my colleagues to broadcasting industry. Barry Diller, who has Northup Sensenbrenner Wynn join me on this bill. been a key player for years and now heads Oberstar Serrano Yates I challenge the leadership to make his own company that controls a number of NOT VOTING—6 campaign finance reform a priority and TV stations and the Home Shopping Net- work, told an industry convention in New Carson Obey Scarborough to enact the Fairness in Political Ad- Clay Richardson Young (AK) vertising Act. Democracy should not Orleans last month that in return for the gift of the new digital TV spectrum, ‘‘I propose Mr. CAMP changed his vote from cost $2 billion. Mr. Speaker, I am submitting the ar- that we take sole responsibility for the cost ‘‘nay’’ to ‘‘yea.’’ of airing all political advertising messages So (two-thirds not having voted in ticle referred to earlier for inclusion in for all government candidates and to use this favor thereof), the joint resolution was the RECORD: lever as the impetus to abolish all forms of rejected. [From the Washington Post, Feb. 12, 1997] the current system of political contribu- The result of the vote was announced A TV TIME BANK FOR CANDIDATES tions.’’ Diller conceded that it ‘‘would cost us over (By David S. Broder) as above recorded. a billion dollars in lost revenue’’ in the peak A motion to reconsider was laid on When you’re trying to figure out one of year of each election cycle. ‘‘But,’’ he added, the table. those interlocking wooden puzzles, some- ‘‘it would also radically change the nature of times it helps to turn it upside down. That is our rotten political fund-raising system.’’ f what happened to me one morning recently Advocates of some campaign finance bills when I had breakfast with Reed Hundt, the are considering a way to incorporate the GENERAL LEAVE chairman of the Federal Communications ‘‘free time bank’’ into their proposals. Tay- Commission. lor will hold a conference on the subject in Mr. CANADY of Florida. Mr. Speak- The topic was campaign finance legisla- Washington next month. But he and Hundt er, I ask unanimous consent that all tion—or so I thought. But when I remarked both concede this is not a panacea. Members may have 5 legislative days that the history of campaign finance laws Important policy and administrative issues in which to revise and extend their re- and regulations was fraught with unintended would remain: Could independent groups buy marks on House Joint Resolution 2. consequences, Hundt immediately corrected time for ‘‘education’’ or ‘‘independent ex- The SPEAKER pro tempore. Is there me. ‘‘We’re not talking about campaign fi- penditure’’ campaigns? Who would divvy up nance legislation.’’ he said. ‘‘We’re talking the ‘‘time bank’’ among the thousands of objection to the request of the gen- about giving candidates and voters more ac- tleman from Florida? Democratic and Republican candidates in cess, and these measures have almost always each election? If the national parties con- There was no objection. succeeded. The Voting Rights Act has been a trolled the time, how would dissident or success. The provisions that allowed presi- f maverick Democrats and Republicans fare? dential debates have worked.’’ And how would minor parties be protected in Hundt’s point was this: For decades, the the allocation of time? ELECTION OF MEMBERS TO campaign finance debate has focused on the These are all important questions. But this COMMITTEE ON SMALL BUSINESS source and volume of funds—the supply side proposal offers a way to reduce the costs of of the problem. Government has attempted campaigns drastically by eliminating or Mr. CANADY of Florida. Mr. Speak- to regulate who could give (and who could er, I offer a resolution (H. Res. 52) and greatly slashing the expense of television ad- not), the size of their contributions and, to vertising. It deserves to be part of the com- I ask unanimous consent for its imme- the extent the courts allowed, the amount ing debate. candidates could spend. diate consideration. f The Clerk read the resolution, as fol- Hundt suggested that we turn the problem lows: around by asking where the money goes and SPECIAL ORDERS whether that cost can be reduced, i.e., exam- H. RES. 52 ine the demand side of the equation. The SPEAKER pro tempore (Mr. Resolved, That the following named Mem- The answer is obvious. Most of the money SNOWBARGER). Under the Speaker’s an- bers be, and they are hereby, elected to the goes into buying television ad time. Cam- nounced policy of January 7, 1997, and following standing committees of the House paigns are expensive because television costs under a previous order of the House, of Representatives: Committee on Small so much. the following Members will be recog- Business: Mr. Hill, and Mr. Sununu. In 1996, Hundt encouraged former Washing- nized for 5 minutes each. ton Post reporter Paul Taylor’s foundation- The SPEAKER pro tempore. Is there f objection to the request of the gen- financed campaign to persuade television tleman from Florida? and cable operators to make small blocks of TRIBUTE TO JANE CLAYTON free time available to the presidential can- There was no objection. didates. Taylor had some success, but never The SPEAKER pro tempore. Under a The resolution was agreed to. got the broadcasters to agree on a single previous order of the House, the gen- A motion to reconsider was laid on time when all viewers would find the can- tleman from New Jersey [Mr. PAPPAS] the table. didates talking directly to them. is recognized for 5 minutes. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H513 Mr. PAPPAS. Mr. Speaker, for the The legacy of Jane Clayton will not years of hard work. I respect Jane for not only past 16 years, the residents of Mon- go forgotten. How appropriate that the her topnotch performance as county clerkÐ mouth County, NJ, have had the great archive record retention center in but also her knowledge and involvement in fortune to have Jane Clayton serving Manalapan Township which she helped Monmouth County. as their county clerk. Day in and day create will serve as the ideal place to We have a lot to be thankful for in Mon- out Jane has brought the highest de- record her own years of service as well mouth County: Great little towns, good roads, gree of professionalism to this office. as the service of so many others in the great services, excellent land management, Jane’s community service and involve- county of Monmouth. good businesses, and a county clerk second- ment spans over 3 decades and has We are sad to lose Jane in the clerk’s to-none. touched too many people to count. office and wish her well. The standard Thanks again, Jane, for everything you've Aside from her service as county clerk, that she has set over the past decade contributed to Monmouth County. I look for- she had been a county freeholder and and a half will be the bar for all future ward to seeing you back homeÐbecause I served on numerous boards and coun- clerks to reach for. know that you'll still be a staple of the Fourth sels. I guess the greatest accomplishment District. From all of us in the Fourth District It would take hours to list the nu- that anyone in public service can have and Monmouth CountyÐJaneÐbest wishes merous activities that Jane has given said about them is that they have and know that your hard work is and will al- her time to over the past 30 years, so made a difference. Jane, you have ways be deeply appreciated. while I will attempt to touch upon just made a difference, in our county and in f a few. She has served on the Monmouth our lives. County Criminal Justice Coordinating I join the people of Monmouth Coun- b 1845 Council, County Detention Center’s ty in thanking the Honorable Jane REBUILDING AMERICA’S INFRA- board, County Planning Board, County Clayton, my friend and colleague, for STRUCTURE THROUGH PUBLIC- Election Commission, board of direc- her service. PRIVATE PARTNERSHIP Mr. SMITH of New Jersey. Mr. Speaker, I tors of the County Council of Girl The SPEAKER pro tempore. Under a rise today to honor a good friend and great Scouts, and the board of directors of previous order of the House, the gentle- the county United Way, to name just a public servantÐMonmouth County Clerk Jane woman from Connecticut [Ms. few. ClaytonÐwho just recently retired from her po- DELAURO] is recognized for 5 minutes. The businesslike approach to govern- sition after 16 years of dedicated service. Ms. DeLAURO. Mr. Speaker, today I ment that we in Congress strive to Monmouth County, NJ, has had the great introduced four bills that I hope will bring to the Federal Government, Jane benefit of having Mrs. Jane Clayton as our add to the dialogue about the Federal Clayton has brought to the office of county clerk from 1980 to just a few weeks Government’s role in establishing pub- county clerk. To Jane, the people of ago. Jane took that office and transformed it lic-private partnerships to leverage the county are customers and her goal into the fiscally conservative success that it is both public and private investment in has been to bring the highest degree of todayÐall the while ensuring that our rich his- tory and record of efficient services remains America’s infrastructure. service to these customers. She treats Congress has recognized that our Na- the taxpayers’ money as she would her intact for our children, grandchildren, and their tion simply does not have the resources own. She has rooted out waste in her children to enjoy. to fix and rebuild all of our schools, our office and, by all accounts, has made it Before serving Monmouth County as clerk, highways, mass transit facilities, envi- a model for others to follow. Washing- Jane was a county freeholder in the late ronmental infrastructure, ports and ton could learn a lot from Jane Clay- 1970's. She has held a variety of offices be- airports and other infrastructure facili- ton. fore county clerkÐincluding serving on the Today, the public’s perception of pub- boards of the County Criminal Justice Coordi- ties. Public-private partnerships hold lic servants has become tarnished due nating Council, the County Detention Center, great potential in helping to fill this to scandals and back-door deals. If ev- the County Planning Board, and the Mon- estimated $30 billion to $80 billion in eryone in public office had the profes- mouth Museum Board of Trustees. annual Federal investment, a shortfall sionalism and high ethical standards Over the years, Jane and I have worked on in America’s infrastructure. In the that Jane Clayton does, I am sure that countless projects together. Particularly mo- process we have the opportunity to cre- public office holders would be held with mentous to both Jane and me was the unique ate hundreds of thousands of new jobs. only the highest regard. She is admired effort between the county and Federal levels Congress started to address the idea and respected both as a public servant of government to acquire an absolutely beau- of leveraging both public and private and person. tiful mural of the Battle of Monmouth for the investments in infrastructure during The quality of Jane’s work has not headquarters of the Monmouth County Library. the debate over the Intermodal Surface gone unnoticed over the years. Several This project was especially important, as the Transportation Efficiency Act of 1991. organizations have recognized her out- Federal Government rarely works with an indi- In addition to promoting discussion standing service and efforts by choos- vidual county to provide them with such things about innovative financing tools, the ing her as their woman of the year. The as the artwork that we now have in Monmouth legislation granted to States the au- March of Dimes, Zonta International, County. thority to establish something called a Association of Retarded Citizens, Big Jane has also been successful in getting State infrastructure bank, or an SIB, Brothers/Big Sisters, the County Coun- modern technology to improve the records in cooperation with the Department of cil of Girl Scouts and the Monmouth system for the county archives. As Monmouth Transportation. County Fireman’s Association are just County was host to Revolutionary War Bat- The Department of Transportation a few of the groups that have recog- tlesÐsuch as the Battle of MonmouthÐwe has now enabled ten States to establish nized what so many of us see on a daily have a wealth of history that needs to con- the State infrastructure banks, which basis. tinue to be available for all who wish to learn are intended to attract both public and During my time as a county more about our great area. private investment in transportation freeholder, I remember that Jane used Jane has been given countless awards for infrastructure. These entities, the to send around calendars with the his- her numerous years of serviceÐincluding hon- State infrastructure banks, are funded tory of the U.S. flag. Jane has an ors from the March of Dimes, the Monmouth using an allotment from the States’ unyielding desire to share her knowl- County Fireman's Association, and the Mon- Federal transportation apportion- edge with others and this was just one mouth Council of Boy Scouts and Girl Scouts. ments. small example. Jane has a record of excellence that many in The success of the newly created More than a public servant, Jane has central New Jersey are thankful for. SIB’s is limited by undercapitalization been a devoted mother and grand- Monmouth County is a great area with many and an inability to leverage projects mother. I often wonder how she finds different communities and neighborhoods. other than highway and mass transit all the time while doing everything so From our part of the Jersey Shore, to towns infrastructure. The bills that I offered well. Often it is said that you cannot like Millstone and Allentown, Jane pleased today will try to provide several solu- be everything to everyone, but if there nearly everyone in her service as county clerk. tions for addressing these weaknesses was someone who came close, it would I'm already missing Jane Clayton, as she in a constructive and cost-effective be Jane Clayton. retired on December 31, 1996 after many manner. H514 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Building on the effectiveness of the can rebuild our schools, our roads, our As people live longer and the baby financial mechanisms created by these bridges, our mass transit system, our boomers retire to expand that senior State infrastructure banks, I intro- rail system, our airports, our environ- population, we see the increase on this duced four bills that will greatly ex- mental facilities, and in the process, chart, that seniors are increasing at pand the role of these kinds of entities create hundreds of thousands of new the rate of 108 percent between now and are related to public-private part- jobs. and 2040, where workers that are pay- nerships. I urge my colleagues to study the ing in to pay for those benefits with The first bill is the State Infrastruc- bills over the coming weeks and their Social Security taxes are only in- ture Bank Expansion Act, which works months. I hope they will be able to creasing at the rate of 23 percent. by studying ways to expand the use of, demonstrate their support for these Let me stop and pause here a minute and to increase the capital, the money, kinds of public-private partnerships. I to stress the fact that this is a pay-as- for these State infrastructure banks. thank the Members for their consider- you-go program. Current workers pay The second bill, the National Infra- ation. their taxes to pay the benefits for cur- structure Development Corporation f rent retirees. That is the way it is now. Act, creates a Federal entity that func- HOW DO WE KEEP SOCIAL That is the way it always has been. tions much like these State creations. SECURITY SOLVENT? There is no savings account. We talk The third bill, the Public Benefit about the trust fund, but the trust fund Bonds Innovative Financing Act, cre- The SPEAKER pro tempore (Mr. is only the surplus in every month ates a new form of infrastructure bond SNOWBARGER]. Under a previous order when those Social Security taxes come that can be purchased by institutional of the House, the gentleman from in. If you subtract the benefits that are investors. Michigan [Mr. SMITH] is recognized for paid out, you have a little surplus, es- The last bill, the National Infrastruc- 5 minutes. pecially since we started increasing the Mr. SMITH of Michigan. Mr. Speak- ture Development Act, ties the two lat- Social Security taxes in the last 15 er, this is Ryan Hemker from Quincy, ter vehicles together as a comprehen- years. That surplus is what goes into MI, coming in from my Michigan Sev- sive approach to leveraging public and the Social Security trust fund. Now private investments in infrastructure. enth Congressional District as a page, so Ryan is going to help me flip these there is $540 billion in that trust fund, The first bill, the State Infrastruc- and it is a problem, because we are ture Bank Expansion Act, directs the charts. Social Security is developing into an even using that money for other Gov- Secretary of the Treasury, in coopera- issue which more and more people are ernment expenditures. tion with heads of other Federal de- realizing has very serious con- I have proposed legislation that stops partments, to study the way in which sequences. We are talking about the the Government from using that sur- the State Infrastructure Banks can be question now of should we continue to plus money. That is a start. As we see expanded. The purpose of the study is dip into the Social Security trust fund on the number of people, the number of to determine whether the State banks to use for current other Government workers that are working, that are could be used to finance projects out- spending. What I want to talk about is paying in their taxes to support each side of the realm of transportation, so how do we keep Social Security sol- retiree, in 1950 we had 17 workers pay- that we can include other areas that vent, and is there a currently a real ing in their taxes to support each re- could be utilized by the State bank. problem with Social Security? tiree. In 1996 we had three workers. By I also reintroduced the National In- As we see by this first chart, Social the year 2029, we are only going to have frastructure Development Act. This Security is now the largest spending two workers that are going to be asked bill uses two financing mechanisms to item in the Federal budget. This past to pay enough taxes to support each re- attract private capital. First, the Na- year it was $347 billion larger than the tiree. tional Infrastructure Development Act defense bill, larger than the other 12 Look, anybody under 55 years old had creates a new category of a revenue- discretionary spending bills, of course better seriously look at changing the neutral bond called a public benefit larger than Medicaid or Medicare or Social Security system. It needs chang- bond. These are tax-exempt bonds the other entitlements. Interest on the ing. Politicians can no longer bury which can be used by investors to at- public debt, and that interest includes their heads in the sand and pretend the tract capital for infrastructure devel- the money that has been borrowed problem does not exist. opment. from the Social Security trust fund, Just let me flip through these charts. The act would also create a Govern- now takes up 15 percent of the Federal Right now we expect to take in less tax ment-sponsored corporation that would budget. revenues than is required for the pay- have the same kinds of functions as a Let us go to the next chart. The next out in 2011. However, Dorcas Hardy State Infrastructure Bank, but with chart shows part of the problem. Our suggests that it could happen, and we expanded authority. The lending cor- birth rate is going down and people are could essentially be in bankruptcy or poration would eventually become living longer, and that means that the having less money than required for fully privatized once it has the capital expense that we are paying into the the payouts as early as 2005. We cannot it needs by way of returns on its infra- cost of Social Security is going up. wait to solve this problem. After that, structure investments. Since those figures in billions are so the red part shows how huge the defi- What I want to do with these bills is huge, I brought it down to a minute cits are going to be, up to $400 billion to open up a bipartisan discussion out of every day. Right now we are a year in today’s dollars. about the ways in which we can create spending $661,000 a minute, $661,000 a So far we have relied on tax increases the most effective financing tools for minute to pay Social Security benefits. to cover the problems of Social Secu- rebuilding America’s infrastructure. In But spending per minute in the year rity, so we have gone from 2 percent of the era of declining Federal budgets, 2030 is going to be $5,717,000. It is going the person’s payroll, and now we are up what we need to do in an effort to try from $600,000 to over $6 million in these to over 12 percent. In fact, if we look at to create jobs, we need to create these next few years. the tax increases since 1970, we have jobs and at the same time to try to That is because more and more peo- had tax increases 36 times. There has save the Federal Government money. ple are living longer, the birth rate is to be a change. I ask everybody to take We need to have private financing going down, and as the next chart a look at my bill. It is not the perfect tools, private investment, in investing shows, we are seeing that for Ameri- solution. Let us take it up the flagpole, in America’s infrastructure. cans, when Social Security started in start shooting at it, but let us no Today there are many, many Amer- 1935, the average age of death was 63 longer ignore the real problem with So- ican corporations who are investing in years old. Now the average age of death cial Security. infrastructure in Third World coun- is 74 years old, but if you happen to f tries. What we want to do is to try to reach 65 and start collecting those ben- capture some of those investment efits, then the average age of death for GENERAL LEAVE funds and have them invested right that person that reaches 65 years old Mr. SMITH of Michigan. Mr. Speak- here in the United States, where we goes up to 84 years old. er, I ask unanimous consent that all February 12, 1997 CONGRESSIONAL RECORD — HOUSE H515 Members may have 5 legislative days In fact, Monday of this week, I was at of the House, the gentleman from New within which to revise and extend their a school in Galena Park School Dis- Jersey [Mr. SAXTON] is recognized for 5 remarks on the subject of the special trict and talked with the principal and minutes. order given today by the gentleman the teachers and the students about [Mr. SAXTON addressed the House. from New Jersey [Mr. PAPPAS]. the importance of title I funding at His remarks will appear hereafter in The SPEAKER pro tempore. Is there that particular elementary school. the Extensions of Remarks.] objection to the request of the gen- Title I is successful, and even my Re- tleman from Michigan? publican colleagues on the Committee f There was no objection. on the Budget agree. In their analysis The SPEAKER pro tempore. Under a f of the President’s budget, the Commit- previous order of the House, the gen- tee on the Budget reports the following tleman from Ohio [Mr. LATOURETTE] is THE PRESIDENT’S OBSESSION about title I, the Title I Program. This recognized for 5 minutes. WITH EDUCATION program, title I basic grants, is one of [Mr. LATOURETTE addressed the The SPEAKER pro tempore. Under a the most important Federal programs House. His remarks will appear here- previous order of the House, the gen- for local schools. I hope my colleagues after in the Extensions of Remarks.] tleman from Texas [Mr. GREEN] is rec- remember this statement during the f ognized for 5 minutes. appropriations process. Mr. GREEN. Mr. Speaker, earlier this I am especially proud that the Presi- The SPEAKER pro tempore. Under a week the Washington Times reported dent has chosen to use the formula previous order of the House, the gen- on President Clinton’s obsession with that we developed in the 103d Congress tleman from Florida [Mr. FOLEY] is education, when he was at the Mary- to improve the way title I grants are recognized for 5 minutes. land State Assembly earlier this week. distributed. [Mr. FOLEY addressed the House. His I am happy to note that he is also ob- remarks will appear hereafter in the b 1900 sessed with a competitive America in Extensions of Remarks.] the future, and obsessed with giving Our formula provides greater funding f children the opportunity for an edu- levels to counties with high numbers or cation. percentages of children who are living EDUCATION Although the Times, I think, meant in poverty. Texas and States like ours The SPEAKER pro tempore. Under it as an insult, I would be glad to ac- that have a large population of dis- the Speaker’s announced policy of Jan- cept this characterization with honor. I advantaged children will benefit from uary 7, 1997, the gentleman from New this formula. would hope that all Members of Con- Jersey [Mr. PALLONE] is recognized for On Tuesday, Secretary of Education gress, including my Republican col- 60 minutes as the designee of the mi- Richard Riley will give his state of leagues, would be obsessed with edu- nority leader. American education address. I am cation. Mr. PALLONE. Mr. Speaker, this During the State of the Union, Presi- proud to participate in Houston as a evening I want to spend some time dis- dent Clinton set the tone for the sec- host of the satellite uplink of the Sec- cussing the topic of education in the ond term by indicating that education retary’s speech. The fact that we will 105th Congress. I just heard my col- will be his top priority. The President’s be able to watch the address via sat- league from Texas and the emphasis he education agenda is ambitious, but I ellite at Channelview High School is a put on education, and obviously the believe we are up to the challenge. Two testament to the benefits of one of key elements of the President’s plan President Clinton’s 10 points he out- President has stressed it as his No. 1 are already part of the Democrat’s lined in the State of the Union Ad- priority. He did so in the State of the family first agenda, the $10,000 tax de- dress, the value of bringing technology Union Address just last week. The duction for tuition and training, and into our schools. Democrats, of course, as part of their the 2-year $1,500 HOPE scholarship. I Channelview Independent School Dis- families first agenda that they put will continue to work with the Presi- trict has built a state-of-the-art high forth in the last Congress have contin- dent to ensure that college will be school to educate children for the 21st ued to prioritize education as an issue made more affordable for working fam- century. That money was local money that the Congress must address that in ilies. that they voted themselves to build a particular should be addressed as soon The President also stressed the im- state-of-the-art high school for their as possible. portance of every child reading inde- children to be educated for the next The President and congressional pendently by the third grade and every century. Democrats have basically developed a child knowing algebra by the eighth As Americans, we are leading the very sweeping plan to make invest- grade. Ensuring that these goals are way in showing how our global class- ments in every level of the Nation’s met requires more attention and re- room is a better educated classroom. education. And in so doing, Democrats sources focused on early childhood The Internet and satellite communica- have also filled the void that I think training and childhood education. tions expand learning beyond the class- has existed since the opening days of The President puts his money where room, the classroom setting. In this session. his mouth is by proposing to expand Channelview High School they have I should say by contrast that so far Head Start to cover 1 million children that. Every school, every room is capa- we have seen very little in terms of by the year 2002. The President also ble of having Internet capabilities in specifics from the Republican side of recognizes the need to give disadvan- Channelview High School. the aisle. We really have no indication taged children the help they need in The value of technology is best ap- of whether they are going to be recep- order to succeed in school. Part of that preciated when it builds on the founda- tive to the President’s or the Demo- effort is the President’s budget would tion of essential skills. I am looking crats’ education agenda. I was cer- allow for $7.5 billion in requested aid forward to hearing Secretary Riley’s tainly disappointed today when, rather for title I funding for elementary and state of the America education address than spend time on a substantive issue secondary schools. This is an increase and look forward to working to im- such as education, the Republican lead- of over $347 million over the funding prove our schools based on standards of ership brought forward votes on the for 1997. excellence to help States and school term limits. We spent the entire day Title I supplements local school ef- districts cope with the growing elemen- arguing over term limits. forts to improve reading and math tary and secondary enrollments and to I would say that there are many peo- skills of students who are at risk of modernize our schools for the 21st cen- ple in Congress that think term limits school failure. This program serves 6.8 tury. are important and certainly it deserves million disadvantaged children annu- Yes, we should all be obsessed with to be debated on the House floor. But I ally, and helped the students in my education. think it borders on irresponsibility to 29th district, that I am honored to rep- f waste time examining term limits resent, to improve their basic skills The SPEAKER pro tempore (Mr. when there are issues of true impor- performance. SNOWBARGER). Under a previous order tance awaiting consideration such as H516 CONGRESSIONAL RECORD — HOUSE February 12, 1997 the President’s education agenda. So if we look at this 10-point plan, with the gentleman from New Jersey Term limits do not teach children to which I will develop a little more as we and so many others on our side of the read. They are not going to help repair go on this evening, we can see that it is aisle, we will fight tooth and nail to our decaying schools or meet the rising an effort really to address education ensure that this Congress makes that cost of college. needs at every level. agenda its number one priority. I would also point out that hopefully Again, I hope that we see the Repub- I want to share with you this evening we are beyond the situation that we lican side of the aisle recognize that why I feel so passionately about these faced in the last Congress where the these initiatives are important, that education priorities. Education is an Republicans were attacking Federal they can make a difference and that we issue that touches me on a very per- education with unprecedented vehe- move forward with this education sonal level. My two sisters are teachers mence upon assuming the majority for agenda. Instead, as you know, last, in in the Worcester public school system. the first time in 40 years. Two years the last session of Congress, we saw the Through them, I have come to under- ago, the Speaker proposed the largest GOP leadership going so far as to actu- stand the selfless dedication that our education cuts in history and voted to ally not only talk about massive cuts Nation’s teachers demonstrate every slash, basically put forward an agenda in education and voted for them but day of the week. I know from watching to slash education programs by 15 per- even talk about dismantling the De- my sisters how extraordinarily hard cent or $3.6 billion. Local school dis- partment of Education. Again, I hope our teachers work to keep students en- tricts across the country braced for that the effort to say that we do not gaged and interested in complex sub- and eventually suffered the worst pur- need a Federal Department of Edu- jects and how utterly devoted they are suant to that GOP agenda in the last cation goes the way of all these mas- to making sure their students make Congress. They actually forced Govern- sive cuts that they were proposing in the grade. ment shutdowns that delayed the abil- the last term. Instead we see some real But from traveling throughout my ity of school boards to plan for the progress in trying to move on some of district, I also understand that teaches coming academic year. Among the bil- these education initiatives. and students are working against tre- lions of dollars that the Republicans I would like now, if I could, to yield mendous odds. I have seen teachers wanted to cut from longstanding and to the gentleman from Massachusetts, working to bring their students into successful Federal programs in the last one of the new Members from Massa- the information age under conditions Congress was a $1.2 billion cut in title chusetts. I know he is very concerned that are much closer to the stone age. I, basic grants. One morning I asked a teacher in my about the education issue. They of course started to receive a district what he could do with 20 com- Mr. Speaker, I yield to the gentleman lot of objection from the public about puters in his classroom. He raised his from Massachusetts [Mr. MCGOVERN]. those cuts. Eventually they were re- eyebrows and turned around and Mr. MCGOVERN. Mr. Speaker, I want stored after, I think, they realized that looked at me and quietly pointed to to commend the gentleman from New the American people did not want, did the fact that he only had one electric Jersey for his leadership and for his not want to see the kinds of cuts in the socket in his entire classroom. Build- passion on this issue of education and title I basic grants program. I thought ings in my district and buildings for arranging this special order today. it was rather interesting that just re- throughout this Nation need signifi- There is no issue more important fac- cently Chairman KASICH’s Committee cant rehabilitation and in some cases ing this country than the issue of edu- on the Budget praised the very pro- complete rebuilding before our stu- cation. gram it advocated gutting in 1996, not- dents can hope to be launched into the I believe, as I know the gentleman ing that title I is, quote, ‘‘One of the information superhighway. most important Federal programs for from New Jersey believes, and I hope This is one of the reasons I was so local schools.’’ every Member of this House believes pleased to hear President Clinton an- I guess we have to say at least we are that every child in America deserves to nounce his proposal for $5 billion in happy that now we see the Republican have access to a quality education, an subsidies to leverage $20 billion in leadership saying that these education education that must be affordable. school construction. Every Member of programs are important, and hopefully Every child in America deserves to this Congress knows firsthand how the kind of cuts and the shutdowns go to school in buildings that are regu- badly our local school districts need that we saw in the last Congress are larly maintained and every family help in bringing our public school behind us. needs to know that when their child buildings up to power. Let me just say that the President’s graduates from the third grade, he or We cannot ask great things from our budget puts forth or the President puts she will be able to read. I commend the students without providing them a forth a 10-point plan to invest in edu- President for setting that national safe, stable environment in which to cation, the one that he detailed in his standard. learn and grow. I want you to know State of the Union Address. It really Every family needs to know that that the third district of Massachu- looks at every aspect of education, when their child graduates from the setts is blessed with many fine institu- whether it is preschool, whether it is 8th grade, he or she will be able to do tions of higher learning. We have some secondary school education or college advanced math like algebra. In today’s of the finest colleges and universities education and the cost of college edu- world, every child deserves to go to a in the world located in my district. cation. school that is hooked up to the They are the greatest natural resource The new education plan essentially internet and has access to electronic for both educational and economic re- addresses most of the, or many of the information resources. newal that I can imagine. pressing problems that face the coun- We are in a global economy. There is The key is to make these institutions try today in terms of our educational no way we are going to be the eco- accessible and affordable to every hard- system. Because some 40 percent of the nomic superpower of the 21st century working family in central and southern Nation’s fourth graders are reading unless we have a well-trained work Massachusetts and throughout the below the basic level, the President has force. That requires that we have a country. As I have spent time talking proposed the America reads challenge work force that is literate in computer to families throughout my district, I to ensure every child can read inde- technology. have come to realize the rich diversity pendently by third grade. Because Every family needs to know that of our area. Families of all back- some 60 percent of the Nation’s schools when their son or daughter graduates grounds and all incomes, young people are in need of major repair or outright from high school, they will be able to with every interest and talent each replacement, the President has pro- afford the rising costs associated with face a similar challenge, how do I pay posed a school construction initiative. the next stage of their education. for college. And because the cost of college contin- Our President proposed real solutions Some families seek to send their kids ues to outpace the rate of inflation, to each of these challenges in his State to a four-year university, others a com- Democrats have proposed tax breaks to of the Union address last week. I munity college, still others a voca- help parents and students pay college strongly support the President’s edu- tional or technical school. Every fam- tuition. cation agenda, and I will fight, along ily I meet is gravely concerned about February 12, 1997 CONGRESSIONAL RECORD — HOUSE H517 the skyrocketing cost of college tui- work to pay back their student loans. infrastructure is such that the ceiling tion, the shrinking amount of funds And even with that, we constantly hear is leaking or it is not properly venti- available for student aid and the in- the need for more expanded opportuni- lated or whatever it happens to be. I tense pressure to balance the need for a ties for higher education. think that the President brought for- college education with a host of other Right now that is the education issue ward the need for that in ways that pressing economic needs. that I hear the most about, even maybe a lot of us on the Federal level I am proud to say that our President, though the others, I am sure, are just have not really been aware. President Clinton, must have listened as important. Essentially what he is proposing, to the families across this Nation be- Mr. McGOVERN. Mr. Speaker, if the from what I understand, is sort of a cause his call for action on education gentleman will yield, I could not agree Federal-State-local partnership so speaks directly to the needs I hear with him more. The reality of the econ- more of that modernization can be from the residents of Worcester and omy that we are faced with now is it is done. But I know even in my district, Fall River and Attleboro and Medway a global economy. We are going to need which is pretty much a suburban dis- and Franklin and so many towns to have a work force that is well edu- trict, there are a lot of schools that throughout my district. As I talk to cated, that is able to take advantage of have the need for upgrading and mod- Members in this Chamber, they are higher education, and in that spirit we ernization and the school boards sim- hearing the same message from their must make it affordable to families ply do not have the funds to pay for it. districts. and to young people and to adults who Mr. McGOVERN. Absolutely. I agree The President has asked Congress to want to further their education. with the gentleman. The fact of the increase both the number and the level I was particularly excited about the matter is that when I go around talk- of Pell grant funds and to provide tax President’s State of the Union Address ing to schools, they welcome any Fed- relief to families with kids in college, because he said education is his No. 1 eral assistance to help them recognize either through a tax credit or a tax de- priority. Well, it is my No. 1 priority, some of their goals, whether it be duction. and should be the No. 1 priority of ev- bettering the quality of the classrooms Mr. Speaker, education is a very per- eryone in this Congress. We will not be or trying to hook the schools up to the sonal issue for me. It is a critically im- the economic superpower in the 21st information superhighway. portant issue in my district, and it is century unless we have a well educated I gave an example in my opening re- now a national priority of the highest work force. We will not effectively marks of talking to a teacher who, order. For our children’s future and for combat problems like crime, we will when I asked, ‘‘Would you like 20 com- the future economic well-being of our not effectively deal with issues like puters? What would you do with Nation, I hope that every Member of welfare reform, unless we deal more ef- them?’’ he said, ‘‘I could not use them. this House, regardless of party affili- fectively with the issue of education. I do not have enough electric sockets ation, will support the President’s call I think if this President’s legacy is in my classroom to be able to utilize to action on education. We owe it to that he goes down in history as the them.’’ ourselves, we owe it to our country, education President, truly the edu- Part of the problem is making sure and most important, we owe it to our cation President, where he expands we have the computer technology children. educational opportunities for our available so that our young people can I thank the gentleman from New Jer- young people, where he improves the take advantage of it, but the other part sey again for his leadership on this quality of schools at our elementary of the problem is making sure that the issue. and secondary level, I think he will go school building, the infrastructure, can Mr. PALLONE. Mr. Speaker, I just down in history as one of the greatest handle it. Computers without plugs do want to commend the gentleman for Presidents we have had. So I am ex- not make much sense. particularly making reference to the cited about his agenda. So, again, I agree with the gen- higher education initiative that the I agree with the gentleman especially tleman. I think the President is doing President has put forward. Because as on higher education. I have talked to the right thing here and, again, I do much as I think that all parts of his 10- countless families who say to me that not know of a single school district in point plan are significant, the higher they have a couple of kids of college this country who would not welcome education initiative I think is particu- age who are looking at various col- that kind of Federal assistance. It is a larly important because all we hear leges, and they are looking at the costs wise investment. constantly or at least I do, and I am of tuition and the cost of board and the I hear a lot of people say, about in- sure you do, from our constituents is cost of books, and they cannot figure vesting in education, that we are try- how difficult it is to afford to send how they are going to finance it. ing to balance the budget; we cannot their children to college, whether it is The gentleman knows know as well invest any more in education. Well, I public or private school or whether it as I do there are a lot of families out say every time we have invested in is two years or four years or a graduate there now that are just basically sur- education this country has been better or professional school. viving, people working two or three off. Look at history. Go back to the GI Basically what the President is pro- jobs just to make ends meet, who do Bill of Rights. It cost us a little up posing here is building on existing pro- not have much of a savings, and they front to launch that program, but I do grams like the Pell Grant Program, welcome this kind of tax relief, the not know of a single person today who like the Work Study Program, like the grants the President has proposed. would say, well, the GI Bill of Rights Direct Student Loan Program, and try- They welcome it because it will open was a bad idea; we should not have in- ing to make those programs more ac- up opportunities for their kids. vested in the education of a whole gen- cessible to more people, but at the I think every parent wants the very eration of young people. same time coming up with new initia- best for their children. I think if we Likewise, I think the investments we tives in terms of the tax deductions enact the President’s agenda here, we make today, 10, 20 years from now we and the Hope Scholarship Program so will help a lot of families realize that will look back and people will say that that there are even more, if you will, dream for their kids. was a wise thing to do, that our coun- opportunities, expanded opportunities Mr. PALLONE. The other two issues try is going to be stronger and better to pay for higher education. that I hear so much about, again from off as a result of it. constituents, one is with regard to Mr. PALLONE. The other thing that b 1915 school construction and modernization, surprises me is we have already re- I know that certainly in his first because there are so many schools now ceived some criticisms to the Presi- term, in his first 4 years as President, that really do not have the funds or dent’s suggestion of national stand- and obviously with the cooperation of they have to raise property taxes or ards. One of the 10 points, in fact, I the Congress, he was already able to whatever in order to pay for new con- think it is the first of his 10 points, make some expanded opportunities struction or modernization. that we set rigorous national stand- available with the AmeriCorps pro- We know that it is very difficult to ards, with national tests in 4th grade gram, basically allowing students to learn if one is in a building where the reading and 8th grade math to make H518 CONGRESSIONAL RECORD — HOUSE February 12, 1997 sure our children master the basics, read independently and well by the end Obviously, we feel very strongly that this has been criticized already, that it of the third grade, expand Head Start. that is the case. Most of what is in the is a bad thing to establish Federal Head Start, I hope, has gotten to the President’s program was basically put standards. point now where everybody on both forward with the Democrats’ family I think the President made it clear sides of the aisle recognizes its value, first agenda last year. I think it is real- he was not mandating these standards. but I guess like everything else it is a ly crucial that we keep making the He was basically saying the Federal question of how much we will provide point that we need to move on it; that Government can establish these stand- for it. In my district—again, I have we cannot waste any time, because it ards and create incentives, if you will, been to many of the Head Start pro- really can make a difference in terms to have the schools meet those stand- grams—most of them have waiting of investing in our future and that ards. Again, that is the way I see the lists. Most of them have a lot of kids bridge that we keep talking about to Federal role. The Federal role can well that really cannot take advantage of the next century. be, let us establish the standards and the program, and it works very well. So I thank the gentleman again and then the various school districts in the We need to expand it. yield back the balance of my time. States on a voluntary basis try to meet What he is basically saying is that f them. his budget would expand Head Start to I was kind of shocked to see some of cover one million children by 2002 so b 1930 our colleagues on the other side sug- that essentially every child who is eli- PEACE FOR AFGHANISTAN gest that somehow that that was inter- gible would have the opportunity to ference and that was a bad way to go. participate in Head Start. The SPEAKER pro tempore (Mr. I really believe that, as much as the de- Mr. McGOVERN. And I would just SNOWBARGER). Under a previous order cisions about education will continue add that these proposals, while I wel- of the House, the gentleman from Cali- to be made and should continue to be come them and applaud them, one fornia [Mr. ROHRABACHER] is recognized made by the local school boards, there could argue they are modest in some for 5 minutes. is nothing wrong with the Federal Gov- respects. Some of us wish they would Mr. ROHRABACHER. Mr. Speaker, as ernment trying to help out and provide go farther. I ran back and forth today trying to some kind of a basic standard. On the Pell grants, the President, to cast my votes on this very important Mr. McGOVERN. I agree with the his credit, advocates increasing the issue of term limits, I was visited by gentleman. The fact of the matter is maximum award to $3,000. I think they four individuals who have trekked half- the President is not advocating the should be increased to $5,000 to reflect way around the world in order to visit Federal Government take over the role inflation over the years since the Pell this capital of the United States of that has historically been a local role grants were first initiated. We must America in an attempt to bring peace with regard to education. He is not make sure there are opportunities for to their own country. Those individ- saying that by any means, but he is those who are from lower income fami- uals represent one of the factions that utilizing the bully pulpit, he is utiliz- lies so that they can take advantage of continue to struggle in Afghanistan. ing his position to challenge school dis- a college education as well. These are Those individuals 10 years ago were en- tricts, schools all across this country, reasonable, modest proposals. gaged in a struggle to defeat the most to meet certain minimum standards. I want to tell you, what the Presi- powerful enemy and the most powerful I do not know how anybody could ob- dent has outlined is going to test dictatorship in the world, the Soviet ject to a national standard that by whether this Congress is truly commit- Union. The people of Afghanistan rose third grade every young boy and every ted to making education its No. 1 pri- up against their invaders and it was young girl has to be able to read and ority or whether this Congress is not. their courage and their determination write. That is certainly not a con- It is that simple. that helped bring an end to the cold troversial goal, I think, to be set. I I hope, anyway, that we can have war. Yes, it was the little Mujahedin think it is something that we should some bipartisan cooperation here. The 110-pound man with a turban on his applaud. President said that education should be head and a beard who jumped from be- It should shock us all that so many a nonpartisan issue. I agree with him. hind a rock and faced a Soviet tank of our young kids at that age cannot I hope that all of us here can join to- and said: You shall not impose your read or write. The President has set gether and enact all of these proposals. will on Afghanistan. You will not de- that goal out there, he has challenged Maybe we can make them a little bold- stroy our faith in God. You will stop us to meet it, and we need to find ways er, because I think that is what is here. You will not control my country. to meet it. needed. I will die before you succeed. Part of his call to voluntarism is If we truly want to see this country It was that bravery and that courage that to the extent that people can, that be the economic superpower into the of that perhaps uneducated man from they volunteer to help tutor young next century, if we truly want to make Afghanistan who was willing to give kids so they can read or write by the sure we are dealing with all these other everything that eventually brought the time they are in third grade. This is a social and economic problems that we expansion of the Soviet empire to an part of the solution, again, and I ap- debate here on this floor every single end and reversed the course of the cold plaud that. day, then education has to be a prior- war. The United States has a lot to be It is important that we do set some ity and we are going to have to invest grateful and all the people of the free sort of national standards and some in education. world have a lot to be grateful for to sort of national goals, again, not to So, again, I am going to do what I the people of Afghanistan. Yet the interfere with local jurisdictions or can to try to advance his agenda for- struggle goes on. For the last 3 hours, State jurisdictions, but as a Nation we ward. I know the gentleman from New I have been speaking with these gentle- should want these things. So I applaud Jersey is going to do the same thing. men who have trekked halfway around the President on those things. Clearly, education is the number one the world in order to find peace for Mr. PALLONE. If we look again at priority, and the President deserves a their country, in order to find a peace every one of the initiatives in his 10- great deal of credit for drawing the for Afghanistan. The American people point plan, every one of them basically lines in his State of the Union address. owe a great debt of gratitude to Af- is organized so that the Federal Gov- Mr. PALLONE. Mr. Speaker, I want ghanistan. We would still be in a cold ernment is basically providing an in- to thank the gentleman, and I also war today. There would still be nuclear centive to local school boards. want to say that obviously, for both of missiles aimed at the United States of It is not only the national standards us, this is the beginning of our effort to America by a belligerent power from we talked about, but the idea of a tal- try to continue to bring our colleagues’ the Soviet Union had not the people of ented and dedicated teacher in every attention to the fact that the Presi- Afghanistan risked everything in order classroom, the 100,000 master teachers dent’s education program needs to be to defeat the Soviet empire and to de- through some sort of national certifi- enacted, and that we need to move on feat the Communist thrust into their cation, a teacher for every student to it as quickly as possible. country. For this, the entire world and February 12, 1997 CONGRESSIONAL RECORD — HOUSE H519 the people of the United States owe the may have 5 legislative days within During the 105th Congress, ADA will people of Afghanistan a great debt. Yet which to revise and extend their re- continue to press for a national com- right after the Soviet Union collapsed, marks on the topic of my special order. mitment to full employment, com- the United States ran at a quick pace The SPEAKER pro tempore. Is there prehensive campaign finance reform, away from Afghanistan and never objection to the request of the gen- universal and quality health care, ac- looked back. And every day, even to tleman from California? cess to a full range of reproductive this day, young people in Afghanistan, There was no objection. health care for all, an end to discrimi- children, are blown apart by land Mr. FILNER. Mr. Speaker, I rise nation, full access to quality edu- mines, some of which were provided by today, and many of my colleagues will cation, a safe and healthy environ- the United States of America. We have submit statements to the RECORD to ment, and national economic priorities not done our best to try to bring peace support this special order, to com- that reflect today’s social and defense to a country and to a people to whom memorate the 50th anniversary of a needs. we owe so much. It is my hope that, in great organization called Americans It is quite a list, it is quite an agen- Afghanistan, the leaders of the Taliban for Democratic Action, an organization da, it is quite a full plate. But it is nor- movement who now control much of we fondly call ADA, an organization mal for the members of ADA to take a that country and the leaders of other that has worked tirelessly for 5 decades comprehensive approach to the prob- factions who control the northernmost to improve American society. lems and opportunities that we see in regions of that country can come to an It was on January 3, 1947, that 130 American society. understanding that will bring peace people gathered at the Willard Hotel in So I want to take this opportunity, and will bring free elections to that Washington, DC, to form Americans for as do many of my colleagues, to sin- strife-torn country and will provide for Democratic Action. Included were po- cerely recognize and thank ADA and the people of that country, those brave litical activists, academics, house- its members. The influence that ADA people of Afghanistan, who stood wives, labor union leaders, and former has exerted over national policy has against Soviet tyranny and Soviet New Dealers. They were idealists, the led to several defining moments in our armor, will bring them at last to a well-known and the unknown, all dedi- Nation’s history. I welcome its partici- time when they can rebuild their water cated to the basic principle that gov- pation in the debates of the future and ducts, they can rebuild their villages ernment has a positive role to play in wish for ADA a continued commitment and mosques, they can rebuild their the lives of its citizens in promoting and involvement worthy of its great schools and they can begin again to individual liberty and economic jus- founders. have a country devoted to Islam, their tice. Mrs. MALONEY of New York. Mr. Speaker, religion, devoted to their families and Among the founders of ADA were it was Eleanor Roosevelt who said, ``You gain to their honor. The United States owes such well-known figures as Eleanor strength, courage and confidence by every ex- it to the people of Afghanistan to do Roosevelt, John Kenneth Galbraith, perience in which you really stop to look fear what we can to help bring peace to that Walter Reuther, David Dubinsky, Ar- in the face * * * You must do the thing you country. thur Schlesinger, Jr., Reinhold Tonight, as I say, I have spoken to think you cannot do.'' The Americans for Niebuhr, Joseph L. Rauh, Jr., and Hu- these leaders who have trekked half- Democratic Action has for 50 years been an way around the world trying to seek bert Humphrey. And because I had the organization that has looked the sometimes help from the United States in bringing opportunity to work for Senator Hum- cold and heartless agenda of some in this peace to their country. I personally be- phrey back in the 1970’s, I was able to Congress and fought it head on with its more lieve that the King of Afghanistan rep- learn from him firsthand about the im- just and compassionate ideals. The Demo- resents an option that could unify all portance of the role of ADA. I truly cratic agenda has long been rooted in the of the people of Afghanistan because value my membership and my current principles that the ADA espouses and we are they know that he will soon die, he is position as a member of the board. pleased that this organization reminds us of over 80 years old, and will pass away The contributions of ADA have been our responsibility to be tough in the face of in- and thus is not a threat in the long run many. In 1948, ADA’s efforts led to the justice. to any one faction. The King of Af- adoption of a strong civil rights plank I rise tonight as a proud member of the ghanistan would like to bring democ- in the Democratic Party platform Board of the Americans for Democratic Action. racy to his country. What we have which has defined our party’s commit- I am particularly privileged to stand here as a learned, if we have learned anything in ment to civil rights for over a genera- New Yorker as the ADA has an extraordinary these last 50 years, is that free elec- tion. In subsequent decades, ADA has history in the Big Apple. Founded in 1947, by tions bring peace. It is democracy that taken early principled stands on civil David Dubinsky and the ever remarkable Elea- will bring peace to the world. When rights and civil liberties, nuclear arms nor Roosevelt, and ADA began as part of a Ronald Reagan confronted the Soviet control, apartheid in South Africa, labor movement and since then has devel- empire, he stressed our belief in free- workers rights, women’s issues, and oped a progressive agenda that spans from dom and the support for those who the Federal budget and tax policy. equal rights to jobs to economic justice to edu- struggle for freedom around the world, ADA was the first national organiza- cation. The ADA has been a strong voice for and that is what changed the world and tion to call for an end to the Vietnam those whose voices are drowned by words of has made this a more peaceful world. war and the impeachment of Richard intolerance and fear. Let us hope that in the years ahead, Nixon. The Humphrey-Hawkins full We are truly fortunate that the ADA has not there will be a more peaceful Afghani- employment bill saw its genesis at an only been completely dedicated to justice with- stan and the people there can live in ADA convention. in U.S. borders, but has also been instrumen- dignity and honor and prosperity that The values and ideals of ADA mem- tal in advancing human rights throughout the they have earned with their blood and bers are just as relevant today. For ex- world. From Vietnam to Sarejevo, in its sup- their honor. ample, the increase in the minimum port of the United Nations, in its struggle to f wage, preservation of Medicare and the promote simple human dignity in the smallest passage of health care portability can villages to the most thriving cities, the ADA AMERICANS FOR DEMOCRATIC AC- all be traced directly to the influence has reminded us that it is essential that the TION: 50 YEARS OF DEDICATED of the members of ADA and similarly United States lead with more than just its own SERVICE TO PROGRESSIVE thoughtful people. Today ADA contin- interests in mind. IDEALS ues to be dedicated to building a better The ADA is a proud and vigilant conscience The SPEAKER pro tempore. Under world with rising standards of living of progressive causes during a time when the Speaker’s announced policy of Jan- for all. Its members, in Congress and being called a liberal is sometimes the uary 7, 1997, the gentleman from Cali- out, work for the values of promoting harshest political epithet that can be hurled. fornia [Mr. FILNER] is recognized for 60 basic human rights at home and There is no way to adequately thank the ADA minutes. abroad, ending all forms of discrimina- for its 50-year fight for peace and justice. I can GENERAL LEAVE tion, ensuring full employment and only say thank you for allowing me to be part Mr. FILNER. Mr. Speaker, I ask balanced growth and more equitably of your dynamic organization and I look for- unanimous consent that all Members distributing our resources. ward to being a part of the next 50. H520 CONGRESSIONAL RECORD — HOUSE February 12, 1997 Mr. NADLER. Mr. Speaker, for 50 years, sary of an organization which has played an Americans, and the need for American leader- Americans for Democratic Action has been a integral role in shaping the social and political ship within an international community. proud defender of liberal values in America, so landscape of our Nation. The ADA will continue its commitment and it is with great pleasure that I rise to praise Americans for Democratic Action is an inde- urges a progressive advance in the 105th this fine organization. pendent liberal political organization founded Congress. It hopes to set forth a vision in the As a former board member of ADA and a in 1947 and committed to economic and social 21st century to strengthen human rights and great admirer of its president, Jack justice. The organization's founders include El- human welfare and to assure peace and secu- Sheinkman, I know well the long history and eanor Roosevelt, labor leader Walter Reuther, rity at home and abroad for America. Through- tremendous accomplishments of ADA. economist John Kenneth Galbraith, historian out the tenure of the 105th Congress, the ADA Founded with the help of Eleanor Roosevelt, Arthur Schlesinger, Jr., theologian Reinhold will remind the general public, the Clinton ad- ADA, has for decades, actively championed Niebuhr, and former Vice-President Hubert ministration, and the Congress that there is an liberal policies that work. ADA has been a Humphrey. indispensable rule for government in advanc- powerful force for good in WashingtonÐfight- Americans for Democratic Action currently ing the cause of freedom, dignity, and human ing to increase the minimum wage, protect boats a membership of 30,000, the ranks of welfare. The ADA will call for job creation workers, and support valuable programs like which includes members of the business com- leading to economic expansion so that the Medicare and Medicaid. ADA has led the dif- munity, professionals, and our Nation's labor United States can achieve its full economic ficult fight on behalf of this needy; fighting to and political leaders. ADA seeks to formulate growth potential providing for a better life for ensure that the Federal budget does not ne- liberal domestic and foreign policies based on the American people. glect those who are often overlooked or bla- the changing needs of the country. Key priorities for the ADA in 1997 include: tantly ignored. Mr. Speaker, I am proud to note that Expansion of international human rights; oppo- From the beginning, ADA has been among throughout its history, Americans for Demo- sition of any balanced budget amendments to the Nation's leaders in the fight for civil rights cratic Action has taken solid stands on the is- the Constitution; protection of Medicare, Med- and racial justice. ADA members successfully sues confronting our Nation. We recall that in icaid, and Social Security from privatization worked to integrate strong civil rights protec- 1948, ADA's efforts resulted in the adoption of and cuts; jobs for all at decent pay; restoration tions into the 1948 Democratic platform. Work- a strong civil rights plank in the Democratic of cuts in the food stamps program; protection ing in the South in the 1950's and 1960's, Party platform. This action has helped to de- of civil rights, civil liberties, and reproductive ADA challenged the President and others to fine our party's commitment to civil rights for choice; protection of workers rights and pen- more closely live up to the ideals of this great over a generation. Americans for Democratic sions; protection of the environment; and cam- Nation, to respect the rights of all people, and Action was equally vocal with regard to the paign finance reform leading to public financ- to tear down the segregationist laws that con- Vietnam war, the impeachment of President ing of all Federal elections. tinued to oppress millions of Americans. Richard Nixon, and the issue of apartheid in These are the mission and goals of the ADA has also led the way in promoting a South Africa. In subsequent decades, ADA Americans for Democratic Action. On the oc- humanitarian foreign policy. From opposing has led by advocating workers' rights, civil and casion of their 50th anniversary, I am proud to the Vietnam war to pursuing an end to apart- equal rights, increases in the minimum wage, publicly recognize this political organization heid in South Africa, ADA has been willing to and Federal spending priorities. and its tireless advocacy of political freedom tackle difficult issues and mobilize public opin- Today, as I reflect upon the history of ADA, and constitutional guarantees on behalf of all ion in extraordinary ways. ADA has fought I recall my close friendship with Joseph L. of us. long and hard for nuclear arms control and Rauh, Jr., a great civil liberties attorney who Ms. WOOLSEY. Mr. Speaker, it is my continues to advocate for lower levels of mili- was affiliated with the organization. I also re- privilege to join with my colleagues in tary spending and more restrictions on inter- call that when my brother, the late Carl B. celebrating the 50t anniversary of national arms sales. Stokes, sought to become the first black Americans for Democratic Action ADA has often advocated ideas that were mayor of Cleveland, OH, Americans for Demo- [ADA] once seen as radical. From promoting civil cratic Action was one of the first organizations Americans for Democratic Action rights, to opposing the Vietnam war, to ending to host a fundraiser in his behalf. This was was established 50 years ago by some of segregation, ADA has often been the first to done despite the fact that during this time, it the most important progressive leaders voice opinions that many, at the time, consid- was not popular for major organizations to of this century including Hubert Hum- ered radical, but with hard work and active citi- support African-American candidates. With phrey, John Kenneth Galbraith, and zen education, move to become the prevailing ADA's support, Carl went on to become the one of my great role models, Eleanor wisdom. ADA's voice in Washington often first black mayor of a major American city. Roosevelt. These great Americans shines like a beacon of light that cuts through Like many of my colleagues gathered today, I came together because they believed it of fog of misinformation that fills the air on also take special pride in my annual ADA leg- was time for a political action and lob- Capitol Hill. islative voting tally. bying group that looked out for the in- Through bold leadership and the strength Mr. Speaker, as Americans for Democratic terests of the forgotten, the that comes from speaking the truth, ADA has Action marks 50 years of progress, I applaud disenfranchised, and the most vulner- achieved enormous victories and improved the the organization for its strong commitment and able in our society. Fifty years later, I lives of people everywhere. To promote active leadership. I am proud of my close association am proud to say that Americans for citizen involvement in the fight for equality, with ADA and I join many others in saluting its Democratic Action has lived up to justice, and peaceÐthis is the mission that progress. those noble intentions. ADA has chosen, and I, for one, believe that Mr. DELLUMS. Mr. Speaker, today I rise in Americans for Democratic Action they have succeeded tremendously in their ef- recognition of the 50th anniversary of the was a leader in the civil rights move- forts. Americans for Democratic Action [ADA]. ment and helped define the Democratic Now, more than ever, we see the need for Over the past 50 years, the ADA has been Party’s commitment to civil rights and grassroots activists empowered by ADA to a champion of a liberal agenda in local and social justice. In fact, ADA has been at continue to let their Representatives know national politics for American citizens. As the the forefront of every progressive cause what's important to them: protecting working base of its strong foundation, the ADA seeks for the past half century, including families; helping the needy; and fighting injus- economic freedom, greater individual participa- stopping the Vietnam war, increasing tice. I welcome their support in the upcoming tion in government, and constitutional, political, public awareness of Watergate, fighting battles of the 105th Congress, and I know that and administrative reforms in order to promote for nuclear arms control, workers’ and the American people appreciate their efforts to a stronger nation and democracy. I embrace women’s rights, and ending apartheid. help create a more perfect Union. their values which support first and foremost As a current vice president of Ameri- Mr. STOKES. Mr. Speaker, I want to thank liberty, equality, and opportunity for individ- cans With Democratic Action, I am my colleague, the distinguished gentleman uals. The ADA believes the Constitution cre- awed by ADA’s past accomplishments. from California, Congressman BOB FILNER, for ated a national government to serve the com- Working with my colleagues in Con- reserving this special order. We gather today mon good, and that the Bill of Rights should gress and Americans for Democratic to recognize the 50th anniversary of Ameri- protect the freedoms of ordinary citizens. The Action, we must follow in the footsteps cans for Democratic Action [ADA]. As a fellow organization is proud of President Franklin D. of Roosevelt and Humphrey and con- ADA vice president, I take special pride in Roosevelt's legacy, the New Deal, which es- tinue to move this Nation forward joining my colleagues as we mark the anniver- poused dedication to economic security for all without leaving anyone behind. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H521 Mr. ENGEL. Mr. Speaker, I rise today to [Mr. NEUMANN addressed the House. Mr. RAHALL. commemorate an important event in American His remarks will appear hereafter in Mr. SERRANO. political history, which may have been over- the Extensions of Remarks.] (The following Members (at the re- looked by many of my colleagues. On January LEAVE OF ABSENCE quest of Mr. BOB SCHAFFER of Colorado) 3, 1997, Americans for Democratic Action By unanimous consent, leave of ab- and to include extraneous matter:) celebrated its 50th anniversary. sence was granted to: Mr. BLUNT. ADA has a history of which all its members Mr. YOUNG of Alaska (at the request Mr. ROGERS. can be proud. In 1947, a group of activists of Mr. ARMEY), for today and the bal- Mr. GINGRICH. gathered at the Willard Hotel and pledged ance of the week, on account of a death Mr. MCINNIS. themselves to a liberalism which moves with in the family.) Mr. CRANE. the times. As an ADA vice president, I can say Mr. SCARBOROUGH (at the request of Mr. PAUL. with certainty that ADA has lived up to its vi- Mr. ARMEY), for today and the balance Mr. DUNCAN. sion. of the week, on account of illness in Mr. WELLER. Since that day in 1947, ADA has been at Mr. PITTS. the forefront of political discourse. In fact, ADA the family. Mr. CARSON (at the request of Mr. Mr. KNOLLENBERG in two instances. was the first national organization to call for Mr. CANADAY of Florida in two in- the impeachment of Richard Nixon during the GEPHARDT), for today and the balance of the week, on account of illness. stances. Watergate scandal. ADA has also been a Mr. GILMAN in two instances. leader in opposition to issues such as the Mr. OBEY (at the request of Mr. GEP- Mr. SHUSTER. Vietnam war and apartheid in South Africa. HARDT) for today and the balance of the Mrs. CUBIN. ADA provides insightful analysis on a myr- week, on account of recovering from Mr. INGLIS OF SOUTH CAROLINA. iad of current issues including workers' rights, surgery. Mr. LUCAS OF OKLAHOMA. student opportunities, women's issues, health f Mr. YOUNG OF ALASKA. care, civil rights, the Federal budget, and de- Mr. STUMP. fense spending. ADA's political advice and SPECIAL ORDERS GRANTED Mr. SPENCE. members in the field are an invaluable source By unanimous consent, permission to Mr. GOODLATTE. of information for me and many other Mem- address the House, following the legis- bers of Congress. lative program and any special orders Mr. BUNNING. I am especially pleased that ADA's two top heretofore entered, was granted to: Mr. ROGAN. officers, Henry Berger, who chairs the national (The following Members (at the re- Ms. ROS-LEHTINEN. (The following Member (at the re- executive committee, and Jack Sheinkman, quest of Mr. KILDEE) to revise and ex- our president, are both fellow New Yorkers. tend their remarks and include extra- quest of Mr. FILNER) and to revise and ADA's New York City chapter is one of the neous material:) extend her remarks:) Ms. WOOLSEY. largest and most active in the Nation. Mr. GREEN, for 5 minutes, today. ADA is not only one of the longest lived po- Ms. DELAURO, for 5 minutes, today. f litical organizations in this country, it also has (The following Members (at the re- ADJOURNMENT a rich history on which it continues to build a quest of Mr. BOB SCHAEFER of Colorado) Mr. FILNER. MR. SPEAKER, I MOVE vision for the future. I am proud to be an ADA to revise and extend their remarks and THAT THE HOUSE DO NOW ADJOURN. member and look forward to working with this include extraneous material:) The motion was agreed to; accord- remarkable organization for the next 50 years. Mr. SMITH of Michigan, for 5 minutes ingly (at 7 o’clock and 42 minutes Mr. COYNE. Mr. Speaker, I rise today to each day, today and February 13. p.m.), the House adjourned until to- join in the special order organized by Con- Mr. FOLEY, for 5 minutes, today. morrow, Thursday, February 13, 1997, gressman FILNER to pay tribute to the Ameri- (The following Member (at his own at 10 a.m. cans for Democratic Action on this organiza- request) to revise and extend his re- tion's 50th anniversary. marks and include extraneous mate- f The ADA was formed at a time when this rial:) PUBLIC BILLS AND RESOLUTIONS country had just emerged from a devastating Mr. ROHRABACHER for 5 minutes, depression and an all-engaging world war, Under clause 5 of rule X and clause 4 today. and when we faced a number of wracking so- of rule XXII, public bills and resolu- cial changes at home and a series of demand- f tions were introduced and severally re- ing international challenges abroad. Notable EXTENSION OF REMARKS ferred as follows: figures like Eleanor Roosevelt, Reinhold By Mrs. JOHNSON of Connecticut (for Niebuhr, Arthur Schlesinger, Jr., John Kenneth By unanimous consent, permission to herself, Mr. SOLOMON, Ms. PRYCE of Galbraith, Walter Reuther, Paul Douglas, and revise and extend remarks was granted Ohio, Mr. SHAW, Mr. HERGER, Mr. Hubert Humphrey created the ADA to provide to: MCCRERY, Ms. DUNN of Washington, a forum for progressives to debate pressing (The following Members (at the re- Mr. SAM JOHNSON, Mr. PORTMAN, Mr. public policy issues and to articulate a pro- quest of Mr. KILDEE) and to include ex- ENSIGN, Mr. ENGLISH of Pennsylva- traneous matter:) nia, Mr. WELLER, Mr. HAYWORTH, and gressive agenda for national action. Mr. FOLEY): Mr. TRAFICANT. Fifty years later, we can say with some per- H.R. 693. A bill to amend the Internal Rev- spective that the ADA has done just that. The Mr. ROEMER. enue Code of 1986 to repeal the increase in ADA has taken bold, principled stands on is- Mr. RANGEL. the tax on Social Security benefits; to the sues as diverse as civil rights and international Mr. DELLUMS. Committee on Ways and Means. affairsÐand the organization has been the ob- Mr. SKELTON. By Mr. LATOURETTE: ject of unfair attack and invective by some of Mr. KILDEE. H.R. 694. A bill to provide for a change with its political enemiesÐbut throughout it all the Mr. LANTOS. respect to the requirements for a Canadian ADA has remained true to the ideals of a com- Mr. BERMAN. border boat landing permit pursuant to sec- tion 235 of the Immigration and Nationality Mr. HAMILTON. passionate society, an activist Democratic Act; to the Committee on the Judiciary. government, and the greatest possible per- Mrs. MINK of Hawaii. By Mr. GOODLATTE (for himself, Ms. sonal freedom and opportunity for all of the Mr. STOKES. LOFGREN, Mr. DELAY, Mr. BOEHNER, members of our society. Mr. SCHUMER. Mr. COBLE, Mr. SENSENBRENNER, Mr. I want to congratulate the ADA for 50 years Mr. WEYGAND. BONO, Mr. PEASE, Mr. CANNON, Mr. of contributions to a more informed public de- Mr. YATES. CONYERS, Mr. BOUCHER, Mr. GEKAS, bate, and I look forward to the contributions Mr. ROTHMAN. Mr. SMITH of Texas, Mr. INGLIS of that the ADA will make in the next 50 years. Mr. STARK. South Carolina, Mr. BRYANT, Mr. CHABOT, Mr. BARR of Georgia, Ms. f Mrs. MEEK of Florida. JACKSON-LEE, Ms. WATERS, Mr. ACK- ORRES The SPEAKER pro tempore. Under a Mr. T . ERMAN, Mr. BAKER, Mr. BARTLETT of previous order of the House, the gen- Mr. COYNE. Maryland, Mr. CAMPBELL, Mr. tleman from Wisconsin [Mr. NEUMANN] Ms. HARMAN. CHAMBLISS, Mr. CUNNINGHAM, Mr. is recognized for 5 minutes. Mr. BECERRA. DAVIS of Virginia, Mr. DICKEY, Mr. H522 CONGRESSIONAL RECORD — HOUSE February 12, 1997

DOOLITTLE, Mr. EHLERS, Mr. ENGEL, By Mr. BUNNING of Kentucky (for ices, and Ways and Means, for a period to be Ms. ESHOO, Mr. EVERETT, Mr. EWING, himself and Mr. CONYERS): subsequently determined by the Speaker, in Mr. FARR of California, Mr. GEJDEN- H.R. 704. A bill to require the general ap- each case for consideration of such provi- SON, Mr. GILLMOR, Mr. GOODE, Ms. plication of the antitrust laws to major sions as fall within the jurisdiction of the NORTON, Mr. HORN, Ms. EDDIE BER- league baseball, and for other purposes; to committees concerned. NICE JOHNSON of Texas, Mr. SAM the Committee on the Judiciary. By Mr. DOYLE: JOHNSON, Mr. KOLBE, Mr. MCINTOSH, By Mr. BUNNING of Kentucky: H.R. 714. A bill to designate the Depart- Mr. MCKEON, Mr. MANZULLO, Mr. H.R. 705. A bill to amend the Internal Rev- ment of Veterans Affairs nursing care center MATSUI, Mr. MICA, Mr. MINGE, Mr. enue Code of 1986 to modify the application at the Department of Veterans Affairs medi- MOAKLEY, Mr. NETHERCUTT, Mr. of the passive loss limitations to equine ac- cal center in Aspinwall, PA, as the ‘‘H. John PACKARD, Mr. SESSIONS, Mr. UPTON, tivities; to the Committee on Ways and Heinz III Department of Veterans Affairs Mr. WHITE, and Ms. WOOLSEY): Means. Nursing Care Center’’; to the Committee on H.R. 695. A bill to amend title 18, United By Mr. CAMPBELL (for himself and Veterans’ Affairs. States Code, to affirm the rights of U.S. per- Mr. LEWIS of Georgia): By Mr. DUNCAN (for himself, Mr. sons to use and sell encryption and to relax H.R. 706. A bill to provide off-budget treat- SCHUMER, Mr. SHAYS, Mr. MEEHAN, export controls on encryption; to the Com- ment for one-half of the receipts and dis- Mr. QUINN, Mr. GREENWOOD, Mr. mittee on the Judiciary, and in addition to bursements of the land and water conserva- HILLEARY, Mr. FOLEY, Mr. FATTAH, the Committee on International Relations, tion fund; to the Committee on the Budget, Mr. KLUG, Mr. MARKEY, Mr. FOX of for a period to be subsequently determined and in addition to the Committee on Re- Pennsylvania, Mr. MCHALE, Mr. LI- by the Speaker, in each case for consider- sources, for a period to be subsequently de- PINSKI, Mr. HASTINGS of Florida, Mr. ation of such provisions as fall within the ju- termined by the Speaker, in each case for MATSUI, Mr. PAYNE, and Mr. AN- risdiction of the committee concerned. consideration of such provisions as fall with- DREWS): By Mr. ACKERMAN: in the jurisdiction of the committee con- H.R. 715. A bill to amend the Higher Edu- H.R. 696. A bill to amend the Animal Wel- cerned. cation Act of 1965 to revise the campus secu- fare Act to require humane living conditions By Mr. CRANE (for himself, Ms. DUNN rity reporting provisions to provide for a for calves raised for the production of veal; of Washington, and Mr. MCDERMOTT): more complete, timely, and accurate disclo- to the Committee on Agriculture. H.R. 707. A bill to amend the Internal Rev- sure of crime reports and statistics, and to By Mr. BILIRAKIS (for himself, Mrs. enue Code of 1986 to provide tax treatment provide for specific methods of enforcement THURMAN, and Mrs. FOWLER): for foreign investment through a U.S. regu- of the campus security provisions of such H.R. 697. A bill to waive temporarily the lated investment company comparable to Act; to the Committee on Education and the Medicaid enrollment composition rule for the tax treatment for direct foreign invest- Workforce. certain health maintenance organization; to ment and investment through a foreign mu- By Mr. DUNCAN (for himself, Mr. the Committee on Commerce. tual fund; to the Committee on Ways and SHAYS, Mr. HAYWORTH, Mr. By Mr. BLUNT: Means. ROHRABACHER, Mr. PORTER, Mr. H.R. 698. A bill to designate the U.S. Post By Mrs. CUBIN: STEARNS, Mr. CANADY of Florida, and Office Building located at Bennett and Kan- H.R. 708. A bill to require the Secretary of Mr. HERGER): sas Avenue in Springfield, MO, as the ‘‘John the Interior to conduct a study concerning H.R. 716. A bill to require that the Federal Griesemer Post Office Building’’; to the grazing use of certain land within and adja- Government procure from the private sector Committee on Government Reform and cent to Grand Teton National Park, WY, and the goods and services necessary for the op- Oversight. to extend temporarily certain grazing privi- erations and management of certain Govern- By Mr. BONILLA (for himself and Mr. leges; to the Committee on Resources. ment agencies, and for other purposes; to the SAM JOHNSON): By Mrs. CUBIN (for herself and Mr. Committee on Government Reform and H.R. 699. A bill to guarantee the right of all GIBBONS): Oversight, and in addition to the Committee active duty military personnel, merchant H.R. 709. A bill to reauthorize and amend on the Budget, for a period to be subse- mariners, and their dependents to vote in the National Geologic Mapping Act of 1992, quently determined by the Speaker, in each Federal, State, and local elections; to the and for other purposes; to the Committee on case for consideration of such provisions as Committee on House Oversight, and in addi- Resources. fall within the jurisdiction of the committee tion to the Committees on Veterans’ Affairs, By Ms. DELAURO (for herself and Mrs. concerned. and the Judiciary, for a period to be subse- MEEK of Florida): By Mr. FLAKE: quently determined by the Speaker, in each H.R. 710. A bill to amend the National H.R. 717. A bill to amend the Higher Edu- case for consideration of such provisions as Highway System Designation Act of 1995 to cation Act of 1965 to continue the exemption fall within the jurisdiction of the committee direct the Secretary of Transportation to of certain institutions of higher education concerned. conduct a study of the feasibility of expand- serving minorities from default-based ineli- By Mr. BONO (for himself and Mr. KIL- ing the types of projects eligible for assist- gibility for student loan programs; to the DEE): ance from State infrastructure banks; to the Committee on Education and the Workforce. H.R. 700. A bill to remove the restriction Committee on Transportation and Infra- By Mr. FOLEY (for himself, Mr. on the distribution of certain revenues from structure. FRANKS of New Jersey, Mr. the Mineral Springs parcel to certain mem- By Ms. DELAURO: HOEKSTRA, Mr. KLUG, Mr. MEEHAN, bers of the Agua Caliente Band of Cahuilla H.R. 711. A bill to amend the Internal Rev- Mr. ROHRABACHER, Mr. SCARBOROUGH, Indians; to the Committee on Resources. enue Code of 1986 concerning the tax treat- and Mr. SOLOMON): By Mr. BORSKI: ment of distributions from qualified retire- H.R. 718. A bill to privatize certain Federal H.R. 701. A bill to amend the Internal Rev- ment plans investing in public benefit bonds; power generation and transmission assets, enue Code of 1986 to allow the deduction for to the Committee on Ways and Means. and for other purposes; to the Committee on personal exemptions in determining alter- By Ms. DELAURO (for herself, Mr. GEP- Resources, and in addition to the Committee native minimum taxable income; to the HARDT, Mr. BONIOR, Mr. FAZIO of Cali- on Commerce, for a period to be subse- Committee on Ways and Means. fornia, Ms. PELOSI, and Mr. BORSKI): quently determined by the Speaker, in each By Mr. BRYANT (for himself, Mr. BARR H.R. 712. A bill to facilitate efficient in- case for consideration of such provisions as of Georgia, Mr. BONO, Mr. CANADY of vestments and financing of infrastructure fall within the jurisdiction of the committee Florida, Mr. GOODLATTE, Mr. projects and new job creation through the es- concerned. HOSTETTLER, Mr. MCCOLLUM, Mr. tablishment of a National Infrastructure De- By Mr. FRANK of Massachusetts: SCHUMER, Mr. SENSENBRENNER, Mr. velopment Corporation, and for other pur- H.R. 719. A bill to amend the Elementary SMITH of Texas, and Mr. DUNCAN): poses; to the Committee on Transportation and Secondary Education Act of 1965 to H.R. 702. A bill to amend section 372 of title and Infrastructure, and in addition to the allow children who meet certain criteria to 28, United States Code, to provide that pro- Committees on Banking and Financial Serv- attend a school that receives funds under ceedings on complaints filed with respect to ices, and Ways and Means, for a period to be part A of title I of such act; to the Commit- conduct of a judge or magistrate judge of a subsequently determined by the Speaker, in tee on Education and the Workforce. court be held by a circuit other than the cir- each case for consideration of such provi- H.R. 720. A bill to terminate the inter- cuit within which the judge serves, and for sions as fall within the jurisdiction of the national military education and training other purposes; to the Committee on the Ju- committee concerned. [IMET] program for Indonesia; to the Com- diciary. By Ms. DELAURO: mittee on International Relations. By Mr. BUNNING of Kentucky: H.R. 713. A bill to facilitate efficient in- H.R. 721. A bill to amend the Internal Rev- H.R. 703. A bill to refocus the mission of vestments and financing of infrastructure enue Code of 1986 to correct the treatment of the Federal Reserve System on stabilization projects and new job creation through the es- tax-exempt financing of professional sports of the currency and provide greater public tablishment of a National Infrastructure De- facilities; to the Committee on Ways and scrutiny of the operations of the Board of velopment Corporation, and for other pur- Means. Governors of the Federal Reserve System, poses; to the Committee on Transportation By Mr. HASTINGS of Washington (for and for other purposes; to the Committee on and Infrastructure, and in addition to the himself, Mr. TALENT, Mr. Banking and Financial Services. Committees on Banking and Financial Serv- NETHERCUTT, Mr. MANZULLO, Mrs. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H523

KELLY, Mr. COMBEST, Mr. er, in each case for consideration of such pro- By Mr. WELLER (for himself, Mr. CUNNINGHAM, Mr. HOEKSTRA, Mrs. visions as fall within the jurisdiction of the DAVIS of Illinois, and Mr. SHIMKUS): LINDA SMITH of Washington, Mr. committee concerned. H.R. 740. A bill to designate the national GOODLING, Mr. CHABOT, Mr. MCHUGH, By Mr. POSHARD: cemetery established at the former site of Mr. BARTLETT of Maryland, Mr. H.R. 730. A bill to prohibit Members of the the Joliet Arsenal, IL, as the ‘‘Abraham Lin- MCINTOSH, Mr. BARR of Georgia, Mr. House of Representatives from using official coln National Cemetery’’; to the Committee SCARBOROUGH, Mr. GILLMOR, Mr. funds for the production or mailing of news- on Veterans’ Affairs. CONDIT, Mr. SNOWBARGER, Mrs. EMER- letters, to reduce by 50 percent the amount By Mr. YOUNG of Alaska (for himself, SON, Mr. MORAN of Kansas, Mr. WAT- wihch may be made available for the official Mr. TANNER, and Mr. STEARNS): KINS, Mr. COOKSEY, and Ms. HARMAN): mail allowance of any such Member, and for H.R. 741. A bill to clarify hunting prohibi- H.R. 722. A bill to amend the Internal Rev- other purposes; to the Committee on House tions and provide for wildlife habitat under enue Code of 1986 to exempt certain small Oversight. the Migratory Bird Treaty Act; to the Com- businesses from the required use of the elec- By Mr. POSHARD (for himself and Mr. mittee on Resources. tronic fund transfer system for depository GOODE): By Mr. DREIER: taxes, and for other purposes; to the Com- H.R. 731. A bill to amend the Internal Rev- H.J. Res. 51. Joint resolution proposing an mittee on Ways and Means. enue Code of 1986 to permit the interest on amendment to the Constitution of the Unit- By Mr. HOSTETTLER: water, waste, and essential community fa- ed States to repeal the 22d amendment relat- H.R. 723. A bill to require the U.S. Trade cilities loans guaranteed by the Secretary of ing to Presidential term limitations; to the Representative to determine whether the Eu- Agriculture to be tax exempt; to the Com- Committee on the Judiciary. ropean Union has failed to implement satis- mittee on Ways and Means. By Mr. BARTON of Texas (for himself, factorily its obligations under certain trade By Mr. RICHARDSON: Mr. HALL of Texas, Mr. SHADEGG, Mr. agreements relating to U.S. meat and pork H.R. 732. A bill to authorize an appropria- TAYLOR of Mississippi, Mr. SAXTON, exporting facilities, and for other purposes; tion for the construction of a public museum Mr. CONDIT, Mr. CRANE, Mr. AN- to the Committee on Ways and Means. located in, and relating to the history of, the DREWS, Mr. HUNTER, Mr. GOODE, Mr. By Mr. KENNEDY of Rhode Island (for State of New Mexico; to the Committee on ADERHOLT, Mr. ARMEY, Mr. BACHUS, himself and Mr. FOX of Pennsylva- Resources. Mr. BALLENGER, Mr. BARR of Georgia, nia): By Ms. RIVERS: Mr. BARRETT of Nebraska, Mr. BART- H.R. 724. A bill to amend the Internal Rev- H.R. 733. A bill to direct the Administrator LETT of Maryland, Mr. BASS, Mr. enue Code of 1986 to allow a deduction for the of the Environmental Protection Agency to BILBRAY, Mr. BLILEY, Mr. BLUNT, Mr. payment of interest on student loans; to the provide for a review of a decision concerning BOEHNER, Mr. BONILLA, Mr. BONO, Mr. Committee on Ways and Means. a construction grant for the Ypsilanti BRADY, Mr. BRYANT, Mr. BUNNING, By Mr. LEWIS of Kentucky (for him- Wastewater Treatment Plant is Washtenaw Mr. BURR of North Carolina, Mr. BUR- self, Mr. CRAPO, Mr. BUNNING of Ken- County, MI; to the Committee on Transpor- TON of Indiana, Mr. CALLAHAN, Mr. tucky, Mr. NETHERCUTT, Mr. tation and Infrastructure. CAMP, Mr. CANNON, Mr. CHABOT, Mr. CHAMBLISS, Mr. CANADY of Florida, By Mr. STARK: CHAMBLISS, Mrs. CHENOWETH, Mr. Mr. HOSTETTLER, Mr. LAHOOD, Mr. H.R. 734. A bill to amend titles XVIII and CHRISTENSEN, Mr. COBLE, Mr. COBURN, LATHAM, Mr. HEFNER, Mr. LEACH, Mr. XIX of the Social Security Act to require Mr. COLLINS, Mr. COMBEST, Mr. COOK, HOLDEN, Mrs. CHENOWETH, Mr. EWING, hospitals participating in the Medicare or Mr. COOKSEY, Mr. COX of California, Mr. BARRETT of Nebraska, Mr. NEY, Medicaid Program to provide notice of avail- Mr. CRAPO, Mrs. CUBIN, Mr. Mr. EVANS, Mr. POSHARD, and Mr. ability of Medicare and Medicaid providers CUNNINGHAM, Mr. DEAL of Georgia, PASTOR): as part of discharge planning and to main- Mr. DELAY, Mr. DOOLITTLE, Mrs. EM- H.R. 725. A bill to amend the Competitive, tain and disclose information on certain re- ERSON, Mr. ENGLISH of Pennsylvania, Special, and Facilities Research Grant Act ferrals; to the Committee on Commerce, and Mr. ENSIGN, Mr. EWING, Mr. FOLEY, to provide increased emphasis on competi- in addition to the Committee on Ways and Mrs. FOWLER, Mr. FOX of Pennsylva- tive grants to promote agricultural research Means, for a period to be subsequently deter- nia, Mr. GIBBONS, Mr. GINGRICH, Mr. projects regarding precision agriculture and mined by the Speaker, in each case for con- GOODLATTE, Mr. GOODLING, Mr. GOSS, to provide for the dissemination of the re- sideration of such provisions as fall within Mr. GRAHAM, Ms. GRANGER, Mr. sults of such research projects; to the Com- the jurisdiction of the committee concerned. GREENWOOD, Mr. HANSEN, Mr. mittee on Agriculture. By Mr. STARK: By Mrs. MALONEY of New York (for H.R. 735. A bill to amend the Internal Rev- HASTERT, Mr. HAYWORTH, Mr. HEFLEY, Mr. HERGER, Mr. HILLEARY, herself, Mr. BONIOR, Mrs. CARSON, Ms. enue Code of 1986 and title XVIII of the So- Mr. HOEKSTRA, Mr. HORN, Mr. CHRISTIAN-GREEN, Mr. CLYBURN, Mr. cial Security Act to establish a program of HULSHOF, Mr. INGLIS of South Caro- DELLUMS, Mr. EVANS, Mr. FATTAH, assistance for essential community providers lina, Mr. ISTOOK, Mr. SAM JOHNSON, Mr. FOGLIETTA, Mr. FROST, Mr. of health care services, to establish a pro- Mr. JONES, Mr. KASICH, Mrs. KELLY, GUTIERREZ, Ms. JACKSON-LEE, Mr. gram to update and maintain the infrastruc- Mr. KINGSTON, Mr. KOLBE, Mr. KILDEE, Mr. LEWIS of Georgia, Mr. ture requirements of safety net hospitals, LAHOOD, Mr. LARGENT, Mr. LATHAM, NADLER, Ms. NORTON, Mr. OWENS, Mr. and to require States to develop plans for the Mr. LATOURETTE, Mr. LEWIS of Cali- RUSH, Mr. SERRANO, and Mr. TOWNS): allocation and review of expenditures for the H.R. 726. A bill to authorize the Secretary capital-related costs of health care services; fornia, Mr. LEWIS of Kentucky, Mr. of Housing and Urban Development to make to the Committee on Ways and Means, and in LINDER, Mr. LOBIONDO, Mr. LUCAS of grants to nonprofit community organiza- addition to the Committee on Commerce, for Oklahoma, Mr. MANZULLO, Mr. tions for the development of open space on a period to be subsequently determined by MCCOLLUM, Mr. MCCRERY, Mr. municipally owned vacant lots in urban the Speaker, in each case for consideration MCHUGH, Mr. MCINTOSH, Mr. MCKEON, areas; to the Committee on Banking and Fi- of such provisions as fall within the jurisdic- Mr. METCALF, Mr. MICA, Mr. MILLER nancial Services. tion of the committee concerned. of Florida, Ms. MOLINARI, Mr. NEY, By Ms. MOLINARI: By Mr. STUMP (for himself and Mr. Mr. NORWOOD, Mr. OXLEY, Mr. PACK- ARD ETERSON H.R. 727. A bill to amend chapter 51 of title FOX of Pennsylvania); , Mr. P of Pennsylvania, 18, United States Code, to establish Federal H.R. 736. A bill to repeal the Federal estate Mr. PICKERING, Mr. RAMSTAD, Mr. penalties for the killing or attempted killing and gift taxes; to the Committee on Ways RIGGS, Mr. ROGAN, Mr. ROHRABACHER, of a law enforcement officer of the District and Means. Mr. ROYCE, Mr. SALMON, Mr. SAN- of Columbia, and for other purposes; to the By Mr. TIAHRT (for himself, Mr. FORD, Mr. SCARBOROUGH, Mr. BOB Committee on the Judiciary. SNOWBARGER, Mr. MORAN of Kansas, SCHAFFER, Mr. SESSIONS, Mr. By Mr. OBERSTAR: and Mr. RYUN): SHIMKUS, Mr. SKEEN, Mr. SMITH of H.R. 728. A bill to amend title 5, United H.R. 737. A bill to amend the International New Jersey, Mr. SMITH of Texas, Mrs. States Code, to provide that service per- Air Transportation Competition Act of 1979; LINDA SMITH of Washington, Mr. formed by air traffic second-level supervisors to the Committee on Transportation and In- SMITH of Michigan, Mr. SNOWBARGER, and managers be made creditable for retire- frastructure. Mr. SOLOMON, Mr. SOUDER, Mr. ment purposes; to the Committee on Govern- By Mr. TRAFICANT: STEARNS, Mr. STUMP, Mr. TALENT, ment Reform and Oversight. H.R. 738. A bill to amend the Federal Food, Mr. TAUZIN, Mr. TAYLOR of North By Mr. PITTS: Drug, and Cosmetic Act and the Public Carolina, Mr. THORNBERRY, Mr. H.R. 729. A bill to amend certain provisions Health Service Act with respect to TIAHRT, Mr. WAMP, Mr. WATKINS, Mr. of title 5, United States Code, relating to the myelogram-related arachnoiditis; to the WATTS of Oklahoma, Mr. WELDON of treatment of Members of Congress and con- Committee on Commerce. Florida, Mr. WELDON of Pennsylva- gressional employees for retirement pur- H.R. 739. A bill to amend the Public Health nia, Mr. YOUNG of Alaska, Mr. KLUG, poses; to the Committee on Government Re- Service Act with respect to increasing the and Mr. SPENCE): form and Oversight, and in addition to the number of health professionals who practice H.J. Res. 52. Joint resolution proposing an Committee on House Oversight, for a period in the United States in a field of primary amendment to the Constitution of the Unit- to be subsequently determined by the Speak- health care; to the Committee on Commerce. ed States with respect to tax limitations and H524 CONGRESSIONAL RECORD — HOUSE February 12, 1997

the balanced budget; to the Committee on COBURN, Mr. FOX of Pennsylvania, Mr. H.R. 382: Mr. COBURN, Ms. JACKSON-LEE, the Judiciary. PORTMAN, Ms. PRYCE of Ohio, Mr. GALLEGLY, Ms. STABENOW, and Mr. WEXLER. By Mr. POSHARD: Mr. BURR of North Carolina, Mr. FOLEY, Mr. H.R. 383: Mr. DELLUMS, Mr. MARTINEZ, and H.J. Res. 53. Joint Resolution proposing an GRAHAM, Mrs. KELLY, Mr. RAMSTAD, Mr. Mr. DEFAZIO. amendment to the Constitution of the Unit- HORN, Mr. UPTON, Mr. SHAW, Mr. CAMP, Mr. H.R. 411: Mr. ACKERMAN, Mr. MCDERMOTT, ed States relating to a Federal balanced SMITH of New Jersey, Mr. WALSH, Mr. Mr. BENTSEN, and Mrs. JOHNSON of Connecti- budget; to the Committee on the Judiciary. STEARNS, Mr. HASTERT, Mr. GANSKE, Mr. cut. By Mr. DOYLE: SERRANO, Mr. MCDERMOTT, Mr. HALL of Ohio, H.R. 414: Mr. FOLEY, Mr. PORTER, Mr. CON- H. Con. Res. 20. Concurrent resolution ex- Mr. COYNE, Mr. FROST, Mr. DELLUMS, Mr. YERS, Mrs. THURMAN, Mr. BILBRAY, Ms. pressing the sense of the Congress that the STARK, Mr. MATSUI, Mrs. MEEK of Florida, LOFGREN, Mrs. LOWEY, Ms. PRYCE of Ohio, President should award a Medal of Honor to Mr. OLVER, Mr. BORSKI, Mr. DELAHUNT, Mrs. and Mr. GILCHREST. Wayne T. Alderson in recognition of acts THURMAN, Mr. PRICE of North Carolina, Mr. H.R. 444: Mr. EVANS and Mr. FOGLIETTA. performed at the risk of his life and beyond WISE, Mr. CUMMINGS, Mr. HOLDEN, Ms. H.R. 446: Mr. SENSENBRENNER, Mr. KOLBE, the call of duty while serving in the U.S. FURSE, Mr. NEAL of Massachusetts, and Mr. Mr. MORAN of Kansas, Mr. ACKERMAN, Mr. Army during World War II; to the Committee WEXLER. EWING, Mr. KLECZKA, and Mr. SANDLIN. on National Security. H.R. 18: Mr. MCHALE, Mr. OBERSTAR, Mr. H.R. 450: Mr. HILLEARY, Mrs. KENNELLY of By Mr. HYDE: SANDERS, Mr. STUMP, Mr. COSTELLO, Mr. Connecticut, Mrs. NORTHUP, and Mr. GORDON. H. Res. 51. Resolution providing amounts FROST, Mr. MARTINEZ, Mr. SKELTON, Ms. H.R. 452: Mr. FILNER and Mr. DELLUMS. for the expenses of the Committee on the Ju- LOFGREN, Mr. SCHIFF, Mr. GEJDENSON, Ms. H.R. 453: Mr. PALLONE, Ms. MOLINARI, Mrs. diciary in the 105th Congress; to the Com- RIVERS, Mr. LEWIS of Kentucky, Mr. FILNER, MALONEY of New York, Mr. NEAL of Massa- mittee on House Oversight. Mr. MORAN of Kansas, Mr. MCHUGH, Mr. chusetts, Mr. MANTON, Mr. HINCHEY, Mr. By Mr. CANADY of Florida: EVANS, and Mr. LAFALCE. CUMMINGS, Ms. FURSE, Mrs. LOWEY, Mr. POR- H. Res. 52. Resolution designating majority H.R. 27: Mr. MCINTOSH, Mr. SESSIONS, Mrs. TER, Ms. JACKSON-LEE, and Mr. GALLEGLY. membership on certain standing committees EMERSON, Mr. GRAHAM, Mr. LEWIS of Ken- H.R. 455: Mr. GEJDENSON. of the House; considered and agreed to. tucky, and Mr. GOODE. H.R. 474: Mr. HASTERT, Mr. GEJDENSON, By Mrs. MALONEY of New York (for H.R. 34: Mrs. MYRICK and Mr. PACKARD. Mrs. KELLY, Mr. GONZALEZ, Mr. BRYANT, Mr. herself, Ms. CHRISTIAN-GREEN, Mr. H.R. 58: Mr. SOLOMON, Mr. PAYNE, Mrs. CUNNINGHAM, Mr. GILLMOR, Mr. NEY, Mr. CUMMINGS, Mr. FARR of California, TAUSCHER, Mr. MALONEY of Connecticut, Mr. DEFAZIO, Mr. KIM, and Mr. FATTAH. Mr. FATTAH, Ms. MCKINNEY, Mr. MIL- FLAKE, Mr. WELDON of Florida, Mr. SMITH of H.R. 475: Mr. BORSKI and Mr. STUPAK. LER of California, Ms. NORTON, Mr. New Jersey, Mr. PITTS, Mr. EHLERS, and Mr. H.R. 476: Mr. OWENS, Mr. SHERMAN, Ms. OLVER, Mr. PAYNE, Ms. PELOSI, Mr. GOODLATTE. FURSE, Mr. CONYERS, Mr. FORD, Mr. WEXLER, SANDERS, and Ms. JACKSON-LEE): H.R. 59: Mr. PAUL, Mr. DREIER, Mr. HEFLEY, Mr. PAYNE, and Mr. THOMPSON. H. Res. 53. Resolution amending the Rules Mr. CHRISTENSEN, and Mr. SAM JOHNSON. H.R. 491: Ms. RIVERS, Mrs. MORELLA, Mr. of the House of Representatives to require H.R. 86: Mr. BONILLA and Ms. KAPTUR. PACKARD, Mr. UNDERWOOD, Mr. FOLEY, and that committee reports accompanying re- H.R. 96: Mr. CALLAHAN and Mr. BEREUTER. Mr. FOX of Pennsylvania. ported bills and joint resolutions contain a H.R. 145: Mr. KING of New York and Mr. H.R. 493: Mr. MORAN of Virginia. detailed analysis of the impact of the bill or SERRANO. H.R. 500: Mr. RUSH. joint resolution on children; to the Commit- H.R. 192: Mr. FOLEY, Mr. PORTER, Mr. CON- H.R. 521: Mr. MCHUGH, Mr. WALSH, Ms. tee on Rules. YERS, Mrs. THURMAN, Mr. BILBRAY, Ms. By Mr. TALENT: LOFGREN, Ms. JACKSON-LEE, and Ms. RIVERS. LOFGREN, Mrs. LOWEY, Mr. FLAKE, and Mr. H. Res. 54. Resolution providing amounts GILCHREST. H.R. 528: Mr. HORN and Mr. GONZALEZ. for the expenses of the Committee on Small H.R. 203: Ms. FURSE. H.R. 551: Mrs. MORELLA. Business in the 105th Congress; to the Com- H.R. 213: Mr. FATTAH, Mr. BLAGOJEVICH, H.R. 553: Mr. FORD, Ms. PELOSI, Mrs. CLAY- mittee on House Oversight. Mr. TOWNS, and Mr. FOGLIETTA. TON, Mr. FATTAH, Mr. BOUCHER, Mr. WATT of By Mr. THOMAS: H.R. 248: Mr. PICKERING, Mr. MCGOVERN, North Carolina, and Mr. GONZALEZ. H. Res. 55. Resolution providing amounts Mrs. MYRICK, Mr. LIPINSKI, Mr. GIBBONS, and H.R. 554: Mr. BASS. for the expenses of the Committee on House Ms. RIVERS. H.R. 564: Mr. DELLUMS. Oversight in the 105th Congress; to the Com- H.R. 249: Mr. WATTS of Oklahoma, Mr. H.R. 586: Mr. BOSWELL, Mrs. FOWLER, Mr. mittee on House Oversight. PICKERING, Mrs. MYRICK, and Mr. INGLIS of GILCHREST, Mr. HEFNER, Mr. HILLEARY, Mr. f South Carolina. HOLDEN, Ms. JACKSON-LEE, and Mr. SMITH of H.R. 258: Mr. OLVER. Michigan. PRIVATE BILLS AND H.R. 272: Mr. INGLIS of South Carolina. H.R. 588: Mr. PORTER, Mr. DELLUMS, Mr. RESOLUTIONS H.R. 291: Mr. MANTON. WAXMAN, Mr. LANTOS, Mr. GILCHREST, and Mr. WELDON of Pennsylvania. Under clause 1 of rule XXII, private H.R. 339: Mr. TAYLOR of Mississippi, Mr. H.R. 607: Mr. PACKARD and Mr. LUTHER. bills and resolutions were introduced SESSIONS, Mrs. CUBIN, and Mr. STUMP. H.R. 343: Mr. POSHARD. H.R. 612: Mr. BOSWELL, Mrs. TAUSCHER, Mr. and severally referred as follows: H.R. 345: Mrs. CUBIN, Mr. JONES, Mr. SABO, Mr. BERRY, and Mr. RICHARDSON. By Mr. BRYANT: HEFLEY, Mr. SESSIONS, Mr. MCKEON, Mr. H.R. 621: Mr. ACKERMAN, Mr. CLYBURN, Mr. H.R. 742. A bill for the relief of Florence COOKSEY, Mr. ENSIGN, Mr. HERGER, Mr. EVANS, Mr. FATTAH, Ms. LOFGREN, Ms. Barrett Cox; to the Committee on the Judici- EHLERS, Mr. HUNTER, Mr. BATEMAN, Mr. PELOSI, Mr. SANDERS, and Mr. WAXMAN. ary. BUNNING of Kentucky, Mr. COBLE, Mr. PICK- H.R. 622: Mr. CRANE, Mr. ROYCE, Mr. AR- By Mr. DOYLE: ETT, Mr. INGLIS of South Carolina, Mr. TAL- CHER, Mr. GANSKE, Mr. KNOLLENBERG, Mr. H.R. 743. A bill for the relief of Wayne T. ENT, Mr. HORN, Mr. STEARNS, Mr. WICKER, and Mr. KING of New York. Alderson; to the Committee on National Se- HOSTETTLER, Mr. MCCOLLUM, Mr. LINDER, H.R. 630: Mr. CONDIT. curity. Mr. COLLINS, Mr. ROGERS, Mr. SAM JOHNSON, H.R. 640: Mr. BRYANT, Mrs. EMERSON, Mr. f and Mr. EVERETT. ROHRABACHER, and Mr. WHITFIELD. H.R. 347: Mrs. CUBIN, Mr. HERGER, Mr. H.R. 645: Mr. SENSENBRENNER and Mr. ADDITIONAL SPONSORS MCKEON, Mr. PACKARD, Mr. SOLOMON, and KLUG. Mr. TAYLOR of Mississippi. H.R. 646: Mr. SENSENBRENNER and Mr. Under clause 4 of rule XXII, sponsors H.R. 366: Mr. CLYBURN. KLUG. were added to public bills and resolu- H.R. 371: Mr. BONIOR, Mr. FOGLIETTA, Mr. H.R. 659: Mr. LAHOOD, Mr. GILLMOR, Mr. tions as follows: DELLUMS, Mr. UNDERWOOD, and Mrs. MINK of SOLOMON, Mrs. LINDA SMITH of Washington, H.R. 15: Mr. HOUGHTON, Ms. DUNN of Wash- Hawaii. Mr. SENSENBRENNER, Mr. SHADEGG, Mr. ington, Ms. MOLINARI, Mr. CUNNINGHAM, Mr. H.R. 373: Mr. FOGLIETTA, Mr. FATTAH, and PETRI, and Mr. BRYANT. ENGLISH of Pennsylvania, Mr. NEY, Mr. Mr. ACKERMAN. H.R. 665: Mr. LEACH. February 12, 1997 CONGRESSIONAL RECORD — HOUSE H525

H.R. 674: Mr. BISHOP, Mr. BARR of Georgia, H. Con. Res. 2: Mr. RUSH, Mrs. MALONEY of Mr. MCGOVERN, Mr. BATEMAN, Mr. GILCHRIST, Mrs. THURMAN, Mr. SHAW, and Mr. ROGERS. New York, Mr. HILLIARD, Mr. ADAM SMITH of Mr. PICKETT, Mr. FILNER, Mr. GALLEGLY, and H.R. 688: Mr. BALLENGER, Mr. HEFNER, Mr. Washington, Mr. RANGEL, and Mr. SERRANO. Mr. BALDACCI. ADERHOLT, Mr. PRICE of North Carolina, and H. Con. Res. 4: Mr. MCDERMOTT. H. Res. 30: Mr. TIAHRT and Mr. Mrs. CUBIN. H. Con. Res. 13: Mr. STEARNS, Mr. CONDIT, SCARBOROUGH. H.J. Res. 1: Mr. NETHERCUTT, Mr. Mrs. KELLY, Mr. MCDADE, Mr. TOWNS, Mr. H. Res. 38: Mr. HILLIARD, Mr. BARTLETT of RADANOVICH, and Mr. BOEHLERT. TAYLOR of Mississippi, Mr. DEFAZIO, Mr. Maryland, Mr. FROST, Ms. RIVERS, Mr. H.J. Res. 26: Mr. SENSENBRENNER and Mr. NEY, Mr. FRANK of Massachusetts, Mr. KIL- LAMPSON, Mr. ANDREWS, Mr. MCDERMOTT, WELDON of Florida. DEE, Mr. BROWN of California, Mr. ACKERMAN, Mr. MEEHAN, and Mr. BENTSEN. H.J. Res. 27: Mr. FOLEY. Mr. SMITH of New Jersey, Mr. MATSUI, Mr. H. Res. 48: Mr. WALSH, Mr. GALLEGLY, Mr. H.J. Res. 47: Mr. FROST, Mr. MCGOVERN, HOYER, Mr. SKELTON, Mrs. MEEK of Florida, CONYERS, Mr. MCHUGH, Mr. ENGLISH of Penn- and Mr. LIPINSKI. Ms. PELOSI, Mr. MCDERMOTT, Mr. GONZALEZ, sylvania, and Mr. LATHAM. 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, WEDNESDAY, FEBRUARY 12, 1997 No. 18 Senate The Senate met at 9:30 a.m., and was Mr. HAGEL thereupon assumed the MORNING BUSINESS called to order by the Honorable CHUCK chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- HAGEL, a Senator from the State of Ne- f pore. Under the previous order, there braska. will now be a period for the transaction of morning business not to extend be- PRAYER RESERVATION OF LEADER TIME yond the hour of 11 a.m. The time be- The ACTING PRESIDENT pro tem- The Chaplain, Dr. Lloyd John tween 9:30 and 10 a.m. shall be equally pore. Under the previous order, the Ogilvie, offered the following prayer: divided, with 15 minutes under the con- leadership time is reserved. Righteous God, in whom we discover trol of the Senator from Missouri [Mr. what is right and receive the courage f ASHCROFT] and 15 minutes under the to do it, we seek to be a nation distin- control of the Senator from North Da- guished because of righteousness. RECOGNITION OF THE ACTING kota [Mr. DORGAN]. Today, as we celebrate the birthday of MAJORITY LEADER Mr. CRAIG. Mr. President, I under- Abraham Lincoln, our 16th President, The ACTING PRESIDENT pro tem- stand those Senators will be on the we remember his memorable response floor in a few moments. to someone who expressed the hope pore. The acting majority leader is rec- ognized. I suggest the absence of a quorum. that You, Lord, were on their side. Lin- The ACTING PRESIDENT pro tem- coln said, ‘‘I am not at all concerned SCHEDULE pore. The clerk will call the roll. about that, for I know that the Lord is Mr. CRAIG. Mr. President, on behalf The assistant legislative clerk pro- always on the side of the right. But it of the majority leader, I will state the ceeded to call the roll. is my constant anxiety and prayer that schedule of today’s session. Mr. ASHCROFT. Mr. President, I ask I—and this Nation—should be on the This morning, there will be a period unanimous consent that the order for Lord’s side.’’ of morning business until the hour of the quorum call be rescinded. We echo that prayer today. Help us 11 a.m. At 11 a.m. the Senate will re- The ACTING PRESIDENT pro tem- to think of prayer not to convince You sume consideration of Senate Joint pore. Without objection, it is so or- of our plans, but to gain clarity about Resolution 1, the constitutional dered. Your plans for us. We renew our com- amendment requiring a balanced budg- (The remarks of Mr. ASHCROFT and mitment to seek Your will for the deci- et. Under the order, Senator BYRD will Mr. DORGAN pertaining to the introduc- sions we must make. Bless the Sen- be recognized immediately to make a tion of S. 304 are located in today’s ators today as they discern what is statement regarding the resolution. At RECORD under ‘‘Statements on Intro- right and take their place together on the hour of 1:30 today, under a previous duced Bills and Joint Resolutions.’’) Your side. In the name of our Lord and consent order, the Senate will resume Mr. ASHCROFT. Mr. President, I Savior. Amen. debate on the pending amendment re- suggest the absence of a quorum. f lating to national security, which was The PRESIDING OFFICER (Mr. ROB- offered by Senator DODD. Debate on ERTS). The clerk will call the roll. APPOINTMENT OF THE ACTING that amendment will be equally di- The assistant legislative clerk pro- PRESIDENT PRO TEMPORE vided until 5:30 today, at which time ceeded to call the roll. The PRESIDING OFFICER. The the Senate will proceed to a vote on or Mr. D’AMATO. Mr. President, I ask clerk will read a communication to the in relation to Senator Dodd’s amend- unanimous consent that the order for Senate. ment. the quorum call be rescinded. The assistant legislative clerk read Once again, all Senators can expect a The PRESIDING OFFICER. Without the following letter: rollcall vote at approximately 5:30 objection, it is so ordered. U.S. SENATE, today. Additional votes can be ex- Mr. D’AMATO. Mr. President, I ask PRESIDENT PRO TEMPORE, pected during today’s session on any that I may be permitted to proceed as Washington, DC, February 12, 1997. further amendments that may be or- in morning business. To the Senate: dered to Senate Joint Resolution 1, or, The PRESIDING OFFICER. Without Under the provisions of rule I, section 3, of perhaps, on any available nominations, objection, it is so ordered. the Standing Rules of the Senate, I hereby as well as on one or two Senate resolu- (The remarks of Mr. D’AMATO per- appoint the Honorable CHUCK HAGEL, a Sen- ator from the State of Nebraska, to perform tions, which we are attempting to clear taining to the introduction of S. 305 are the duties of Chair. for consideration. located in today’s RECORD under STROM THURMOND, I thank my colleagues for their at- ‘‘Statements on Introduced Bills and President pro tempore. tention. Joint Resolutions.’’)

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

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VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1252 CONGRESSIONAL RECORD — SENATE February 12, 1997 Mr. FORD. Mr. President, I under- A child born today enters the world protection of our children, without ad- stand we have about 4 minutes left on already $20,000 in debt and faces an ad- dressing the long-term risks that are Leader DASCHLE’s time. I ask unani- ditional $1,300 every year just to pay poised to imprison them is corrupt. mous consent I be allowed to use that the interest on that debt. Mr. President, I have heard my col- time. By the year 2007, the national debt leagues many times on the other side The PRESIDING OFFICER. Without will rise to $8.5 trillion, and children of the aisle this week raise the word objection, it is so ordered. The Senator born then will inherit a share of nearly children as if it were a protective may proceed. $30,000. That is $30,000, whether poor, shield. ‘‘We can’t enact the balanced Mr. FORD. Mr. President, I thank the middle-class, or well off. Every child in budget amendment,’’ they say, ‘‘the Chair. every household in this land is af- education of our children will suffer.’’ (The remarks of Mr. FORD pertaining fected. ‘‘We can’t enact the balanced budget to the introduction of S. 306 are located Now, as historian John Steele Gor- amendment, the nutritional health of in today’s RECORD under ‘‘Statements don writes in his new book, ‘‘Hamil- our children is at stake.’’ ‘‘We can’t on Introduced Bills and Joint Resolu- ton’s Blessing: The Extraordinary Life enact a balanced budget amendment, tions.’’) and Times of Our National Debt,’’ the our children’s medical needs will go The PRESIDING OFFICER. The time size of the debt itself is not the prob- unserved.’’ between 10:30 and 11 a.m. shall be under lem—it is the fact that we have run it They have also used the phrase that the control of the Senator from Wyo- up to such extraordinary levels with- we have attacked children because ming [Mr. THOMAS] or his designee. out justification. they are the path of least resistance. Mr. COVERDELL addressed the Gordon’s research shows that in the Well, we know the work that we under- Chair. first 184 years of our independence, the take every day in this Chamber has a The PRESIDING OFFICER. The Sen- Nation borrowed a total of $300 billion profound effect on every American ator from Georgia is recognized. to fight the wars that made and pre- Mr. COVERDELL. Mr. President, as I child, just as it affects every taxpayer, served our Nation. But he goes on to understand it, the 30 minutes between every working family, and every senior say that, in the last 36 years, we have 10:30 and 11 are under the control of citizen. I am certain there is not a sin- taken on more than 17 times as much gle Senator in this Chamber who would Senator THOMAS from Wyoming. I am new debt—at first, in an attempt to going to ask, in his place, that we yield deny a child a good education, deny a maximize economic output, but in re- up to 10 minutes to the Senator from child a hot meal, or deny a doctor’s cent years, as he explains, no good rea- Minnesota. tender care. The PRESIDING OFFICER. Without son whatsoever has been the cause be- Yet, through our own greed, we have objection, it is so ordered. hind this. denied that very same child a future The Senator from Minnesota is rec- Mr. President, the imbalance be- free of a debt that they did not incur ognized. tween the Government’s entitlement and which they do not deserve to bear. promises and the funds it will have Now, I ask you this, Mr. President: f available to pay for them will alone Who was protecting our children while OUR CHILDREN AND THE bankrupt this Nation. Congress amassed a debt of $5.3 tril- BALANCED BUDGET AMENDMENT Now, the Bipartisan Commission on lion? Those children were not here to Mr. GRAMS. Mr. President, I want to Entitlement and Tax Reform has be able to say don’t do that. We took talk a little bit this morning about the warned us that in the year 2012, pro- the path of least political resistance balanced budget amendment and really jected outlays for entitlements and in- when we put our children into debt. how important it is to our children, terest on the national debt will at that They did not have a voice on this Sen- our grandchildren, and really to the fu- time consume all tax revenues col- ate floor to stop us from doing that. ture of this country. lected by the Federal Government. In Who stood up for America’s children As a nation, we find ourselves at a 2030, projected spending for Medicare, while Congress signed their names to a very critical juncture. The choices we Medicaid, Social Security, and Federal mortgage that they will never be able face today are stark: It is either stag- employee retirement programs alone to escape? nation or growth, poverty or pros- will consume all of our tax revenues, Who came to the floor of this Cham- perity, hope or hopelessness for our Na- leaving nothing to educate our kids, to ber crying out for the children when we tion’s children. Throughout the history keep their streets safe, to cure their sacrificed their financial security for of this world, great nations have risen diseases, or to protect the environ- another piece of pork, or another Fed- and great nations have fallen. Many ment. eral program? have perished simply as a result of one Shortsighted politicians repeatedly I will tell you this, Mr. President. fatal fiscal miscalculation at a critical refuse to make tough choices, and the The same Senators who today raise the time—a time at which we find our- knowledge that we have no clear public shield of children as their argument selves today. policy to address this imbalance dark- against the balanced budget amend- We must move forward because we ens our future even more. ment were nowhere to be found when have a moral obligation to pave a trail Although the solutions to our prob- America’s children needed them most. and to light the way. Yet, a single lems are anything but simple, we must Only the balanced budget amendment misstep as we enter into the 21st cen- not shy away from them any longer. will protect our children from the suf- tury could cast our children off the The balanced budget amendment will focating excess of a Congress free to path and into darkness. force Congress and the administration spend dollars that it does not have. Now, despite the improvement of our to work together to defuse this time So, Mr. President, the legal author- short-term fiscal outlook in the past bomb. Without it, the deficit spending ity of the balanced budget amendment decade, we face great danger from the will continue, and that is despite all will ensure that we do not drown our fiscal imbalances ahead that swing the rhetoric from both Congress and children in a sea of debt. The moral au- over us like a sword dangling from a the White House to the contrary. thority of a higher power demands that thread. Without a balanced budget Even if we indeed balance the budget we do nothing less. amendment to address these risks, I through a statutory requirement, we Thank you, Mr. President. I yield the am afraid that the national debt will all know that this is not a guarantee remainder of my time. destroy this Nation. that our budgets will balance in the fu- Mr. COVERDELL. Mr. President, I The debt today stands at over $5.3 ture. Our national debt will take sev- commend the Senator from Minnesota trillion, and the cumulative damage of eral generations to eliminate now. We for his remarks on behalf of the bal- the national debt to the economy over not only need the will to balance the anced budget amendment to the Con- the past 40 years has been enormous. budget, but we also need the means to stitution. I think he makes a very Our Nation has fallen from its perch as follow through, to keep the budget bal- poignant statement when he alludes to the world’s greatest creditor to become anced, and to begin to return the bor- the condition of our children in the fu- the world’s greatest debtor Nation in rowed money. We need the balanced ture. I have always enjoyed reading history. budget amendment. Talking about the Thomas Jefferson’s admonitions about

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1253 the future of the democracy. I can’t cial affairs just to look at the States is pretty similar. They make state it with the eloquence with which generational impact, and then to go about $40,000 a year. Probably both par- he did, but he makes the point that the back and be reminded that Thomas Jef- ents are working. And as I said, by the Senator from Minnesota makes, and I ferson said what we are doing right time the Government marches through think it is worth revisiting. He essen- here is an abrogation of freedom and their checking account, they have less tially said that it is morally wrong for independence and that we are in the than half of that left. That gets them a contemporary generation to make de- business of denying freedom for Ameri- down to around $20,000, $23,000 to do ev- cisions about debt for future genera- cans yet to come. erything we ask them to do. tions. It is morally wrong, Mr. Presi- The 80, 40, 16 says it all to me. If you Now, think about it. What is the ef- dent, for a contemporary generation to want to just talk about monetary cir- fect of putting $2,000 back into that use the resources of generations yet to cumstances, we are headed toward dou- checking account? That is the equiva- come. In essence, any time a contem- bling the deficit, which means we are lent of a 10-percent pay raise. And we porary generation is in the business of piling more paper on this pile right all know the kind of stagnation that consuming the resources of those yet here. Just in the term of this President has occurred, because of this kind of to come, they are engaged in abro- we are going to double the deficit. We activity, in those checking accounts gating the freedom of those yet to are going to add about another $100 bil- over the last several years. come, which is an unconscionable act lion to it. Then, after that, it looks Think of the opportunity that this for Americans because this is a Nation like a NASA space shuttle. It just sky- creates for school and education and that was born in freedom and independ- rockets. So the fuel and the engines of health care, which we have been talk- ence and has invested unlimited sac- using the future resources seem un- ing so much about, for children, to rifice to preserve it. checked and unbalanced. have $2,000 of new resources for every Yet, we seem to want to overlook it So if these 28 years of evidence are average family across the country. when we look at these 28 budgets from not enough to compel somebody to un- Look at it as if you are a mayor or Republican and Democratic Presidents, derstand that we need to change the county commissioner. We would likely all of whom in their own way were a way we manage this debt, then you can save about $333 million in lower debt part of abrogating freedom of some- simply look at the current budgets be- service in the State of Georgia or $103 body yet to come because they all used fore us and see that we are going to million for the capital city of Atlanta, resources of people who have no voice— continue to add debt on debt on debt. GA. Every school district, every coun- nothing to say. Our legacy is to hand Sometimes when you talk to people ty, every municipality, every State them debt. And how terribly inappro- in America about the scope of what we will immediately begin to benefit from priate it is. have been doing, about the 80, 40, and our taking these kinds of steps to rein I was reviewing some financial policy 16 percent, about the size of the cur- in and manage our budget. recently. I think it is called rent debt, which I think is $5.3 trillion We had a host of people down here generational economics. What that looking at the big picture—of course, I suggesting you just do not need a bal- means is something like this. My have been talking about 7 minutes or anced budget amendment to the Con- mother and father kept 80 percent of so, but it is probably closer now to $5.4 stitution; you just need the will. I do their lifetime wages to do the things trillion—it is depressing and sobering. not know how many years we have to that we have always depended on and And I always like to leave the message discuss our lack of will to understand asked for the American family to do. It with more optimistic tone. that we need to change the rules. We has been the core ingredient in terms I point out that balancing our budg- passed the line-item veto for the first of taking care of America, and they ets, moving to a balanced budget path, time, and that is a new tool. That is on raised myself and my sister; got us passing a balanced budget amendment the right track. A lot of people were through school gracefully; housed us to the Constitution, does not require concerned: Would a Republican Con- all through our medical needs and try- draconian effort. Actually, they rep- gress give the Democrat President the ing to prepare us for stewardship. My resent modest, sound, and reasoned line-item veto? They did. They did be- sister, who is 10 years younger than I, steps to take control of our financial cause they believed we do need new dis- will keep about 45 percent of her life- affairs, which saves the country for the ciplinary tools to manage our financial time wages—her parents 80 and she 45. future, which is laudable, and for which affairs. Currently, an average family in the every generation of Americans have I have to say that I have concluded— State of Georgia can keep, after direct been charged of doing—take steps to and I think, on balance, this is cor- taxes and cost of government, about 45 guarantee that they turn the country rect—if you are against a balanced percent of their wages. So she has half over to the future in good hands rather budget amendment to the Constitu- the resources. A lot of it she does not than crippled—that by taking these tion, you are really not for balanced get is in this pile of 28 budgets. But reasoned steps, balanced budgets, a bal- budgets. The President has told us we worst of all is the fact that a child who anced budget amendment to the Con- should have balanced budgets, and he was born on January 1 of this year, stitution, that it not only saves the ought to be supporting us in this effort. 1997, will keep, under the current country for the future, but it creates I have to say, Mr. President, that if scheme of things, 16 percent of their the immediate positive effect on every this fails—I hope it does not; it is going lifetime wages. In other words, it will citizen today. Every family, every busi- to be close, but if it fails, the President take 84 percent of their wages to fulfill ness, and every community has an im- will bear the responsibility for it be- these obligations that continue to mediate positive effect. It lowers inter- cause he has decided to fight this. The mount. I would have to say, Mr. Presi- est rates. It makes more capital avail- power of the President is enormous. dent, that that child born on January 1 able for businesses to seek and gen- But if you are for balanced budgets, of this year could never be considered erate more business. More businesses then you are for a balanced budget to be free by any definition in our Con- will be started, particularly small busi- amendment to the Constitution. stitution or in the basic tenets and fun- nesses. The job lines will be shorter. It Mr. President, I do not think you damentals of American life. will be easier to get a job. If you are know any individual, and I doubt that So from the turn of the century we graduating from high school or grad- you know any family, nor any business, have gone from a family that keeps 80 uating from college and you are in the that has been successful in achieving percent of the fruits of its labor to job market, or there has been a change, that which it needs to do, its mission contemporarily keeping about 45 per- it is going to be a lot easier. in life, that has abused his or her, cent, to a child today faced with hav- Specifically, Mr. President, a bal- their, its financial health. You just do ing to forfeit 84 percent of what their anced budget amendment would not know anybody like that or you will life’s earnings are to fulfill the largess produce around $2,000 new disposable not know them very long. So it is with of all of these budgets. income, putting it into the checking nations. I don’t know what kind of proof we account of every Georgia family, and, I was speaking yesterday to a group need to advise us that we need to Mr. President, every Kansas family. I of foreign ambassadors and dignitaries change the way we manage our finan- suppose the average family in our two who are visiting the United States on

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1254 CONGRESSIONAL RECORD — SENATE February 12, 1997 an educational program to try to un- filing their income-tax returns. What dream—to own their own homes. A 2- derstand our Congress, our Govern- people would be startled to learn is percent reduction on a typical 30-year ment, and our Nation. I told them that that about 53 cents of every dollar of mortgage in Arizona would save home- if you really want to understand the individual income tax they send in to owners over $220 a month. That is $2,655 nature of the decisions and the envi- the IRS this year will be required just a year. ronment in the United States, you to pay the interest on the national A 2-percent reduction in interest have to understand her domestic finan- debt. rates on a typical $15,000 car loan cial crisis. You have to understand That is 53 cents out of every dollar would save buyers $676. The savings what the Senator from Minnesota said. that will not be available to spend on would also accrue on student loans, He talked about the fact that the bi- health care for children, for education, and credit cards, and loans to busi- partisan entitlement commission has for the environment, for aid to victims nesses that want to expand and create shown us that within a very short pe- of domestic violence, for law enforce- new jobs. Reducing interest rates is riod of time, just a handful of Federal ment, for national defense, or for any probably one of the most important programs consume 100 percent of our of the other important programs that things we can do to help people across Treasury. serve the American people. It is 53 this country. It is money in the pocket I was simply telling these foreign cents of every dollar just to pay inter- of every American. visitors that to have an appreciation est on the bills that Congress and the Mr. President, we need to balance the for what is happening in the debate President have racked up in years past. budget. The American people want us over the resources we devote to our na- That 53 cents of every dollar does not to balance the budget. But the only tional defense and to world order, to even begin to pay down the national way to ensure that we really get there the debate over what we can make debt, which is increasing at a rate of is to pass the balanced budget amend- available to foreign assistance, it is $4,500 per second—a debt that threatens ment. The PRESIDING OFFICER. The Sen- being driven by this pile of 28 different our children’s very future. It now to- ator has spoken for 2 minutes. budgets that are out of balance and tals more than $5.3 trillion, or about The Senator from Vermont is recog- $20,000 for every man, woman, and child that this generation of Americans, you nized. and I, Mr. President, and all of our citi- in the country. zens, are going to be charged with deal- Some people say that a balanced f ing with this dilemma. We have known budget would mean drastic cuts in im- JUSTICE CLARENCE THOMAS’ about this problem all these years, but portant programs. But it is really the FIRST AMENDMENT RIGHTS it was always going to be somebody deficit—the debt—that is savaging our Mr. LEAHY. Mr. President, I ask else to work it out. There is no genera- ability to respond to the Nation’s unanimous consent that at the end of tion for us to give the baton to. We are needs. How much more could we do for my comments, an article in the Wall the last watch. It is you and I. We are the American people if we did not have Street Journal of January 31, 1997, en- going to make the decision, whether it to set aside 53 cents of every income- titled ‘‘Black Leaders Try to Deny is indecision or decision, on our watch tax dollar just to pay interest? How Thomas’ Status as Role Model,’’ be that will determine what kind of coun- much more could people do for them- printed in the RECORD. try we give to the next generation. selves if their tax bills were cut in half The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I note the and they had that 53 cents to spend on objection, it is so ordered. Senator from West Virginia is going to their own needs? (See exhibit 1.) be recognized at 11. I wonder if the Sen- It is really a balanced budget—not Mr. LEAHY. Mr. President, there ator from Georgia is going to take the more deficits—that offers the greatest have been a number of articles in var- full time until 11 o’clock. protection for the important programs ious papers over the last couple of Mr. COVERDELL. Does the Senator our Government provides. A balanced years about groups that tried to block from Vermont need a moment or two? budget will ensure that we have the Justice Clarence Thomas from speak- I would be glad to yield the remainder money, for example, to take care of our ing at various schools. I abhor this of my time— obligations to seniors and those in kind of activity. Mr. LEAHY. I need about 2 minutes. need, to make streets safe for law-abid- Justice Thomas was nominated by Mr. COVERDELL. To the Senator ing citizens, and to make our country the President of the United States, from Vermont. secure. It is, after all, those programs— went through his hearing, we had a Mr. KYL. Will the Senator yield? those programs that are priorities for vote on it up or down, and he was con- Mr. COVERDELL. I am sorry; I did the American people—that will be firmed. That is the major trial that he not see the presence of the Senator funded first under a balanced budget. should have to go through. He has the from Arizona. Of course, setting priorities would be same rights, first amendment rights, as Mr. KYL. I would advise the Senator something new for the Federal Govern- every one of us to speak. I am proud of from Georgia, I have about 3 minutes ment. We are used to operating with a the fact I come from a family that of remarks. national checkbook that has had an made the first amendment a hallmark, Mr. COVERDELL. Let me ask this, I unlimited balance. That has allowed in bringing up the three Leahy chil- say to the Senator from West Virginia. Congress to spend as much as it wants dren. I have been in this body for 22 The Senator from Kentucky used about for whatever it wants. And when you years, defending the first amendment 2 minutes of the time under our con- have an unlimited balance to draw from attacks from any side, and I am trol, and I wonder if I might ask unani- from, every program is as important as proud of the achievements that has mous consent that our time last until the next. brought about. But I would say that 11:02, and I would grant 2 minutes to But as any family knows, when you those who try to block anyone from the Senator from Arizona and the clos- have to live within your means, you speaking disregard the first amend- ing 2 minutes to the Senator from cannot have everything. The basics ment. Vermont. come first. In the context of a balanced McCarthyism of the left is as bad as The PRESIDING OFFICER. Without Federal budget, that means things like McCarthyism of the right. If some dis- objection, it is so ordered. The Senator Social Security, Medicare, and na- agree with what Justice Thomas says, from Arizona. tional security move to the front of the then let them seek their own forum to Mr. KYL. I thank the Chair. I thank line. express that disagreement. Do not the Senator from Georgia. That is what it means to prioritize. block the statements from being made f It is just plain common sense. in the first place. That is wrong. We, in Most economists predict that a bal- this country, ought to understand that BALANCE THE BUDGET FOR anced budget would facilitate a reduc- those who try to block speech, from AMERICA’S FAMILIES tion in long-term interest rates of be- the right or from the left, do a dis- Mr. KYL. Mr. President, during the tween one and two percent. That service to our Constitution, do a dis- next few months, millions of Ameri- means that more Americans will have service to our country, and, most im- cans will confront the annual task of the chance to live the American portant,

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1255 they do a disservice to the diversity tival, dismisses him as a ‘‘colored lawn jock- than obscure local convention halls, Justice that makes up the greatest democracy ey for conservative white interests.’’ Thomas has shown a special interest in talk- in history. DISSENTING VOICES ing with ordinary people, particularly the I yield the floor. A number of black leaders, including na- young. His message is ‘‘inspiring and uplift- tional NAACP President Kweisi Mfume, have ing,’’ says Norman Hatton, a vice principal EXHIBIT 1 raised concerns about the campaign against at the Thomas G. Pullen School in Landover, [From the Wall Street Journal Jan. 31, 1997] Justice Thomas, and some say African- Md., where the justice spoke at the awards BLACK LEADERS TRY TO DENY THOMAS Americans should take pride in his accom- ceremony last summer. STATUS AS ROLE MODEL plishments. ‘‘This is an embarrassment,’’ Indeed, even some NAACP leaders are adopting a more conciliatory approach. In a (By Edward Felsenthal) says Michael Meyers, executive director of recent speech, Mr. Mfume, the national WASHINGTON.—When Benjamin Carson, a the New York Civil Rights Coalition. Justice Thomas ‘‘doesn’t hold my views on affirma- president, criticized the Maryland chapter, prominent African-American surgeon, was saying protests against Justice Thomas helping organizers find an inspiring speaker tive action. He doesn’t hold my views on race. But he is on the United States Supreme shouldn’t rise to such a level that they im- to close a weeklong ‘‘Festival for Youth’’ in pede his right to speak. ‘‘We must never rush Delaware this month, he pushed for Supreme Court, and he’s entitled to . . . respect.’’ That sentiment is echoed even in some to silence free speech,’’ he said. ‘‘It doesn’t Court Justice Clarence Thomas. seemingly unlikely places. ‘‘Of course, he’s a matter how we feel about Justice Thomas.’’ It wasn’t only Justice Thomas’s exalted role model,’’ says Charles Ogletree, the Har- Dr. Carson, the surgeon, adds: ‘‘Children title and status as one of the country’s high- vard Law School professor who was Anita shouldn’t be forced to watch ‘‘a bunch of est-ranking public servants that attracted Hill’s lawyer during the confirmation hear- silly adults . . . put people into corners and Dr. Carson. It also was his remarkable rise ings. His success proves ‘‘that you can come castigate them. . . . If anything is a bad role from poverty. The two men were acquainted up from poverty and have a huge impact in model, that is.’’ through their membership in the Horatio our society.’’ Mr. LEAHY. Mr. President, I suggest Alger Society, a group whose members have Justice Thomas’s career has engendered the absence of a quorum. overcome significant odds to achieve suc- conflicted feelings in black America from cess. The PRESIDING OFFICER [Mr. the moment he hit the national scene as But when the Baltimore surgeon issued the THOMAS]. The clerk will call the roll. chairman of the Equal Employment Oppor- invitation, he never dreamed that he would The bill clerk proceeded to call the tunity Commission in the Reagan adminis- set off a political firestorm. After an orga- tration. Although mainstream black groups roll. nized protest from a regional chapter of the such as the NAACP were worried that he was Mr. BYRD. Mr. President, I ask unan- National Association for the Advancement of hostile to many civil-rights laws, they opted imous consent that the order for the Colored People, which threatened to picket not to fight his 1989 selection to the federal quorum call be rescinded. the talk, Justice Thomas backed out. appeals court in Washington. And although The PRESIDING OFFICER. Without Normally, ethnic organizations are only many of those same groups later decided to too eager to have top elected or appointed of- objection, it is so ordered. oppose his elevation to the Supreme Court, ficials visit and speak to community groups, some believed that his humble origins might f especially young people. But the Delaware ultimately make him more sympathetic to protest was the latest incident in an unusual CONCLUSION OF MORNING their civil-rights agenda. drive against a public official by some black That hasn’t happened. He has joined the BUSINESS leaders to deny the conservative, 48-year-old court’s conservative wing in ruling that it’s The PRESIDING OFFICER. Under justice a position as a role model within the unconstitutional to draw up voting districts the order, morning business is closed. African-American community. primarily on the basis of race. He concurred UNFLATTERING COVER STORIES in a 1995 ruling that put strict limits on fed- f Last year, after a school-board member eral affirmative action, saying such pro- BALANCED BUDGET AMENDMENT and local parents threatened to protest, a grams ‘‘stamp minorities with a badge of in- TO THE CONSTITUTION Maryland school temporarily retracted an feriority and may cause them to develop de- invitation for Justice Thomas to speak at an pendencies.’’ He also concurred that year in The PRESIDING OFFICER. Under awards ceremony for eighth graders. Emerge, a decision that curbed school desegregation, the order, the Senate will now resume an influential magazine among the black in- expressing astonishment that ‘‘courts are so consideration of Senate Joint Resolu- telligentsia, has run two unflatering cover willing to assume that anything that is pre- tion 1, which the clerk will report. stories on the justice, one portraying him dominantly black must be inferior.’’ The bill clerk read as follows: wearing an Aunt Jemima-style kerchief, the Other justices participated in these deci- other portraying him as a lawn jockey. His sions, too, of course. But Justice Thomas’s A joint resolution (S. J. Res. 1) proposing judicial decisions also have attracted un- African-American critics seem to view his an amendment to the Constitution of the usual personal attacks, including a stinging role as uniquely unforgivable, and that senti- United States to require a balanced budget. open letter from former U.S. Judge Leon ment in turn has provoked the concern about The Senate resumed consideration of Higginbotham. his influence on black youth. the joint resolution. Justice Thomas, whose bitter 1991 con- IT DOESN’T AFFECT HIM Pending: firmation hearings became a national spec- Justice Thomas won’t comment on the Dodd amendment No. 4, to simplify the tacle because of Anita Hill’s allegations of Delaware incident, but friends insist he isn’t conditions for a declaration of an imminent sexual harassment, is certainly no stranger ruffled. ‘‘He’s been around long enough deal- and serious threat to national security. to controversy. But the recent protests are ing with the so-called civil-rights commu- The PRESIDING OFFICER (Mr. extraordinary because they have little or nity [that] it doesn’t affect him,’’ says Ste- KEMPTHORNE). The Senator from West nothing to do with the highly charged issues phen Smith, a Washington lawyer and Virginia [Mr. BYRD] is recognized. raised during his difficult confirmation. In- former law clerk for Justice Thomas. Mr. BYRD. Mr. President, the meas- stead, they have to do almost entirely with After the area NAACP leaders threatened Justice Thomas’s conservative views and de- their protest, Justice Thomas wrote festival ure before the Senate is a proposed cisions criticizing policies such as affirma- organizers to say that, while he doesn’t ob- amendment to the Constitution man- tive action. ject to ‘‘peaceful demonstrations,’’ he didn’t dating a balanced budget annually. It While feminist groups took the lead in want to distract from the event’s focus on is unconstitution-like. I am not saying fighting against his Supreme Court nomina- children. Finally, says a gleeful Mr. it is unconstitutional. If it is riveted tion, this time the criticisms of Justice Morment, the Maryland NAACP official, into the Constitution, of course it Thomas are being leveled almost entirely by ‘‘the guy made some decision that we agree would be constitutional. But I am say- other blacks. Various civil-rights leaders with.’’ claim—sometimes in terms that are aston- Other black leaders say they too would ob- ing it is unconstitution-like in its ishingly abusive even by Washington stand- ject if the justice were invited to speak to words, which lack the vision, the sim- ards—that Justice Thomas has betrayed his kids in their area. It is a way of ‘‘getting his plicity, and the majestic sweep of lan- race by opposing the affirmative-action poli- attention’’ to communicate that ‘‘we’re dis- guage that we find in the Constitution. cies that his critics say helped get him where appointed with the actions that you’ve Rather, it sounds and reads like a he is, and by voting with the court’s conserv- taken, and so therefore we can’t hold you up bookkeeping manual on principles of atives on other civil-rights issues. as a role model,’’ says Hazel Dukes, presi- accounting. The amendment is replete ‘‘If white folks want to have Justice Thom- dent of the New York conference of the with words like ‘‘outlays,’’ ‘‘fiscal as serve as a role model for their kids, that’s NAACP. their business,’’ says Hanley Norment, presi- It is in one sense ironic that Justice Thom- year,’’ ‘‘receipts,’’ ‘‘estimates of out- dent of the NAACP’s Maryland branch. Mr. as has provoked such criticism: On a court lays and receipts,’’ ‘‘receipts except Norment, who helped plan the protest whose members are more likely to be found those derived from borrowing,’’ ‘‘repay- against Justice Thomas at the Delaware fes- speaking at high-brow judicial conferences ment of debt principal,’’—words which

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1256 CONGRESSIONAL RECORD — SENATE February 12, 1997 are out of keeping with the graceful I have not been able to listen to all of likewise, be beseeched to ratify in their language used by the Framers in writ- the speeches that have been made by State legislatures throughout the ing the original Constitution and the all of the proponents of the amend- country: Don’t look at the details, Bill of Rights. The amendment is made ment. don’t bother, just accept on faith. up of 8 sections constituting a total of I have tried to listen to as many as I Things are bad, deficits are bad, we circa 310 words, more than were used could. I have not been able to hear have to do something about it. Ipso by the Framers in stating the Pre- them all. But of those that I have facto, vote for this amendment. It will amble to the Constitution and in estab- heard, there has not been one—not do the job. lishing a Congress composed of two one—that has addressed itself to the For the benefit of the American peo- Houses, establishing a House of Rep- details of this amendment. ple who do not have a copy of this resentatives, establishing a Senate, es- We have heard many times that the amendment and who are watching and tablishing the Presidency, establishing devil is in the details. I have not heard listening to the words spoken on this the Supreme Court, and including the a single proponent—not one—explain floor, I have had the entire amendment article setting forth the mode by which the amendment section by section or placed on this chart and will now go the Constitution would be considered stated how and why the adoption of through it section by section in the ratified and in effect. Moreover, it is a this amendment will, indeed, bring hopes of shedding a little light at least masterpiece of confusing details, de- down the deficit and lead to a balanced on what I believe to be a very anti- ceptive illusions, and doublespeak. budget. I would like for them to ex- Democratic, anti-Republican, and It is misleading. I am talking about plain each section and explain how anticonstitutional proposal. Not un- this amendment now that we have be- that section is going to bring the defi- constitutional, but anticonstitutional. fore the Senate. It is misleading, con- cits down. So let us start at the beginning. The tradictory in its terms, and is ulti- All of the speeches that I have heard Bible says, ‘‘In the beginning.’’ You mately bound to disappoint the Amer- merely talk about the need for getting can’t get much beyond that, ‘‘In the ican people and undermine their faith the deficit under control. I am for that. beginning, God * * * ’’ in the credibility of the Nation’s basic But none has explained how this par- Well, in the beginning, let’s take the document of law and government. ticular proposed constitutional amend- very top section. Let’s start at the top. We all agree—all 100 of us—that con- Section 1 of the constitutional ment is going to do the job. All I have tinued massive deficits are bad for the amendment states: country, and we are all in agreement heard have been ‘‘the sky is falling’’ speeches—oh, the sky is falling—which Total outlays for any fiscal year shall not that action must be taken by the legis- exceed— lative branch, working in cooperation have simply stated the need for getting our house in order, to which we all can Shall not exceed— with the executive branch, to bring our total receipts for that fiscal year, unless budgets under control and into balance agree and stipulate. So they say deficits are bad; our na- three-fifths of the whole number of each at some point, yea, even to provide for House of Congress shall provide by law for a surpluses so that the country can begin tional debt is too large; we need to get specific— to retire the principal and reduce the the deficits under control. Nobody dis- For a specific— agrees with that. That is all the interest on the national debt, which, in excess of outlays over receipts by a rollcall only the last 16 years, has assumed co- speeches I have heard. As I say, I have vote. not heard them all. But all of the lossal proportions beyond anything Mr. President, and Mr. and Mrs. that was even imagined during the pre- speeches by the proponents I have America, this states that for every dol- vious 192 years and 39 administrations heard have amounted to that: Deficits lar that is spent in any fiscal year, in the history of the Republic. I am are bad; we have to do something about there shall be $1 of income. That is saying during the 192 years previous to them. what it says. In other words, for every And what do they propose to do? the first Reagan administration. I need dollar that goes out in a given year, a not remind my colleagues and those Adopt this amendment. They don’t ex- dollar will have to come in, unless who are listening to the debate—al- plain how it will rectify the situation. three-fifths of the Members of both So I continue to wait to hear a single though I shall—that until the begin- Houses of Congress provide by law for a proponent—just one—who will come to ning of the first administration of Ron- specific excess of outlays over receipts the floor and explain clearly as to how ald Reagan, total debt of the U.S. Gov- by a rollcall vote. ernment was a little under $1 trillion, each section will contribute to the If Congress is bound to spend more while, beginning with the first admin- common objective that we all seek; than it takes in, how can it do it? It istration of President Reagan and con- namely, a balanced budget, and explain can only do so by a rollcall vote and by tinuing up to this time, over $4 trillion beyond any doubt that these sections passing a law which states the specific has been added to that debt. In other of this amendment, as so constructed, excess by which dollars spent will ex- words, four-fifths of the total debt held will do the job. You can bet on it. ceed dollars received. It will not be by the public have been added in the Everyone is in agreement that con- enough for Congress to provide by law last 16 years, four-fifths—four times sistently operating with deficits is un- in a given year that outlays ‘‘may ex- the amount of debt that was accumu- desirable, but we are told to accept on ceed receipts.’’ That is not enough. To lated during the first 192 years in the faith this proposed constitutional comply with the language of this sec- life of this Republic, during the first 39 amendment. We are told it will do the tion, Congress will have to state spe- administrations in the life of this Re- job, but we are not told how it will do cifically the excess of outlays over re- public, up until the first administra- the job. We are not given the details as ceipts that it is willing to approve. tion of President Reagan. to the sacrifices and the pain the peo- Moreover, this cannot be done by a Does anyone challenge that? Does ple must endure in order to achieve simple majority in each House of Con- anyone wish to stand on this floor and yearly budget balance. We are only gress, as is the case with most other say, ‘‘That ain’t so’’? told that continued deficits are not laws that are passed by Congress. The It is no wonder, then, that the Amer- good, which we all know to start with, stickler here is that three-fifths of the ican people have lost faith in their but that this amendment will fix the whole number of each House will have Government, and if this proposed con- problem. We are, therefore, importuned to approve the specific excess. Got to stitutional amendment is approved by to buy what really amounts to a ‘‘pig be exact, the exact amount. ‘‘All right, both Houses of Congress and ratified by in a poke.’’ And as far as the expla- Senators, we’re getting ready to vote. the necessary three-fourths of the nation of the amendment thus far is We’ve got to know the exact amount State legislatures, the people of this concerned, we cannot even be assured by which the outlays will exceed the country will have no cause for reassur- that there is a pig in that poke. receipts, because it has the words ‘spe- ance that our fiscal and deficit prob- So now let us proceed to take a look cific excess’.’’ lems will ever be resolved. I fear that section by section at the amendment, For example, the Senate is composed the situation will not have been made which we are all being implored to sup- of 100 Members and three-fifths of them better but, rather, will have been made port and which, if we buy on to this will be required to loose this amend- worse. amendment, the American people will, ment from its chains. Three-fifths of

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1257 the whole number of the Senate means Consequently, we are being presented ports, transit systems, military pro- that at least 60 Members of the Senate in the very first section of the amend- curement for weapon systems, military would have to vote in favor of permit- ment with a requirement that cannot aircraft, battleships, missiles, are re- ting the specific excess of dollars paid be met. It cannot be met. Now, let us quired to be paid for in full as the pur- out over dollars taken in. Sixty Mem- examine more closely. Take the first chases are made. This is a system of bers. Fifty-nine will not be enough. portion of Section 1: ‘‘Total outlays for budget accounting that no business, no It will not matter if there is a snow- any fiscal year shall not exceed total State or local government, and no fam- storm outside the doors and only 59 receipts for that fiscal year * * *’’ That ily has to abide by. Senators can get to the Senate to vote. language is very clear. It cannot be Let us consider the family budget. I That is a quorum—that is over a misconstrued or misunderstood. It consider my family budget a typical quorum. But that will not matter. means exactly what it says. It does not family budget. I can remember when I Even if they all vote to allow outlays say that total outlays ‘‘may not ex- had to buy a bedroom suite—on May 25, to exceed receipts by an exact and spe- ceed.’’ It does not say that ‘‘Total out- 1937; soon it will be 60 years. On May cific amount, that will not be enough. lays for any fiscal year may not exceed 25, 1937, I bought a bedroom set, look- Now, this may appear to be a very total receipts.’’ It does not say that ing forward to the day when I pay that simple matter on the surface, but upon ‘‘Total outlays for any fiscal year preacher $2 and take my wife away. We closer examination it will be anything should not exceed total receipts.’’ Nor would not be going on any honeymoon. but simple. does it say that ‘‘Total outlays for any Of course, we have been on a honey- Why do I say this? Because there is fiscal year ought not exceed total re- moon now for 60 years, but we would no way on God’s green Earth that ceipts.’’ It says, total outlays shall not be going anywhere. There would human beings can precisely predict not—shall not—shall not—exceed total not be any gifts, would not be any flow- what the total outlays will be for a fis- receipts for that fiscal year, no ifs, er girls, would not be any best man— cal year until that fiscal year has ex- ands or buts. The Federal budget, except ROBERT BYRD. I bought a bed- pired and the U.S. Treasury Depart- under this language, must be balanced room suite, paid for it at the company ment has tallied up the final figures of every fiscal year right down to the bot- store where I was employed as a meat- what the income versus the spending tom dollar. There is no wiggle room— cutter and in produce sales, $5 down, was for the year just ended. No way— wiggle room—none. $7.50 every 2 weeks until it was paid off. no way—that anyone, that any human Now, let us understand what this So that is the way most families being or any computer contrived by means. We are told by the proponents of this amendment that the Federal have to manage. Most families that I any human being can determine before know have to borrow money to buy the fiscal year is out the exact amount Government should have to balance its budget every year, like a family does. their homes, have to borrow money to by which outlays for any fiscal year buy their farms, they have to borrow have exceeded the receipts of that fis- How many times have I heard that? ‘‘Oh, we ought to do like the average money to purchase necessary assets cal year. No way. It is impossible. No such as automobiles with which they way, until the fiscal year has expired American family. We ought to do like a family does or do like the State gov- get to work and get home from work, and the U.S. Treasury Department has and they have to borrow money to pro- tallied up the final figures of what the ernments do it. The Federal Govern- ment ought to do like the State gov- vide their children with a college edu- income versus the spending was for the cation. I do not think that one will find year just ended. You will not know ernments do it. They balance their budgets. The American family balances very many Americans who would want until that happens. to have to balance their family budgets And only then, which is usually late its budget. And the Federal Govern- ment ought to do the same.’’ How in a manner that would require them in the month of October—perhaps the to pay for the entire cost of their home third or fourth week of October—sev- many times have I heard that? How many times have you heard it, Mr. in the same year, the entire cost of the eral weeks after the end of any fiscal farm in the same year, the entire cost year, are the facts known as to the President? The truth is that the American fam- of the automobile in the same year, or exact amount of the outlays and the ily does not and the truth is the State the entire cost of a college education exact amount of the receipts, and, con- and local governments of this country for their children. Yet that is what the sequently, whether or not there was a do not do what this amendment re- U.S. Government would be required to deficit, and, if so, specifically how quires the Federal Government to do. do by this section of this amendment. much was the excess of outlays over re- The fact is that the unified Federal Mr. and Mrs. America, be on your ceipts. We will not know it by the end budget is not the same as a family guard; you need to know that. When of the fiscal year. budget. The fact is that the unified you listen to these proponents say that So what are we going to do then? The Federal budget is not the same as the the Federal Government should bal- fiscal year has ended. September 30 is budgets that State and local govern- ance its budget just like the States bal- gone. We do not know what the excess ments are required to balance—or that ance theirs—listen, Governors, you was. How then can three-fifths of the they are supposed to balance. They are know better than that. When the pro- Members of the Senate vote for a ‘‘spe- not the same. ponents say that the Federal Govern- cific excess of outlays over receipts’’ Unlike those budgets, unlike the ment should balance its budget just when the final books are not closed, State budgets, the unified Federal like the average American families bal- the amounts are not tallied. Nobody budget includes all spending that oc- ances its budget, hold on. Pay atten- knows. curs in a fiscal year regardless of tion. That is not what it does. I might stand on my feet and say, whether that spending is for recurring Similarly, the proponents tell us that ‘‘Mr. President, how much is the ex- operating costs of the Federal Govern- most States and local governments are cess?’’ Nobody can tell me. And we will ment or whether that spending is for required to have balanced budgets. not know it for perhaps 3 or 4 weeks public investments. What the proponents fail to point out after September 30, after the fiscal Now, would anybody stand and chal- is the fact that State governments are year has ended. lenge that? Would anybody tell me required to balance only their oper- Therefore, there is no way for Con- that the States are operating under the ating budgets. Do not tell me that gress to provide by law for a ‘‘specific same kind of unified Federal budget ‘‘ain’t’’ so, because it is. The States are excess of outlays over receipts’’ during that the Federal Government is oper- allowed to have separate capital budg- the fiscal year in question. The specific ating under? Yet they say we ought to ets, which are excluded from the an- amount of any excess of outlays over do like the States. The Federal Govern- nual budget balancing requirement. A receipts cannot be known by the ment ought to balance its budget like State may be required to keep its oper- human mind until the U.S. Treasury the States balance their budgets. Just ating budget in balance each year, but has totaled up the figures for a fiscal one—I would like to hear a Senator the budget with which it floats bonds year that has already ended 2 or 3 challenge that statement. for the construction of school buildings weeks earlier and advised Congress of Under the unified Federal budget, or highways and other capital invest- the results. capital investments, such as roads, air- ments is not required to be balanced

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1258 CONGRESSIONAL RECORD — SENATE February 12, 1997 each year. I know. I know that is the constitutes minority control in each That is saying to the courts, Mr. Jus- way the West Virginia Constitution op- House, which is anathema—anath- tice, your court is precluded from in- erates. It does not require a unified ema—to the principle of majority rule, terpreting the amendment in any way budget as this amendment would or as anathema to the democratic—small that would result in a shift of the bal- the Federal Government does operate ‘‘d’’—rule, the principle of majority ance of powers among the branches of on a unified budget. rule, a cardinal principle of representa- Government. How much is that piece of If such capital investment budgets tive democracy. That is basic in this paper going to be worth? Yet, a com- were required to be balanced each year, Republic. It means that a minority can mittee report says it. ‘‘The provision as this amendment would mandate block action. The requirement of a precludes any interpretation of the that the Federal Government do, the supermajority three-fifths vote is a amendment that would result in a shift States in many instances would not be prescription for gridlock. A majority of of the balance of powers among the able to build schools and highways and three-fifths would be difficult to get on branches of Government.’’ bridges. Is that not so, Governors who a politically charged vote of this kind The President impounds the moneys. may be listening? Is that not so, State where partisanship would rear its ugly He feels he has to impound them. He legislators who may be listening? The head. What would happen, then, when has to stop the checks. He has to put a capital budgets of States are excluded the President’s advisers tell him late in halt on the mailing of the checks. He from the annual budget-balancing re- a fiscal year, or at the beginning of the impounds moneys. Does that con- quirement of the State constitutions. next fiscal year, that despite previous stitute a shift in the balance of powers Under this balanced budget amend- estimates to the contrary—or if it is between the legislative and executive ment, however, the Federal Govern- the last of October, in the next fiscal branches? And, Mr. Proponent, are you ment would be forbidden to adopt cap- year—there was a substantial deficit going to tell me that the courts will ital budgeting, and this would gravely and that Congress has not been able to abide by this committee language here, endanger our ability to purchase the produce the necessary three-fifths vote that they will feel bound by this com- kinds of public assets or make the in each House to waive the require- mittee language, they will be ‘‘pre- kinds of public investments that are so ment set forth in section 1 for a bal- cluded’’? That is what this language critical to this Nation’s future econ- anced budget. says, that ‘‘the provision precludes any omy and to its future security. The clock is ticking. The fiscal year interpretation of the amendment that The language of this first section of is running out. And a deficit looms would result in a shift in the balance of the amendment, if the amendment is large, large on the horizon. The Presi- powers among the branches of Govern- ever adopted and ratified, will prohibit dent’s advisers tell him he is constitu- ment.’’ the Federal Government from pur- tionally bound to balance the budget. Let me also say at this point that chasing capital assets and repaying the Now, Mr. President, those Senators section 1 of the amendment is a hollow costs of them over time for the simple didn’t do it. They could not muster the promise. It says the budget shall be reason that it says that each year, the three-fifths vote to waive that provi- balanced, but it does not say how the total outlays shall not exceed the total sion in section 1. budget must be balanced. It does not receipts; shall not exceed the total in- The President is, therefore, told to say how the deficits shall be reduced. come of the Federal Government. impose the necessary cuts in spending Where are the proponents? This is what Rather, the Federal Government would for the remainder of the fiscal year in I have been waiting to hear. I am op- be required to pay for the entire cost of order to achieve budget balance. He has posed to this constitutional amend- all these capital investments as they no choice. ment. I want someone to tell me and to are purchased. I believe if the Amer- At this late point, during any fiscal convince me and prove to me, by their ican people focus on this issue alone, it year, what could the President do? He written words, that I am wrong, that I should be enough to convince them of would have no choice but to make arbi- am not reading these sentences cor- the unwisdom of placing such a strait- trary cuts in Federal spending, which rectly, that they don’t say what I have jacket on Federal budgeting into our could mean a reduction in payments to said they say. I want someone to show Constitution. which many citizens are entitled under me that I am wrong. But the proponents of the amend- the law. Among the programs for which It does not say how or where to cut ment will say, ‘‘Hold on. Hold on, Sen- monthly checks are issued by the U.S. Government spending. It does not say ator. This language allows a waiver of Treasury are Social Security benefits, how or whether revenues should be in- the budget balancing requirement.’’ military and civilian retirement bene- creased. There isn’t a proponent of the Sure enough, there is a portion of sec- fits, veterans benefits—hear me, vet- amendment that I have heard stand on tion 1 which reads, ‘‘. . .unless three- erans—veterans benefits, payments for the floor and say, ‘‘This is how we are fifths of the whole number of each Medicare and Medicaid, and payments going to make this section work. We House of Congress shall provide by law to contractors. To those who say that are going to have to raise taxes.’’ I for a specific excess of outlays over re- your Social Security check, or—vet- haven’t heard a proponent stand up on ceipts by a rollcall vote.’’ erans, lend me your ears—your vet- this floor—not one—and say the Presi- So the two halves of this sentence do erans pension, or your military or ci- dent’s proposed tax cut is going to have not match up. This sentence is classic vilian retirement checks are safe under to be forgotten, or that the tax cuts doublespeak. Mr. and Mrs. America, this constitutional amendment, I can proposed by the Republican Party—the that is exactly what we are doing here, assure you that they are not. More- GOP, the Grand Old Party—are going engaging in doublespeak. It is a kind of over, it is highly likely that the judici- to have to be forgotten. Not only ‘‘have it both ways’’ sentence—the ary will find itself embroiled in yearly should we not have the tax cuts—I say kind of stuff that politicians are so budget decisions. we should not cut taxes. Here is one proficient at crafting. On the one hand, I see in this committee report these Senator who, if I were a proponent of we are saying that the Federal Govern- words on page 23—words in the com- this amendment, I would say, well, I ment’s spending shall not exceed its in- mittee report that comment on section am against cutting taxes. I believe we come, that it must live within its 6 of the amendment: ought to balance the budget. I believe means, and that that concept is impor- The provision precludes any interpretation we ought to wipe out these deficits. tant enough to rivet into the Constitu- of the amendment that would result in a But this language does not say how or tion of the United States. But in the shift in the balance of powers among the where to cut Government spending. It very same sentence, without skipping a branches of Government. does not say how or whether revenues beat, the language also says that all How can any committee report say, should be increased. And all of the Re- that is so unless three-fifths of the with any authority that is dependable publicans, in 1993, stated that the rea- whole number of each House waive that authority, that the provision precludes son they did not vote for that budget requirement. any interpretation of the amendment? balancing package—which worked— So there is a requirement for a super- Is that not what the committee report most of them used the excuse that it majority vote of three-fifths of each said? ‘‘The provision precludes any in- increased taxes. That may be what we House to approve a waiver, and that terpretation of the amendment. . .’’ will have to do again. But the language

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1259 in this amendment doesn’t say whether balancing the budget will be smoke and ceipts or outlays at the beginning of revenues should be increased. mirrors, and anyone who can read the the fiscal year to determine whether But never mind, the proponents of English language knows it. Because the balanced budget requirement of the amendment have provided an es- there it is as plain as the nose on your section 1 would be satisfied so long as cape hatch right in the amendment face: ‘‘The Congress shall enforce and the estimates were reasonable and itself. Take a look at section 6. implement this article’’—meaning the made in good faith. In addition, Con- Section 6 states, ‘‘The Congress shall constitutional amendment to balance gress could decide that a deficit caused enforce and implement this article by the budget—‘‘by appropriate legisla- by a temporary, self-directing drop in appropriate legislation * * *’’ There is tion, which may rely on estimates of receipts or increase in outlays during nothing new about that. Congress has outlays and receipts.’’ Section 6 makes the fiscal years would not violate the the power now, working with the Presi- this proposed constitutional amend- article.’’ dent, to balance the budget. But this ment a fraud; a fraud. I shall have This is the committee report I am amendment says, ‘‘The Congress shall more to say about section 6 at another reading from, and it is talking about enforce and implement this article by time, but I will say this much: I say it section 6 in this constitutional amend- appropriate legislation, which may rely makes the amendment a fraud. ment. The language goes on to say in on estimates of outlays and receipts.’’ Let the proponents read what the the committee report: ‘‘Similarly, Con- I hope that the new Members of the committee report says about section 6. gress could state that very small or Senate will pay close attention to this Let me read from the committee re- negligible deviations from a balanced language. I can understand that when port. Page 23 of the committee report: budget would not represent a violation new Members come here, they haven’t ‘‘The Congress shall enforce and imple- of section 1.’’ How much is ‘‘small’’? had any experience with the termi- ment * * * creates a positive obligation How much is ‘‘very small’’? What nology or the Federal budgets, with the on the part of Congress to enact appro- would be a ‘‘negligible deviation’’? estimates of revenues and outlays from priate legislation to implement and en- We have a $1.7 trillion budget. Let us year to year, and how those estimates force the article.’’ Then the committee say that the deviation is $50 billion. Is have been off. I can understand that. looks at the words ‘‘which may rely on that ‘‘small’’? Is that ‘‘very small’’? So I can forgive new Members. But I estimates of outlays and receipts.’’ Let us say the estimate only missed it hope they will listen. Section 6 states The committee report goes on to say by $50 billion. That is $50 for every that, ‘‘The Congress shall enforce and this: ‘‘Estimates’’—the word ‘‘esti- minute since Jesus Christ was born. Is implement this article by appropriate mates’’—‘‘means good faith, respon- that small enough? It is only 3 percent legislation, which may rely on esti- sible, and reasonable estimates made of the total budget, $50 billion. As a mates of outlays and receipts.’’ This is with honest intent to implement sec- matter of fact, you can make it $51 bil- the Achilles’ heel of the balanced budg- tion 1.’’ The committee knows that it lion of a $1.7 trillion deficit. It would et amendment to the Constitution. is providing a loophole that is large only be off 3 percent. Is that ‘‘neg- I especially would like the pro- enough for Atilla to drive his 700,000 ligible’’? Is that small enough? ponents of this amendment to come horsemen through, large enough for It goes on to say: ‘‘If excess of out- over here and defy what I am saying Tamerlane, large enough for Amtrak— lays over receipts were to occur, Con- about section 6 of this constitutional because it says in the first section the gress could require that any shortfall amendment. budget must be balanced, the budget must be made up during the following While section 1 is the core of the shall be balanced; outlays may not ex- fiscal year.’’ amendment, because it says that the ceed receipts. Now, this is the committee report ex- budget shall, not may, but shall be bal- Then it comes along in section 6 and plaining the amendment. And that is anced every year, section 6 in the very says, ‘‘Well, we don’t really have to do shilly-shally. That is what the com- same amendment says that we don’t that; don’t really have to pay any at- mittee report says. I did not say it. really have to balance the budget as tention to that language. What we Section 6 provides the loophole, it pro- section 1 would require. The pro- really mean is that the estimates of vides the way out, the way to get ponents of this amendment are telling outlays shall not exceed the estimates around section 1 in the amendment, us in section 6 that they are just kid- of receipts. And the record will show, the way to get around this balanced ding in section 1 when they say that as I will on another day, that it is im- budget amendment. I will have more to the budget must be balanced. In sec- possible for the estimates—insofar as say about that section at a later time. tion 6, they are saying, ‘‘We don’t real- the record is concerned, it has been im- Now let us look at section 2 of the ly mean it, Mr. and Mrs. America.’’ In possible for the estimates to balance or balanced budget amendment. Section 2 section 1, the amendment says that to come out as stated. It is impossible states, ‘‘The limit on the debt of the ‘‘outlays shall not exceed receipts’’ in for anyone to estimate what the reve- United States held by the public shall any fiscal year, but section 6 says only nues are going to be. It is impossible not be increased, unless three-fifths of that estimates of outlays shall not ex- for anyone in this Government to esti- the whole number of each House shall ceed estimates of receipts in any fiscal mate what the revenues will be. It provide by law for such an increase by year. says, well, estimates really mean good- a rollcall vote.’’ So, if this amendment is adopted, the faith, responsible, and reasonable esti- In practical terms, what this section sacred document of the Constitution mates. means is, again, if a minority in the will say, in no uncertain terms, in sec- What is meant by ‘‘good faith’’? How Congress decides that they do not want tion 1 that Congress shall balance the do we know when they are ‘‘good faith’’ to go along with the policies of the ma- budget every year. But just read a lit- estimates? How do we know when they jority, they can put this country into tle further, and the Constitution of the are ‘‘responsible’’ estimates? How do default on its debt. If the United States United States will say, forget section 1, we know when they are ‘‘reasonable’’ ever defaulted on the payment of its Congress doesn’t really have to balance estimates? How do we know when those debt, that action would send the world outgo with income, doesn’t have to bal- estimates are made with ‘‘honest in- financial markets into utter chaos. ance outlays with receipts. All we have tent’’? We have seen the numbers This is the same as any family’s filing to do is just rig the estimates, so that ‘‘cooked.’’ David Stockman was the Di- for bankruptcy. Forget about ever get- estimated spending will not exceed es- rector of OMB during the early years of ting another mortgage on the home or timated income for any given fiscal the Reagan administration. The num- another automobile loan. Any lender, year. bers were ‘‘cooked,’’ and David Stock- knowing that you have already skipped Isn’t that what this says? man said so. So they were rigged. your payments and gone bankrupt, is Section 1, therefore, makes the en- The committee goes on and says, going to charge you an exorbitant rate tire balanced budget proposal as phony ‘‘This provision gives Congress an ap- of interest on your next loan, that is, if as a $3 bill. Better still, phony as a propriate degree of flexibility’’—you you can ever get another loan. $2.50 bill; phony. If the escape hatch is bet it does —‘‘in fashioning necessary Failure to raise the debt limit or used, we will be right back where we implementing legislation. For example, ceiling, when required, would have far- have been so many times in the past, Congress could use estimates of re- reaching effects on the U.S. Treasury’s

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1260 CONGRESSIONAL RECORD — SENATE February 12, 1997 ability to pay Social Security and vet- President shall transmit to the Con- of these writeoffs are simply tax loop- erans’ pensions and other obligations, gress a proposed budget for the U.S. holes which, like leeches, suck the and the Nation’s creditworthiness Government for that fiscal year, in blood from the economic body politic. would be destroyed. Millions of people which total outlays do not exceed total No one likes to raise taxes, but it is depend on Federal payments, including receipts.’’ something that has to be done, and for employees, pensioners, veterans, inves- So this section means then that the 208 years, Congress has been able, by a tors, contractors, as well as State and President of the United States must simple majority vote in both Houses, local governments. If the debt ceiling send a balanced budget to the Congress to increase revenues. It does have to be is reached and the necessary super- before each fiscal year even though done, from time to time, no matter majority vote of both Houses is not during a recession the President may how much we may dislike having to achieved, all of these payments must deem it advisable to recommend a fis- vote to do it. Yet, this section would be stopped. cal deficit in order to help get the require a kind of ‘‘floating’’ super- The fact is that over the last 16 country back on its feet. That will hap- majority in both Houses in order to in- years, there have been 30 occasions pen from time to time. The language of crease revenue. Let me explain this when the Congress has voted to in- section 3 would preclude his doing so. term which I have invented. For over crease the debt limit. And yet, on only He is not supposed to recommend a fis- two centuries, the Constitution has re- 2 of those 30 occasions have we met the cal deficit. He is required by the con- quired only a simple majority in each three-fifths requirement of this bal- stitutional amendment to recommend House to raise revenues. For example, anced budget amendment. It is not a balanced budget. let us say that there are 90 Senators going to be easy. A minority will have Notwithstanding this requirement, present and voting on a measure to many opportunities to play politics however, a President’s Office of Man- raise taxes. Up to this point, a simple with this phraseology in this amend- agement and Budget could ‘‘cook the majority, just 46 Senators of the 90, ment. Only on 2 of those 30 occasions numbers,’’ as was done during the ad- could pass the bill. Under this proposed have we met the three-fifths require- ministration of President Reagan. constitutional amendment, with 90 ment for this balanced budget amend- Didn’t David Stockman say so? That is Senators voting, 51—51 Senators, not ment. On the other 28 occasions, less not just ROBERT BYRD talking. They 46; 51 Senators, or five more Senators than three-fifths of the whole number cooked the numbers to reflect what- than a simple majority—would be nec- of both Houses voted by rollcall to pro- ever income and spending numbers the essary. vide the necessary increase in the debt administration wanted. And they can Now, depending upon what day of the limit. do it again. They will do it again—cook week, what hour of the day, of course, I have seen the occasion arise many the numbers. a supermajority of five votes would be times when this party or that party, The President’s budget could, for ex- necessary rather than a simple major- one party or the other, will play poli- ample, forecast that the economy will ity of one vote. But let us say that 80 tics with this language. I have seen sit- grow faster than it really will grow, Senators are present and voting. A uations in which the Democrats laid and therefore would take in more tax simple majority would require 41 Sen- back, would not vote for an increase in revenues; or the administration could ators to pass the bill. With this new the debt limit. They would make the forecast that interest rates would be constitutional amendment in place, at Republicans do it. And I have seen the much lower than most economists pre- least 51 Senators would be required—or occasions when the Republicans would dict, or that unemployment would drop 10 more votes than is presently re- lay back and not vote to raise the debt during the upcoming budget year, quired. Hence, a supermajority of 10 in ceiling, make the Democrats do it. thereby causing the budget to be in that hypothetical case would be nec- One particular instance comes to balance. Cook the numbers. essary. And so on. If 70 Senators voted, mind. This is just an example: In short, the President and his staff ordinarily 36 Senators could pass the ‘‘On Friday, October 12, 1984, the 98th bill. But under this constitutional Congress adjourned after the Senate, in can, as we have seen in the past—don’t say, ‘‘It ain’t so,’’ because it is—come amendment, 51 Senators would be re- a final partisan political battle, nar- quired, or 15 additional Senators over rowly approved an increase in the na- up with any number of rosy scenarios in order to make the numbers balance. and above a simple majority; a super- tional debt ceiling to $1.82 trillion. majority of 15. So it is a ‘‘floating Senate Republicans cleared the way for Consequently, simply telling the Presi- dent of the United States that he must supermajority.’’ This is why I refer to adjournment when, without the vote of it as a ‘‘floating supermajority.’’ It a single Democrat’’—I was the minor- send a balanced budget to the Congress does not in fact get us any closer to floats, or changes, depending upon the ity leader—‘‘without the vote of a sin- number of Senators present and voting, gle Democrat they,’’ meaning the Sen- balancing the budget. The American people will again be treated to ‘‘make so that if the supermajority of five ate Republicans, ‘‘approved an increase votes is necessary to pass the tax bill in the national debt ceiling. ‘There will believe,’’ ‘‘Alice in Wonderland’’ budg- ets while we politicians just keep on on a Wednesday, let us say, a super- be no more votes today,’ said Baker,’’ majority of 10 votes or 15 votes may be meaning Howard Baker, ‘‘as he smiled playing the same old shell game in necessary if the passage of the bill broadly. ‘There will be no more votes ways that will fool the American pub- should occur on Thursday or Friday. It this session. There will be no more lic. could be 9 o’clock in the morning in votes in my career.’ His Senate col- Section 4 reads: one case and 4 o’clock in the afternoon leagues and spectators in the galleries No bill to increase revenue shall become in the other. So it would fluctuate. It came to their feet to give the Ten- law unless approved by a majority of the whole number of each House by a rollcall is not an exact number. It will float nessee veteran a roaring ovation as he vote. from day to day and from hour to hour, sat in his front-row seat. Baker joined depending upon the clock and the cal- in the light laughter saying, ‘Frankly, What the proponents of this amend- endar. I first thought that applause was for ment are doing is making it more dif- Section 5 states: me. But then I realized that it was for ficult for Congress to close tax loop- The Congress may waive the provisions of sine die adjournment.’ ’’ holes—to get rid of what are called tax expenditures. Mr. President, that little this article for any fiscal year in which a ‘‘Following the vote on the debt declaration of war is in effect. The provisions limit, Senator DANIEL PATRICK MOY- piece of the economic pie amounts to about $500 billion in lost revenues of this article may be waived for any fiscal NIHAN said, ‘For 4 years, Republicans year in which the United States is engaged have always made us Democrats pass a every year. This is not to say that all in military conflict which causes an immi- debt limit. Then they campaigned of these tax writeoffs are bad policy. nent and serious military threat to national against it. Now it’s their debt limit. Certainly the mortgage interest deduc- security and is so declared by a joint resolu- Let them pass it.’ ’’ tion has allowed many more Americans tion, adopted by a majority of the whole So those are the games that were to own homes than may have otherwise number of each House, which becomes law. played, and they will be played again. been the case. So, many of the write- Mr. President, Congress does not al- Section 3 of the amendment is as fol- offs are wholesome and healthful for ways declare war anymore. Even when lows: ‘‘Prior to each fiscal year, the the economy. But, at same time, some it does declare war, the declaration

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1261 may not necessarily be lifted when the Under the definition of section 7, So- This section amounts to nothing shooting stops. Congress declared war cial Security checks and veterans ben- more than a feel-good section. What against Germany in 1941. Not very efits, veterans pension checks, Medi- this is saying is that we can wait to ac- many Americans, and not all the Mem- care reimbursement checks—they are tually balance the budget. We do not bers of the U. S. Senate, perhaps, real- outlays. Does anyone dispute that? need to do it now, Mr. President. This ize that this declaration of war existed Those are outlays. The senior citizens year of 1997 may well be the most op- until September 28, 1990. Consequently, of this country and the veterans of this portune time in many, many years to if this constitutional amendment to country are being asked to accept on achieve a balanced Federal budget. The balance the budget had been a part of blind faith the fact that their Social President has submitted a budget that the U.S. Constitution during that pe- Security checks or their Medicare ben- is projected to balance by the year 2002. riod, the Congress could have waived efits will be secure if this constitu- We have already made substantial the balanced budget requirement every tional amendment is adopted here and progress toward that end. The deficit year for almost a half century—be- ratified later by the requisite number has already been reduced over 60 per- cause a declaration of war was ‘‘in ef- of States. cent in the last 4 years. It is time to fect,’’ technically. They are being told—Social Security finish the job that we started 4 years So, here again, this section requires a recipients are being told, the recipients ago and enact legislation that will ‘‘floating’’ supermajority, as did sec- of veterans checks are being told—that achieve a balanced budget by 2002, not tion 4, in order to receive the necessary even though the Social Security trust wait until 2002 to start to balance the approval by both Houses of Congress. fund is not specifically exempted from budget. If the Nation is not engaged in a con- the balance mandate, they have no So, Mr. President, when looked at in flict that causes an imminent and seri- need to worry, because Congress is on its entirety, this proposed constitu- ous military threat to national secu- record as agreeing to balance the budg- tional amendment amounts to nothing rity, then a three-fifths majority would et without touching the fund. more than constitutional flimflam, be required to waive the amendment The Balanced Budget and Emergency constitutional pap. If it is adopted, we for national security reasons. I would Deficit Control Act of 1985, commonly would have turned majority rule on its like to remind my colleagues just to known as Gramm–Rudman-Hollings, head and replaced it permanently with think back with me to the 1990–1991 placed Social Security off budget be- minority rule. And in the meantime, timeframe and recall President Bush’s ginning in 1986. This legislation, with we will have perpetrated a colossal military buildup in the Persian Gulf. its protections for Social Security, hoax—h-o-a-x—on the American peo- Prior to the actual Desert Storm en- passed the Senate by a vote of 61 to 31 ple, and our children will have been with a strong bipartisan majority. The gagement, a very expensive military robbed of their birthright to live under Budget Enforcement Act of 1990 rein- buildup was necessary to provide the a constitutional system of checks and forced these earlier protections for So- materiel and the personnel to conduct balances and separation of powers. that conflict. Under this constitutional cial Security by placing it even more We have all heard the moaning and amendment, should a similar situation clearly off budget. What the American groaning, the shedding of tears about arise, the President would be required people are not being told by the pro- our children, how they are going to to achieve a three-fifths majority of ponents of this amendment, however, is bear the fiscal burden that has been that a mere statute—a mere statute— both Houses in order to enact into law placed upon them. I share that feeling. protecting Social Security is subordi- a waiver under section 1 because the I voted for the package in 1993 that re- nate to the Constitution of the United waiver under section 5 would not be ap- duced the Federal deficit by $500 bil- plicable, in that we would not be ‘‘en- States, which is the supreme law—the lion, something like that, $500 billion, gaged’’ in a military conflict; we are supreme law—of the land. It will top, it which has resulted in four consecutive just getting ready for one. We are just will trump any statute. The supreme years of reduced deficits. rolling up our sleeves. We are just pre- law. Here it is, the Constitution of the I voted for that. No Senator on that United States. Tops any statute. paring. We are getting things all lined side of the aisle can say that he voted Nor would the good intentions of the up, but we are not actually in a mili- or she voted for that. They will say, present Congress be binding on future tary conflict. But that has to be done ‘‘Well, the reason I didn’t is because it because you cannot provide the mate- Congresses. I say to the veterans and to increased taxes.’’ Well, that may be riel, the equipment, the engines of war the senior citizens of our country, be part of the pain that we will have to just overnight. Furthermore, under on your guard. If this proposal becomes undergo to relieve that burden from section 5, a three-fifths majority could a part of the U.S. Constitution, your checks—your checks—will be at risk of our children’s backs. be required to increase military spend- I do not think the President should ing to deter aggression, provide mili- being reduced in the future. Finally, Mr. President, section 8 be advocating tax cuts now. I do not tary aid to our allies, or to rebuild think that the GOP, the grand old forces after a military conflict. says: party, should be advocating tax cuts at Until such a three-fifths majority is This article shall take effect beginning this time. Forget about the tax cuts achieved, what happens to the Nation’s with fiscal year 2002 or with the second fiscal defenses? What happens to our national year beginning after its ratification, which- and relieve the burden on our chil- security? Will our allies be able to ever is later. dren’s backs by that much. I am concerned too about my grand- count on the United States to stand Which means simply that it can’t children and my great grandchildren shoulder to shoulder with them if a ne- take effect prior to fiscal year 2002. So and their children, that they will not cessity for such should materialize in those of us who are up for reelection in live under a Constitution such as that the future? the year 2000 could, if it was our desire, Will they have any confidence that vote for this amendment, go on home, which was handed down to us by our the United States will act? They have sit in the old rocking chair, and just forefathers. to be more confident than I am con- rock away, because the hammer isn’t But let me remind my colleagues who fident that the three-fifths vote would going to fall on me. This thing will not may be listening, let me remind the be here in this Senate. go into effect until 2002, at the earliest. American people who may be listening, Section 7 states: What does that mean? That also this amendment does not require that Total receipts shall include all receipts of means that Members of the House and the budget be balanced. It does if we the United States Government except those Senate will be relieved of the pressure only look at section 1. But when we derived from borrowing. until 2002. So we can just go on our look at the amendment in its entirety ‘‘Total receipts shall include all re- merry way. It will all be taken care of, and go down to section 6, we realize ceipts of the United States Govern- it will all become automatic, this is full well that it does not mean that. We ment except those derived from bor- self-enforcing, it’s automatic. The sky are only required to balance the esti- rowing.’’ is falling; the debt is bad; the deficit is mates, the estimates of revenues, the Total outlays shall include all outlays of terrible; just vote for the constitu- estimates of outlays. So what this the United States Government except for tional amendment to balance the budg- amendment does is require us to bal- those for repayment of debt principal. et; it’s just that simple. ance the estimates.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1262 CONGRESSIONAL RECORD — SENATE February 12, 1997 Mr. President, I am reminded of Pla- which really is not a debate at all. It Let us all come out of the cave and to’s Allegory of the Cave. In his ‘‘Re- has not been thus far. Maybe it will be- not fear or shrink from the bright rays public,’’ Plato, in a dialogue with a come one. If it were a debate, the pro- of the Sun on the language of this friend, speaks of human beings living ponents would be on the floor, even amendment. in a cave, with their legs and their now, challenging the conclusions that I AMENDMENT NO. 6 necks chained so that they can only have drawn and expressed and telling (Purpose: To strike the reliance on esti- look toward the rear of the cave. They me that I have not been reading the mates and receipts.) are prevented by the chains from turn- amendment correctly—‘‘No, the Mr. BYRD. Mr. President, I ask unan- ing around, from turning their heads amendment does not say that,’’ they imous consent I may offer an amend- toward the entrance of the cave. And should be saying—in which I have pro- ment at this time and that it be laid above and behind them is a fire blazing, claimed it to be a fraud. aside pending the consideration of causing shadows to appear on the walls Elijah smote the waters of the Jor- other amendments that may have been of the cave, the shadows creating dan with his mantle and the waters introduced already. strange images that move around the parted, and he and Elisha crossed over The PRESIDING OFFICER (Mr. walls, as the flames flicker and as men the Jordan on dry land to the other ASHCROFT). Without objection, it is so and objects pass between the fire and side of the Jordan. I have seen that old ordered. the human beings who were chained. river of Jordan, one of the great rivers Mr. BYRD. Mr. President, I shall The den has an echo which causes the of the world. I thought it was going to read the amendment: prisoners to fancy that voices are com- be a wide, deep river. Not a wide river. On page 3, strike lines 12 through 14 and in- ing from those moving shadows. Not a deep river. Some places it might sert the following: At length, one of the human beings is be 2 feet deep, that great old river of Section 6. The Congress shall implement liberated and compelled suddenly to Jordan. this article by appropriate legislation. stand and turn his neck around and I bet my friend here sings songs Mr. President, that does away with walk toward the cave’s entrance, walk about that old river of Jordan. balancing by estimates. toward the light at the entrance. As he On Jordan’s stormy banks I stand, The PRESIDING OFFICER. The is compelled to move toward the cave’s and cast a wishful eye clerk will report. opening, he suffers pains from the light To Canaan’s fair and happy land The legislative clerk read as follows: of the Sun and is unable to see the re- where my possessions lie. The Senator from West Virginia [Mr. alities, unable to see the realities of So Elijah smote the waters with his BYRD] proposes an amendment numbered 6. On page 3, strike lines 12 through 14 and in- which in his former state he had only mantle and the waters parted, and he and Elisha crossed over on dry land to sert the following: seen the shadows. He even fancies that ‘‘SECTION 6. The Congress shall implement the shadows which he formerly saw the other side of the Jordan. This con- this article by appropriate legislation. were truer than the real objects which stitutional amendment will never be Mr. BYRD. Mr. President, I will be are now revealed to him. the mantle that will part the waters of happy to consider a time limit on this He is reluctantly dragged up a steep political partisanship and divisiveness, amendment and vote on it on a future and rugged ascent until he is forced ‘‘cooked numbers,’’ and doctored esti- day. I am agreeable to trying to work into the presence of the bright noon mates so as to provide a path across out a time limit at some point. I just day sun and he is able to see the world the river of swollen deficits to the dry offer it today so that it may be made land of a balanced budget on the oppo- of reality. part of the RECORD and may be printed Mr. President, as I listened to my site banks of the stream. Where are and that we may, then, with this un- colleagues who are proponents of the those who will challenge what I have derstanding, return to it at a future balanced budget amendment, I hear said about section 6, who will say that day. them year after year urging support of I am wrong about this amendment’s I yield the floor and I suggest the ab- a constitutional amendment, and they unworthiness of being placed in the sence of a quorum. use the same old arguments year after Constitution, who will cite the errors The PRESIDING OFFICER. The year. They must be getting tired of of my argument and explain to this clerk will call the roll. hearing those arguments over and over. Senate the amendment, section by sec- The legislative clerk proceeded to I know I am tired. They seem never to tion, and explain why this amendment call the roll. view the amendment with reality but will work, how it will work, where the Mr. LEAHY. Mr. President, I ask always with their backs turned toward cuts will be made, and how the reve- unanimous consent that the order for the light and their faces turned toward nues will be increased. All of these the quorum call be rescinded. the darkness, as it were, of the rear of good things do not just happen once The PRESIDING OFFICER. Without Plato’s allegorical cave. As in his Alle- the amendment is added to the Con- objection, it is so ordered. gory, they seem to be impervious to a stitution. Mr. LEAHY. Mr. President, the dis- realistic view of the amendment, but If this amendment is the panacea tinguished Senator from West Virginia continue to insist that it is really the that so many in this body claim it to has done a service to this body, as he elixir, the silver bullet, and they seem be, then certainly it could stand the has for so many years in so many dif- to resist holding it up to the light but scrutiny of point-by-point, section-by- ferent issues at so many different prefer, instead, to concentrate on its section debate. It is flawed, as I be- times. shadows, its feel-good platitudes. lieve, and if it is flawed, as I believe, In part of this debate over the last 2 I view the amendment as a flick- we must dare to hold it to the light and days, I have on more than one occasion ering, unrealistic image on the walls of expose it. The American people should urged the proponents of this constitu- the cave of politics. Most of the pro- not be sent such a far-reaching amend- tional amendment to step up to what I ponents of the amendment are unwill- ment without an exhaustive discussion call the Byrd challenge. I know the dis- ing to take a look at the amendment, of the havoc that it could create. tinguished senior Senator from West section by section, phrase by phrase, This is not a campaign slogan—‘‘pass Virginia knows that I say that most re- clause by clause, and word by word, the balanced budget amendment.’’ It is spectfully because when the distin- preferring to live with the image that not a Madison Avenue jingle designed guished Senator from West Virginia has so long been projected to the over- to sell soap. Why not just put it on the lays down a challenge on a constitu- whelming majority of the American bumpers of our automobiles as a bump- tional issue, every one of us, Demo- people by the proponents of the amend- er sticker—‘‘pass the constitutional crats or Republicans, should pay atten- ment. It is a feel-good image that will amendment.’’ This is an amendment to tion because what he is doing is chal- not bear the light of scrutiny, and the the most profound and beautifully lenging the U.S. Senate to rise above echoes that come back from the walls crafted Constitution of all time. And politics, rise above polls of the mo- of the cave of politics are the magic in- we owe the American people the best, ment, but to stand up for our Constitu- cantations that we hear over and over most thorough debate on its provisions tion for the ages. Polls come and go. and over again in this so-called de- of which we are capable as lawmakers Polls change. The Constitution stands bate—‘‘vote for the amendment’’— and as their elected representatives. for the ages.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1263 I think of the vote as the war clouds I thank the distinguished Senator That is the problem. We can all have gathered in Europe before World War from Vermont. our disagreements about the particu- II, the vote to extend the draft, I be- Mr. LEAHY. I thank the distin- lars. But in the final analysis what is lieve it was by one vote. Those who guished Senator from West Virginia. I required in a balanced budget amend- voted to extend the draft cast a very close only with this: None of us in this ment is that you have to agree to the unpopular vote for the most part. body owns a seat in the U.S. Senate. bottom line. There is a bottom line. Where would democracy be today if We are privileged and honored to serve What this amendment says is that they had not had the courage to step here at the time we are here, and then total outlays will not exceed total re- beyond the polls of the moment? Look we go on. But our Constitution does ceipts in any fiscal year. I know that is at the Marshall plan. I remember own a place in our country. It has been a concept that is difficult to under- former President Nixon telling me that amended only 17 times since the Bill of stand in this institution because it is he remembers 11 percent of the people Rights. We should never rush pell-mell nothing that we have ever been re- in this country were in favor of the into an amendment to this Constitu- quired to do. What we feel is important Marshall plan, but if Harry Truman tion without thinking through the con- to the security interests of this coun- had not had the courage to push for- sequences. try is to ensure that we have balanced ward and had not Members of this body Mr. President, I suggest the absence budgets in perpetuity. and the other been willing to stand up, of a quorum. Almost every State in the country is we would not have had the democracy The PRESIDING OFFICER (Mr. ROB- required to have a balanced budget. stand where it does today. ERTS). The clerk will call the roll. Yes. Most of them are required to bal- If this great country, the greatest de- The bill clerk proceeded to call the ance their budgets because of a con- mocracy, the most powerful economy, roll. stitutional amendment in their State the most powerful Nation in history, Ms. SNOWE. Mr. President, I ask constitution, like my State of Maine. hamstrings itself into something in the unanimous consent that the order for My husband served for 8 years as Gov- Constitution where it cannot reflect the quorum call be rescinded. ernor. Believe me, they didn’t argue basic economic realities, those of us The PRESIDING OFFICER. Without with particulars of the constitutional who succumb to the passing moments objection, it is so ordered. amendment. They understood what of a poll may regret, and our children Ms. SNOWE. Mr. President, I think it they had to do because they took an may regret, that we did not listen to is important for the American people oath of office as each and every one of the Byrd challenge. to know how significant and important us does in the U.S. Senate and the U.S. I repeat what I said before many this debate is on the constitutional House of Representatives. We are re- times, the Byrd challenge is here. I ask amendment to balance the budget. I quired to uphold the Constitution of proponents of this constitutional served 16 years in the House of Rep- the United States as each and every amendment to focus on the words of resentatives and am now in my third Governor is required to uphold their this proposed amendment, explain year in the U.S. Senate. Some have ar- State constitution. what they mean, explain how this pro- gued that when we debate this amend- So what they did in good faith is posed constitutional amendment will ment, we are hearing the same old ar- reach an agreement on a budget, and in work. Senator BYRD has explained this gument over and over again. That is their case a biennial budget. Yes, if amendment word by word, section by true, because we have the same prob- their estimates were wrong, they made section, phrase by phrase, and what he lem year in and year out. That is why adjustments. Their constitutions are has done is asked the obvious ques- those of us who support a constitu- not prescriptions for perfection. It is tions—what does it mean? tional amendment feel so strongly an attempt to comply with the con- Mr. President, we are in this Cham- about the necessity to have this stitution. That is what the Governors ber, the Chamber that shows respect amendment in the Constitution of the and the State legislatures do all across for silence, for the silence is thun- United States because it will ensure the country. If their estimates are dering in response to the distinguished stability and security for the future of wrong, if their projections for interest Senator from West Virginia, because this country and for our children and rates, unemployment rates, or infla- there has been no response to his ques- our grandchildren. tion rates are wrong, they make ad- tion, what do these phrases mean, what Having served in this overall institu- justments throughout the year or at do these words mean, what do these tion for 19 years now, we have heard the end of the year, because they un- sections mean? the debate on the constitutional derstand they are required to balance Mr. BYRD. Would the distinguished amendment. This is about our eighth the budget. Senator yield? time in either the House or the Senate, So, I find it sort of nothing short of Mr. LEAHY. I am happy to yield to or both, that we have been debating extraordinary that we sit here and the Senator. this issue. Guess what? Each and every argue, ‘‘Well, this amendment is pro- Mr. BYRD. I thank the distinguished time we have heard the same argu- viding too much flexibility because we Senator. I hope that Senators will look ments over and over again as to why are relying on estimates.’’ Yet, on the carefully at section 6 of the proposed we don’t need a constitutional amend- other hand we are facing numerous constitutional amendment and that ment, that it is not necessary, that we challenges and propositions to a con- they will also look very carefully at can do it on our own, that if only we stitutional amendment to balance the the words of the committee report, had the will or the discipline, we could budget that would enhance our flexi- which deals specifically with section 6. enact a balanced budget, that it is sim- bility because there are those who The distinguished Senator from ply not necessary. Well, if that was the argue, from across the aisle and other Vermont is on the Judiciary Com- case, why then don’t we have a bal- opponents, who say, ‘‘Well, a constitu- mittee. He wrote some differing views anced budget? Why is it that we are tional amendment is too restrictive, we from those of the majority of the com- still trying to enact a balanced budget? can’t respond to circumstances such as mittee, and they are printed in the Why is it that we are still trying to recessions or downturns of the econ- committee report. But inasmuch as my reach an agreement with the President omy, a national economic emergency amendment strikes most of section 6, I of the United States on a balanced of some kind.’’ So we are getting it hope that Members—and I particularly budget? from both sides—from those who say it call to the attention of new Members of The President said the other day in is too restrictive and other opponents the body, section 6 and the language in his State of the Union Address, ‘‘We who argue saying it isn’t restrictive the report which provides the loopholes don’t need to rewrite the Constitution enough. That is the problem here. Be- that will give us all a way out of hav- of the United States. All we need is cause in the final analysis, if we are ing to live up to this constitutional your vote and my signature.’’ Well, we truly interested in ensuring that we amendment give us a way out of having gave him our vote on a balanced budg- balance our budget, I suggest that we to balance the budget, in the event et. It was submitted to the President of could overcome our institutional oppo- that it is adopted by both Houses and the United States last year. Guess sition by passing a constitutional ratified by three-fourths of the States. what? We didn’t get his signature. amendment to balance the budget.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1264 CONGRESSIONAL RECORD — SENATE February 12, 1997 As I have said in the past to those portant. I do not doubt for a moment The point is that this balanced budg- who argue that, ‘‘Well, it is just really that it is difficult to reach an agree- et is crucial to American families be- a gimmick,’’ if there was a gimmick, ment among 100 Senators or 435 Mem- cause it means more income in their Congress would have passed it long ago bers of the House, so a total of 535, plus pockets. That is the bottom line. That because Congress loves gimmicks. But the President of the United States. But is the mathematics of it all, because this constitutional amendment isn’t a there has to be some give-and-take in the less the Government spends, the gimmick. It is an attempt to put our this process, some flexibility in order less it borrows, the more money Amer- fiscal house in order. to reach the bottom line. Unfortu- ican families will have in their pock- It is interesting. We get this coming nately, we have too much flexibility ets. That means savings to them. It and going, if you listen to the debate. because we are not required to balance means their car loans, their student We have charts that show declining the budget. Oh, sure, we have some loans, their mortgages will be less cost- deficits. But what about the charts statutes, but Congress has long ignored ly. That is a fact. In fact, all combined, that show the deficits moving up be- those statutory requirements to bal- they could realize a savings of $1,500 a yond the turn of the century and even ance the budget—long ignored them. year because interest rates will be less. before that time? We will be required That is why a constitutional amend- That is real money to the average in the year 2002 alone to reduce the def- ment is so important. American family. It is less money they icit to balance the budget by $188 bil- I frankly think there is no greater have to give to their Government. It is lion. But the opponents will not tell issue, no issue more central to the eco- more money that they have to spend. you about the deficits in future years nomic future of our country as well as Frankly, that is what this debate is all that will double and triple—double and to our children and to our grand- about, how we can improve the stand- triple. In the year 2025 alone, the def- children than balancing the budget. I ard of living for American families and icit will be in that one year alone $2 know the administration is touting an begin to think about our priorities here trillion. You know 2025 isn’t that far economic recovery, but I have to tell in the Congress and the priorities for away, if you think about your children you there are not a lot of people in my our Nation. But when you do not have and your grandchildren and the stag- State participating in a full economic to meet a bottom line like every fam- gering debt that they will be required recovery. Many people are feeling very ily does in America, every business, to assume because we are just passing anxious about the future, about their every State, you do not have to think it on. children’s future. The overwhelming about what is a priority anymore. You In fact, if we do not manage this majority of Americans—in fact, some do not have to think how well or effi- debt, the next generation will be re- polls say as high as 88 percent—have ciently or effectively we will spend the quired to pay an 82-percent tax rate said that they do not believe the next hard-earned taxpayers’ dollars. We just and see a 50-percent reduction in their generation will achieve the American do not have to think about it because benefits. And that is a fact. dream. we can just incur deficits year in and I say that is disheartening, and yet I Are we not required or obligated to year out. Even the President’s budget can understand why people would feel address that question? An 82-percent that he submitted to the Congress last pessimistic, because they know they tax rate and a 50-percent reduction in week adds another $1 trillion over the are working hard to try to make ends benefits. That is what we are leaving to next 5 years. And that is supposed to be meet, and they know their children the next generation. I know I and oth- a balanced budget. will be working hard to make ends ers as strong proponents of this amend- That is what we are talking about. meet in order to maintain a decent ment share a true responsibility to So that is why I happen to think a con- standard of living. stitutional amendment to balance the begin to address this question. I would We have heard, well, household in- like to think that we have faith in this come is up. But the real household in- budget is the only course of action that institution sufficient enough to know come in America today is down below we can take to ensure prosperity for that this can happen. But it will not the levels of 1990 when we were facing the future. I know we can have our differences, and it has not. a recession. And certainly my State but in the final analysis we ought to The last time we balanced the budget and New England, California were the agree that this is the one step we can in the U.S. Congress was the same year hardest hit regions in this country. But take. A balanced budget will be great that Neil Armstrong landed on the that is because there are more people for American families. It will be great Moon. That is what these 28 unbal- working in the family today; they are anced budgets on this desk represent. having more jobs in order to make ends for America because it will expand eco- That is the point. Since 1950, we have meet. nomic growth, and economic growth is only had five surpluses—five. In a cen- There was a cartoon last year show- the engine that drives a healthy econ- tury, practically speaking, 27 times. ing the President touting the millions omy. It will help to increase wages, That is the track record. That is the of jobs that had been created, and the create more jobs, unleash millions, bil- historical track record. waiter serving him lunch said, ‘‘Yeah, lions of dollars in capital to allow this Is that the gamble we want to take and I have four of them.’’ That is the country to expand and to grow. I do not for the next generation? I say not. And point. People are having to work think we ought to accept budgets that that is why I am prepared to take the longer and harder than ever before to compromise our economic standards, risk in terms of the interpretation of a make ends meet. our economic opportunities, because constitutional amendment to balance So then you look at the tax burden. that is what unbalanced budgets do. We the budget, because it is that impor- We have heard a lot of discussion about are facing a very competitive future in tant to our future. And so each and taxes. The tax burden is high. It now this global economy. The American every time we hear everybody saying: represents 38 percent of a family’s in- people understand that. They under- ‘‘We can do it; it is important, I agree; come—more than food, shelter, and stand that, and they are worried be- we should have a balanced budget; we clothing combined. So not only are cause they are not certain how their can do it on our own,’’ just think for a people working longer and harder in children will be able to prepare for that moment. We have not had one since more jobs, but also they are facing a competitive economy. 1969. rising tax burden. That is why education has become a The fact is we cannot even agree Then we hear about economic central issue and a central part, I statutorily. We had that debate last growth, and we have seen the projec- know, of our agenda here in the Sen- year for a long time. In fact, a group of tions for the future—2.3, 2.1, 2.5, but ate, and a central part of the Presi- us on a bipartisan basis offered our own the average projected growth for Amer- dent’s agenda—because we are going to plan to try to serve as a catalyst for ica in the next 5 years is about 2.3 per- have to prepare to make investments this debate. In fact, we received 46 cent. If we had had that growth rate for in education, not only for the basic votes. And I did not like everything in the last 30 years, we would not have education needs of Americans but also that budget, I have to tell you. But I achieved today’s economy until the in continuing education so they are was willing to agree to it because I year 2003. We would have had 13 million constantly prepared for the changes in thought the bottom line was that im- fewer jobs in America. skills and technology. But, in order to

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1265 make those investments, we have to The PRESIDING OFFICER. Without guage is not one bit constructive. It set priorities in our budgets. We have objection, it is so ordered. would not fix Defense’s crumbling ac- to have more money to spend. That is Mr. GRASSLEY. I thank Senator counting system. It would merely con- why I think balancing the budget and HATCH very much for taking care of done and perpetuate crooked book- investing in education are not mutu- that, Mr. President. I appreciate that keeping practices. ally exclusive goals; that you can be very much. Since raising this issue here on the fiscally responsible but at the same The PRESIDING OFFICER. The Sen- floor, I have exchanged letters with Mr. time be visionary, be compassionate ator from Iowa. Hamre. I ask unanimous consent that about the investments that we need to Mr. GRASSLEY. Mr. President, the correspondence be printed in the make as priorities for America. That is Senator from Maine had a very good RECORD. what a constitutional amendment to statement that we all ought to take There being no objection, the letters balance the budget will do, because it cognizance of, and that is based on her were ordered to be printed in the will require us to do it each and every experience, being that her husband was RECORD, as follows: year, to examine and reexamine our Governor of Maine and they had to live UNDER SECRETARY OF DEFENSE, Washington, DC, January 29, 1997. priorities and how well these programs within a balanced budget, year after Hon. CHARLES E. GRASSLEY, are functioning. year after year. It does force discipline U.S. Senate, We have an obligation to make sure upon policymakers. She gave an elo- Washington, DC. that every dollar that is spent is spent quent statement from that point of DEAR SENATOR GRASSLEY: I was astounded wisely and efficiently. Under the cur- view, as well as a lot of other good rea- yesterday to see that you went to the floor rent budget process, there is no such sons why we need a constitutional of the Senate to personally attack me. You requirement. amendment to balance the budget. made no effort to discuss your concerns with John F. Kennedy once said, ‘‘The me either directly or through your staff. You f did not contact me to ask me to explain my task of every generation is to build a FINANCIAL ACCOUNTABILITY AT position on a draft proposal circulating with- road for the next generation.’’ I cannot DOD in the Department for comment. And the think of a more important road than ‘‘concerned citizen’’ you cite in your letter the one that leads to fiscal security for Mr. GRASSLEY. I want to speak on a who provided this information has never con- future Americans. We have no less an problem that I have been speaking tacted me. This was a Pearl Harbor attack, obligation to ensure that, because about in the Department of Defense, and I am very disappointed in it. Frankly, we have done more in the past 3 never before has one generation deliv- but it also emphasizes the need for hav- ing a balanced budget, because the she- years to clean up financial management ered to the next generation a lower problems in the Department than anyone standard of living. But we are in dan- nanigans that go on in the Defense De- else has done in the past 30 years. Secretary ger of doing that now, and that is why partment would not go on if we had Perry deserves high praise for making this a I think it is so important that we grap- more discipline in this town in regard priority. I have certainly dedicated myself to ple with reality and reach the conclu- to the expenditures of taxpayers’ this task. You can ask any objective indi- sion that the only way we can ensure money. vidual in town and they would tell you we that prosperity and security for Ameri- On January 28, I spoke here on the have made enormous progress. floor about irresponsible financial ac- In the past 3 years we have closed over 230 cans is by enacting a constitutional inefficient accounting offices and consoli- amendment to balance the budget. counting policies being pursued over at dated them into new operating locations I yield floor. the Department of Defense. This policy with improved business practices and equip- Mr. GRASSLEY addressed the Chair. is the responsibility of the chief finan- ment. We have closed over 300 payroll offices The PRESIDING OFFICER. The Sen- cial officer at the Pentagon. The per- and transferred accounts from some 25 old ator from Iowa is recognized. son holding that position now is Mr. outdated payroll systems into a new modern Mr. GRASSLEY. I see several of my John Hamre, but it would be applicable system with a 500 percent improvement in to anybody holding this position. The productivity. We have reduced problem dis- colleagues are waiting. I am only going bursements by over 70 percent in 3 years. We to speak 6 or 7 minutes. Do I have to chief financial officer is supposed to be have instituted new policies that freeze ac- ask unanimous consent? tightening internal controls and im- tivity on accounts that are in deficient sta- The PRESIDING OFFICER. The proving financial accounting. That is tus, and I am forcing the Services to obligate Chair will observe that at 1:30 the Sen- exactly why we passed, in 1990, the funds to cover negative unliquidated obliga- ate will proceed, under the previous Chief Financial Officer’s Act. Mr. tions. We are prevalidating all disburse- order, to the Dodd amendment for 4 Hamre should be cleaning up the books ments of funds for all new contracts and hours. at the Pentagon and watching the have lowered the prevalidation threshold on existing contracts. Mr. GRASSLEY. I will just take money like a hawk. If that had been Yet without even offering to discuss the what time is left. the case, we would not need to have a issue with me, you blast me from the floor of Mr. DORGAN. If the Senator will constitutional amendment for a bal- the Senate, claiming I am ‘‘ready to throw in yield for a question? Mr. President, the anced budget, if we had been doing that the towel’’ on financial management reform. Senator indicated he wished to speak properly over the last 25 years. That is nonsense, and I am disappointed that for 6 or 7 minutes. The Senator from Sadly, the job is not being done. To you would suggest it. I don’t blame you per- North Carolina, apparently, wishes to make matters worse, the bureaucrats sonally. I worked for the Senate for 10 years and I know how busy Senators are. I know speak for 3 minutes, and I had come to are pushing a new policy on progress that you are often given material by staff the floor wanting to speak also on the payments that will loosen internal con- who represent the fact as correct. But it is legislation. trols and cook the books. This new pol- disappointing that you would not even ask I ask the Senator to propound a icy is embodied in draft bill language me to come over to discuss it with you. After unanimous-consent request that he that was being circulated in the Pen- you had heard my side, it would be perfectly speak for 7 minutes, the Senator from tagon for review as recently as Janu- fair for you to blast me if you still disagreed. North Carolina follow for 3 minutes, ary 30. I expressed my concerns about But you didn’t even ask me to meet with you. after which I be recognized. the new policy in my statement on For the record, the language which you The PRESIDING OFFICER. The January 28. In a nutshell, this is what criticized has nothing to do with the M ac- Chair would observe that we would I said then and it is still appropriate count as you allege. It would not ‘‘thumb our need unanimous consent to deal with today: nose’’ at the appropriations process or the the Dodd amendment, as to whether or I am afraid that this new draft lan- law as you state in your speech. It would not not that time would be extended. guage would subvert the appropriations pool funds at the contract level. This lan- Mr. HATCH. Mr. President, I ask process that is so key to keeping tight guage merely clarified that progress pay- unanimous consent that time be taken control on how the taxpayers’ dollars ments are a financing device to lower bor- out of both sides equally in the Dodd are expended by the Congress of the rowing costs. In their 40 year history, progress payments were never designed to do amendment, because I think we have United States. anything other than finance a contract. more than enough time. If we need I even alerted the chairman of the Every progress payment we make is linked more time, we will ask unanimous con- Appropriations Committee to the bad directly to the source funds identified to the sent to get more. aspects of this language. The new lan- contract, and detailed audits are conducted

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1266 CONGRESSIONAL RECORD — SENATE February 12, 1997 before the contract is closed. We don’t reim- I made no effort to discuss my concerns with This provision, if approved, would signifi- burse contractors for the full costs they you either directly or indirectly through my cantly loosen controls over progress pay- incur precisely to guarantee that we don’t staff? And why didn’t you react and respond ments. DOD progress payments total about overpay contractors. This language was de- to my concerns? You should have called me $20 billion per year. A copy of the proposed signed to clarify a problem we have with and asked to see me. My door is always open language is attached. progress payments. Progress payments can- to you. First, the Inspector General (IG) has been not be linked to funding sources unless the John, you know that when I am disturbed keeping a close eye on this whole problem acquisition community mandates that every about some development at the Pentagon, I for a number of years. IG audit reports con- contractor in the country change its ac- usually go to the floor and talk about it. My sistently show that the department regu- counting systems to accommodate DoD fis- staff informed one of your other congres- larly violates the laws that the proposed lan- cal law prohibitions and invoice us in terms sional liaison officers—‘‘Hap’’ Taylor—that I guage would undo. This is like legalizing the of congressional appropriation categories. was planning to do exactly that. When I do crime—instead of trying to fix the problem. That would not be good business sense and it, it is usually an unpleasant experience for Second, this proposal is inconsistent with violates the underlying purpose of progress some. But it’s unpleasant only for those who Comptroller Hamre’s commitment to begin payments. fail to be responsible and accountable for the the process of matching disbursements with Next time, Senator Grassley, please con- taxpayers’ money. Since I am not a member obligations before a payment is made. In last tact me first before you attack me on the of the Armed Services Committee, I think of year’s Report No. 104–286 (pages 18–19), your floor of the Senate. You actually set back fi- the floor as my committee forum for defense Committee directed Mr. Hamre to develop a nancial management reform by your attacks issues. detailed plan, including dollar thresholds because people pull back from actions just to John, you owe me two things. First, you and milestones, for eliminating all problem avoid the criticism. owe me an explanation. If Captain disbursements. The attached language would Sincerely, Nowakowski is tell the truth—and I believe put that whole idea on a back burner indefi- JOHN J. HAMRE. he is, then you need to explain the inac- nitely. curate assertions in your letter. Second, you Third, the attached language would sub- U.S. SENATE, owe me an apology. vert the appropriations process. If DOD is to Washington, DC, January 30, 1997. I look forward to your response. be authorized to merge and pool acquisition Hon. JOHN J. HAMRE, Sincerely, monies—R&D and procurement funds—at the Under Secretary of Defense, 1100 Defense Pen- CHARLES E. GRASSLEY contract level, then Congress must make tagon, Washington, DC. U.S. Senator. some kind of corresponding adjustment in DEAR JOHN: I am writing in response to the way those monies are appropriated. To your letter of January 29, 1997, expressing UNDER SECRETARY OF DEFENSE, do otherwise might make the appropriations anger and disappointment about my recent Washington, DC, January 30, 1997. process irrelevant somewhere down the road. speech on the floor of the U.S. Senate about Hon. CHARLES E. GRASSLEY, I would like to ask you to urge Mr. Hamre the lack of ‘‘Accountability at the Depart- U.S. Senate, to reconsider the attached proposal and ment of Defense.’’ Washington, DC. search for a better way to solve the problem. Your anger and disappointment seem to DEAR SENATOR GRASSLEY: I have received Ted, there is obviously a problem in the pay- flow from one main source. You think I made your January 30 letter demanding an apol- ments process. We need to understand the no effort to discuss this matter with you be- ogy. I am sorry that I won’t do that because problem before we try to fix it. fore blasting you on the floor of the Senate. I believe I am the wronged party. You blast- Sincerely, You state, and I quote: ed me on the floor of the Senate and I wrote CHARLES E. GRASSLEY, ‘‘You made no effort to discuss your con- you a personal letter. It seems to me that a U.S. Senator. cerns with me either directly or through modicum of decency would hold that if you your staff. You did not contact me to ask me intend to criticize me by name on the floor of Mr. GRASSLEY. Mr. Hamre’s letters to explain my position on a draft proposal the Senate, I should have a chance to talk tell me that he may not understand circulating within the Department for com- with you first before you do that. Yet you this issue. He seems confused. It is con- ment.’’ didn’t do that. fusion like this that dictates more fis- John, that statement is totally false, and I You state in your letter ‘‘I did everything cal discipline in this town, and that demand an apology. humanly possible to communicate my con- can only come from a constitutional As soon as the draft language on progress cerns directly to you.’’ I really don’t know amendment requiring a balanced budg- payments came to my attention, my staff how you can conclude that. On two separate contacted your personal office directly at occasions in the past I had breakfast with et. 703–695–3237 to express concern about it. That you. I have spoken with you in previous oc- His letter of January 29, I think, con- was the very first thing we did. My staff was casions on the phone and at hearings. I have tains two contradictory statements. In informed that you were out of the building repeatedly stated my willingness to meet one breath he says that payments and on travel and to call Navy Captain Mike with you at any time. You have written me appropriations are in sync. In the next Nowakowski, one of your congressional liai- numerous letters and I have written back. breath, he admits that payments and son officers. That was done immediately. Ini- Yet on this occasion you did not call my of- appropriations are out of sync. tially, on January 14th, Captain Nowakowski fice, you did not ask me to come to meet But then he goes on to say that the reported that he could find no trace of the with you, you did not send me a letter out- draft language on progress payments but in- lining your concerns. cost of getting them in sync would just dicated that he would keep looking. At that My staff aid, Captain Nowakowski, told me be too high, that we cannot worry time, my staff communicated my grave con- that your staffer, Mr. Charles Murphy, had a about whether payments are matched cerns about the proposal in detail, including copy of this language and ‘‘had some serious with a particular product or a par- a warning that I would go to ‘‘battle sta- concerns.’’ At the time the document was in ticular invoice or appropriation ac- tions’’ if this language was, in fact, under ac- circulation for comment and did not rep- count. He says, ‘‘that would not be tive consideration. When Captain resent Department policy. It is still in the co- good business sense.’’ It would place an Nowakowski was unable to locate the lan- ordination stage. We hadn’t decided on what guage, I was able to obtain a copy elsewhere. to do yet, so it was inappropriate to respond unfair burden on the contractors. My office faxed the document to him at 4:03 to a staff call expressing concerns on some- Just think, when it comes to match- pm on January 14th. During a subsequent thing that the Department had not adopted. ing disbursements of money with an in- conversation on January 22nd, Captain Even then, Charlie (whom I have known for voice, it might also place an unfair Nowakowski confirmed that the language 10 years and consider a friend) didn’t call me burden on contractors and government was indeed under review within the depart- or ask to meet with me to relay your con- accountants. ment. He also told me that he had personally cerns. So just what is the thinking of the briefed you on all my concerns. Senator, I do respect you, but I owe you no chief financial officer? Clearly, there is John, those are the facts. The facts show apologies. that I did everything humanly possible to Sincerely, a problem in the Department of De- communicate my concerns directly to you. JOHN J. HAMRE fense’s payment process. There is a Your letter is out of line and inconsistent major disconnect. On the one hand, we with the facts. U.S. SENATE, have a whole body of law governing the Furthermore, I believe Captain Washington, DC, January 27, 1997. use of appropriations; on the other, we Nowakowski is telling the truth. He briefed Hon. TED STEVENS, have payments for factory work that you in detail about my concerns. He made Chairman, Committee on Appropriations, U.S. are supposed to be matched with cor- that statement on January 22nd and recon- Senate, Washington, DC. firmed it again this morning. I shared my DEAR TED: I am writing to express concern responding appropriations. concerns with you—as best I could through about a legislative proposal that is under Unfortunately, the law and the pay- that unresponsive and cumbersome bureauc- consideration within the Department of De- ments just don’t mesh. They can’t be racy that is your office. So why did you say fense (DOD). reconciled. So long as the two are not

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1267 in sync, the Pentagon is operating out- ment’s unlawful payment process. Mr. 1983 and wound up in a lake surrounded side the law, and it doesn’t reflect the President, the inspector general told by fire in an airplane without wings. fiscal discipline that we need in this the Department to get on the stick, I want to stress the importance of town and that we would get with a con- obey the law, fix the problem. the commission’s call for rapid mod- stitutional amendment. Well, guess what? The big wheels ernization of our air traffic control sys- Unfortunately, the new policy in this over at the Pentagon nonconcurred tem. These efforts to upgrade the sys- draft language that is floating around with the IG. That means, take a hike, tem will necessitate certain costs, and the Pentagon does not put them back in other words. They said the payment no one in this city is more concerned in sync. It will keep them out of sync process was working just fine; it about the taxpayers than I, but the permanently. doesn’t need any fixing; don’t mess system is decades old and on the verge To understand the root cause of this with it. of collapse. problem, we need to step back in time. We should be thankful that the IG Mr. President, one of the better-kept Bureaucrats do not like it when con- had courage and did not back down. secrets around Washington seems to be gressional overseers revisit history, This dispute came to a head, after the $1.4 billion that we have squan- but that is what we need to do. We need years of talk, in March of 1993. There dered on a failed effort to upgrade the to revisit an old IG report, the inspec- was a high-level powwow at that time. aviation computer network over the tor General’s audit report dated March The financial wizards in the Pentagon last several years. IBM worked for 31, 1992. That is number 92–064. It is on got together and signed a peace treaty. years to create a modern air traffic the Titan IV Missile Program. They said, basically, obey the law. control computer system and spent That is where the problem was first They were given 120 days to do it. more than $1 billion of the taxpayers’ detected and exposed, and that is the The treaty was signed by: Ms. Elea- money. The exact figure is unclear, but problem the bureaucrats are trying to nor Spector, Director of Defense Pro- the contractors think—they think— cover up in this new policy. curement; Mr. Al Tucker, Deputy that they will be able to salvage some The Titan IV was not an isolated Comptroller; and Mr. Bob Lieberman, of this work—some of it—as the proc- case. Unfortunately, the practices un- assistant IG for auditing. ess starts anew. covered on Titan IV typified common Mr. President, 4 years have passed The system at O’Hare Airport in Chi- practices throughout the Department. since that agreement was signed. Those cago includes computers that are more This report showed the Defense Depart- same officials are still in the same than 30 years old, and, as you know, its ment regularly violates the laws that place. But nothing has been fixed. failures leave some air traffic control the draft language would undo. Instead Now, we have the DOD CFO telling us personnel with blank screens. The lives of fixing the problem, this proposed that nothing will be fixed. The status of the passengers are in the hands of language would legalize the crime. air traffic controllers hobbled by a sys- Mr. President, the laws that were quo will be institutionalized and legal- ized. Titan IV is the model for the fu- tem that is both inadequate and obso- violated were designed to protect Con- lete. ture. gress’ constitutional control over the The Federal Government called for CFO Hamre is responsible for this purse strings. Progress payments to installation of a Doppler radar system mess. Martin Marietta on the Titan IV con- to detect wind shear at airports around Why didn’t Mr. Hamre enforce the tract were made in violation of those the country. However, Mr. President, March 1993 agreement? What exactly laws. Those payments were made on a the system is operative at just a few has happened in the 4 years since the predetermined sequence of appropria- airports. This Congress maintains an tions. Those are words that mean the agreement was signed? How did we end obligation to the air passengers of this money was drawn from available ap- up where we are? country. Clearly, this obligation is not propriation accounts using a random We need to know the answers to yet met, and too much money has been selection process. these questions. We need to understand wasted. What a way—random selection to the problem before we try to fix it. As a member of the Transportation justify the expenditures of the tax- The PRESIDING OFFICER. The Sen- Appropriations Subcommittee, I intend payers’ money. That is a blatant viola- ator from North Carolina is recognized. to keep a keen eye on the dollars as I tion of the law. That is the inspector Mr. FAIRCLOTH. Thank you, Mr. always do, but I also want to see a general talking, Mr. President, not the President. Mr. President, I ask unani- cost-effective modernization of the sys- Senator from Iowa. mous consent to speak as in morning tem. We owe a safe system to the tax- Yet, as difficult as it may be to com- business for up to 5 minutes. payers. Their tax dollars are paying for prehend, this unlawful procedure was The PRESIDING OFFICER. Without it, and they are entitled to it, and they sanctified by Air Force Regulation 177– objection, it is so ordered. need it. It is incomprehensible that the 120, starting February 15, 1988. In other f computers at one the busiest airports words, that is an outlaw decree. AVIATION SAFETY in the world can go blank. This is a Congress appropriates money for spe- condition that boggles the mind. cific purposes. Those purposes are spec- Mr. FAIRCLOTH. Mr. President, the I believe the hiring policies of airline ified in law, and that is how the money White House Commission on Aviation companies and airports also merit seri- must be spent. That’s what the law Safety and Security is going to present ous thought. The airlines need to be says. The Pentagon bureaucrats prom- its recommendations to the President certain that the people who service and ise to straighten up this mess after the today, and I commend the commission maintain airplanes do not have ques- fact, down the road, after the money for its work and support most of its tionable backgrounds. These security goes out the door. They try to retro- recommendations. issues are critical to the safety of the actively adjust—that’s their lan- Aviation safety should be a promi- American flying public. guage—adjust the ledgers—to make it nent feature on the list of bipartisan There are other safety concerns of look like the payments and the appro- issues upon which we can find common note. The American airplane fleet is priations were in sync. ground this year. There are 22,000 com- aging. We need to ensure that inspec- That is fine and dandy, Mr. Presi- mercial flights every day in the United tions are thorough and frequent on dent. It makes the books look nice and States. The American air traffic con- these older aircraft. There is nothing neat, but the books then do not reflect trol system served 550 million pas- wrong with an older airplane, but it the reality of how the taxpayers’ sengers last year. Mr. President, in my needs to be inspected and updated, lest money was spent or what the appropri- home State of North Carolina, 22 mil- problems go undetected and new tech- ators intended. The books do not tell lion people last year passed through nologies go unused. you how the money was really spent. If the Charlotte airport. We need to take these and other they don’t do that, then they are inac- The safety of literally millions of steps to ensure that the American air curate, and that’s what I call cooking Americans hangs in the balance of our traveler is safe. We can ensure safe the books. commitment to aviation moderniza- skies without excessive inconvenience Back in 1992, the inspector general tion. I have a rather personal interest and delay, and, Mr. President, I am tried to shut down the Defense Depart- in this issue. I was in a plane crash in committed to just that.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1268 CONGRESSIONAL RECORD — SENATE February 12, 1997 I thank the Commission for its ef- icit will not have been altered by one Federal deficit, but we ought not stand forts. I look forward to working with penny. We will have altered the con- up and say that is the only place debt my colleagues and the administration stitution of the United States, but we exists. We have a whole culture of debt to implement some of these rec- will not have changed by one penny the that raises real significant questions ommendations. Federal deficit or the Federal debt. about where we are headed and how we Mr. President, I yield the floor. I want to talk a bit about that be- are going to get there. Mr. DORGAN addressed the Chair. cause I think there are circumstances The discussion today is about alter- The PRESIDING OFFICER. The Sen- under which we should alter the Con- ing the Constitution in order to require ator from North Dakota is recognized. stitution. There are circumstances budgets be in balance. Last evening I f under which I will support a constitu- was privileged to see a preview of tional amendment to balance the budg- BALANCED BUDGET AMENDMENT something that is going to be on public et. But I think when we do change the TO THE CONSTITUTION broadcasting on the life of Thomas Jef- U.S. Constitution we ought to do it ferson. It is a wonderful piece written The Senate continued with the con- with great care and we ought to do it by Ken Burns. It describes Thomas Jef- sideration of the resolution. right, because you do not get many ferson writing the Declaration of Inde- Mr. DORGAN. Mr. President, I want- chances to correct a mistake. pendence at age 33. I got a copy of that ed to come to the floor of the Senate to First, I want to talk about debt. The today. I can only imagine having the respond to and to discuss some items discussion about debt is an interesting kind of talent that he had. I mean, he on the constitutional amendment to one because we have people coming to was almost unique in the history of the balance the budget. the floor of the Senate and they say, world in his ability to think and write There has been a great deal of talk ‘‘Well, these Federal deficits that we and express for us the spirit of what about the constitutional amendment have had, you know, everybody else this democracy is. here on the floor of the Senate. There has to balance their budget. Business have been press conferences on both Thirty-three years old and in a has to balance its budget. Consumers boarding house he writes: sides and a great deal of literature dis- have to balance their budgets.’’ tributed in the Senate. I want to talk We have about $21 trillion of debt in When in the Course of human events, it be- comes necessary for one people to dissolve about what the issue is and what the this country, about $21 trillion of debt. issue is not. their political bands which have connected This chart shows what has happened to them with another, and to assume among The issue is not, as some would have debt. The growth of debt in my judg- the powers of the earth, the separate and us believe, a discussion between those ment has not been very healthy for equal station to which the Laws of Nature who think it is meritorious to balance this country, not in the public sector, and of Nature’s God entitle them, a decent the Federal budget and those who not in the private sector. respect to the opinions of mankind requires think we should not balance the Fed- This shows what has happened to that they should declare the causes which eral budget. Generally speaking, most business debt, corporate debt, house- impel them to the separation. Members of the Senate believe it is im- hold debt, Federal Government debt. We hold these truths to be self-evident, portant for this country’s long-term Take a look at the curve. And $21 tril- that all men are created equal, that they are economic interest to find a way to bal- endowed by their Creator with certain lion worth of debt. unalienable Rights, that among these are ance the Federal budget. We ought to Now someone might stand up and Life, Liberty and the pursuit of Happiness. do that. This Federal Government has say, ‘‘Well, everybody else has to bal- That to secure these rights, Governments spent more than it has taken in for a ance their budget.’’ That is not true. If are instituted among Men, deriving their good long while. I would just say, that so, what is all this debt about? In fact, just powers from the consent of the gov- it is the irresponsibility of Democrats we have developed a culture in this erned. and Republicans that have allowed country in which it is fine for the pri- You can see Thomas Jefferson’s that to happen. vate sector to send a dozen solicita- handwriting and his corrections, the It is true that there is a difference in tions to college students who have no words he has crossed out, the words he how they want to spend money, but jobs and no visible means of support has added when he wrote this mar- there is not a plug nickel’s worth of saying to them, ‘‘Please take our cred- velous, wonderful document. difference between Republicans and it card. You have a $1,000, $2,000, or The year following the writing of this Democrats about how much they want $5,000 approved limit. Just go ahead document when he was 33 years old, a to spend. One side might want to spend and take our credit card. We want you group of 55 white men, largely over- more for Head Start and another might to have a credit card. You don’t have a weight, we are told, convened in a want to spend more for B–2 bombers or job, no income. Take our credit card.’’ small room in Philadelphia called the whatever. But nevertheless, if we take That is the culture in our country. Is it Assembly Room in Constitution Hall. a look at the aggregate appetite for good for this country? I do not think They said it was so hot that summer in spending you will not find a plug nick- so. Philadelphia that—and those folks had el’s worth of difference on either side of I said also, the culture is walking such ample girth—that they had to the aisle. Priorities and choices, down the street as a consumer, and the cover the windows to keep the Sun out though would be different. picture window of the business literally because it got very warm and they did But both political parties—Presi- raps on your elbow and says, ‘‘Hey, not have air-conditioning in those dents who are Republican, year in and you, walking in front of me here,’’ the days. And those 55 men wrote for this year out, Presidents who are Demo- window says, ‘‘Come in and buy this country a constitution. crat, not quite as many, I might add— product. It doesn’t matter you can’t af- The Constitution itself is quite a both have submitted budgets to the ford it. Doesn’t matter you don’t need wonderful document. Thomas Jefferson Congress that are wildly out of balance it. Buy the product. Take it home. You was in Europe at the time. He contrib- and that have had substantial deficits. don’t have to make a payment for 6 uted to the writing of the Constitution So this is not a case where one can months. And we’ll give you a rebate by sending substantial writing back stand on slippery sand and say, ‘‘It’s next week. And charge it.’’ That is the about the Bill of Rights. The Constitu- your fault. You’re the folks who are at culture. Is it right? No, it is not right. tion of course is the living document fault over here.’’ It is everybody’s We ought to change that. We ought that is unique in the history of this fault. And it ought to stop. We ought to change it here in the Federal system world. to balance the Federal budget because by balancing our budgets responsibly. that will be good for this country. And we have a problem well beyond We the People of the United States, in The debate here is, shall we alter the this Federal system. Take a look what Order to form a more perfect Union, estab- Constitution of the United States? lish Justice, insure domestic Tranquility, is happening with credit card debt in provide for the common defense, promote the Shall we change the Constitution of this country. Take a look at consumer general Welfare, and secure the Blessings of the United States? I would observe debt. Liberty to ourselves and our Posterity, do that if it is done, 5 minutes from now My point is, we ought to be con- ordain and establish this Constitution for the Federal debt and the Federal def- cerned about the Federal debt and the the United States of America.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1269 Language so clear and so wonderfully ator, you make the change and I vote would not be available as a balance for written, they established the founda- with it. I expect the change will not be the payments of benefits.’’ That means tion of this country, the fabric of a de- made. If you do, chalk me up. I am one if we save $70 million extra this year mocracy that has now become the most more vote. for Social Security to be made avail- successful surviving democracy on this I want to talk about that change and able in the year 2015 or 2020, and in the Earth. the dimensions of it and the response year 2020 we balance the rest of the The spirit of that document, the spir- of it. The change is in the issue of So- budget but want to spend that surplus it of that Constitution is, I think, at- cial Security. We have had a lot of de- we have in the Social Security ac- tested to by virtually all who serve bate about this. Some said this is the counts, the Congressional Research here in what it means to us, our fami- biggest red herring in the world. Two Service says you cannot do it. You can- lies, our future, to our country. When political pundits this weekend said this not do it. This ought not be a con- we decide that we should consider al- is a fraudulent issue. Of course, pundits troversial conclusion. I do not know of tering that Constitution, provisions for are either 100 percent right or 100 per- anyone who disagrees with it. You can- which were made in the very Constitu- cent wrong and no one knows which or not do it unless you raise taxes in the tion, we should do it carefully. who. A columnist said this is a totally rest of the budget to accommodate it. We have had people propose all kinds fraudulent issue. I want to describe the I say if that is the case, why are we of schemes to alter the Constitution of issue once again and describe why I raising more money than we now need the United States. I am told there was think not only is it not fraudulent, it is in Social Security if it will not be a proposal to alter the Constitution one of the most significant issues we saved and it will not be available for that would require a President first will face in fiscal policy. A position on future use? coming from the northern part of this issue is now prepared to be put I want to read to my colleagues America and then followed by a re- into the Constitution of the United something from the Social Security quirement that the next President States in a way I think hurts this trustees last year: come from the South. country. ‘‘Total income for Social Security is esti- There have been thousands of pro- Let me describe it. Social Security is mated to fall short of the total expenditures posals—some good, some bad, some a remarkably successful program in in the year 2019 and will continue thereafter this country. We decided some long under the immediate assumptions, but in baked, some half-baked—to change the this circumstance the trust funds would be Constitution of the United States. In while ago that we would have people redeemed over that period to cover the dif- fact, it was not very long ago that we pay in a payroll tax and that payroll ference until the assets are exhausted in had three proposals to alter the Con- tax would accumulate money which 2029. stitution, in the last session of Con- would be available to people when they That is what the Social Security gress, proposed to be voted on by the retire. What has happened is we have trustees said. CRS says that cannot be U.S. Senate, in the period of 6 weeks— developed kind of a ‘‘bulge’’ in our pop- done because the trust funds will not three separate proposals to alter the ulation, a very large group of children be able to be used in those years unless work of Franklin, Madison, Mason, who were born just after the Second you have raised taxes on the other part George Washington, and so many oth- World War. I mentioned the other day, of the budget or cut spending in the ers, who over 200 years ago framed this kind of kidding, but it was true, there other part of the budget, and I say in issue. was a tremendous outpouring of love the year 2029 it would require $600 bil- Mr. HATCH. Will the Senator yield? and affection after the Second World lion that year alone. Mr. DORGAN. I am happy to yield to War. A lot of folks came back and a lot I have a 9-year-old son. This is not the Senator. of this love and affection blossomed rocket science. I think he would under- Mr. HATCH. When I got the unani- into the largest baby crop in the his- stand that double-entry bookkeeping mous consent-agreement, I did so that tory of our country. It caused some does not mean you can use the same all time would be divided equally. Can real long-term demographic problems, money twice. You cannot say I am the Senator give me an indication of because when they hit the retirement using this money to show a balanced how long he will be speaking? rolls, what will happen is we will have budget and then use this money to save Mr. DORGAN. About another 10 to 12 the fewest numbers of workers sup- over here for Social Security. You do it minutes. porting the largest number of retirees one way or the other. You cannot do it Mr. HATCH. Could we divide the time in this country’s history. both ways. so the Republican time will be taken What was to be done? About 13 years My Uncle Joe used to own a gas sta- off our time and the Democratic time ago, a discussion was held about how tion. Can you imagine him coming is taken off your time? It would be fair- do we finance that when the largest home to my Aunt Blanche and saying, er. baby crop hits the retirement rolls and ‘‘We lost money this year, Blanche, but Mr. DORGAN. I do not have a prob- we do not have enough money. The an- I put away money for my employees lem with that. There will be ample swer was, let’s accumulate some sur- because I bargained with them and I time for everyone to speak. I am happy pluses in the Social Security system to told them I put money in their retire- to accommodate the Senator. be used when we need them later. I do ment account. So we got money in I ask unanimous consent I be allowed not expect there is disagreement about their retirement account for their pen- to speak for the next 12 minutes and it that, that we have a circumstance sions. But since I lost money in the come off the Democratic time. where we accumulate $70 million more service station, what I intend to do is The PRESIDING OFFICER. Without now than we need to be put into a trust take their money out of the retirement objection, it is so ordered. fund to be saved for the future. If there account I have put it in and use it over Mr. DORGAN. I observe that there is disagreement, I want to hear that, here so I can tell people I don’t have a will be no limit of time for anyone here but those are the facts. loss on my service station anymore.’’ to speak to their last breath about any Now, what is happening is a proposal My aunt would say, ‘‘Joe, you cannot subject they so choose on this issue, I is now made to alter the U.S. Constitu- do that. It is illegal. Somebody will guess. tion with this language, according to send you to jail for that.’’ Joe would I will continue because I wanted to the Congressional Research Service, say, ‘‘Well, the folks down there in provide a framework for what I was and the language says that all receipts Washington, DC, seem to think it is going to say. I respect the Senator and expenditures shall be counted for OK. They think they can take $1 tril- from Utah, Senator HATCH. He has been purposes of completing a balanced lion in the first 10 years and put it first on this floor on this issue and he has budget, and therefore the Congres- in this pocket and then in that pocket, not wavered. He believes very strongly sional Research Service says ‘‘because thumb their suspenders and puff on in what he is doing. I would support the balanced budget amendment re- their cigars and say, ‘‘We balanced the him if he would make one change in quires that the required balance be be- budget.’’ the constitutional amendment. tween the outlays for that year and the Guess what? The year in which the A columnist said, ‘‘Call his bluff,’’ receipts for that year,’’ the moneys budget is presumably balanced and the naming me by name. I say to the Sen- that we are ‘‘saving in the surplus year in which all of those who will

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1270 CONGRESSIONAL RECORD — SENATE February 12, 1997 stand up on the highest desk in this spend, or how we raise revenues or how lic Liaison, as to whether there had Chamber and bray and bellow and don’t we raise revenues. Only those de- been some activities that went over the trumpet and talk about how they bal- cisions will bring us to a place we want line in political activities or fund- anced the budget, I ask every American to be—a balanced budget that provides raising. I questioned Ms. Herman about to look at one number. What happened for the long-term economic health of that at some length, although not in a to the debt in that year in which they this country. dispositive form. But it seems to me balance the budget? The answer: They My hope is that, in the coming days, that she is entitled to be heard on the say they balanced the budget and they when we finish this debate, we will subject and to have a decision made have to increase the Federal debt limit have accomplished something in that one way or the other about whether she by $130 billion, the same year in which we will all have resolved not only to is qualified or disqualified. they claim they balance the budget. perhaps make a change in the Con- I questioned her about the cir- Why? Because the budget has been bal- stitution, if we can reach agreement on cumstances where there was a coffee, anced. how that is done, but we will have re- which had started out in her depart- And it is not just me. I say to the solved that we should, as men and ment, where she had issued an invita- Senator from Pennsylvania, who is on women, balance the budget. Changing tion to Mr. Gene Ludwig, who was the floor, he raised the same points the the Constitution is not balancing the Comptroller of the Currency, to a other day. There are Republicans in budget. Some want to substitute that meeting with bankers, at a time when the House, two or three dozen, that as political rhetoric. But, ultimately, she thought it was going to be a sub- raised the same points. I do not know the question of whether we balance the stantive meeting and it would not in- volve fundraising. Later, she found out how he and others will vote on final budget will be determined by the that there were individuals from the passage, but I say, as controversial as choices that we make individually. Democratic National Committee who this is, I agree with what the Senator Mr. President, I see the Senator from were involved, and she then did not at- from Pennsylvania said on the floor Connecticut on the floor. I wanted to tend the meeting herself, but had not the other day. I agree with what Con- say to the Senator that I used a bit of informed Mr. Ludwig about the nature gressman NEUMANN and others are say- the time in the 4-hour block. I hope he of the meeting in order to withdraw ing in the House. I agree with the pres- didn’t mind. I wanted to make this entation I am making. This is an issue the invitation to him. point. I hope to come back in general There have been other questions that is not insignificant, $1 trillion in debate, and I hope that the Senator raised about the Anti-Deficiency Act, 10 years, and it is much more than that from Utah and I can engage on the con- and perhaps other matters. But I think in the 20 to 25 years that you have to sequences of this language because I it is very important when someone is look out to see what will be the con- think it is a trillion-dollar question nominated for a position and there is sequence of this kind of proposal. that remains unanswered. I would like Let me frame it in a positive way. I public controversy and public com- to have a dialog back and forth rather ment, that that individual have his or believe we ought to balance the Fed- than just presentations that vanish eral budget. I will support altering the her ‘‘day in court’’ to have a deter- into the air when the presentations are mination made as to whether she, or Constitution to place in the Constitu- completed. I thank the Senator from he, may be qualified to handle the posi- tion a requirement to balance the Fed- Connecticut. tion. eral budget. We will vote on an alter- I yield the floor. I thought it was very unfortunate, native, on a substitute constitutional Mr. SPECTER addressed the Chair. when Prof. Lani Guinier was nomi- amendment to balance the budget that The PRESIDING OFFICER [Mr. SES- nated for a key position, Assistant At- does that. I will offer it. I intend to SIONS]. The Senator from Pennsylvania torney General in the Department of vote for it. I will not vote for a con- is recognized. Justice, that her nomination was with- stitutional amendment that accom- Mr. SPECTER. Mr. President, I have drawn without having an opportunity plishes this—that essentially reduces checked with the managers of both for her to be heard. At that time, I met by 10 years the solvency of the current sides and he has agreed to yield me 5 with her and read her writings and I Social Security system and guarantees minutes. I ask unanimous consent that thought she was qualified. But I that which we are supposed to be sav- I may proceed as in morning business thought, surely, there should have been ing will not be saved and that which we for a period of up to 5 minutes. a determination by the committee. I are supposed to be saving cannot, by The PRESIDING OFFICER. Without recall the withdrawal of the nomina- virtue of the language of this constitu- objection, it is so ordered. tion of Zoe Baird, who was up for At- tional amendment, be available for use f torney General of the United States, by Social Security recipients when it NOMINATION OF ALEXIS M. HER- and I recollect when Judge Ginsburg was promised. had been nominated for the Supreme Sometimes I get the feeling that the MAN, TO BE SECRETARY OF LABOR Court; neither of them had finished only thing we do in this Chamber is their hearings. I think it is very impor- talk to ourselves. We just talk back Mr. SPECTER. Mr. President, I have tant, in the context where we are try- and forth with ‘‘budgetspeak’’ and lan- sought recognition to speak briefly on ing to bring good people into Govern- guage and a priesthood of dialog that the issue of the pending nomination of ment and, inevitably, they are under a only we understand and that seems al- Ms. Alexis M. Herman to be Secretary microscope, which is the way it is, and most totally foreign to the American of Labor, and I urge that Ms. Herman that is understandable. But they ought people. I will bet you that with a lot of be given a hearing on the subject so to have a chance to be heard and have this discussion that’s the case. The that there may be a determination, one their day in court and have a chance to American people, I think, want a bal- way or the other, about her qualifica- defend themselves and have the public anced budget and should expect that tions to be Secretary of Labor. know what has gone on. If they pass, we can do what is necessary to balance I talked at some length to Alexis M. fine, and if they do not, so be it. But the budget. But let me emphasize again Herman yesterday. A request had been they ought to have that opportunity. that, although I believe there is merit made by the White House for me to I respected the decision made by to alter the Constitution to require a meet with her, perhaps in my capacity Judge Bork back in 1987 when he want- balanced budget, if we alter the Con- as chairman of the Appropriations Sub- ed the matter to go forward and to stitution at 2:05, by 2:10—which is 5 committee that has jurisdiction over come to a vote so that there would be minutes later—we would not have the Department of Labor. And I met a determination, because I think it is changed by one penny either the Fed- with Ms. Herman in the context of a very unfortunate and unwise that when eral debt or Federal deficit. That will number of questions that have been somebody allows their name to be put only be altered by decisions on taxing raised about her qualifications to be forward and you have these allegations and spending made individually by Secretary of Labor. in the newspapers about misconduct or Members of this Congress, deciding There has been an issue raised about impropriety, the impression is left with what is a priority and what isn’t, how her handling of her position as liaison the public that that is, in fact, the con- much should we spend or should we not for public matters in the Office of Pub- clusion, if the White House withdraws

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1271 the name—as the White House did with this afternoon and raising this issue. I that. But I am going to put aside that Prof. Lani Guinier—or if the person join with him in urging that our com- debate and ask my colleagues to draw doesn’t move forward to a hearing. mittee—and I sit on the Labor Com- their attention to section 5 and an I talked to my colleague, Senator mittee—set up a hearing as soon as amendment that I will offer that I JEFFORDS, who chairs the Labor Com- possible and move forward. Then, as think addresses a legitimate concern. mittee, and Senator JEFFORDS has ad- the Senator from Pennsylvania has My amendment corrects two serious vised me that he is reviewing the out- pointed out, the committee and/or this flaws in this section. Let me read this standing questions, and the prospects body will express its opinion one way section, if I can. Section 5 of the pro- are that there will be a hearing. But or the other. But we will resolve the posed amendment, not my amendment, after meeting with Ms. Herman and matter and not leave the individual out the proposed constitutional amend- having some say over her Department’s there to hang, if you will, in limbo. ment, says: activities in my capacity as chairman With all of the appropriate suggestions of the Appropriations Subcommittee, I that the Senator from Pennsylvania The Congress may waive the provisions of did want to voice my sentiments on has made, as we try to attract people this article for any fiscal year in which a this subject to urge that her nomina- to come serve in our Government and declaration of war is in effect. The provisions tion go forward. I do not have a final of this article may be waived for any fiscal they watch examples like this, it is year in which the United States is engaged view as to the merits, yes or no. But I very difficult to convince people to in military conflict which causes an immi- think she is entitled to be heard. step forward when they see what can nent and serious military threat to national Aside from the allegations that have happen to someone who is, in my view, security and is so declared by a joint resolu- been made about her, she has a very entirely innocent of any of the allega- tion adopted by a majority of the whole distinguished record. She is a graduate tions raised but never gets the oppor- number of each House which becomes law. of Xavier University and has worked in tunity to address them. First of all, this most important sec- the public and private sectors. She has So I applaud my colleague. tion currently contains language, in quite a distinguished record as a busi- f nesswoman, has served in the adminis- my view, that would seriously under- BALANCED BUDGET AMENDMENT mine—the distinguished Presiding Offi- tration of President Carter, and has TO THE CONSTITUTION served in the current administration. cer is a former Attorney General, and She may well be qualified, or the con- The Senate continued with the con- someone who has had a serious amount trary may be the case. But I think it sideration of the joint resolution. of experience in judicial matters will ought to be heard so she can have a de- AMENDMENT NO. 4 appreciate that every word in the con- termination on the merits. I thank my The PRESIDING OFFICER. Under stitutional amendment is not a casual colleagues, Senator HATCH and Senator the previous order, the Senate will now word. These words must be selected DODD, for allowing me this time. resume consideration of the Dodd very, very carefully. So I do not treat I yield the floor. amendment No. 4, with the time be- this lightly at all. Mr. DODD. Mr. President, before tween now and 5:30 p.m. divided with ‘‘A declaration of war’’—these are turning to the subject of my amend- 107 minutes to Senator HATCH and 95 the words that are most of concern to ment here, let me commend my col- minutes to Senator DODD. me—and ‘‘the United States is engaged league from Pennsylvania for his com- Mr. DODD. Mr. President, I rise in in a military conflict which causes an ments. I associate myself with his re- support of the amendment I have of- imminent and serious military threat marks regarding Alexis Herman and fered here this afternoon. We have sev- to national security . . .’’ the hope expressed by him that a hear- eral hours of debate. It may not be nec- The provisions of the balanced budg- ing will be held promptly for Alexis essary to consume all of that time. I et are waived only if war is declared, or Herman. She deserves that hearing. will notify my colleagues. Others may I have known Alexis Herman for want to come over and address the if the United States is ‘‘engaged.’’ The some time. She is eminently qualified, issue. Although we have set a time of balanced budget amendment is quite Mr. President, to fulfill the position of 5:30 p.m. for a vote, we may find our- clear in specifying that our Nation Secretary of Labor. There have been selves having exhausted all of the bril- must be engaged in military conflict issues raised, and the purpose for which liance on both sides of this amendment before a waiver can be granted. we have hearings is to allow those and able to move to a vote earlier than The problem, as I see it, is that pru- issues to be aired and to give a person that. It would take unanimous consent dent foreign policy often requires re- an opportunity to respond. In the ab- to vote earlier, but that may happen at sponding to serious threats before we sence of that hearing, of course, the al- some time here this afternoon. actually become involved in military legations remain. In many instances, In the meantime, Mr. President, let conflict. Yet, the language of this as the Senator from Pennsylvania has me state once again what this amend- amendment is ‘‘engaged’’—not ‘‘might pointed out, there is never the kind of ment does. I urge my colleagues and be engaged or there is a threat of en- opportunity to respond with the same others to pay attention. I will put aside gagement’’—but rather is ‘‘engaged’’ in voice and the same positioning with the debate of whether or not we ought military conflict. which the allegations are oftentimes to have a constitutional amendment to Throughout our history this Nation made. balance the budget. That matter has has often found itself necessarily en- Under our system it is absolutely es- been debated and will be debated over gaged in conflict but yet in situations sential in my view that she be given the next several days. where immediate action was essential. that opportunity. I am totally con- The amendment that I raise, Mr. The gulf war is one example that im- fident that she will respond to those President, does not address the under- mediately comes to mind. I will discuss issues when she is asked publicly to re- lying question of whether or not we that example and others in the debate spond to them. It is part of the process ought to have a constitutional amend- shortly. here going back years that when people ment to balance the budget. But it ad- are nominated for high office in any dresses section 5, and section 5 only, of My amendment removes this section administration they are always advised the proposed amendment. It raises 5 and would lift the provisions of the not to respond or comment but to save what I believe to be a very legitimate balanced budget amendment under a their comments for a hearing. Often- issue in dealing with the national secu- declaration of war or if the United times it happens that the nominee is rity of this country. States faces an imminent and serious left in the position of having to face an This is an amendment that I offer military threat to national security. assault of questions that are raised and which you could support and do no The requirement of being engaged is never gets the opportunity to respond damage—in fact, I would think dropped. because you are advised to the con- strengthen—the argument in support The amendment that I offer would trary. Then for whatever reason, if you of the constitutional amendment for a also clearly define the role of Congress never get that hearing, they stay out balanced budget. I myself have serious in certifying the existence of an immi- there. underlying problems with the constitu- nent and serious military threat. So I applaud my colleague from tional amendment. I do not want my Under the current language, in section Pennsylvania for coming to the floor colleagues to have any illusions about 5 the courts could conceivably be

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1272 CONGRESSIONAL RECORD — SENATE February 12, 1997 called on to determine whether or not I do not know of anyone who would course, he would have become a domi- an imminent and serious military believe that, as important as this nant force in the gulf, and the obvious threat to national security exists. amendment is, it should have a higher implications of that for the United My amendment—the amendment priority than the national security in- States and the West are clear. that I offer and is at the desk—makes terests of the country. Yet, my fear is We had to deploy troops to protect clear that a resolution passed by Con- based on the exact language of section our allies and our security, and the gress is the sole requirement for certi- 5—that that is the problem we have President did so. But we were not en- fying that such a threat exists. posed before us. If it requires a declara- gaged in a conflict, and we had not Finally, the amendment that I have tion of war, or requires, as the lan- gone through the lengthy process of offered restores a reasonable standard guage reads, ‘‘is engaged in a conflict,’’ making a declaration of war. It was for voting. The balanced budget amend- it seems to me that we would have to merely a question of whether or not we ment creates a cumbersome, I believe, wait for one of those two conditions to were going to be able to place those standard for passing the resolution cer- be met in order to waive any constitu- troops immediately in the Middle East tifying that a military threat exists. It tional requirements prohibiting deficit in anticipation because an imminent says a ‘‘majority of the whole number financing. threat certainly occurred, but we were of each House’’ must pass the resolu- And so I would urge the adoption of not engaged. It was not until January tion. In the case of the U.S. Senate, this amendment which says, ‘‘faces an 16, 1991 that we began the air war. The this means that 51 Senators would have imminent and serious military threat initial deployment to defend Saudi to vote in favor of the resolution, no to national security as declared by a Arabia, Desert Shield as it was called, matter how many Senators were joint resolution,’’ so that we do not was 100,000 troops. The eventual de- present and voting. This could be abso- allow the courts to decide. You can ployment to prepare to invade Kuwait lutely critical, particularly in a time imagine a debate going on here about was 500,000 troops. The total cost was of national crisis. When not all Sen- whether or not an imminent and seri- $71 billion. The deficit, as I pointed ators are able to reach Washington on ous threat existed, someone runs to the out, was $221 billion. short notice, for instance, we could be Federal courts and says, ‘‘I don’t think Our action, I would argue, could not prevented by our own Constitution it is an imminent and serious military have happened under a balanced budget from quickly and properly responding threat,’’ and we have a panel of judges amendment under section 5 because we to an international emergency. deciding whether or not that threat ex- were not engaged in military conflict. Furthermore, the ‘‘whole number’’ ists. I do not think any of us want to A resolution allowing military action standard leaves open the question, I see that happen. So the joint resolu- to force out Hussein passed the Senate point out, of whether or not the Vice tion allows that a simple majority of in January 52 to 47, after a lengthy de- President would be allowed to cast a Senators would be able to declare the bate about whether or not we ought to vote should we arrive at a tie of 50–50. threat in order to waive the provisions use military force immediately. My amendment alleviates this problem of the balanced budget amendment. My colleague from Utah certainly by requiring a simple majority of those I mentioned earlier, Mr. President, was here and remembers that debate. present and voting for passage of the that there are historical examples for My colleagues on both sides of the aisle waiver resolution. this that I think point out the prob- who supported the action in the gulf Mr. President, I am well aware of the lem. They are historical and they may ought to remember this and remember heartfelt support, as I mentioned at be 100 years old or 20 years old. None of what happened. the outset, of these remarks on the us can say with any certainty what we If the balanced budget amendment part of my colleagues who are squarely may face tomorrow or next week or had been in effect in 1990, a minority of for a constitutional amendment to bal- next year or the next century. But I Senators could have blocked those Sen- ance the budget. will cite five examples to point out the ators who supported action and we I also know that many of us—myself problems. would not have been able to have the included, clearly—have underlying Imagine, if you will, that this section waiver. I do not know what the impli- problems with the whole balanced in a constitutional amendment to bal- cations would have been. budget amendment. But I think we ance the budget were in place at the In 20–20 hindsight, we say, look, it should all be able to agree, regardless time we faced these five crises. Ask was clear. As things worked out, there of where we are positioned on the issue yourself how would we have responded, was an imminent threat. There was a of a constitutional amendment to bal- what would have been the implications, debate here, heated debate in the coun- ance the budget, we should all be able putting aside whether or not you were try about what our action should be. to agree that any amendment to the for or against the particular issue at You can imagine in addition to the Constitution should in no way shackle hand. complicated questions of whether or our country in time of an emergency. The gulf war is one; lend-lease, back not we ought to respond, we would The amendment that I offer, Mr. in the late 1930’s, early 1940’s, the have had to go through and waive con- President, I think helps ensure that Cuban missile crisis in 1962, the Pan- stitutional amendment requirements. the Nation remains prepared and able ama crisis back under the Bush admin- This would have been with all of the to respond in time of an international istration, and the defense buildup dur- people in this country divided, as many crisis. ing the Reagan administration. were, over whether or not we ought to For these reasons, I hope that it will Let me cite, first of all, the gulf war be involved in the Middle East, putting enjoy the support of a broad majority example. Saddam Hussein, as many in United States servicemen and women of my colleagues. this Chamber will recall and, invaded at risk. With all the questions, we then Mr. President, I want to cite the lan- Kuwait on August 1, 1990. We were run- either would have had to go through a guage of the amendment that we are ning a deficit, I would point out, Mr. process of declaring war, which we offering. President, at that time of $221 billion, have not done in 55 years, or go Let me recite the copy of the amend- on August 1, 1990, putting us in gross through a process of waiting for an ac- ment that I am offering: violation requirements of the balanced tual engagement to occur. As section 5 On page 3, line 7, strike beginning with budget amendment. There were only 2 says, engaged—not likely to be en- ‘‘is’’ through line 11 and insert, ‘‘faces an im- months left in the fiscal year, no time gaged, not might be engaged, not a minent and serious military threat to na- to adjust spending or to raise taxes, I threat of engagement. It says you must tional security as declared by a joint resolu- might point out. We were not certain be engaged. tion.’’ ourselves how we were going to respond So my amendment, as I pointed out The point being here, if you are not to that situation, but an invasion of earlier, which talks about the immi- actually engaged, or you don’t have a Kuwait clearly had happened. Saddam nent threat, facing an imminent and declaration of war and the Nation, in Hussein was threatening not only Ku- serious military threat to national se- preparation for such a conflict, wants wait where he had invaded but Saudi curity, is a far better standard and to exceed the balanced budget require- Arabia, and clearly our security I test, it seems to me, in order for us to ments, we should be able to do that. think. By controlling Saudi Arabia, of respond to those situations.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1273 Let me cite the example, if I can, of language in section 5, the buildup that whole House voting, 218 House Mem- lend-lease. There is no one in this President Kennedy initiated to respond bers, 51 Senators, that is a pretty sig- Chamber who was serving at the time. to that would have required us to go nificant advantage to give. That is one Our colleague from South Carolina, through all these difficulties of requir- more set of hurdles that we have to go Senator THURMOND, of course, remem- ing waivers. Or you would have had to over in order to respond. bers this debate, I am sure, very viv- have the courts decide if in fact it met I do not think that is engaging in hy- idly, as someone who served in World the standard of an imminent and seri- perbole, Mr. President. Why would we War II, I believe the only remaining ous military threat. in any way try to make it more cum- colleague of ours who served in World The invasion of Panama, again, an- bersome for the Commander in Chief of War II. other example. The deficit in 1989 was this country—not necessarily this one, Britain was in a crisis. We were high- $153 billion. The cost of the operation because this amendment will not go ly divided in this country in the late was $163 million. Clearly we would have into effect until long after this Presi- 1930’s as to whether or not the United had to go through this process as well. dent has left office, but some future States ought to be involved. In fact, I And the Reagan years of the buildup Chief Executive of our Nation—to be think surveys at the time indicated in defense. Again, you could argue— able to respond to those situations? I most Americans were opposed to the certainly everyone would have, I am not saying they ought to be able to United States being involved in a Euro- think—that there was an imminent do it without any check by the Con- pean conflict. We had in fact America danger of conflict with the Soviet gress, but I think stating the country First groups. Charles Lindbergh, I re- Union. We were not going to declare needs only to face an imminent threat call, was a leading proponent of the war against them. We were not engaged and then get a joint resolution ought United States staying out of World War in a military conflict against them. We to be enough to get a waiver of this II. The conflict in Europe was raging. had sizable deficits, and we increased amendment. To insist upon a declara- So we had a significant debate in this defense spending between 1980 and 1988 tion of war or actual engagement country over whether or not we ought from $134 billion to $290 billion. Of seems to me to be setting far too high to be involved. course, we were accumulating $1.5 tril- a standard when the national security I do not know of anyone today who lion in debt at the same time. The interests of this country could be in jeopardy. Yet, that is exactly what we would argue that the leadership of amendment says: Declaration of war, Franklin Roosevelt, putting together are doing with this amendment. engaged in a conflict. Many argue So, for those reasons I hope my col- the creative lend-lease program, pro- today the ultimate collapse of the So- leagues will look favorably upon this viding the military assistance Britain viet Union was a direct result of our amendment, even if you are for the un- needed in its great hour of crisis, did buildup at that time; that it was the derlying amendment. I think this im- not make all the difference in the Soviets’ inability to meet that buildup, proves the underlying amendment. world. And but for the lend-lease pro- although they tried, that caused the Some have suggested we should not gram, the map of Europe might look kind of economic collapse that resulted have offered this amendment because, substantially different, not to mention in the downfall of the Soviet Union. for those of us who have serious doubts what might have occurred elsewhere Yet, we would have gone through this about setting fiscal policy in the Con- had we not taken that action. process, and you can only imagine the stitution, the adoption of this amend- We were not engaged in the conflict, debate—and there was a significant ment certainly takes away one of, I under the standard asked to be met in one, by the way, over whether or not think, the most significant arguments this balanced budget amendment. You we ought to support that buildup or against the balanced budget amend- were not likely to get a declaration of not—you can imagine what would have ment. That is that we place the lan- war in 1939 given the divisions in the been heard around these Chambers guage of this amendment in a higher country. And yet we had a deficit. Now, about the constitutional amendment to priority, in a higher standard, than the it was not a huge deficit. It was, in balance the budget and whether or not national security interests of the coun- March of that year, 1941, $4.9 billion. It we ought to be doing this. It could have try. sounds pretty small by today’s stand- complicated that process seriously. I see my colleague from Michigan is ards, but as a percentage of the budget I think you could have met the test here. I have some more comments I it was probably not substantially dif- in 1980 through 1988, of saying the So- would like to make in a few moments, ferent than today. And even with some- viet Union posed an imminent and seri- but unless my colleague from Utah, one with the prowess of Franklin Roo- ous military threat to national secu- who may want to be heard at this par- sevelt, can you imagine if we had to go rity, and then had a joint resolution ticular moment, so desires—I have just then through the waiver process in passed, as my amendment that I am of- been informed, by the way, I made the order to get the kind of resources nec- fering today would have allowed us to mistake of saying ‘‘Senator THUR- essary. I do not want to dwell on this do, that would have gotten you MOND,’’ and I have quickly been in- particular instance but nonetheless I through the process. That is why I am formed by several offices, Mr. Presi- think the point is quite clear. We offering the amendment. I am not just dent, here—not the senior Senator would have required a waiver. We were striking section 5, I am offering new from Utah, but Senator BUMPERS, Sen- highly divided as a country. As it language as an alternative. ator CHAFEE, Senator WARNER, Senator turned out, lend-lease got a lot of sup- So the Reagan buildup, I think, is an- INOUYE, Senator AKAKA, and Senator port. In the vote that occurred, actu- other good example of what could have HOLLINGS, GLENN, HELMS, ROTH, and ally a majority, a substantial majority occurred. I am not arguing for or STEVENS have been ringing up the here supported lend-lease. But cer- against it, where people were on that phones here. I apologize to my col- tainly those who are students of his- issue, but just imagine the kind of de- leagues. I thought they were much tory recall the great division in the bate that would have ensued. younger than that, and assumed they country on this issue complicating the Let me also point up another argu- were. How am I doing here? Am I re- problem, and the difficulty that Frank- ment here that I think deserves men- covering from that faux pas? lin Roosevelt would have had in re- tion. One of the difficulties in pre- However you want to do this. I will sponding to that situation. paring, of course, is you do not want to yield the floor at this point, and, obvi- The Cuban missile crisis, in 1962. give your potential adversary any addi- ously, the Senator from Utah has pri- Again, we were not engaged. There was tional opportunities to take advantage ority. clearly a threat, in my view, to the se- of what is inherently a process that is Mr. HATCH. I understand the distin- curity of the United States. We were slow in this country, our legislative guished Senator from Michigan would not going to declare war at that par- form of government, our democracy. If like to make his remarks. I have some ticular point at all. The President had a potential opponent knows that we remarks I would like to make imme- to respond to that situation. We had a have this balanced budget amendment, diately thereafter, so I ask unanimous deficit of $7.1 billion in 1962. But under with section 5, that requires a declara- consent I defer to him so he can make the standards as laid out in the bal- tion of war, that we have to be en- his remarks in support of the amend- anced budget amendment, the proposed gaged, that we need waivers with a ment of the distinguished Senator from

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1274 CONGRESSIONAL RECORD — SENATE February 12, 1997 Connecticut, and then I would like to The ships, the carriers that won the Battle of would build those ships, had a huge ef- proceed immediately thereafter. Midway were built as a result of deficit fect on the outcome of this war. There The PRESIDING OFFICER. How spending during the latter part of the 1930’s. is no reason, if we are serious about much time does the Senator request? It was the consequence of legislation on protecting our national security, why naval construction under conditions of se- Mr. HATCH. I ask how much time the vere deficit that were embodied in the Vin- we should require that we actually be distinguished Senator from Michigan son-Trammell legislation. engaged in a conflict. If a joint resolu- needs. At Midway the battle was won by the York- tion of the Congress says that conflict Mr. LEVIN. I ask for 8 minutes. town, launched in 1937 after that legislation, is imminent, which it was in 1938 and Mr. HATCH. I ask unanimous consent the Enterprise, launched in 1938, and the Hor- 1939 and 1940, surely that ought to be he be permitted to speak for 8 minutes net in 1941. Those ships would not have been enough to allow us to act by majority and then the floor return to me. available under strict interpretation of this vote in order to save this country. The PRESIDING OFFICER. Without amendment. Even the battle of the Coral Sea Finally, as the Senator from Con- might have been lost in the Pacific war. . . . objection, it is so ordered. necticut has pointed out, the same [A]lmost all of the capital ships of the U.S. kind of issues could have been raised The Senator from Michigan. Navy had been laid down before the end of Mr. LEVIN. I thank the Chair, and I 1941, all of our battleships and virtually all during the gulf war that were raised by thank my friend from Utah. of our carriers, the Iowa class, most of the Dr. Schlesinger relative to World War Mr. President, I support the Dodd Essex class, and the like. II. amendment because it would simplify . . . I point this out because this Nation If I still have time left, I want to fin- the national security exception to the was not at war until December 8, 1941, and ish with one other point that the Dodd balanced budget amendment before us, the relief that was provided in this amend- amendment corrects. How much time ment would not have been applicable until and it would do so in a common-sense does this Senator have remaining? December 8, 1941. The PRESIDING OFFICER. One way that I would think both supporters Mr. President, the appropriations more minute. and opponents of the balanced budget bills that funded the construction of Mr. LEVIN. I thank the Chair. amendment should be able to support. the ships that won the Second World The Dodd amendment addresses a As currently drafted, the balanced War were all enacted at a time when second problem with the text of the budget amendment before us would we were running record peacetime defi- balanced budget amendment. The joint limit the national security exception cits, and I say record deficits. The Sen- resolution, as currently drafted, re- to cases in which the United States is ator from Connecticut made reference quires that the United States be en- already ‘‘engaged in military conflict.’’ to some of these deficits, and they gaged in military conflict which This language would seriously limit sound small by current standards, but ‘‘causes an imminent and serious mili- our defense options by precluding the by any kind of apples-and-apples com- tary threat to national security and is use of the exception to prepare for im- parison, they are very large. so declared’’ by Congress. minent military conflict. In 1939, the deficit was $2.8 billion, That word ‘‘and’’ in the current lan- The way the amendment before us is which was over 30 percent of our total guage creates two requirements: First, written, our troops must actually be outlays. The deficit now, as a percent- that there be a declaration by Congress engaged in battle in order for the ex- age of our outlays, is something like 7 and, second, that there be an imminent ception to apply. The Dodd amendment percent. But in 1939, the $2.8 billion def- and serious threat to national security. addresses this problem by extending In other words, the word ‘‘and,’’ creates icit was a significant percentage of our the waiver authority to any case in a second requirement—the actual ex- outlays, over 30 percent. which the United States ‘‘faces an im- istence of a threat—which opens this In 1940, the deficit was $2.9 billion, minent and serious military threat to up to judicial review and creates a real over 30 percent of our outlays. In 1941, national security, as declared by a problem which is corrected by the Dodd the deficit was $4.9 billion, as the Sen- joint resolution of Congress,’’ even if amendment. ator from Connecticut said, and that we are not yet engaged in military con- The last thing that we need at a time was about 36 percent of our outlays. flict. when our Nation faces an imminent Our deficit now, as a percentage of out- Former Secretary of Defense Bill and serious threat is to place in ques- lays, is only about 7 percent. Plenty Perry opposed the balanced budget tion the legitimacy of Federal spending large, but still a lot less than it was in amendment largely because, in his to meet that threat. When our national those years. words, of ‘‘the total lack of flexibility security is at stake, we cannot afford So we would have been in a situation we would have in dealing with contin- to wait for the courts to give a stamp in those years where 60 percent, or gencies.’’ of approval to emergency spending pro- three-fifths of the votes, would have Here is what Secretary Perry said: grams. The Dodd amendment would ad- Even if threats to America’s global inter- been required in order to do deficit fi- dress this problem by making it clear ests were increasing or our forces deterio- nancing for those classes of ships which that a congressional declaration that rating, the BBA could lead to deep defense won those battles which won World an imminent and serious threat to the cuts. . . . War II. And that is why Dr. Schles- national security would alone be suffi- The fact that these consequences could be inger’s comments about the outcome of cient to trigger the exception. avoided with three-fifths approval of each World War II are so significant. These house of Congress is no safeguard. Preserva- Mr. President, most of us hopefully are real-world battles which are deter- want to bring the budget back into bal- tion of an adequate defense posture would mined by those votes. become dependent on exceptional political ance, but we must achieve that goal efforts. . . . Even when a three-fifths major- The Naval Act of 1938, which author- without undermining our ability to de- ity minus one in either house believed that ized construction of every category of fend our vital national interests in the BBA cuts were unjustified, the minority warships—3 battleships, 2 carriers, 9 face of imminent threats or danger. Re- view would prevail. Not exactly ideal for the cruisers, 23 destroyers and 9 sub- gardless whether we support the bal- world’s most powerful democracy and best marines—passed the Senate on May 3, anced budget amendment or oppose it, hope for future peace and stability. 1938, with 56 votes. Now, that is two I would hope that we could all support This is not an academic issue—the votes short of the three-fifths majority the Dodd amendment and ensure that security of our country could be at that would have been required by the we have the flexibility we need to pro- stake in a very real way. As former balanced budget amendment, had it tect our national security where we Secretary of Defense James Schles- been in effect at that time. face an imminent and serious threat. inger testified at the same hearing, So the stakes involved in the Dodd Mr. HATCH addressed the Chair. ‘‘we would have had great difficult win- amendment are very significant. The PRESIDING OFFICER (Ms. COL- ning World War II’’ without significant I wonder if the Senator will yield me LINS). The Senator from Utah. deficit spending in the years before we 2 additional minutes, if that will be all Mr. HATCH. Madam President, I did entered the conflict. Dr. Schlesinger right with the Senator from Utah. not realize the distinguished Senator explained as follows: Mr. DODD. Yes. from Connecticut had not finished his You will recall that the turning point in Mr. LEVIN. Mr. President, those two remarks. I will be happy to allow him the Pacific war was the Battle of Midway. votes, which determined whether we to finish.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1275 Mr. DODD. No, go ahead. the requirement from section 5 of the It is easy to imagine various events Mr. HATCH. Madam President, I will BBA, [the balanced budget amend- that could occur that would trigger the proceed then on our time. I have to op- ment], that the joint resolution ‘‘be- waiver provisions of the permissive pose this amendment proposed by the come law,’’ Senator Dodd’s amendment Dodd amendment. For example, last Senator from Connecticut, and I hope could be read by an activist court as year China fired several missiles in the all of my colleagues will do the same. eliminating the requirement that the vicinity of Taiwan, a valuable friend of Senator DODD has offered an amend- resolution actually become law. the United States, as is China. That ment to section 5 of the balanced budg- Thus, in order to waive the balanced could have triggered the provisions of et amendment. I might add, section 5 is budget amendment under the Dodd the Dodd amendment if somebody a very important part of Senate Joint amendment, the President would not merely filed a resolution, pursuant to Resolution 1, the balanced budget have to sign the resolution, would not the Dodd amendment. The United amendment. We realize that protecting have to put himself on the line, or her- States also has been witness to oil em- the security of the Nation is the most self on the line, and neither House of bargoes which also could trigger the important responsibility that we have. Congress would have to pass or even Dodd amendment in the future. These Indeed, it is the most important duty vote on the resolution. No committee events and others—you can go down a for any government. Thus, we have would have to mark up the resolution. long list—would have allowed the Con- dealt with that problem in section 5 of No hearings need be held. Apparently, gress to easily waive the requirements the balanced budget amendment. In all that it would require is that any of the balanced budget amendment if that provision, we allow the require- Member of either body merely intro- the Dodd amendment became part of ments of this amendment to be waived duce a joint resolution declaring that the final, passed balanced budget in two circumstances. One is ‘‘any year the United States faces a serious mili- amendment. in which a declaration of war is in ef- tary threat. Indeed, ever since the advent and fect.’’ The other is when the Nation is That sole action would apparently proliferation of nuclear weapons, it ‘‘engaged in a military conflict which suffice to waive the balanced budget could be cogently argued that the causes an imminent and serious mili- rule for the entire fiscal year under the United States has ‘‘faced an imminent tary threat to national security and is Dodd amendment. Clearly, that would and serious military threat to national so declared by a joint resolution adopt- be a bizarre state of affairs. I would be security.’’ You can argue that every ed by a majority of the whole number much more impressed with this amend- year in a sense. And that threat would of each House, which becomes law.’’ ment if it was sponsored by those who be presented not just by the republics Those are two very important protec- literally have been long-time sup- of the former Soviet Union or by tions. They protect us from all that the porters of a balanced budget amend- China, which are nuclear powers, but distinguished Senator has been talking ment. Literally, this is an amendment also by other countries that may be on about, and, frankly, his amendment, I that looks as though it is making the cusp of developing nuclear weap- think, gums this up pretty badly. every attempt to gut the balanced ons, chemical weapons, biological The balanced budget amendment, budget amendment. weapons, and so forth, by terrorist na- therefore, deals with the two situations Madam President, both the balanced tions, to say nothing of any other in the modern era in which the Nation budget amendment waiver for national weapons that may come along. So any- faces a challenge to its ability to sur- security and the Dodd amendment use one who sought refuge or seeks refuge vive, situations in which there is a de- the threshold phrase of ‘‘an imminent from the tough choices necessary to clared war between this Nation and an- and serious military threat to national balance the budget could invoke this other country and situations in which security’’ as being a situation in which threat and waive the balanced budget there is a military conflict that is un- the balanced budget amendment re- rule. So it would never be effective, accompanied by a declaration of war, quirements could be waived. Even that is, if the Dodd amendment is but that nonetheless causes an immi- though both the balanced budget adopted. That is just as clear as the nent and serious military threat to na- amendment and the Dodd amendment amendment. tional security. used that phrase, there are two critical The second difference between the In those circumstances the authors differences between the two. balanced budget amendment, Senate of the balanced budget amendment be- The first critical difference is the fol- Joint Resolution 1, the amendment we lieve that the Nation may need greater lowing: Unlike the Dodd amendment, are trying to pass as written, and the flexibility than the amendment other- this amendment that is currently pend- Dodd amendment is closely related to wise allows. At the same time, the ing, the balanced budget amendment, the first. The balanced budget amend- carefully balanced text of that provi- Senate Joint Resolution 1, that we ment requires that the military con- sion makes sure that the cir- want to pass, also requires that the flict cause the imminent and serious cumstances in which such a waiver can United States actually be ‘‘engaged in military threat to national security. be more easily accomplished are lim- military conflict’’ in order to waive the That would be the only circumstance ited only to those situations in which balanced budget rule by less than a under which the balanced budget such a waiver is necessary. three-fifths vote. By contrast, the Dodd amendment’s requirements could be I have the greatest respect for my amendment does not require that this waived. The existence of a military colleague from Connecticut, Senator Nation be engaged in such military conflict, therefore, is not sufficient by DODD. We are very close friends, but his conflict. In fact, the Dodd amendment itself to allow Congress to escape the amendment would upset the balance would delete the term ‘‘military con- requirements of the balanced budget that we have achieved in section 5. flict’’ from the final balanced budget amendment. No. That military conflict Senator DODD’s amendment would amendment. also must have a particular effect; permit a waiver of the balanced budget That alone is a significant difference namely an imminent and serious mili- amendment whenever we face a serious between Senate Joint Resolution 1 and tary threat to national security. military threat by a simple joint reso- the amendment offered by our distin- These two requirements in Senate lution, but he explicitly removes the guished Senator from Connecticut. I Joint Resolution 1, Madam President, requirement that the resolution be- understand what a military conflict is. which the distinguished Senator from come law. That is troublesome in this It involves shooting, combat, or the Connecticut would like to amend with context. Ordinarily, being silent about like. By contrast, the term ‘‘threat’’ is this permissive language, are two im- such a matter would be of no con- far more expansive and far more pli- portant requirements. As much as we sequence. After all, any Member of this able. That term embraces a broad pray that these events do not occur, we Chamber, like any Member of the range of situations that could fall far must face the reality that there may House of Representatives, can intro- short of the type of circumstance in be times when our Nation is at war. We duce a joint resolution or can submit a which section 5 of Senate Joint Resolu- also must face the reality that there resolution on this matter. The real tion 1 as presently written would allow may be times when our Nation is em- work comes in getting a bill or a reso- the balanced budget amendment’s re- broiled in a military conflict immi- lution passed. But here, by removing quirements to be waived. nently threatening national security

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1276 CONGRESSIONAL RECORD — SENATE February 12, 1997 but unaccompanied by a formal dec- tary preparedness. Congress could pur- sequence so vague as to allow excep- laration of war, such as occurred dur- posely underfund the military at the tions to the balanced budget amend- ing the gulf war. When either such beginning of the fiscal year to use the ment based on the status quo, day-to- event occurs, the Nation and the Con- extra funds for other programs. day operation of our defense policy. gress may need greater flexibility than In fact, I suspect that is what is real- To quote from former Secretary of the balanced budget amendment would ly deep down behind this. If we can Defense William Perry: allow. I am sure we all agree that pro- waive the balanced budget for almost Vital U.S. interests can be at risk when the tecting the survival and safety of our any reason that we call a threat to our United States or an ally is threatened by Nation is our most pressing responsi- national security, without the con- conventional military force, economic force, straints that we have written in sec- by economic strangulation, or weapons of bility. mass destruction. These threats to vital in- Senator DODD’s proposal does not tion 5, which is what the Dodd amend- terests are most likely to arise in a regional serve these goals. His amendment is ment would do, then those who want conflict and, by definition, may require mili- not designed to allow the military to that to happen and want that loophole tary intervention. deal with threats to national security so that we can waive it any time we Madam President, as you can see, the that do not rise to the level already want to under almost any cir- Dodd amendment would allow the discussed by me. Nor is his amendment cumstances could spend more on lib- waiver of the balanced budget amend- limited to permitting the military to eral spending programs rather than ment at almost any time in our coun- increase spending to respond to such a really doing for the military what try’s history where there is any kind of threat. No. His amendment would needs to be done. military threat that fits within the waive all the requirements of the bal- Our amendment requires them to do broad language that the then Secretary anced budget amendment even though what is right for the national security of Defense, in contrast, as seen from Congress has not declared war and even interests of this country, if this matter the statement, says that vital interests though the President has not com- is going to be waived. It requires the can be placed at risk by threat. And he mitted our Armed Forces to a military President and the Congress to take continues, such threats by our vital in- conflict. His amendment provides an some responsibility in that matter, and terests ‘‘may require military inter- escape hatch for all other—for all it does not just waive all these obliga- vention.’’ other—situations. tions that we think have to be there. Senate Joint Resolution 1 complies In short, Madam President, the Dodd But under the Dodd amendment, they with current defense thinking. It says amendment is a gigantic loophole. Its could underfund the military, knowing that when the President takes a step effect is to weaken and confuse the that during the course of the year they beyond the normal acts of protecting standard by which the balanced budget could take any international conflict national security interests and places amendment may be waived and thus and use it as a justification to waive our forces in harm’s way, then should weakens the balanced budget amend- the balanced budget amendment. Congress, and only then should Con- ment itself. In this age, it is well estab- In effect, if we pass this amendment gress, consider by majority vote sus- lished that nations with greater eco- by the Senator from Connecticut, those pending the balanced budget amend- nomic power stand a much better who support it would generate their ment restraints on defense spending. chance of prevailing in sustained mili- own crisis by having purposefully un- My next objection is that military tary conflicts. There is nothing that derfunded the military. I mean, if we in spending is not and was never intended would be better for our economic fact abuse the way the balanced budget to be the only way to meet national se- strength than to pass Senate Joint amendment would be used, that is what curity threats. In fewer words, still, Resolution 1, the balanced budget it would amount to under the Dodd Madam President, the amendment does amendment. amendment. not acknowledge either the multiple If we pass this loophole offered by the Madam President, this sort of gam- military and nonmilitary strategies Senator from Connecticut, it will be ing of the system shows that the Dodd that meet our national security re- abused and thus allow our debt to con- amendment is a risky gimmick that quirements, nor does it appear to real- tinue to increase. In years when we will endanger both our military readi- ize that we employ a military strategy should be in balance, the debt will con- ness and our economic strength. only when diplomatic and other foreign tinue to pile up. Our children will be I might add that the amendment that policy remedies fail. saddled with even more debt, and we will come later on Social Security is Finally, the Dodd amendment con- will be woefully unprepared as a nation even a more risky gimmick that will tradicts and challenges some basic if it is ever necessary to defend our lib- endanger Social Security for all of our readiness, budgeting and programming erty in the future. senior citizens because they would take concepts that both the President and By the terms of the President’s pro- it off the budget so that it does not the Congress support. The Secretary of posed budget, we would spend nearly as have to be dealt with not just in times Defense says, ‘‘The number one pri- much on net interest in the debt next of surplus, but in times of tremendous ority of the Defense Department is year as we will on the defense needs of default and in times when there are not maintaining the readiness and sustain- our Nation—just to pay the interest on enough moneys there to run it. We ability of U.S. forces.’’ the debt. That makes the need for the have to keep it on budget to keep the The concerns of the distinguished balanced budget amendment about as pressure on everybody to do what is Senator from Connecticut are ade- clear as it can be. right to keep Social Security going for quately covered by the program-budget If we continue to allow this debt to our seniors. process. This is explained by the Sec- skyrocket, if we put loopholes such as Let me just take a few moments and retary of Defense as follows: this into the balanced budget amend- elaborate on the military readiness The U.S. national military strategy out- ment, if we do not stop this fiscal in- issues. lines a broad spectrum of commitments, spe- cifically that U.S. forces must be prepared to sanity that currently pervades our Na- The Dodd amendment is too vague. It fight and win the nation’s wars, deter ag- tion, we will simply not have the eco- merely acknowledges the status quo— gression and prevent conflict, and conduct nomic strength to stand on our own that there exists national security peacetime engagement. militarily or to protect our interests in threats that are routinely handled by The same report goes on to say that times of threat. There is nothing better the readiness components of our de- ‘‘U.S. forces are ready to meet these for our Nation’s defense than to adopt fense budget. Its adoption could actu- missions.’’ Senate Joint Resolution 1, the bal- ally undermine our ability to provide a Now, Madam President, the day-to- anced budget amendment, and be cer- responsive surge to escalating threats day national security risks that the tain that we will have the economics to our vital interests. Dodd amendment worries about are, as necessary to keep our military the best The amendment of the Senator from we can see, already inventoried and equipped, best trained force in the Connecticut does not acknowledge the covered in our defense budget. world. differences of national security inter- Let me return to another statement Indeed, the Dodd amendment could ests, nor does it tell us what is at of the former Secretary of Defense, be abused in a way that hurts our mili- stake. It is too broad, and by con- William Perry:

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1277 [The] challenge is to make sure the De- Everybody knows the esteem that all ify my amendment so as to remove any partment of Defense has the right resources of us have for the distinguished Sen- question of my intention here and what allocated to the right purposes in support of ator from West Virginia. The Senate the legislative office, in drafting this, readiness. means as much to him as anybody who informed this Senator that the lan- Here, the Secretary emphasizes the has ever sat in the Senate. This coun- guage ‘‘declared by joint resolution’’ need for the types of priority-making try means a great deal to him. He feels certainly means. If there is any doubt that the amendment before us would very deeply about his positions, and he in anybody’s mind, I’ll do that. The eviscerate since, again, everything argues them forcibly and eloquently. I last thing I want to do is have any one under the DOD amendment becomes a really do, indeed, after having thought Senator able to offer a resolution that priority. for quite a while about what he said would trigger a waiver of the balanced But, to balance this debate, let me this morning and early afternoon—he budget amendment. turn to Secretary Perry, who wisely spoke for about an hour and 40 min- Second, I think it is important be- cautioned: utes, as I recall—I thought I should at cause the Secretary’s name has been Even with a solid foundation of readiness funds in the DOD budget, the costs of least speak a little bit about that here raised by my friend from Utah on nu- unbudgeted contingency operations can re- today if I can. merous occasions. Allow me, for the duce resources to carry out training, mainte- The balanced budget amendment is benefit of my colleagues, to read from nance, and other readiness-related activities. appropriate in its subject matter and prepared testimony from the Secretary We share with Secretary Perry the approach to be included in the Con- of Defense: need to stress readiness and the cor- stitution. It establishes a process-based We are here today not to give you a com- responding need to be able to respond control on the part of the Federal Gov- prehensive discussion of the balanced budget to exceptional or contingency threats. ernment’s spending abilities, specifi- amendment, but rather to discuss specifi- In summary, Madam President, the cally, on its ability to borrow. Inas- cally one very important aspect, which is the balanced budget amendment as drafted much as borrowing affects all future effect it would have [the balanced budget offers a level of support to current de- Americans, our children and grand- amendment] on our national security and children, it is appropriate to place particularly the effect it would have on our fense planning that strengthens our de- defense programs. Almost any reasonable as- fense policy. In stark contrast, the rules on the Federal Government to sumption of how the balanced budget amend- amendment of my friend from Con- protect those Americans who will be ment would be implemented in spinning necticut would place our national secu- affected but are not now represented in budgets and in specific programs would af- rity interests at a level of great risk by this political process. fect the defense programs in a fundamental undermining the sound budget formu- Now, Madam President, I call myself way and I believe would fundamentally un- lation, priority-making, and manage- a student of the Constitution, and I do dermine the security of the Nation. ment practices that Congress and the not undertake to amend it lightly. Let me emphasize that and repeat it: President have worked out over the However, our history clearly shows the . . . I believe it would fundamentally un- past decade. need for a balanced budget constitu- dermine the security of the Nation. In addi- Now, I do not think I need to say tional amendment if we are ever going tion to that, the balanced budget amend- anything more about the Dodd amend- to balance the budget. Although the ment would threaten frequent interruptions ment. I hope that all my colleagues text of Senate Joint Resolution 1 is of many long-term processes that are essen- will vote it down because this amend- modest in length, it is very significant. tial to maintaining a prudent defense pos- ture. ment would just be another way of Its language has been worked out by eviscerating or doing away with the ef- Members of both parties over many, The statement goes on longer, but fectiveness of Senate Joint Resolution many years of fine tuning, and that those particular words certainly don’t 1, once passed by us and ratified by language has now reached the point leave any doubt as to where the Sec- three-quarters of the States. We have where it is a bipartisan, bicameral ap- retary of Defense stands on this issue. adequately protected our national se- proach. Third—and then I will allow my col- curity interests the way article 5 is Since constitutional amendments are league from Utah to pick up where he written, and we do it in a way that of such importance, I will take a few wanted to—I urge my colleagues to does not allow phony loopholes so the minutes to walk through the provi- read the report language in section 5 of people can spend more on liberal sions of the balanced budget amend- the Judiciary Committee on this projects. I guarantee you, if we adopt ment and discuss how they will cure us amendment, as it gives an explanation the Dodd amendment that will cause of our addiction to debt. Since the dis- of what section 5 means. On page 22, the amendment to be waived over for tinguished Senator from West Virginia Madam President, I am quoting, and it almost any reason. And all the moneys did walk through these, I would like to is dated February 3, 1997: raised will probably not be for the mili- maybe do the same. I will have more to This section, as amended, guarantees that tary over the year the amendment is say on this later. Congress will retain maximum flexibility in thrown out. Those moneys will be Mr. DODD. Will the Senator yield, to responding to clear national security crises, spent on liberal social programs, pre- respond to a couple of issues raised by such as in declared war or imminent mili- cisely what we want to emphasize. If the pending amendment? tary threat to national security. we do waive the balanced budget Mr. HATCH. Yes, I yield if I do not Now, if that is what it did, I would amendment and we provide a means to lose my right to the floor. not offer this amendment. But it does do that during serious crises, if we do Mr. DODD. I thank my colleague for not. It should take into consideration waive it then, we have to stand up and that. I want to respond to a couple of the declaration of war or imminent vote to do so and we do it because we provisions. The amendment we have military threat to national security. have to bolster our military, and it can before us, the amendment that I of- But that is not what the amendment be done only under very rare cir- fered here, requires that we face an im- says. The amendment says in section 5, cumstances where it really needs to be minent and serious military threat to which is before us: done. Under the Dodd amendment, it national security as declared by joint . . . the United States is engaged in mili- can be done under almost any cir- resolution. I was informed ‘‘as declared tary conflict, which causes an imminent and cumstance, almost any time anybody by joint resolution’’ does not mean serious military threat to national security. files a resolution to do so. That would someone really introducing a resolu- It is the ‘‘engaged’’ part that I have just plain do away with the effects of tion, but that a joint resolution would such difficulty with here, because if it the balanced budget amendment. have to pass both Houses. But I am just said ‘‘imminent military threat to I think that is enough for me to say fully prepared to offer an amendment. national security,’’ then you could say, about the Dodd amendment. I take a It would take unanimous consent to fine, I understand that. We have a few minutes now, because I think it is clarify any ambiguity about my inten- threat out there; we are not engaged important to do so, to pay respect to tion here. This is not a declaration by yet, but we have a threat. So we ought my dear colleague and friend who an individual Member, but a decision to be able to pass a joint resolution spoke earlier on the floor, the distin- by both Houses that an imminent and here that declares that threat to exist, guished Senator from West Virginia. dangerous situation exists. I will mod- and the waiver then would apply. But

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1278 CONGRESSIONAL RECORD — SENATE February 12, 1997 this is not flexible. My colleagues . . . is engaged in military conflict. amendment. It does not threaten the ought to understand that. It is not Here is how the report defines those underlying purpose of a balanced budg- flexible. You must have a declaration words: et amendment. I believe it is a lot of war and/or this Nation must be en- ‘‘. . . is engaged in military conflict,’’ is wiser to be cautious on all issues of na- gaged in military conflict, and it re- intended to limit the applicability of this tional security. This is not some sec- quires all 218 House Members and all 51 waiver to situations involving the actual use ondary or collateral issue. This is the Senators—not 49 to 48, but 51—to then of military force which nonetheless do not primary function of any government. waive the provisions. rise to the level of a formal declaration of The primary function is to protect the I think that is so restrictive. As im- war. security of the people. We have set a portant as my colleagues believe this This isn’t my language. This is the standard here that I think places that amendment is in dealing with the fis- report language. I am not interpreting primary responsibility in some jeop- cal matters of this country—and I am this language. It must involve the ac- ardy. not here to argue that point today, tual use of military force before they So for those reasons, I urge my col- Madam President, because that is an meet the threshold of imminent dan- leagues to accept this amendment. And ongoing debate. I accept the sincerity ger. I will be glad to yield the floor at this of those who propose this amendment. There are just hundreds of cases point. I will raise a couple of additional But I hope no one would suggest that, where something that does not involve issues in a few minutes. But let me as important as the fiscal matters of actual use of force can meet the yield the floor. this country are, we would make it so threshold of imminent danger. Yet, the Mr. HATCH addressed the Chair. restrictive for the Nation to respond to authors of the section, very clearly The PRESIDING OFFICER. The Sen- a military crisis that we would require —and you can imagine a Federal court, ator from Utah. a declaration of war or actual engage- some day in the next century, reading Mr. HATCH. Madam President, of ment in a conflict before we could de- this language as to what the words course the underlying amendment of cide to waive these provisions in order mean, and it doesn’t say likely use of the Senator from Connecticut threat- to respond to them. I think that is force or maybe a use of force, but ac- ens the very purpose of the balanced threatening. tual use of force. We have the awkward budget amendment. Even if he does This is a dangerous section, as writ- situation, to put it mildly, of this Na- make this small change of adding lan- ten, regardless of how one feels about tion responding to its primary func- guage that makes the resolution be- the constitutional amendment. This is tion—that is, to protect its citizenry came law, this certainly would improve dangerous. This is clearly dangerous. I when placed under threat. his amendment. That is a small mat- ask my colleagues—this is not report Again, I will offer at the appropriate ter. The reason he would have to do language now. We are talking about moment—I don’t know why I need to, that, if his intention is that the resolu- the actual words included in the or- but if certain people think I have draft- tion be passed by both bodies and ganic law of our country, the organic ed this in a way to suggest that any signed by the President, is because he law. Every word, every letter is impor- one Member can offer a resolution and has deleted specifically our require- tant. It is not insignificant. These are that is going to trigger a waiver— ment that any resolution become law, not casual words. To require a declara- again, I submitted my language to the meaning it passes both Houses and it is tion of war or to be actually engaged in legislative offices here to prepare this, signed by the President. military conflict before you can waive and they tell me that the ‘‘declared by So there is no other way the court the provisions of this constitutional a joint resolution’’ meets that standard would construe it other than the way I amendment, I think, is dangerous in- of what the intent is here—clearly, not have suggested it. But that is a small deed. I am offering an amendment just any one Member offering a resolu- matter because Senator DODD’s new which does not strike it altogether but tion, but obviously both Houses pass- which says ‘‘faces an imminent and se- amendment, assuming that he modifies ing it. I haven’t gotten to the language rious military threat to national secu- his current amendment, clarifies his in the amendment about the whole rity as declared by a joint resolution.’’ intent in one regard. He would make it House, in terms of having 51 people. We That way, if there is an imminent clear that a joint resolution must be- have seen situations where Members threat to our national security, a ma- come law. That would be an improve- jority of us here and in the other body don’t get back, for whatever reason, ment. can pass a resolution that declares that where some crisis faces the Nation and But my other criticisms remain. to be the case, and then we ought to be Members can’t get here. What a ridicu- There would be too many instances in able to waive the provisions and re- lous situation to place this body in. I which Senate Joint Resolution 1’s re- spond to them. know we’re not living in the horse-and- quirements could be waived. Today, My colleagues know as many exam- buggy age here, when Members any action by a foreign nation can pose ples as I do where we have not met the couldn’t get here and where they sat an imminent and serious military threshold of a declaration of war or around and waited for enough Members threat to our Nation. Under Senator been engaged in a military conflict. to arrive which would allow a majority DODD’s amendment, any such action Examples where we, the overwhelming of both Houses to respond. But we sat would allow Congress to engage in in- majority, I suspect, would have as- here and determined that somehow creased social spending, and waive this sumed there was enough of an immi- meets purity, and insisted upon the balanced budget amendment. nent threat out there that we should whole of both Houses, and then, of To me that is ridiculous. It isn’t a have responded. We also see a highly course, I believe we excluded the Vice protection. It is just another way to divisive country when we see that. I do President from casting a vote in a tie. continue business as usual. I frankly not offer this lightly, as others have You have to have 51 votes of the Mem- am not for that, and I do not think suggested, as somehow a back-door ap- bers, and the Vice President while the most others will be either. proach for liberal spending programs. Presiding Officer is not a Member of Look closely at the Dodd amendment This goes right to the heart of our Na- this body. And I think that is a short- that allows all spending to increase— tion’s response to a crisis and whether coming as well. It is minor compared not just military spending. The osten- or not we elevate the importance of fis- to the actual language here that re- sible purpose is to protect us militarily cal prudence here to such a status that quires a declaration of war, or as the and our national security. But it it exceeds the ability of the Nation to report language defines is engaged in waives the budget for all spending. It respond under its primary, essential military conflict, it must involve the makes one wonder why. And it allows function, and that is to protect the se- actual use of military force. I think virtually any action by any country— curity of our Nation. that standard is way too high for us to certainly countries like Russia or I suggest, Madam President—in fact, be able to waive the provisions of this China—to justify increased social I will read this. On page 22, the last balanced budget amendment to respond spending. section—they define, by the way, in to a security crisis in this country. I have to admit that my colleagues these sections what each word means. You can vote for my amendment, and are ingenious at wanting to keep the The bottom of page 22 of the report. you can be for the balanced budget status quo going, and that is their

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1279 right to unbalance the budget and tion,’’ period. I imagine he is willing to Mr. DODD. A cloture vote is not a tie spend and spend and spend so they can modify his amendment and add ‘‘which vote. There you have to have a number go home and claim, ‘‘Look at what we becomes law.’’ The ‘‘which becomes of votes. are doing for you.’’ They are putting us law’’ would make this amendment a Mr. HATCH. Neither would they be. into bankruptcy. And all of us are little bit better. But, frankly, it In other words, what we are doing—— doing it, both parties, without any re- doesn’t solve the problem of the easy Mr. DODD. You don’t get cloture 50– straint. Now they want to remove this ability anybody would have for any- 50. restraint. To be honest with you, I thing that can be called ‘‘facing an im- Mr. HATCH. No, you get cloture at think basically what people want to do minent and serious military threat to 60—— is just keep business as usual. our national security’’ which can in- Mr. DODD. Right. On matters that Secretary Perry in accepting the clude almost anything. That would be require a simple majority, will my col- Dodd amendment would admit that the the easiest way to waive this amend- league cite a single example where a readiness principles are wrong that he ment at any time any social spending simple majority is required in this articulated. For example, he would be becomes the desire of the people and body where the vote of the Vice Presi- saying that current threats are not the Congress. And, by the way, that is dent would be excluded? covered. The Dodd amendment has no what is causing our problems for 28 Mr. HATCH. Yes. Every vote where it plan for a contingency. National secu- straight years now—social spending. is not 50–50. rity is always a justifiable budget bust- I am so afraid I am going to knock Mr. DODD. I am saying where the er regardless of the crisis of the mo- these over sometime and squash some- vote is 50–50. ment. body, and they would squash some- Mr. HATCH. Well, where the vote is Let us just read the language that body. It would probably break some- 50–50, where that is required, yes, but the Senator would change. The way the body’s leg. I have been told by a num- we are talking about a constitutional original amendment, the underlying ber of Senators that we are violating amendment. amendment, Senate Joint Resolution 1 OSHA. Too bad OSHA doesn’t have Mr. DODD. I am not talking about reads, section 5 says, ‘‘Congress may control over this separated power. But the amendment. I am talking about a waive the provisions of this article for there is no other way to show to the provision—— any fiscal year in which a declaration American people just how really bad it Mr. HATCH. Let me finish. of war is in effect.’’ That is the same. is—28 straight years of unbalanced Mr. DODD. That requires that this ‘‘The provisions of this article may be budgets. And now we are going to put body act, and that is the provision of waived for any fiscal year in which the changes in this amendment that would the constitutional amendment, re- United States is engaged in military allow us to go to 29, 30, right up to 68 quires that the whole House of both conflict which causes an imminent and years, or more. We will never get it Chambers vote. serious military threat to national se- under control, if we have amendments Mr. HATCH. That is right. curity and is so declared by a joint res- like this. So we have to stand up and Mr. DODD. And it requires 51. olution adopted by a majority of the do what is right. Mr. HATCH. Right. whole number of each House which be- Mr. DODD. Will my colleague yield Mr. DODD. My question is, can my comes law.’’ That is what the current for a question or so? colleague from Utah cite a single ex- amendment says. That is a tremendous Mr. HATCH. Yes. ample where a supermajority is not re- protection. Declaration of war or waiv- Mr. DODD. First of all, I raised the quired, where there is a 50–50 tie, that er by a joint resolution passed by the issue about the Vice President because the vote of the Vice President would be whole number, a majority of the whole it is unclear. excluded in that situation? number of both Houses, meaning a con- Mr. HATCH. The Vice President Mr. HATCH. Yes. In every vote in the stitutional majority, which becomes would not have a right to vote here, House of Representatives. law and signed by the President. Under but he doesn’t have a right to vote for Mr. DODD. No, in the Senate. those circumstances this balanced this amendment either. Mr. HATCH. Let me finish. I cannot budget amendment can be waived. Mr. DODD. Let me ask my question. cite a single example in the Senate, but There are those who are strong sup- Under section 5, as drafted in the pro- that is irrelevant. The fact is the rea- porters of the balanced budget amend- posed constitutional amendment, then son we are writing the constitutional ment which didn’t want this language the vote by the whole of both Houses amendment is to provide a means in here. Senator Heflin and a number of would exclude the vote by the Vice whereby you have to have a constitu- us worked this out so that both sides President. Is that correct? tional majority, without worrying would feel that they are adequately Mr. HATCH. That is correct, just like about the Vice President, who is not a taken care of. But it is no secret. There a vote for this constitutional amend- Member of this body other than to pre- are a lot of people who do not want this ment excludes the Vice President, and side, if he wants to, and break majority section at all because they believe that countless other votes exclude the Vice vote ties. We are saying that we need a a patriotic group of Senators and President. constitutional majority of at least 51 Congresspeople would naturally waive Mr. DODD. We are talking about a Senators to resolve this problem, and the balanced budget amendment by a waiver issue here. at least 218 Members of the House. And Mr. HATCH. In any event, he would higher vote, by the three-fifths vote since it is a constitutional amendment, be excluded. necessary to do it to put us into more we would be changing the current Mr. DODD. Is there any other situa- debt to pay for it. But we have made it method of budgeting to require higher tion which my colleague from Utah can a much lesser standard. It will be a majority votes in order to waive the cite in which we have excluded the vote constitutional majority required by balanced budget amendment require- of the Vice President in a tie vote? both Houses. Mr. HATCH. Every constitutional ments. That is what we are doing. Look at the way the distinguished amendment that has ever been passed. Mr. DODD. Let me ask my colleague Senator from Connecticut would have Mr. DODD. I am talking about a mat- a couple other questions. this read. ‘‘The Congress may waive ter that would come before this body. Mr. HATCH. Sure. the provisions of this article for any Mr. HATCH. Sure. On cloture votes; Mr. DODD. Under the language of fiscal year in which a declaration of all cloture votes. You will have to have this amendment, would the decision to war is in effect.’’ ‘‘The provisions of 60 votes. send 100,000 troops to the gulf—— this article may be waived for any fis- Mr. DODD. That is a procedural vote. Mr. HATCH. Will the Senator yield? cal year in which the United States is Mr. HATCH. Procedural or not, that Mr. DODD. Certainly. engaged in military conflict which is what this vote would be. Mr. HATCH. Because I do think I just causes’’ but in which the United States Mr. DODD. To waive. need to make a couple more comments ‘‘faces an imminent and serious mili- Mr. HATCH. Sure. That would be on the Vice President. tary threat to national security.’’ And both procedural and substantive. Clo- Mr. DODD. I am sorry. then he strikes ‘‘and is so,’’ and then ture votes are substantive and proce- Mr. HATCH. Just to make the record. just says ‘‘as declared by a joint resolu- dural. The question does arise, as the Senator

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1280 CONGRESSIONAL RECORD — SENATE February 12, 1997 phrased, as to how Senate Joint Reso- three-fifths number of the whole num- the first time in the history of this lution 1 affects the obligations of the ber of each House of Congress—that country. Section 5 says adopted by a Vice President, as President of the section 1 waiver to allow outlays to ex- majority of the whole House and its Senate, to vote in case of a tie vote in ceed receipts; section 2 waiver to in- Members. We exclude the Vice Presi- the Senate. The answer is that a bal- crease the limit on the debt, or the dent in a 50–50 tie. anced budget amendment does not constitutional majority provisions—a Mr. HATCH. Right. change the Constitution’s basic reli- majority of the whole number of each Mr. DODD. In casting a vote. ance on simple majority votes or the House—section 4 requirement to raise Mr. HATCH. That’s right. Vice President’s role in casting a vote revenue, section 5 requirement to Mr. DODD. We do not do that under in those cases where Senators are waive amendment when the United any other circumstance in the 208-year- equally divided. States is involved in military action old history of this Republic—— Article I, section 3 of the Constitu- that is a threat to national security— Mr. HATCH. Other than the ones I tion provides that ‘‘The Vice President would work the same way as the Con- have listed. of the United States shall be President stitution’s other supermajority provi- Mr. DODD. I say to my colleague. It of the Senate, but shall have no vote, sions. is not a supermajority here. It is a dan- unless they be equally divided.’’ Because these supermajority provi- gerous precedent in my view. So on a 50 By the plain meaning of this provi- sions require a majority vote of the to 50 vote on whether we met the other sion, the Vice President is not a mem- whole number of each House of Con- standards would fail and the President ber of the Senate. He is merely the Pre- gress, and it is clear that the Vice of the United States would not be able siding Officer, the President of the President is not a Member of either to act. Senate, a neutral empire, and thus can- House, these provisions, like the two- Let me ask my colleague from Utah not vote or take part in the delibera- thirds vote in the Senate for treaties, just a couple quick questions. I cited tions of the Senate. And even though is an exception to the simple majority examples earlier, putting aside whether our current Vice President is a former vote general rule that the Vice Presi- you agreed or disagreed with the action member of the Senate, he is no longer dent may vote in cases of a tie in the taken. In August 1990, when President a member of the Senate. He is a mem- Senate. Bush sent 100,000 troops to the Middle ber of the executive branch. But he Moreover, with a supermajority re- East, were we in actual—to quote the does have that function. quirement, a tie vote is meaningless. language of this section 5, were we en- The only exception to this is where For instance, 60 votes in the Senate gaged, in the Senator’s opinion, in there exists a tie vote. In that case to would be required to raise the debt military conflict at that point? ‘‘secure at all times the possibility of a ceiling, where a three-fifths vote is re- Mr. HATCH. Sure. definitive resolution of the body, it is quired under section 2 of this amend- Mr. DODD. Were we engaged at that necessary that the Vice President ment, and 51 votes would be needed to point in August 1990 for the United should have only a casting vote.’’ raise taxes as required by section 4. A States—— That was taken from Federalist 40 to 40 vote or even a 50 to 50 vote does Mr. HATCH. When we sent troops to Paper No. 68 written by Hamilton. not meet that requirement. Therefore, Saudi Arabia? But the situation where the Vice the Vice President would have no role Mr. DODD. Yes. By the way, the in- President can break a tie vote only ap- in casting a deciding vote. But that terpretation of engaged is actual use of plies to a simple majority vote, the does not in any way diminish his con- military force. run-of-the-mill ordinary vote of the stitutional authority. Mr. HATCH. Well, we already had Senate. It very seldom happens but it Madam President, what we are debat- had attacks by the Iraqis and we were can happen under those circumstances. ing here is very important. What the there to protect our people. I would say Where the Constitution, however, pro- balanced budget amendment does is es- that. vides for a supermajority vote, in situ- tablish a constitutional requirement Mr. DODD. How about lend-lease, ations where the Framers of the Con- that Congress live within its means, under President Roosevelt? stitution feared the passions of the ma- that we quit doing this to America, as Mr. HATCH. One thing about lend- jority rule would retard reasoned delib- represented by these 28 years in a row lease that I felt was very important is eration, there really is no occasion for of unbalanced budgets since 1969. All that during that period of time if we a tie vote, and therefore the Vice Presi- the supermajority requirements are had any deficits at all, they were very dent may not vote. saying is that if Congress wants to minor. These include the two-thirds require- waive the Constitution, a simple ma- Mr. DODD. They were large. They ment of each House to override a veto. jority will not do. You have to have a were 36 percent of the overall budget, When the President formally rejects true majority—in the case of the sec- much larger than they are today. legislation passed by both Houses of tion 4 requirement to raise revenue and Mr. HATCH. Before that they were Congress, the drafters of the Constitu- section 5 requirement to waive the minor in comparison to what we have tion contemplated the simple demo- amendment when the United States is today. cratic majoritarian rule does not serve involved in a military action that is a Mr. DODD. The point I am trying to the best interests of this country. A threat to national security—or a super- get at here is the question of actual— constitutional majority will not even majority in the case of the section 1 the language here of section 5 is ‘‘is en- do in that instance. Congress may waiver of the balanced budget require- gaged in military conflict.’’ I make a override the President’s veto only by a ment or the section 2 waiver of the strong case to the Senator here that in supermajority vote. debt limit. And every Senator and those situations we were not engaged The two-thirds vote requirement of every Congressman must be on record in military conflict. the Senate to give its advice and con- and thereby accountable to his or her Mr. HATCH. Sure, we were. sent to treaties and the two-thirds vote constituency. Mr. DODD. We ultimately became en- requirement of the Senate to convict Now, I have at least 3 or 4 hours more gaged. on impeachment are other examples that I could go on on this subject. Mr. HATCH. They were moving where the Vice President has abso- Mr. DODD. I am not going to press forces and materiel and—— lutely no vote whatsoever. my colleague. The point I wanted to Mr. DODD. That’s not engagement. I add the votes on cloture. You are make, if my colleague will yield fur- Mr. HATCH. It may not be, until we going to have at least 60 votes in order ther, is that we are creating an unprec- shot the first shot, but the fact is that to invoke cloture. You could go on I edented exception. The waiver provi- is what happened, and when it did hap- think. sion—put aside the constitutional pen, I cannot imagine either House of In each of these cases the Vice Presi- amendment. I am not debating that. I Congress not voting to provide a con- dent has no role in casting a deciding am debating this one section. stitutional authority to provide what- vote. Mr. HATCH. All right. ever help the military needed. The balanced budget amendment Mr. DODD. Under this one section we Mr. DODD. Doesn’t it make more supermajority provisions, whether the are carving out a unique exception for sense to leave out your declaration of

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1281 war language here and then have the As important as fiscal matters are, to Mr. HATCH. I am not getting emo- threshold as an imminent threat? We place in jeopardy the ability of the tional. all have to vote here. It’s not as if it United States to respond quickly and Mr. DODD. ‘‘Faces an imminent and happens by one person. But at least efficiently to an imminent threat to its serious military threat to national se- you could respond without a court. Be- national security, for the life of me, I curity as declared by joint resolution.’’ cause I could imagine you might take don’t understand why we would be risk- Mr. HATCH. I read that. the position in the Persian Gulf that ing that. Mr. DODD. Is my colleague sug- that could have been the outcome. Let Mr. HATCH. If I could regain my con- gesting, that the majority would go us say I disagreed with you. I run to trol of the floor? along willy-nilly with this resolution Federal court. I read the language The PRESIDING OFFICER. The Sen- because they wanted to spend more on there and I cite the report language ator from Utah. the program. Are we not faced with the and the report language says, under Mr. HATCH. We are saying precisely perverse situation of having Presidents this section, ‘‘is engaged in military the opposite. We are saying to keep declare war in order to meet the stand- conflict involving the actual use of this country secure, to have this coun- ard of some imminent threat here? military force.’’ try remain the greatest country in the Mr. HATCH. I don’t think so. My point to the court would be that world, quit spending it into bankruptcy Mr. DODD. This language is very is not actual use of military force. and put some fiscal mechanism in the clear. It is pointed at a very important Therefore you cannot waive this provi- Constitution that requires us to quit situation that would be before us. And sion. spending it into bankruptcy. If we to suggest somehow this is a back-door Mr. HATCH. You don’t think moving want to have a strong military, then, attempt to fund spending programs on billions of dollars worth of military by gosh, let us be willing to stand up domestic issues, does my colleague force into the Persian Gulf—— and vote for it. really believe the majority in the Sen- Mr. DODD. I think actual use of mili- I have to tell you, this Senator for 21 ate here today would vote for a back- tary force is my interpretation. I don’t years has been a strong supporter of a door domestic spending increase—— understand—— strong national security. I voted for Mr. HATCH. No, I don’t think it Mr. HATCH. That might be an argu- virtually everything that would help would. ment in this body. If it is, then those this country and protect our young Mr. DODD. On the grounds there was who want to increase military spending men and women. I think, in a time of imminent threat to our national secu- or waive this budget, all they have to imminent threat to this country, I rity? do is get a constitutional majority to have never seen a case since I have Mr. HATCH. I don’t think a majority do so. We are just saying it should not been here where liberals, moderates would vote to do that. But I am saying be easy to waive the constitutional and conservatives alike would reject that is what this amendment would amendment. protecting our young men and women. allow a majority to do, a simple major- Mr. DODD. I don’t think this is easy, We are not going to see it in that case. ity. We are saying that is wrong. We But I will tell you this, there is no as you are suggesting it is. But you are have provided enough of a safety hatch justification whatsoever to put into putting a straitjacket, in my view—— to protect the country the way the this amendment the changes that the Mr. HATCH. Hardly. amendment is written. If we adopt the distinguished Senator from Con- Mr. DODD. Putting a straitjacket on amendment of the distinguished Sen- necticut wants, which would allow the the ability of this country in future ator from Connecticut, my goodness amendment to be waived for almost years to respond to a threat to na- gracious, we could have the balanced any circumstances and, frankly, tional security by insisting on a dec- budget amendment waived for a year waived for what? Because they are laration of war and actual conflict—ac- any time we want to and it would just going to spend more money on the tual conflict. nullify the effectiveness of the bal- military? Give me a break. It is going Mr. HATCH. Hardly. What we are anced budget amendment. to be so they can continue spending the saying is if it’s an actual conflict and I do not see anything wrong with the way they always have, so they can con- something that deserves the United President either declaring war or com- tinue to build this mountain of paper, States of America risking its soldiers ing up here to make a case he needs of national debt that we have had for 28 and its young men and women, then more money for the military, but he or straight years, and out of the last 66 she ought to come up here—— the President ought to declare a war or years, 58 years of debt. come up here and say, ‘‘I want a con- That is what we are trying to stop. If Mr. DODD. If my colleague will yield, stitutional vote to support me.’’ we want a strong military, if we want that is what the amendment says. Mr. DODD. My colleague knows how strong national security, if we want to Mr. HATCH. No, I am not yielding mischievous people can be in utilizing protect ourselves from imminent here. I want to finish my comments. things like this. threats, if we want to protect ourselves Mr. DODD. I thought the debate was Mr. HATCH. Not when it comes to from war, if we want to protect our- kind of healthy. our young men and women. Give me a selves from being invaded, if we want Mr. HATCH. I will yield to my col- break. to protect ourselves and our allies, league, but I would like to be able to at Mr. DODD. If you are short of a con- then by gosh we better get spending least finish a sentence now and then, or flict and try to get ready for it and try under control. And this balanced budg- at least once in a while. to get the votes to prepare for it, we et amendment is about the only thing I think it is very important that have seen the debates that rage here. the vast majority of us in Congress Presidents make their case, and I think Mr. HATCH. True, and those de- right now can think of that will help us Presidents can make their case, who- bates—— to do it. ever the future Presidents would be. I Mr. DODD. And you are offering, I Mr. DODD. If my colleague will think we would be very loathe to reject suggest, to a potential enemy a won- yield? a President’s case that the national se- derful arrow, an additional arrow in Mr. HATCH. What the amendment of curity is being threatened. I cannot their quiver, where they can sit there the distinguished Senator from Con- imagine the Congress doing that, to be and say, ‘‘They are at the end of the necticut would do is it would just plain honest with you, since the Second fiscal year. These people have difficul- make it so anybody could waive the World War. Up to then we kind of ties. They’d have to rearrange their balanced budget amendment for any blithely went along, acting like noth- budget. It is going to require votes of reason at any time. And I guarantee it ing is ever going to happen because we the whole House. People could not will not be waived to increase military are way over here. This is now a very show up.’’ I see this as an advantage. spending. small world, and our country knows we You are subjugating, I say with all due Mr. DODD. If my colleague will yield, have to back keeping ourselves strong respect to my wonderful friend, you are my colleague had read this amend- because we are, frankly, the bulwark subjugating national security interests ment. My colleague is getting a bit for freedom all over the world. to the fiscal concerns you raise in this emotional. If he would read the amend- One thing I really don’t think we budget. Your priorities are switched. ment—— should do, and I think a vast majority

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1282 CONGRESSIONAL RECORD — SENATE February 12, 1997 in this body will also not think we economy, because we’ll stop devoting our Nation and the security of our chil- should do, is to make it possible to about 15 percent of our annual budget dren. If we balance budget, we take the waive this amendment at the mere ma- just to net interest payments. risk that our individual priorities may jority vote of some future Congress, And, in fact, at the very height of the or may not prosper. If we don’t balance just because somebody alleges, through cold war, during the 151⁄2 years of the the budget—if we don’t pass this a resolution, that there is some immi- Truman and Eisenhower administra- amendment—we risk the future of our nent threats. tions, we still managed to balance the Nation and our children. I trust the I yield to my colleague from Idaho. budget 7 times before spending on do- American people to have the right pri- Mr. CRAIG. I thank the chairman for mestic social programs really took off orities—and to elect Senators and Rep- yielding. in the 1960’s. resentatives who reflect those prior- Mr. President, the Dodd amendment The debt is the threat to defense. Es- ities, at last, in a series of balanced is more loophole than law. calating interest payments crowd out budgets. Whatever the Senator’s intentions, all other priorities. In 1976, 7.2 percent The balanced budget amendment— this amendment actually would put a of the Federal budget went to make in- Senate Joint Resolution 1 two-step loophole in the balanced budg- terest payments on the Federal debt. unamended—already takes national se- et amendment and in the Constitution: In 1996, net interest consumed 15.5 per- curity into consideration. Look back Step one: Declare a military threat cent of the budget. As a result, Defense at our history. with a simple majority; and other programs have already felt Traditionally, our Nation ran deficits Step two: Deficit spend as much as the budget knife. during wars and paid back its debts you want, on whatever you want. According to the report of the Na- during peacetime. Senate Joint Resolu- That’s it. The plain words of this tional Entitlement Commission tion 1 would restore exactly that norm amendment actually do nothing to help chaired by our colleague Senator of behavior. Only in the last few dec- military preparedness. KERREY of Nebraska, and our former ades has the Government borrowed and The relevant wording of the amend- colleague Senator Danforth: spent in good times and bad, in war, ment, as it would be amended by Sen- By 2012, unless appropriate policy changes peace, and cold wars. ator DODD’s words are as follows: are made in the interim, projected outlays Senate Joint Resolution 1 is careful The provisions of this article may be for entitlements and interest on the national and precise: A waiver may be had by a waived for any year in which the United debt will consume all tax revenues collected simple majority in the case of a de- States faces an imminent and serious mili- by the federal government. clared war. There are serious con- tary threat to national security as declared That means no money left for de- sequences—both to the people here at by a joint resolution. fense—or capital investment, edu- home and in terms of international Nothing in the Dodd amendment re- cation, the environment, national for- law—when you declare war. It is an act quires its deficit spending to be dedi- ests and parks, law enforcement, of survival, an act of the highest ur- cated to defense. Nothing in the Dodd science, or other domestic discre- gency. amendment requires its deficit spend- tionary programs. Next, Senate Joint Resolution 1 re- ing to be dedicated to meeting the ‘‘im- The balanced budget amendment is quires a vote by a ‘‘majority of the minent and serious military threat.’’ the best friend our national defense whole number’’—a constitutional ma- After declaring a military threat, Con- could have. The Congressional Budget jority—to deficit spend if we are actu- gress could then vote to cut defense Office estimates that moving toward a ally in a military emergency and en- spending—maybe with the argument balanced budget during fiscal year gage our armed forces. This is a slight- that a gesture of peace and good will 1998–2002 will reduce Federal debt serv- ly higher threshold—added by former would defuse that imminent military ice costs over that period by $36 billion Senator Heflin, who was both a deficit threat. Then Congress could vote, by and improve economic performance hawk and a defense hawk—and it is ap- simple majority, for unlimited deficit enough to produce a ‘‘fiscal dividend’’ propriate, since we are talking about a spending for any and all non-military of another $77 billion in revenues and conflict here that is still legally not a spending programs. Would Congress use interest rate savings, making more declared war. this loophole cynically as an excuse to money available over the long-term for Finally, in all other cases, we require deficit spend? I’m reminded of the priorities within a balanced budget. a three-fifths vote to deficit spend be- movie, ‘‘Field of Dreams,’’ in which the Committing to a balanced budget— cause deficit spending has become a lead character was told, ‘‘If you build and it’s not a convincing commitment cancer on our economy and it should be the ball field, they (the players) will without this constitutional amend- hard to run up ever-higher debt. come.’’ When it comes to the hard ment—actually helps pay for itself. Mr. President, what the amendment choices of balancing the budget, you The balanced budget amendment does, and I think the Senator from could say, ‘‘If you build the loophole, places trust in the people—the Dodd Connecticut is well aware, is it returns they will borrow and spend.’’ amendment distrusts the people. I am us to the traditional pattern of defense The Dodd amendment still follows willing to risk my priorities under a spending. We used to, in times of war that old, status quo, borrow-and-spend balanced budget. That’s the whole and national emergency, deficit spend mentality. There are those who really point of balancing the budget—it re- only to pay it off afterward because we cannot conceive of a world without def- quires us to set priorities. believed in the fiscal solvency and the icit spending. When former Senator Simon used to fiscal importance of a balanced budget. They believe the American people join us on this floor in sponsoring the Somehow, about three decades ago, we want to have their cake, eat it too, and Balanced Budget Amendment, he was went screaming away from that idea. send a big credit card bill to the next quite clear in his priorities under a bal- We borrowed through World War I and generation. They believe you can have anced budget: then we paid it back. We borrowed everything, if only you keep deficit Raise taxes, cut defense, increase so- through World War II, and we worked spending. The trouble is, if we don’t cial programs. And I have been quite every effort to pay it back. That is ex- stop deficit spending, we will lose ev- clear in my priorities under a balanced actly what the constitutional amend- erything: our prosperity, millions of budget: Restrain the overall growth of ment does. In neither of those cases did jobs, economic security for our senior spending; cut wasteful domestic social we find ourself in imminent danger, citizens, and the American Dream of a programs; safeguard our national de- other than our own philosophy as a na- better life for our children. fense; and cut taxes to be fairer to fam- tion. I suggest we really can have an ade- ilies and spur economic growth, if pos- But, when it came to rally to the quately prepared defense and regularly sible. cause of human freedom for this coun- balanced budgets, too. But Paul Simon and I both felt it was try, we deficit spent. But we paid it In fact, the more we balance our so imperative that we require balanced back afterward. The tragedy of today is budgets, the more we will have to budgets, that we were both willing to that we fail to recognize that form of spend on defense—and every other pri- risk our individual priorities for the fiscal responsibility. ority—because of a healthy, growing greater good—the economic survival of Mr. DODD. Will my colleague yield?

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1283 Mr. HATCH. I will be happy to yield for something that may involve the en- really what is the thrust of this amend- for a question, but could I yield on gagement of our men and women, our ment, in the eyes of many. your time? forces, and prepare them for it and pre- I respect my colleague from Con- Mr. DODD. Please. I am not sug- pare the Nation for it. We cannot do necticut. Yes, I get a little excited gesting here—let us put aside the un- that under section five as presently about these kind of amendments, too. derlying debate on the constitutional written. The whole purpose of a balanced budget amendment to balance the budget. The PRESIDING OFFICER [Mr. amendment is to give us some mecha- Even if my amendment were to be FAIRCLOTH]. The Senator from Utah. nism to try and stop this charade, and, adopted, I say to my colleague from Mr. HATCH. Mr. President, my col- frankly, I think most people in Amer- Utah, he knows I have serious reserva- league, as I can see, feels very deeply ica, if they really look at it, become tions with the underlying amendment. about his position. I am not casting as- very cynical about Congress, because I merely wanted to address this one persions on him. I know he is very sin- they see this charade that’s been section here. cere in what he is doing here today, but caused over 28 straight years now. Mr. HATCH. I understand. all we are saying is unless the Presi- They see us trying to find every way Mr. DODD. The language—I urge dent declares a war, which he has in his we can to spend more and more. Some again my colleague to read it—I am amendment, that this article can’t be are so cynical that they believe people not making the language up and writ- waived for a fiscal year, for any fiscal around here spend so they can keep ing the report language—says, ‘‘in year unless the United States is ‘‘en- themselves in office and go home, beat which a declaration of war is in effect,’’ gaged in military conflict which causes their breasts, and say, ‘‘Look what I and, also, ‘‘The provisions of this arti- an imminent and serious military have done for you.’’ They never say cle may be waived for any fiscal year in threat to national security and is so ‘‘with your own money, your own bor- which the United States is engaged in declared by a joint resolution adopted rowed money.’’ a military conflict.’’ by a majority of the whole number of We are trying to stop this charade. Put aside the issue of how we vote each House, which becomes law.’’ We are trying to at least put some here. The language says ‘‘is engaged in If we take what the distinguished dents in it, and the balanced budget a military conflict.’’ I turn to the re- Senator from Connecticut wants, then amendment might do that. port language that defines those words. it would be a tremendous loophole. It Mr. LEAHY. Mr. President, I think On page 22, it says it must involve the would allow people who are not as sin- that Senator DODD has put his finger actual use of military force. cere as he is to come in here and waive, on a very serious flaw in the language I just know my colleagues can think on simple majority vote, the whole bal- of the proposed constitutional amend- of numerous examples—not phony anced budget amendment for almost ment. ones, not insignificant ones—where any reason at all it will ruin our Section 5 of the proposed amendment there was imminent threat, the na- chance for fiscal responsibility. requires the United States to be en- tional security of this country was in The Senator from Connecticut is con- gaged in military conflict before a jeopardy, we were not engaged, we were fusing the question of congressional waiver may be obtained. The military not actually using military force, but authorization of military action with conflict must be one that causes an im- we would have wanted to waive the spending measures. The balanced budg- minent and serious military threat to provisions of this particular section in et amendment has no effect on the national security. Moreover, the Sen- order to respond to it. ability of Congress to approve actions ate report’s section-by-section on this Whether you are for or against the like Panama. It has no effect at all. language compounds the problem by constitutional amendment, it seems to What the balanced budget amendment indicating that only certain kinds of me is a collateral issue at this point. does require is that when it comes to military conflict may qualify. Only The question I raise is: This language paying for those actions, that we act military conflict that involve the ac- is so restrictive, it requires a declara- responsibly and only waive the amend- tual use of military force may serve as tion of war or actual engagement. ment in the case of a declaration of a basis for this waiver. Courts will interpret every word of this war or if we have a three-fifths vote of I hope that this is not what the au- language in the constitutional amend- both bodies to do so. It is just that sim- thors, sponsors and proponents of this ment. ple. constitutional amendment truly in- My suggestion is not to get rid of Or, if we actually are ‘‘engaged in a tend. If it is, they are creating con- this altogether. Keep in the declaration military conflict which causes an im- stitutional circumstances that make of war, but add or replace the language minent and serious military threat to military spending and preparations ‘‘engaged’’ and talk about the immi- national security and is so declared by easier only when military force is actu- nent threat to the national security a joint resolution adopted by a major- ally used and military conflict ensues. and require a resolution to be adopted ity of the whole number of each Arming to deter aggression would no by both Houses so that it isn’t just one House,’’ in other words, by a constitu- longer be the preferred course, aiding person’s interpretation, but that a ma- tional majority, that is all this amend- allies in a conflict rather than dis- jority of those present and voting in ment does. patching U.S. military forces would no both Houses. I think to a degree, the distinguished longer be as viable and alternative and That is not a slight hurdle to over- Senator from Connecticut is mixing rebuilding our military capabilities come, particularly when it amounts to the President’s Commander in Chief after a conflict would no longer be pos- waiving the provisions of a balanced authority to act with congressional au- sible without a supermajority vote of budget amendment. I presume my col- thority to provide resources. The Com- three-fifths of the Congress. I cannot leagues will take that seriously. But mander in Chief can act. There is noth- believe that anyone in the Congress we ought to be able to do it short of ac- ing that stops the Commander in Chief would propose such restrictive meas- tual engagement in a conflict, and if from acting, and if the moneys are ures. we don’t, I think we restrict this Na- there, he can act in ways that utilize I have spent much of my time in the tion’s ability to respond to future con- more money. But the fact of the mat- Senate working with Republican and flicts that could jeopardize our na- ter is, if the moneys are not there, he Democratic administrations to avoid tional security and the people of this or she is going to have to come up here the actual use of military force. This country. and make a case, and I can’t imagine amendment is written in such a way We do not take our jobs lightly. We where there is an imminent and serious that it serves to encourage such use. would have to meet that threshold. We military threat to national security Nothing that would serve to place our would understand by doing so, we that the Congress will not provide the men and women in harm’s way more would waive the provisions of the Con- necessary votes. We do not challenge quickly or leaves them less well stitution. That is a very serious matter the President’s authority. Rather, the equipped or prepared should garner the to undertake. It is not just a casual balanced budget amendment opponents support of this Senate. I hope that all resolution. But it seems to me we resist congressional control over all Senators will consider favorably Sen- ought to be able to do so in preparation spending, including defense, and that is ator DODD’s important amendment. I

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1284 CONGRESSIONAL RECORD — SENATE February 12, 1997 urge the manager and the sponsors of the deficit, this clause will prevent a waiv- That is important. While this may resolution to abandon their no-amendments er for a specific purpose, such as an not seem important to some people, strategy and consider the merits of the Dodd economic downturn, from opening the consider how long it has been since we amendment. door to a whole range of deficit-funded had a balanced budget—28 solid years Mr. HATCH. Mr. President, I think spending. now. These are all unbalanced budgets maybe we spent enough time on this. I Another key feature of section 1 is for 28 years. That is why this stack of would like to spend a few minutes re- that it requires any waiver to be by books next to me is so high. plying to Senator BYRD, who I respect rollcall vote. A rollcall vote will be re- deeply and who is one of the people I The President’s budget does not bal- quired to ensure the required three- most admire in this body. He spoke for ance this year either. He claims it will fifths vote has been recorded so that about an hour and a half, an hour and get us to balance by 2002. I hope we can the American people will be able to see 40 minutes this morning in a very in- work with him to do that. But without who stood for fiscal responsibility and telligent and eloquent way, but I think a balanced budget amendment, I fear it who for adding more debt on our chil- there are a number of things about his is not going to happen. If you look at dren’s and grandchildren’s heads. The remarks that do need to be clarified. his budget, 75 percent of the cuts are in Like I say, the text of section 1 of balanced budget amendment will in- the last 2 years, when he is out of of- this amendment before the body is crease accountability in Government. fice. So it is pretty clear to me that it modest in length. It is very significant. Gone will be the days of late-night un- is not as sincere an attempt as I would It is language that has been worked recorded voice votes to spend away like to see it. The President under- out over many years in a bipartisan, America’s future. If there is to be a def- stands this game. His budget, like I bicameral way. Constitutional amend- icit, the American people will know say, saved 75 percent of the cuts for ments are of great importance, and I who wanted it and why they wanted it. only after he leaves office—another would like to just take a few minutes They can make their own judgment as plan to leave it to the future and let to walk through the provisions of the to who has the right priorities. the next guy pay the bill. Section 2 provides that: balanced budget amendment and dis- It is time for us to break our habit of cuss how they would cure our so-called The limit on the debt of the United States held by the public shall not be increased, un- deficit by default. People propose def- addiction to debt. less three-fifths of the whole number of each icit spending in Washington without a The core provision of Senate Joint House shall provide by law for such an in- second thought. I believe that by the Resolution 1 is contained in section 1, crease by a rollcall vote. simple action of having the President which establishes, as a fiscal norm, the So that is pretty clear. Section 2 propose a budget that balances in that concept of a balanced budget amend- works in tandem with section 1 to en- fiscal year, we will go a long way to- ment. That section mandates that: force the balanced budget amendment. wards changing the debt-happy atti- Total outlays for any fiscal year shall not Section 2 focuses public attention on tudes in this town and that, in turn, exceed total receipts for that year, unless the magnitude of Government indebt- will help us stay in balance after we three-fifths of the whole number of each House of Congress shall provide by law for a edness. reach it. specific excess of outlays over receipts by a To run a deficit, the Federal Govern- Section 4 requires approval by a ma- rollcall vote. ment must borrow funds to cover its jority of the whole number of each This section does not require a par- obligations. If borrowing will go be- House by a rollcall vote for any bill to ticular process the Congress must fol- yond a previously enacted statutory increase revenue. This will provide a low in order to achieve a balanced limit, the balanced budget amendment responsible and balanced amount of tax budget. There are many equitable will require a three-fifths vote in order limitation and improve congressional means of reaching that goal. Each pro- to raise that limit. accountability for revenue measures. It gram will have to compete on its own This section acts as an incentive to is important to stop borrowing, but to for the resources available. Thus, the not only balance the budget in good unduly borrow burdens hard-working balanced budget amendment, Senate times, but to start paying down the ex- Americans and would also be delete- Joint Resolution 1, does not dictate isting debt that is so high now that it rious to the Nation and to its citizens. any particular fiscal strategy upon is mind-boggling. By doing so, Congress will provide more flexibility for itself Section 4 will help us to curb spend- Congress. ing and taxing by requiring a majority Section 1 also provides reasonable by opening more breathing room be- tween the actual debt and the debt of the whole Congress, not just those flexibility by providing for a waiver of voting at a given time, and by forcing the balanced budget amendment. In limit. This is, in truth, what we should have been doing for years. Members of Congress to go on record order to invoke this waiver, both with a rollcall vote. These reforms are Houses of Congress must provide by We hear so much about the recent and temporary decline in the annual a crucial part of putting our fiscal law for a specific default which must house in order. pass by a three-fifths rollcall vote. This deficit. It is amazing to me that some Section 5 guarantees—and I will not careful balancing of incentives creates people consider a smaller increase in read it; we have been reading that—but enough flexibility for Congress to deal the debt a reason to celebrate. I do not it guarantees that Congress will retain with economic or other emergencies. think it is. The debt is still increasing. maximum flexibility in responding to However, the waiver will not be easy We must balance the budget. It is over clear national security crises such as a when a future Congress is simply try- $100 billion this year, that deficit. We must balance the budget and stop declared war or imminent military ing to avoid the tough choices nec- increasing the debt at all. Indeed, our threat to national security. essary to balance the budget. Many goal should be to run a surplus during supporters of the balanced budget This section provides a balance be- prosperous times so that we can start amendment have suggested that in the tween the need for flexibility to react paying down the debt and meet threats future it might be in the Nation’s in- to a military threat to the Nation and to our national security. terest to plan to run a reasonable sur- the need to keep the balanced budget I wonder how a credit card company amendment strong. Clearly, if the plus to ensure easier compliance with would respond if I told them that al- its terms and to be able to begin to pay United States is involved in a declared though my debt was more than three war, the situation is serious and the down the debt with any surplus funds. times my annual income, I overspent Another important aspect of this sec- waiver of the balanced budget rule by less this year than I did last year. tion is that in a year that the Congress should not be overly difficult. Unless They would sure as heck cut me off, as chooses to waive the balanced budget clear situations, but still in instances they would any of us. of military conflict, the threshold is rule, it must do so ‘‘for a specific ex- Section 3 provides: cess of outlays over receipts . . .’’ That slightly higher. Prior to each fiscal year, the President means that the maximum amount of shall transmit to the Congress a proposed In order to waive the balanced budget deficit spending to be allowed must be budget for the United States Government for rule Congress must pass the waiver by clearly identified. By forcing Congress that fiscal year, in which total outlays do a majority of the whole number of both to identify and confront a particular not exceed total receipts. Houses and it must become law, must

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1285 be signed by the President. This pre- In conclusion, Mr. President, let me estimates are going to be off, we have vents the balanced budget amendment reiterate that the balanced budget time to make the necessary correc- from being too easily waived. amendment is the only way we are tions. Thus, taken together, section 5 al- going to be able to balance the budget. I believe that reliance on estimates is lows the country to defend itself but We have tried statutes, they don’t both reasonable and sound. If we did also protects against a waiver that is work. We have tried mustering the po- not permit a reliance on estimates, I borne more of a desire to avoid the litical will, it hasn’t worked. And we have little doubt that someone on the tough choices needed to balance the have tried just letting the debt grow, other side would be on the Senate floor budget than of military need. that can’t work. We need to end our arguing that the balanced budget Section 6 states: cycle of debt with a hard and fast rule, amendment would be unworkable be- The Congress shall enforce and implement that cannot be easily discarded when it cause it does not let us rely on esti- this article by appropriate legislation, which becomes inconvenient. We need the mates. may rely on estimates of outlays and re- The bottom line is that at the begin- ceipts. balanced budget amendment. Mr. President, let me respond to a ning of the year, we have no crystal This section makes explicit what is few charges which have been leveled ball, only reasonable estimates to work implicit. The Congress has a positive against the amendment. from. The balanced budget amendment obligation to fashion legislation to en- Some suggest a conflict between the accepts that plain truth and accord- force this article. Section 6 underscores general requirement of balance and the ingly provides for the use of estimates. Congress’ continuing role in imple- allowance for a waiver. We use budget estimates in Congress menting the balanced budget require- Allowing for a waiver by vote is not every day. The President just sent a ment. This provision precludes any in- inconsistent with the purpose of Sen- budget that he claims will balance by terpretation of the amendment that ate Joint Resolution 1, which is to 2002. That is an estimate. We will pass would result in a shift in the balance of make it harder to borrow as a general a budget resolution here in the Senate, powers among branches of Govern- matter, yet provide flexibility to bor- and that will rely on estimates. The ment. row in case of need demonstrated by balanced budget amendment merely We have heard from time to time the appropriate consensus. continues this time-honored, logical, claims by opponents of the balanced Section 6 of Senate Joint Resolution and reasonable practice. budget constitutional amendment that 1 provides that ‘‘Congress shall enforce If the opponents of the balanced the President or the courts will become and implement this article by appro- budget amendment succeed, we will be unduly involved in enforcing the priate legislation, which may rely on condemning our children to even high- amendment. This section, together estimates of outlays and receipts.’’ To er debt, even higher taxes, and even with the plethora of legal precedent be sure, reliance on good faith esti- lower wages, by any estimate. I hope and documents, shows that such claims mates is necessary to make the bal- that everyone in the Senate will keep are misplaced. This provision also gives Congress anced budget amendment workable. No that in mind as this debate continues. The Senator raises two points that appropriate flexibility with which to budget cannot be balanced to the fashion the implementing legislation penny; particularly the $1.6 trillion were discussed in the committee report by permitting reliance on estimates. Federal budget. that accompanied Senate Joint Resolu- Since obviously no one can predict the Opponents of the balanced budget tion 1. While I understand the con- future with absolute certainty, we amendment contend that this reliance cerns, I believe that they are based on must rely on estimates when we plan on estimates is improper because CBO a misreading of the report. The report allows that, ‘‘Congress budgets. This provision recognizes that budgetary estimates are not always we must rely on estimates to make the precisely accurate, specifically if you could decide that a deficit caused by a constitutional amendment workable. compare the estimates for the begin- temporary, self-correcting drop in re- Section 7 defines ‘‘receipts,’’ ‘‘out- ning of the fiscal year with what the ceipts or increase in outlays during the lays.’’ actual numbers are at the end of the fiscal year would not violate the arti- Section 7 defines receipts and out- fiscal year. It seems to me that by defi- cle.’’ This does not mean that the lays. Receipts do not include money nition an estimate is not necessarily budget will be out of balance at the end from borrowing—it is high time we going to match up to the exact figures of the year. It simply states that the stopped thinking of borrowing as a nor- at the end of the year. But that is no budget need not be in perfect balance mal source of income. Outlays do not reason to stop using estimates. They every second of the year. And there is include money used to repay debt prin- are a reasonable and logical way to ap- nothing in the text of the balanced ciple. This will further encourage fu- proach the uncertainty inherent in try- budget amendment to indicate that it ture Congresses to start to pay down ing to predict the future. should. However, the temporary condi- our mammoth debt. The balanced budget amendment will tion described in the committee report Perhaps more than any other section, still function smoothly even given this must be self-correcting by the conclu- opponents try to change this one most lack of absolute certainty at the begin- sion of the fiscal year, in order to avoid often. By altering the definitions of re- ning of the year. If, over the course of a three-fifths vote. I see no harm in al- ceipts and outlays they know they the fiscal year outlays exceed receipts lowing this flexibility during the could tear a giant loophole in the bal- in a way not previously anticipated, we course of the year. anced budget amendment. So they have two choices. We can either pass a Additionally, the report states that come forth with a parade of exemp- reconciliation bill to bring the budget Congress could permit negligible devi- tions, for every interest under the sun, back into balance, or, if necessary, we ations be made up in the next year. and each would provide those who are can waive the balanced budget rule for Again, this is not nearly as remarkable addicted to debt a way to get their fis- that year as provided for in the text of as some have made it out to be. We all cal fix. We must not allow it. The sup- the amendment. know that sometimes the very last few porters of honest, fiscal responsibility Further, under the Budget Act, both outlays and receipts of the year are not should not be distracted from their OMB—for the President’s budget esti- known until after the fiscal year is goal of balancing the budget in spite of mate—and CBO by law must provide over. The balanced budget amendment the desires to respond to all manner of for three budgetary estimates: one at neither requires nor envisions that this sympathetic political causes. the beginning of the fiscal year, the logistical truth become a problem. In Finally, section 8 states that the second as a mid-course correction, and such an event, the Congress could pro- amendment will take effect in 2002 or 2 the last before the end of the fiscal vide itself with the flexibility to make years after it is adopted, whichever is year. Thus, there exists a statutory up any negligible deficits to be made later. This will allow Congress a period fine-tuning process that assures a de- up the next year. What is crucial is to consider and adopt the necessary gree of accuracy—not perfect accu- that the funds must be made up, thus procedures to implement the amend- racy—but one that provides for work- keeping us in balance. It simply would ment, and to begin the process of bal- able budgetary estimates. If we see not make any sense to bring the Gov- ancing the budget. during the course of the year that our ernment to a halt over a 4-cent deficit.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1286 CONGRESSIONAL RECORD — SENATE February 12, 1997 And the balanced budget amendment tles of last Congress as evidence that it intrigue opponents say could happen does not require that we do. That is all is sometimes difficult to raise the debt when supermajorities are required. that this statement in the committee limit. But Mr. David Malpass, an ex- This is wholly appropriate and reason- report is saying. pert on financial markets who testified able to break Congress of its borrowing Some opponents claim that the BBA at the Judiciary Committee’s hearings, habit. is too inflexible. It has been repeatedly showed that those very budget bat- The debt ceiling has sometimes been referred to as a ‘‘straightjacket.’’ On tles—where the word ‘‘default’’ was raised by supermajorities and often it the other hand, we also hear that the being bandied about with regularity— has been raised by simple majorities. BBA is not stringent enough. In fact, were seen by the markets as a very What is important is that we have the balanced budget amendment positive step. Indeed, he noted that never defaulted. When we have had to strikes just the right balance between ‘‘The U.S. bond market had a very have the votes, the necessary votes strict provisions to counter the strong strong rally from August 1995 through have always been there. When votes are incentives in Congress to deficit spend January 1996, with yields falling from tallied, it is easy for Members to vote and the reasonable flexibility nec- 6.9 percent to 6.0 percent.’’ He termed against raising the debt ceiling, know- essary for the amendment to function this as a very significant positive de- ing that the ceiling will be raised. I ex- in the real world. velopment for the economy. pect when we are living under the bal- What we need to do is focus on the Through all the tumult and uncer- anced budget amendment, once again, problem—our national debt is over $5.3 tainty of those budget battles, Amer- the necessary votes will be there, but trillion and climbing. Only the bal- ican investors were excited and encour- not many more than necessary, be- cause Members may wish to vote anced budget amendment will put us in aged that Congress was finally moving against it knowing the necessary votes a position to end that climb. towards a balanced budget. That en- Meeting the requirements of the bal- are there. couragement manifested itself in lower Let me conclude with some com- anced budget will require a heightened interest rates, which in turn is the vigilance of Congress; it will require ments on the objections to super- kind of market conditions that can majorities in Senate Joint Resolution that the Federal Government be more help us balance the budget and aware of and concerned about our bor- 1. strengthen the economy. According to Prof. Harvey Mansfield, rowing and spending habits. No, it will Mr. Malpass was prescient enough to Jr. of Harvard, in his scholarly book not be as easy as simply spending and foresee this very objection to the bal- ‘‘The Taming of the Prince,’’ the real then borrowing if we did not plan well. anced budget amendment when he genius of our Constitution is that hav- It will require that we plan better and wrote: ing placed all power in the hands of its be better stewards over that plan. I Financial markets are practical. [T]he citizenry, the American people con- think that is appropriate, given the im- threat of a default would not be taken seri- sented to restraints on that power. Un- portance of the problem, and of our ously as long as both the Administration and derstanding that direct or pure democ- Congress expressed the intention not to de- duty. racies in history were inherently un- The point has also been raised that fault. The requirement of a super-majority would not affect this calculation. stable and fickle, the Framers placed Congress will not know precisely if we restraints on popular rule and congres- A step toward fiscal discipline like are in balance of the size of the deficit sional power—what we now call super- passing a solid balanced budget amend- to the dollar before the end of the year. majority requirements. That is why we have the workable ment would similarly be viewed posi- Let me mention some of them: Arti- flexibility of relying on estimates, yet tively by the markets. Enacting a cle I, section 3, the Senate may convict we will need to plan and administer the weakened one, one like the proposal on an impeachment with a two-thirds process with care. before us contemplates, with no real vote; article I, section 5, each House Congress may and should shoot for a debt limit restraint, would undermine may expel a Member with a two-thirds small surplus to avoid a last minute the amendment’s credibility and its ef- vote; article I, section 7, a Presidential unforseen deficit, and if the estimates fectiveness. veto is overridden by a two-thirds vote near the end of the year suggest we We have a choice—we can either con- of each House; article II, section 2, the will run a deficit, we can approve a def- tinue on the downward spiral of more Senate advises and consents to treaties icit at the high end of the estimates. If debt, higher interest rates, higher with a two-thirds vote; article V, a we approve an estimate that is slightly taxes, and lower incomes, or we can constitutional amendment requires larger than we needed, it is not like we move ahead with the balanced budget two-thirds of each House or a constitu- actually spent the money. amendment and lower interest rates, tional convention can be called by two- While some may say that relying on lower taxes, with greater job growth thirds of the State legislatures, and estimates creates a loophole, I submit and a stronger overall economy. three-quarters of the State legislatures that the risks of this provision are sub- Mr. President, we already have sev- must ratify; article VII, the Constitu- stantially less than our current process eral supermajority requirements in the tion itself required ratification of 9 of of simply spending and borrowing as a Constitution. Some were in the origi- the 13 States; the 12th amendment re- matter of course. nal text, some have been added by quires a quorum of two-thirds of the DEBT CEILING SUPER MAJORITY amendment. The one thing they have States in the House to choose a Presi- Concerns have also been raised that in common is that they were all meant dent and a majority of States is re- under section 2 it will be too hard to to come into play in unusual cir- quired to elect the President, the same get the three-fifths currently required cumstances. That is what we expect of requirements exist for the Senate and that a minority in Congress will be the balanced budget amendment, that choosing the Vice-President; the 25th able to hold us hostage with the threat the vote to raise the debt of this Na- amendment, dealing with the Presi- of forcing a default. For one thing, tion be an unusual circumstance. dent’s competency and removal, re- threatening default is not likely. Those who believe the supermajority quires that if Congress is not in session This Nation has never defaulted on vote will be the rule rather than the within 21 days after Congress is re- its debt. And let me tell you, if this exception betray their mental habit of quired to assemble, it must determine country ever reached a point where thinking in terms of deficit spending. by two-thirds vote of both Houses that there were 41 Senators, nearly the en- We must break this habit and make the President is unable to discharge tire current Democratic membership of deficit spending the exception instead the duties of his office. the Senate, who were so militantly dis- of the rule. The balanced budget The Constitution requires that a illusioned with this Nation that they amendment does not require a super- supermajority approve a constitutional were truly willing to let us default on majority to pass a budget—only a amendment. To pass the balanced our debt, the 60-vote requirement to budget that is out of balance. The bal- budget amendment, we must have 67 raise the debt ceiling would be the anced budget amendment creates a Senators vote for it. Is this inappro- least of our problems. positive incentive for current majori- priate? Or should we allow some num- Now, the opponents of the three- ties to avoid borrowing to avoid super- ber between 26 and 51, or 50 with the fifths requirement cite the budget bat- majority votes and risking the kind of Vice-

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1287 President casting the tie-breaking vote would there have to be a supermajority Mr. HATCH. I am undertaking to ex- to approve the balanced budget amend- vote. This allows a minority to play plain some of them. I believe that I ment? The Constitution requires that the conscience of the Nation and pro- will do so some more tomorrow or three fourths of the States ratify the tect future generations from the type when we get back from recess. But I balanced budget amendment. Perhaps of borrowing sprees we have seen in re- am making an effort to do some expla- our majoritarian friends would prefer cent decades. nation here today. And, hopefully, I am that some number of States between 26 I would note, Mr. President, that explaining away some of the difficul- and 51 ratify the amendment, with the those who believe the supermajority ties that the distinguished Senator has District of Columbia, Puerto Rico, or vote will be the rule rather than the raised. Guam casting a tie-breaking vote if the exception betray their mental habit of Mr. BYRD. Mr. President, will the States are evenly divided. thinking in terms of deficit spending. Senator yield? Mr. President, if majority rule were We must break this habit and make Mr. HATCH. I will say that I will the fundamental principle of our Gov- deficit spending the exception instead make more specific responses later. ernment, as I have heard some in this of the rule. The balanced budget Mr. BYRD. Would the Senator ex- debate say, we would not have the Gov- amendment does not require a super- plain to me why the Judiciary Com- mittee, in its analysis of section 6, ernment we do. We would have a uni- majority to pass a budget—only a took the pains to explain that ‘‘‘esti- cameral parliamentary system without budget that is out of balance. The bal- mates,’’’ for example, ‘‘means good judicial review, and indeed without the anced budget amendment creates a faith, responsible, and reasonable esti- Bill of Rights or a written Constitu- positive incentive for current majori- ties to avoid borrowing to avoid super- mates made with honest intent to im- tion, because each of those features of plement section 1,’’ without also indi- majority votes and risking the kind of our Government is an intrusion into cating in the committee report the def- intrigue opponents say could happen the principle of majority rule. And inition of what is meant by ‘‘good when supermajorities are required. they are certainly not the only exam- faith,’’ what is meant by the word ‘‘re- This is wholly appropriate and reason- ples. sponsible,’’ what is meant by the word The first amendment does not say able to break Congress of its borrowing ‘‘reasonable’’ in connection with the Congress shall not abridge free speech habit. word ‘‘estimates’’? unless a fletting majority wants to. It Mr. President, it is absolutely clear Mr. HATCH. I believe any reasonable does not say that Congress shall not that to restore the constitutional con- interpretation of section 6 knows that interfere with the free exercise of reli- cept of limited government and its pro- there is no way—and the distinguished gion or establish a religion, unless a tection of liberty—as well as to restore Senator was right when he made the majority of those present and voting fiscal and economic sanity—we must comment earlier in the day—that there want to. The first amendment takes pass this balanced budget amendment. is no way of absolutely being accurate those options away from even super- We need the supermajority provisions on estimates. We have to do the best majorities of Congress, except through of Senate Joint Resolution 1—a modern we can to estimate the outlays and re- constitutional amendment. Shall we day ‘‘auxiliary precaution’’ in Madi- ceipts at the beginning or at some time tear up the Bill of Rights and the Con- son’s words—to put teeth into the bal- during each year for the next suc- stitution because they contain checks anced budget amendment—to be a force ceeding year. There is just no question on the power of transient majorities? I to end business as usual here in Con- about it, because there is no way we do not think so. gress—and most important, to foster can absolutely predict what will hap- As I have said, as Thomas Jefferson the liberty of limited government that pen in the future. But I think through said, as even Professor Tribe has said, the Framers believed to be essential. implementing legislation we can re- the power of transient majorities to Mr. BYRD. Mr. President, would the solve the budgetary problems with re- saddle minorities or future majorities Senator yield for a question? gard to estimating outlays and receipts with debt is the kind of infringement Mr. HATCH. I would on the Senator’s in a way that would be workable. And on fundamental rights that deserves time. I think our time is running down. we would have to do so under this constitutional protection. The Framers I know some others want to speak. I amendment. wished to protect life, liberty, and would be happy to yield. Mr. BYRD. Mr. President, will the property; they reacted harshly against Mr. BYRD. How much time do I Senator yield? taxation without representation. As I have? Mr. HATCH. Under the same terms I have pointed out throughout this de- Mr. HATCH. Mr. President, how would, on the Senator’s time. bate, our deficit spending taxes genera- much time is remaining for both sides? Mr. BYRD. May I ask the distin- The PRESIDING OFFICER. Forty- tions which are not now represented; it guished Senator, who is going to be the three minutes for Senator HATCH and takes their property and their eco- judge of whether an estimate has been 40 minutes for Senator DODD. rendered in good faith, whether it is a nomic liberty. It is wholly appropriate Mr. HATCH. I will yield on that that we at least increase the consensus responsible estimate, or whether there basis, that this—— is a reasonable estimate? of those currently represented to allow Mr. BYRD. Be attributed to the Mr. HATCH. I think the terms of the them to shackle those who are not—fu- Democratic side. committee report should be given the ture generations—with the debt, the The PRESIDING OFFICER. Without ordinary dictionary meaning. I think taxes, and the economic servitude that objection, it is so ordered. that is the way we would have to do it. go with citizenship in a country with Mr. BYRD. He might prefer to finish But Members of Congress would be re- high national debt. before entertaining questions—— sponsible. Members would define them. Mr. President, opponents of the bal- Mr. HATCH. I would like to. Listen, Mr. BYRD. Members of the Congress anced budget amendment charge that my friend from West Virginia, I am will be the judge as to whether an esti- supermajority requirements will create happy to accommodate him any time I mate is responsible? some new kind of sinister bargaining can. I know how sincere he is. I know Mr. HATCH. We are today, of all of among factions to gain advantage in the efforts that he put forth this morn- the estimates. We will have to be. return for supporting the necessary ing in making his eloquent statement. Mr. BYRD. If the Senator will allow consensus. This objection strikes me as I am happy to yield, if he desires me to, me to use a chart, this chart shows the strange because that kind of negotia- at this time. estimated revenues annually from 1980 tion is as old as the legislative process. Mr. BYRD. Is the Senator under- to 1996. If the Senator will notice, in It happens now in the search for a ma- taking to—— each of these years, keeping in mind jority. Mr. HATCH. Under those cir- that the green line means that the esti- Mr. President, under the balanced cumstances. mate was right on target—— budget amendment, majorities will Mr. BYRD. Is the Senator addressing Mr. HATCH. Or above target? continue to set budget priorities from the concerns I expressed this morning, Mr. BYRD. No. The green line means year to year. Only if the majority at- as I went down the amendment section the estimate was, indeed, right on tar- tempts to borrow money from future by section, or is he merely reading the get. It was not above or below the line. generations to pay for its priorities various sections? It was not too high. It was not too low.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1288 CONGRESSIONAL RECORD — SENATE February 12, 1997 Would the Senator agree with me will not be as easy as simply spending operate under a statutory system be- that based on this chart, in every year and then borrowing if we do not plan. cause it says that the Congress will en- from 1980 to 1996, the estimate was It will require that we plan better and force this amendment by appropriate wrong? It was off. It was not correct. In that we use better standards in that legislation. some years the revenues were more planning. I think it is appropriate, What makes the Senator feel that than estimated and in some years they given the importance of this problem under the new statutory system, that were less than estimated. The point of and the duty we owe to our country. the estimates will be any better than the chart being to show that the esti- Now, I think what I am saying is, I they have been under the old statutory mates have never been absolutely cor- agree with my colleague. He makes a system when both systems are going to rect. In many instances they have var- very compelling point here that we be the work of the Congress? ied; in one instance here, $78 billion. have not been very accurate in esti- Mr. HATCH. You mean under the new The estimate was off $78 billion. In an- mating receipts, in estimating outlays constitutional system if this be- other instance, the estimate was off $65 and receipts through the 16 years, al- comes—— billion. though I say through 28 years, or 58 of Mr. BYRD. There will not be any dif- This is the record. This is not a Mem- the last 66 years, we have run unbal- ferent system because the Congress ber’s estimate here of what should have anced budgets. One reason is we have itself will enforce that amendment by been in each of those particular years. relied on statutory schemes that have appropriate legislation. This is the record. These bars indicate been circumvented in every one of Mr. HATCH. Let me answer that what went wrong, by how much the es- those years, none of which have really question. You have raised a point that timate was off for each year. Would the worked. The distinguished Senator, by Congress will not know precisely if we Senator tend to believe that in the fu- the way, to his credit, pointed out that are in balance or a deficit to the exact ture the estimates are going to be bet- some of those statutory schemes at the dollar before the end of each year. That ter than they have been on this chart, time would not work. I believe some of is why we have the workable flexibility which represents 17 years of experi- the rest of us felt that way as well. of relying on estimates. Yet we will ence? What we are saying is from 1997 on, need a plan to administer that process Mr. HATCH. Let me answer the first or whenever this amendment is ratified with care. question. Here are 28 years of similar and becomes law and part of the Con- Now, Congress may, and I think this inaccurate estimates. Wait, wait, let stitution, by the year 2002 on, and real- would become the norm, instead of now me make my point. Here are 28 years of ly before that if we can get it ratified just planning on deficits, Congress may missed estimates. We have been wrong before then, we are going to no longer and should plan for a small surplus to every time in 28 years and we have have the luxury of these inaccurate es- avoid a last-minute, unforeseen deficit. been wrong because these are all unbal- timates. We will have to do a better If the estimates near the end of the anced budgets. job. We will have to be more vigilant. year suggest we will run a deficit, we I agree with the Senator on the sec- We are going to have to heighten that can approve a deficit at the high end of ond question. Yes, from 1980 to 1996 we vigilance, and we will have to meet the the estimates. If we approve an esti- have been wrong every time on esti- requirement of a balanced budget or mate that is slightly larger than is mates. On a couple of occasions not face the music of having to stand up needed, it is not like actually spending very wrong, but during all of that pe- and vote for higher deficits or more the money. While some may say rely- riod, the whole 28 years since 1968 and spending by supermajority votes. ing on estimates creates a loophole, I during all of the period between 1980 I think comparing this time and say- submit that the risks are substantially and 1996 we did not function pursuant ing, because we have been inaccurate less than our current process of spend- to a balanced budget amendment. during times when statutory methods ing and borrowing, and that is exhib- Mr. BYRD. What makes the Senator have not worked, with post-balanced- ited by these 28 years of unbalanced believe—— budget-amendment-enactment times budgets. That has been the matter of Mr. HATCH. If I could finish my re- where we will have to be more vigilant course. I think we have to change marks. and we will have to come up with a course, and I think the normalcy—I Under the Budget Act, CBO and OMB way of being accurate during the think the distinguished Senator from give estimates each year. CBO is the year—right, OMB and CBO now only West Virginia, if I know him as well as Congressional Budget Office; OMB is check that twice. We are going to have I think I do, would be leading the fight the Office of Management and Budget. to do a much better job. to have at least small surpluses each They correct the estimates twice dur- Now, can we be absolutely accurate? year to take care of any fluctuations ing the year as they acquire new data. Everybody knows we cannot. that might occur. I don’t think he Congress ultimately has to decide how Mr. BYRD. That is the point. would permit us to get into this mess, you balance the differences. Mr. HATCH. There is no way you can. which neither he nor I have been able Now, we should plan to get above bal- I do not want to keep going with this to prevent under the current statutory ance, as the usual course. Most years system and then this system when we scheme. But under a balanced budget we should try to stay above balance have an alternative that really would amendment, we are going to have to be with regard to estimates and try to put some fiscal discipline in the Con- real. stay on the course by amended esti- stitution that makes us get serious. Mr. BYRD. This is not going to be mates through the year. That is what Mr. BYRD. Will the Senator yield? real—section 6. It is not real. It talks we will have to do. I think the imple- Mr. HATCH. I yield under the same about estimates. Now we are going to menting legislation will do that. set of circumstances. switch from section 1, which says total Let me make another comment, and Mr. BYRD. The Senator does not outlays shall not exceed total receipts I will turn back to my dear colleague. want to continue with this system. He in any fiscal year. In the first place, Meeting the requirements of the bal- refers to this system as a statutory how do we know whether the outlays anced budget amendment will require a system. And yet—and yet—the amend- have exceeded the receipts before the heightened vigilance of Congress. It is ment itself tells us who will enforce end of the fiscal year, or even two or apparent it will make us get tough on this amendment once it is in the Con- three weeks subsequent to the end of budgets. During those years we had stitution. the fiscal year? That is number one. five different statutory balanced budg- I will read it from section 6: Number two, then, we switch to esti- et approaches that led us to that mo- The Congress shall enforce and implement mates. Why do you proponents of the rass and this morass. What we are say- this article by appropriate legislation. amendment purport to do two things— ing is that the balanced budget amend- So we are going to continue to en- one, in the first section, balance out- ment will require us to have a height- force it. We are going to continue to lays with receipts—no ifs, ands, or ened vigilance in the Congress. It will operate under a statutory system. That buts—to the exact dollar. But in sec- require that the Federal Government is what I am saying. We have been op- tion 6, they say, well, just forget about be more aware of and concerned about erating under a statutory system. This section 1 and balance the estimates. We borrowing and spending habits. No, it amendment says we will continue to have all seen how the estimates run.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1289 The estimating is going to be done by know because we will always have to majority not to balance it. We all have the very same people, under the vote. We can’t do it on voice votes any- to face our electorate. Right now, we amendment, as have been doing the es- more, or hide it in the dead of the do a lot of these things for by voice timating prior to the adoption of the night, which I know Senator BYRD un- votes and other shenanigans that help amendment. derstands well and does not approve of, to cause these things. When I say ‘‘we,’’ The proponents are promising, abso- as I don’t. We would all have to stand I would rather say ‘‘they,’’ because I lutely pledging to the people of the up and vote, and the public will know try not to, and I know the Senator United States, that this amendment who has voted which way. They are tries not to. But it’s apparent in that will balance the budget. That is what going to expect us to do a far better job our current system isn’t working. I they are promising. The Senator just than that which has done and than think your chart makes one of the best said that. We cannot possibly get the these 28 years of unbalanced budgets. arguments for the balanced budget estimates right. The Senator just said Let us be honest. There is no way amendment of any chart we have had that. We can’t possibly get the esti- anybody can absolutely, accurately tell up here in this whole debate, because it mates right. what the outlays and receipts are going shows that what we are doing right Well, then, may I ask the Senator, to be in advance. When we say ‘‘total now, and what we have done for 28 solid are we not misleading the American outlays of any fiscal year shall not ex- years, doesn’t work. people with these elaborate claims that ceed,’’ it has to be written that way be- Mr. BYRD. Well then, why are we we are going to balance the budget cause that is the force that says, Con- going to wait 5 years to do something when what we are really going to bal- gress, your estimates better be good, a better if the Senator has something ance is the estimates? Then the Sen- lot better than these statutory esti- better? ator admits that we can’t be accurate mates we have had in the past, because Mr. HATCH. We are not. If we pass in these estimates. We never have been, then we will be under a constraint to this through the Senate—hopefully, and we never will be. There won’t be balance the budget, or vote by a super- within the next week or so—by the req- any computers made that will come up majority vote not to balance it. That is uisite two-thirds vote, and it passes with the correct estimates. the difference. through the House by the requisite Mr. HATCH. This amendment does Mr. BYRD. If the Senator will yield, two-thirds vote, that is a notice to ev- not mandate a balanced budget as the Mr. President, permit me to say that I erybody in these two bodies that we only option. This amendment requires have the utmost admiration for the better start hustling to get a real bal- us to move toward a balanced budgets, distinguished Senator from Utah. anced budget by 2002, where all of us because it requires a balanced budget Mr. HATCH. And vice versa. know that the only part of the Presi- or supermajority votes if we are going Mr. BYRD. I marvel at his equa- dent’s budget that really counts is next to run deficits. So the pressures—— nimity, his characteristic, and his year’s budget. Mr. BYRD. Will the Senator yield on never-failing courtesy. This is the way It is not the budget as extrapolated that? he has always been with me. But I out to 2002, especially since 75 percent Mr. HATCH. If I could be allowed to must say that, notwithstanding that, I of it is balanced in the last 2 years after he leaves office. No, it is this next finish. So the pressures will be on us to am amazed to hear the distinguished year, and each year thereafter. If we try to have surpluses rather than con- Senator stand on the floor this after- passed this and it is submitted to the tinue to spend, because sooner or later noon and admit that this amendment States, I can’t predict what the States we have to face the music. Let me doesn’t require a balanced budget. would do. I believe they would ratify make this point. The accuracy of esti- Mr. HATCH. It doesn’t—it’s not the this amendment if we have the guts to mates is self-correcting, because OMB only option. pass it through both Houses of Con- and CBO must, by law, correct their es- Mr. BYRD. What about that, he said gress. And if they ratify this amend- timates twice a year, under current it again. It doesn’t. practices. Usually, the original esti- Mr. HATCH. It doesn’t. We can do ment, then, by gosh, I have to tell you that I think the game will be over. We mates are always off by OMB and CBO. whatever we want to. We just have to will not be able to do this anymore. Under the current system, there is not vote to have an unbalanced budget by There will have to be rollcall votes nearly as much pressure to be accurate the required supermajority or margin. as there will be under the constitu- Mr. BYRD. What about all the Sen- under the same terms. Mr. BYRD. Mr. President, will the tional amendment system, if we pass ators coming to the floor and saying Senator yield? this by the requisite two-thirds vote of the sky is falling, debt is bad, interest Mr. HATCH. Certainly. both Houses and it is ratified by three- on the debt is bad, deficits are bad, and Mr. BYRD. Mr. President, the Sen- quarters of the States. So what if CBO we have to do something about it and ator speaks of guts. It doesn’t take and OMB correct it? The balanced take the burden off our children, and guts to vote for this thing. It takes budget amendment does nothing to vote for a balanced budget amendment? guts to vote against it. correct that procedure. It puts pressure The Senator has been perfectly hon- Mr. HATCH. I think it takes guts on them to, maybe, do more than twice est. He says this amendment doesn’t both ways. a year corrections. require a balanced budget. Well, let’s Mr. BYRD. It takes guts to vote The balanced budget amendment ac- quit saying, then, that it requires a against it because the great majority tually will further budgetary dis- balanced budget. He is saying that the of the American people have been bam- cipline. Congress is the one that must estimates here are wrong. He may be boozled about this amendment. They always enforce the system. Every one implying that the people who make the support this, and they are very much in of us take an oath to uphold the Con- estimates, once the constitutional favor of it. So it takes guts to vote stitution. If this becomes part of the amendment is adopted, will have great- against it. Constitution, we will have to live up to er expertise than those, who are the Why does the distinguished Senator that oath. We will have to devise a sys- best in the world right now, who made think, No. 1, that we are going to be tem that really does it. We will still these estimates. any better at our estimates once this operate under a statutory system of Mr. HATCH. Will the Senator yield amendment is adopted than we have implementing the constitutional rule. on that point? been in the past? That is No. 1. We can’t order perfection; not even we Mr. BYRD. The Senator has the floor, Then he talks about—he said some- can order perfection. But the balanced so I am glad to. thing to the effect that once we get budget amendment will put the appro- Mr. HATCH. I appreciate that, to this amendment in place, as I under- priate amount of pressure on Congress, make a comment. I believe there is no stood he was saying to the effect that which is not there now, as easily can be question that they would do a better we will not be able to find ways around seen by the Senator’s very important job, because there won’t be the same it, or some such. chart. It will put the pressure on Con- number of games played on budget Mr. HATCH. We will not be able to gress to ensure truthfulness. matters if everybody knows that we get around these things with voice Public reactions will punish those have the constraint of either balancing votes. We will have to stand up and who act cowardly. Everybody will the budget, or voting on a super- vote by rollcall.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1290 CONGRESSIONAL RECORD — SENATE February 12, 1997 Mr. BYRD. We can vote now by roll- ‘‘not small,’’ and ‘‘not negligible’’? We actly estimated to be exactly on tar- call vote. have a budget now of $1.7 trillion. Let get. Mr. HATCH. But we don’t, and there us say it is off by $50 billion. Would Note the chart which the Senator is nothing that requires us to do so, that be ‘‘negligible’’? Would that be says makes his case. The chart says necessarily. ‘‘small,’’ $50 billion? that in only one year, 1987, did the esti- Mr. BYRD. Except the Constitution, Mr. HATCH. I think the Senator is mates even come close to being on tar- if one-fifth indicate that they want to very logical. But he also has to allow get. They were off just $2 billion. So vote. That doesn’t happen often. That the logic to take into account that the chart makes my case. is very seldom on raising the debt Congress may, as I said before, and The committee says you can do it by limit. That is very seldom on passing should shoot for a small surplus—the estimates. ‘‘Estimates of outlays shall the final budget here. incentives will be to have surpluses to not exceed estimates of receipts in any Mr. HATCH. Let me answer the dis- avoid a last-minute unforeseen deficit. given fiscal year.’’ The chart shows tinguished Senator’s question. It is a And if the estimates near the end of that you cannot depend upon the esti- good question. the year suggest that we are going to mates, that the people who have the The reason that I think we will be run a deficit, then it would be a simple most expertise of any in the world can- more accurate afterwards is because matter for us to approve a deficit at not be accurate in their estimates. the incentives will switch. The incen- the high end of the estimates. If we ap- Why? Because we cannot foresee what tives will switch because unless we bal- prove an estimated deficit that is the unemployment rate is going to be, ance the budget year after year and slightly larger than we need, it is not we cannot foresee what the rate of na- start working toward surpluses and not like we actually spent the money. tional economic growth is going to be, working on deficits, we are going to be Again, I will say some may say that and we cannot see what interest rates in real trouble constitutionally, and we relying on estimates creates a loop- are going to be in a year or more down all know that. There will no longer be hole. But there is no other workable the road. That is why people cannot be the game that occurred during the 1980 way to do it. I submit that the risks accurate in their estimates. and 1996 years, as shown by the Sen- that might arise from those provisions So this committee language makes ator’s very interesting chart. I think in the constitutional amendment are my case—makes my case when it turns that makes one of the best cases I have substantially less than our current to the use of words like ‘‘estimates,’’ ever seen for the balanced budget process, which is clearly not working, and then defines the word ‘‘estimates’’ amendment, because the current sys- of simply spending and borrowing with as meaning ‘‘good faith, responsible, and reasonable estimates made with tem is not working. no restraints whatsoever. Mr. BYRD. Mr. President, will the I go back to my point. The distin- honest intent to implement section 1.’’ Let me ask the question of my dear Senator yield? guished Senator may be right in this friend, who will be making up these es- Mr. HATCH. Always. regard. Perhaps Senators should not Mr. BYRD. I think the committee re- timates? come out here and say, ‘‘This is going The Congress will make the esti- port language that was prepared by the to always make us balance the budg- mates. The Congress will enforce the committee, of which the distinguished et.’’ I think, more accurately, it should amendment. So what assurance is Senator from Utah is chairman, makes be said that the incentives will be to- there that the Congress is going to one of the best cases against this ward balancing the budget, because make estimates that are correct? amendment. He says there won’t be you will have supermajority votes of What encouragement does that give any more games played. Take a look at three-fifths in order to run deficits, or to the American people to believe that this report. It tells you what games to you will have to have constitutional this amendment, which the distin- play. majorities to increase taxes, which guished Senator from Utah says does Let me read it. Talking about the es- means at least 51 Senators would have not say we are going to balance the timates of outlays and receipts, it says, to vote for it, and at least 218 Members budget, what assurance can the Amer- ‘‘Estimates means good faith, respon- of the House. That puts pressure on ican people have when it is even worse sible, and reasonable estimates made Members of both parties to be accu- than that by saying that the estimates with honest intent to implement sec- rate, and it puts pressure on them to of outlays will not exceed the estimate tion 1, and not evade it. This provision try to get surpluses rather than defi- of receipts? gives Congress an appropriate degree of cits. It puts pressure on them in writ- Mr. HATCH. Frankly, I think if you flexibility.’’ ing implementing legislation to make have the incentives to produce more We have got more and more ways to sure you have legislation that really accurate estimates of receipts and out- play games. does work rather than the five failed lays, there will be an incentive to have It ‘‘gives Congress an appropriate de- plans that we have had since 1978, none the top line have the bars going up gree of flexibility in fashioning nec- of which have worked. My friend and every time, where right now we do not essary implementing legislation. For colleague knows that. I don’t know of have that incentive. We have every in- example, Congress could use estimates anybody more intelligent and more centive to just spend today. There is no of receipts or outlays at the beginning concerned about these matters than restraint on spending whatsoever. The of the fiscal year to determine what the distinguished Senator from West balanced budget amendment would not the balanced budget requirement of Virginia. mandate that you balance the budget if section 1 would be so long as the esti- Mr. BYRD. Mr. President, will the a supermajority is willing to vote not mates are reasonable and made in good Senator yield? to, but it does change the incentive so faith.’’ Mr. HATCH. If I could just finish this that literally you will not want to go Now we are going to play games one sentence, but I have to say that his into deficit because sooner or later you about who is reasonable, what is rea- chart makes my case better than I are going to have to pay the piper sonable, and what isn’t. have made it. I congratulate him for it, under that amendment. Again, I think ‘‘In addition, Congress could decide and I am grateful that he has put the the Senator’s chart makes my case. that a deficit caused by a temporary chart up, because I don’t know how Mr. BYRD. What makes the Sen- self-correcting drop in receipts or in- anybody can argue for the current sys- ator—— crease in outlays during the fiscal year tem when you look at that chart. Mr. HATCH. I do not think I need the would not violate the article. Simi- Mr. BYRD. Mr. President, will the Senator’s chart to make the case that larly, Congress could state that very Senator yield? our country is in trouble, that we are small or negligible deviations from a Mr. HATCH. Of course. not doing what is right, that we are balanced budget would not represent a Mr. BYRD. Let’s take a look at this continuing to spend us into bank- violation of section 1.’’ chart. The green line, the horizontal ruptcy. And even though there are ar- Will the distinguished Senator indi- line, means that the estimated reve- guments made that we are only going cate to me what would be considered nues were right on target. They were to have a $107 billion deficit in 1997, ‘‘negligible,’’ what would be considered not overestimated. They were not un- that is still a deficit of over $100 bil- ‘‘small,’’ and what would be considered derestimated. The revenues were ex- lion.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1291 Mr. BYRD. Mr. President, if the Sen- cumstances and vote for this amend- were sending up budgets in the early ator will yield, what makes the distin- ment, as they should. part of the Reagan administration. guished Senator believe, when we have Now, that does not mean that those They cooked the numbers. These num- a constitutional amendment, Senators who vote against it do not have guts, bers can be cooked once this constitu- are going to have any more backbone too, because there is a price that will tional amendment becomes a part of than they have now? be paid for voting against this amend- the Constitution. They can be cooked. Mr. HATCH. Because I believe Sen- ment. We all understand that. And let The estimates can be cooked. When can ators will live up to the constitutional me just say this. I happen to believe the American people believe us and be- mandate and the oath of office that that the distinguished Senator from lieve that we mean what we say? they take to do what is right, where at West Virginia has never lacked intes- That is all I have been saying here. I this particular point there is no con- tinal fortitude. In fact, I have been have been saying that we do not mean stitutional mandate to live within through a lot of experiences here that what we say in this amendment. We do budgetary constraints, and it is appar- prove that as a matter of fact to me. I not mean what we say in section 1. So ent. could not have more respect for any- what are the American people to be- Mr. BYRD. They did not live up to it body than I do for him as a U.S. Sen- lieve? last year. ator. I compliment the distinguished Sen- Mr. HATCH. Well, there was not—— But again, I think he makes our case. ator for coming to the floor. He is a Mr. BYRD. When they voted for the I think these 28 unbalanced budget vol- man after my own kidney, as Shake- conference report on the line-item umes make our case. I think it is ap- speare would say. He is a man after my veto. They voted to shift the power of parent our system is not working. I kidney. He came to the floor. And I had the purse away from the legislative think if we keep going this way, our suggested that someone should come branch to the executive. What makes children and grandchildren’s futures and give us an analysis of these sec- the Senator believe that they will live are gone. I know the distinguished Sen- tions and explain how they are going to up to the Constitution anymore nearly ator is a great family man. I know that work and what are we expected to do to and dearly once this language is in it? he loves his children and grand- make them work. Mr. HATCH. Although I tend to share children, as I do mine. We are expect- Well, he came to the floor, and he has the Senator’s view on the line-item ing our 16th and 17th grandchildren been reading the sections of the amend- veto, I think the Senator would have to within 2 weeks, Elaine and I. I want ment one by one, which was not ex- admit there is a question whether that them to have a future as we have had. actly what I asked for. I do not have is going to be judged constitutional or But right now with what is happening any more faith in the amendment now not. If we pass a balanced budget in accordance with the chart of the dis- than I had to begin with. I can read the amendment, it will become an official tinguished Senator from West Virginia, sections. part of the Constitution, which is a it is pretty apparent their future is I read the sections a number of considerably different situation. being bartered away because we are un- times. And the distinguished Senator Mr. BYRD. Will Senators be more in- willing to make the tough choices. I has prepared a chart here so that we clined to vote to increase taxes once would lots rather have the balanced can read them over and over again. I this is part of the Constitution than budget amendment helping us to esti- want somebody to explain to me how they are now? mate receipts and outlays than to have they will work and what is there about Mr. HATCH. Senator Simon thinks this system estimate them, I will tell that amendment that can assure those so. One reason why he—— you that right now. And it is a better people who are looking through the Mr. BYRD. Mr. Simon isn’t a Senator system to have a balanced budget electronic eye that this budget is going anymore. amendment. to be balanced if this amendment is Mr. HATCH. I understand. What Sen- Mr. BYRD. Well, the Senator is very adopted—the budget is going to be bal- ator Simon argued last year as the disarming when he talks about how I anced. leading proponent of this amendment love my family and my children and Mr. HATCH. Well, I have to ask the was that he felt there would be a great- grandchildren. distinguished Senator from West Vir- er propensity to increase taxes to solve Mr. HATCH. You do. ginia, if this balanced budget amend- these problems. I have to say that I do Mr. BYRD. He is correct about it. ment passes, as much as he wishes that not believe that is so, but that is what But he still has not answered my ques- it would not, and it is ratified by the he felt. I do not think that is so. I tion as to why the committee and the States, would the Senator from West think it would be very difficult to get proponents of the amendment felt after Virginia, once it is placed in the Con- constitutional majorities to increase saying in section 1 that total outlays stitution, not do his level best to com- taxes except where they are clearly shall not exceed total receipts in any ply with the constitutional require- needed to be increased, and that is why fiscal year, which is pretty straight- ment, if the amendment is adopted, to we put in a constitutional majority. forward language, which says that the meet these estimates that are in there, Now, it is no secret, and my friend budget has to be balanced every year, as he suggested that I would do my knows this, that there are those on my it says that the budget has to be bal- duty under the Constitution? I think side who do not think that is adequate. anced every year, why do we take an what I am saying is this: Both charts Mr. BYRD. Do not think what? approach which says, on the one hand, that the Senator has put up, show that Mr. HATCH. Do not think that is the budget must be balanced—and that the current system is not working. adequate. They want a three-fifths ma- is what I have been hearing from the Mr. BYRD. Is the Senator— jority before you can increase taxes. speakers who are proponents of this Mr. HATCH. The reason I point out But the reason we have a constitu- legislation—why did they say in the the current system is not working is tional majority is because my friends first section that the budget will have because there are not the same pres- on the Democratic side would not agree to be balanced every year and then in sures to make it work that there would with the three-fifths majority. section 6 say, as it were, ‘‘Well, you do be under a balanced budget amend- Mr. BYRD. Would not what? not really have to believe that first ment. Mr. HATCH. Would not agree that it section? We are not going to hold you Second, if we have these wild fluctua- should be a three-fifths majority to in- to it. We know it will be difficult, if tions under the balanced budget crease taxes. I happen to believe that not impossible some years, to hold you amendment, there is going to be an this has to be a bipartisan amendment. to that. So we are not going to require awful lot of heck to pay to our voting It is even though there are, as a per- you to equal the outlays with the re- populace, because they are going to centage, less Democrats supporting it ceipts. But what we are going to do is hold us responsible for these wild fluc- than Republicans. But Democrats have this. We are going to let you get by by tuations. helped to formulate this amendment, just balancing the estimates.’’ Mr. BYRD. You bet they are. They and I have to give credit to those who Who makes the estimates? Cannot are going to hold you responsible. are standing here with us. I think they the estimates be cooked? The adminis- Mr. HATCH. They are not doing it have guts to stand up under the cir- tration cooked the numbers when they now because they do not know who is

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1292 CONGRESSIONAL RECORD — SENATE February 12, 1997 responsible for them. If we have to backbone than we already have. I do Mr. HATCH. I don’t think so. Some- stand up and vote and make super- not know how many will figure that times going back in history is a very majority votes to spend and borrow out. good thing to do. more, then they will know who is doing Mr. HATCH. Let me just respond to Mr. BYRD. Mr. President, the Sen- it to them. If we have to make a con- that. Even, in spite of the reductions in ator from Utah wishes I were on his stitutional majority to increase taxes, deficit that have occurred over the last side? they will know who is doing it to them. 4 years after the enactment of one of Mr. HATCH. I do. I would feel much I have to say, if we do not, as a con- the largest tax increases in history— better. gressional body, have our CBO do bet- some on our side say the largest tax in- Mr. BYRD. I am on the Constitu- ter numbers, and the OMB as the exec- crease in history; it is debatable, but it tion’s side. utive body do better numbers, then is one of the two largest tax increases Mr. HATCH. So am I. there are going to be changes that will in history, both of which, I think, were Mr. BYRD. I am on the Constitu- get them to where they have to do bet- motivated by Members on the other tion’s side. And I do not want to see ter numbers. side of the aisle—we are still in hun- that Constitution prostituted by an Will they always be accurate? There dred-plus billion dollar deficits, going amendment that is nothing more than is no way we will always be completely up to $188 billion and on up beyond that a bookkeeping manual on accounting and absolutely accurate. by the year 2002. principles. It has no place in the Con- Mr. BYRD. I have a couple of things The fact of the matter is, if it was up stitution. It is not going to give this to say to what the Senator has said, to the distinguished Senator from West Senator or any other Senator any more Mr. President, if the Senator will Virginia and the Senator from Utah, backbone than the good Lord gave to yield? we would have the will. me in the beginning to stand up and Mr. HATCH. Sure, under the same Mr. BYRD. If it were up to the Sen- vote the tough votes. circumstances. ator from West Virginia, we would not I do not want to see the faith of the Mr. BYRD. Is he asking me whether have any tax cuts this year. American people in this book—forget or not I will do everything I can, every- Mr. HATCH. I was saying, if it was up the stack of books there, ever so high. thing in my power, to help to balance to the Senator from West Virginia and This is the book. I do not want to see the budget? Was that the force of his the Senator from Utah, I believe we the faith of the American people in this question? would have the will to do what is right. Constitution undermined. And it is Mr. HATCH. I am sorry, I missed the Mr. BYRD. Would the Senator vote going to be undermined when we write question. Excuse me. with me to increase taxes? that language into it and the budgets Mr. BYRD. Was he asking me that, if Mr. HATCH. Let me just finish. But do not balance. this amendment becomes a part of the the problem is, it is not up to just the Let me at least thank the Senator Constitution, will the Senator from two of us. It has been up to everybody for being honest to the point that he West Virginia do everything he can do in Congress for 28 years of unbalanced says that this amendment is not going to help to balance the budget and get budgets. I know that people do not like to balance the budget. the deficit down? Is that what he was these two stacks because they are em- Mr. HATCH. No, I didn’t say that. I asking me? barrassing. It is embarrassing to me to said the amendment does not mandate Mr. HATCH. Well, let me put it this have to point to these and say for the a balanced budget. I think this amend- way. I don’t have to ask that question. 21 years I have been here, these have ment will lead us to a balanced budget. I know the distinguished Senator from been unbalanced. For all of those 21 Mr. BYRD. It does not mandate it. West Virginia would. But I asked it years I fought for a balanced budget Mr. HATCH. But let me say this. I rhetorically because I know that the amendment. But I have to say, we do happen to believe that this little book- distinguished Senator from West Vir- not have the will. It is apparent and we let that contains the Constitution of ginia would do all in his power to live are not going to have the will unless the United States, without the bal- up to the Constitution, even though he we do something about it constitu- anced budget amendment, will hope- disagreed with the provision of it, once tionally, where everybody will have to fully have a balanced budget amend- it is part of the Constitution. As would face the music. ment in it. Because, if we do—and I I. Right now they do not. And where know that sincerely dedicated people And, frankly, I think that he is not some on our side love more defense like my friend from West Virginia will alone. I think there are as many as 535 spending and some of the Democrat be voting for more fiscal responsibility others in Congress who would, like- side love more social spending in ways and restraint than we do now. And he wise, try to live up to the constitu- that may be irresponsible, under the will have more leverage on not only his tional amendment. balanced budget amendment I think we side, but our side, to get people to Mr. BYRD. Mr. President, will the are going to all have to be more re- stand up and do what is right. Senator yield and let me answer his sponsible. I do not think that these comments, question? I just wish—this is an erstwhile wish, ‘‘Let’s just do it’’—I have heard that Mr. HATCH. Sure. I will be happy to. I understand—but I wish my colleague now for 21 years. ‘‘Let’s just do it. Let’s Mr. BYRD. I have proved that I will from West Virginia were on our side on just have the will to do it.’’ do everything I can to balance the this, because I think it would be a Here is the will of the Congress of the budget. But not only this Senator. much easier amendment to pass. United States. Mr. President, 28 years They are standing in rows on this side But I understand why he is not, and of unbalanced budgets. I think these of the aisle. I know how sincere he is. But, like volumes speak worlds of information In 1993, they voted to lower the defi- Paul of old— for us, of how ineffective we have been Mr. BYRD. Like who? cits by almost $500 billion. Working Mr. HATCH. Like Paul of old, who in doing what is right. The Constitu- with the President, we had a package held the coats— tion provides, in article V, for ways of to reduce the deficits. I voted for that Mr. BYRD. A great Apostle. amending it when it becomes necessary package. The Senator from Con- Mr. HATCH. The man who held the in the public interest to do so. I cannot necticut voted for that package. Many coats of the men who stoned the first imagine anything more necessary in other Senators on this side of the aisle Christian martyr, he is sincerely the public interest than a balanced voted for that package. Not one—not wrong. budget amendment, Senate Joint Reso- one—Senator on the other side voted Mr. BYRD. Paul was? lution 1, if you will, a bipartisan for that package, to bring down the Mr. HATCH. Paul was, yes, for hold- amendment, bicameral bipartisan deficits. ing the coats of those who stoned the amendment, that literally, literally So we do not need a constitutional first Christian martyr, Stephen. Paul puts some screws to Congress and some amendment. We just need the courage was sincere. He meant what he said. He restraints on Congress and makes Con- to vote for it. I do not know what there really was sincere. But he was wrong. gress have to face the music. is in this constitutional amendment Mr. BYRD. Mr. President, we are get- Right now, we don’t face any music. that will give us any more courage and ting off the track. Let’s have the will? Give me a break,

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1293 we haven’t had the will in almost 66 ance this budget any more than if we it did not define free speech or show years, but certainly not in the last 28 didn’t have it; may even make it more how free speech was going to be en- years, as represented by these huge difficult to balance the budget. forced. But we all know that’s ridicu- stacks of unbalanced budgets of the Moses struck the rock at Kadesh lous, and I believe it’s ridiculous, but I United States of America. with his rod. He smote the rock twice believe we should be better equipped to I have to pay respect to my col- and water gushed forth and the peo- deal with estimates of outlays and re- league, because I care for him so much. ple’s thirst and the thirst of the beasts ceipts with a balanced budget amend- He is sincere, he is eloquent, and he is of the people were quenched. This ment in the Constitution that all of us a great advocate, and I respect him. In amendment is not the rock of Kadesh. are sworn to uphold. fact, it could be said I love him. The You won’t be able to smite that amend- Mr. BYRD. Mr. President, will the fact of the matter is, I think he is ment. The waters of a balanced budget Senator yield? wrong. He thinks I am wrong. But I are not going to flow from that piece of Mr. HATCH. Sure. think his charts are very, very good junk. I say that with all due respect to Mr. BYRD. Senator DODD needs to reasons why, and these books are very my friend. But that will not work. speak on his amendment a bit more, so good reasons why something has to be That’s the long and the short of it, and I am going to leave the floor for now. done. We cannot just keep frittering it is misleading the people. It is mis- Mr. HATCH. Well, I will miss my col- away our children’s future and the fu- leading the people. The amendment league. ture of our grandchildren. I know he doesn’t require us to balance the budg- Mr. BYRD. I beg your pardon. shares that view with me, and I just et, it only requires us to balance the Mr. HATCH. This has been a good wish we could do more together to pro- estimates. So there we go again. There colloquy. I will miss my colleague, and tect their future. I am doing every- is a wheel, and we seem to be on it, he teaches me a lot every time he thing I can with this amendment. around and around. Balance the esti- comes to the floor. Mr. BYRD. You are being honest mates. We have seen the estimates. Mr. BYRD. I would like to hear the about it, too—— So we can see by looking at this distinguished Senator explain how the Mr. HATCH. I am being honest. chart where the estimates have been States balance their budgets and how Mr. BYRD. Saying it doesn’t promise wrong—always wrong—in the past, and they operate, not only on a budget that a balanced budget. we should know by that lamp that they provides for the operating expenses of Mr. HATCH. I think it promises a are going to be wrong in the future. Government from day-to-day, but also balanced budget, I don’t think it man- So what faith can we have in this on the capital budget, and why under dates one. It gives us the flexibility to kind of an amendment? The Senator this amendment the Federal Govern- do whatever we want to do, as long as says we would be under greater pres- ment will not be able to have a capital we comply its requirements. sure to balance the budget. Why not budget. Mr. BYRD. To cook the estimates. start now? Why wait 5 years, at least 5 Why does not someone explain that Mr. HATCH. No, no, it gives us the years, perhaps even longer under that the States operate on two budgets? Not flexibility to do whatever we want to amendment? Why wait for pressure? only an operating budget, but also a do, but we have to stand up and vote to The pressure is just as great today and capital budget. And then why do we do it by supermajority votes. If you we will be even deeper into the hole by continue to say that the Federal Gov- want to increase the deficits, you have 2002 than we are now. ernment should balance its budget like to stand up and vote by a super- Mr. HATCH. Let me just say this, the States do, without the explanation majority to do it. If you want to in- Moses also struck the rock at Meribah that there are capital budgets in crease taxes, you can do it, but you and gave water and was forbidden from States? have to vote on a constitutional major- entering the promised land after 40 Mr. HATCH. I will not go into that ity of both Houses, to do it. That is a years of traveling in the wilderness. very much right now, but I think the considerably different situation from Mr. BYRD. Struck the rock at Horeb. Senator makes a very good point. what we have today where there are no Mr. HATCH. That’s right, Horeb. The One reason is the States do not print constraints and, in many cases, or fact of the matter is that he was fol- the money. No. 2 is some States cannot some cases that are very important, at lowing, in a sense, the same pattern, do much in the capital way because least over the last 21 years, no votes. It but without God’s will. And I am tired they do not have the money and they has been done in the dead of the night, of following the same pattern which I do not balance their budgets the way to use a metaphor, a metaphor that is cannot believe is God’s will. I am sorry they should. No. 3 is that there are rat- all too real. These budget volumes are that we have 28 years of unbalanced ing systems that make it possible for real. These are not mirages. These vol- budgets in a row, and we are looking at States to borrow on bonds, and they umes are actually real. They represent 28 more because we are unwilling to do discipline the use of bonds by the 28 years of unbalanced budgets, 8 years what is right. States. There would be no similar sys- longer than I have been here, and I see Now, look, the balanced budget tem for the Federal Government. No. 4 many, many more in the future if we amendment moves us toward a bal- is that, frankly, the Federal Govern- don’t pass this balanced budget amend- anced budget by requiring super- ment can create surpluses that should ment. majority votes if we want to unbalance work. No. 5 is that the States, at least Mr. BYRD. Mr. President, here is the the budget or increase the taxes to bal- 44 of them, have balanced budget mirage, right here. This is the mirage, ance it. It requires a balanced budget amendments. If they did not have their this amendment to the Constitution. unless there are emergencies in which balanced budget amendments, many of The Senator says that we should write we need a three-fifths majority to them would not be balancing their two or three more supermajority re- waive balanced budget requirements. budgets either, even with the capital quirements into the Constitution. It al- In all due respect, my friend from budget. And they have done better ready requires eight, including the West Virginia is actually arguing that than the Federal Government at re- three amendments—five in the original one should oppose the balanced budget straining their borrowing. Constitution and three amendments, amendment because it doesn’t require So there is no real comparison be- 12, 14 and 25. Now we are going to write utopia, because we can rely on esti- tween the Federal Government and the some more in. This is going to head us mates. Well, utopia, means ‘‘nowhere.’’ States. There is nobody to keep the more and more in the direction of mi- But relying on good faith estimates, as Federal Government in line without a nority control—minority control. This the report does say, is ‘‘somewhere,’’ balanced budget amendment. I think is a republic, which uses democratic rather than ‘‘nowhere.’’ And it will that is what this balanced budget processes. This is a representative de- lead us to balanced budgets. amendment is all about. I appreciate mocracy, a republic for which it The first Congress and the States my colleague. We have had a good de- stands. A republic. ratified the Bill of Rights. If we took bate. He certainly always raises very I just close by saying this amend- the Senator’s line, one should have op- interesting issues and very pertinent ment is a real gimmick—a real gim- posed them, let’s say, the first amend- issues and I think adds to the quality mick. It is not going to cause us to bal- ment, for instance, free speech, because of the debate around here every time

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1294 CONGRESSIONAL RECORD — SENATE February 12, 1997 he comes on the floor. So I personally estimates, but I would suggest that in We are not concluding that the Trust appreciate it. due course—I have difficulty getting Funds surpluses could not be drawn down to With regard to capital budgets, let time on this floor because when there pay beneficiaries. The [balanced budget me say OMB, CBO and GAO, among is time I cannot be here and then when amendment] would not require that result. others, have opined that debt-financed I get here, eminent Senators are using So it does not stand for the propo- capital budgets are not a good idea for all the time. I am not complaining. sition that was used. They made a mis- the Federal Government. All of them But I would like tomorrow to explain take in the translation, in the way have said that. See, for example, Presi- a bit about estimating. I would just they interpreted and we can debate dent Clinton’s fiscal 1998 proposed suggest that we need not use the esti- that a little tomorrow. But I just budget. The Analytical Perspectives mating that has taken place to produce thought we ought to make sure that we volume, I think on page 136, there are that chart. There is another way to es- understood that. some remarks on this. timate it. You can estimate right up Now, I know that my friend from The Clinton administration said, close to the end of the period of time, West Virginia is a proponent of the ‘‘The rationale for borrowing to fi- and you get estimates that are pretty Constitution. And when you speak of nance investment is not persuasive’’ close. amending it, he stands on it. But let us and that a ‘‘capital budget is not a jus- I would also suggest that whether it face it, you cannot stand on it when tification to relax current and proposed is red or whether it is black—— you are talking about amending it. Be- budget constraints.’’ I agree. Mr. BYRD. Will the Senator yield? cause that would have meant none of Besides the fact that the U.S. Gov- But there, they are still estimates. the amendments that were added to it ernment does not need to borrow to fi- Mr. DOMENICI. That is correct. would be there. You would have held up nance its investment, it is not subject I will talk about it tomorrow. And the old Constitution when it was first to the constraints that families, busi- everything about us, the Government, drawn with no amendments and said, I ness and States face. is built on estimates. We rely on it stand on it. Families and businesses are dis- very, very much. Mr. BYRD. Oh, no, no, no, no. ciplined by markets. States are dis- Mr. BYRD. Will the Senator yield? Mr. DOMENICI. You could. Mr. BYRD. No, no, no. The Senator ciplined by bond ratings. A Federal Mr. DOMENICI. Yes. was quite right he was not here to hear capital budget is bound to be abused. Mr. BYRD. We rely on it and the my statement. Future Congresses could redefine many charts show how much we fall short. Mr. DOMENICI. I do not have any ad- kinds of spending as capital. It would Mr. DOMENICI. Half that red and half that black is not estimates at all. ditional time. be a monstrous loophole in the bal- Mr. President, I ask unanimous con- anced budget amendment. Half or more is based upon programs that cost more than you estimate. sent that the memorandum from the Let me just say that I do agree with Congressional Research Service be OMB, CBO, the Office of Management Frankly, that has nothing to do with economic estimates. It has to do with printed in the RECORD. and Budget, the Congressional Budget There being no objection, the mate- us not doing a good enough job figuring Office, the General Accounting Office, rial was ordered to be printed in the what programs are going to cost. That that a Federal capital budget is not a RECORD, as follows: good idea. Especially, I think, in the could be fixed. In fact, we are doing CONGRESSIONAL RESEARCH SERVICE, context of a constitutional amend- much better at it already in terms of THE LIBRARY OF CONGRESS, ment. So that is all I will say about it that. Washington, DC, February 12, 1997. today. But I hope that is enough be- But my last observation has to do with a thought you had as you cap- To: Hon. PETE V. DOMENICI; Attention: Jim cause a capital budget is really not the Capretta. way to go constitutionally. But this tured the notion that this would make From: American Law Division. amendment, Senate Joint Resolution 1, this budget so unreliable that you Subject: Treatment of Outlays from Social is the right way to go. It will help us to called it all a gimmick. Security Surpluses under BBA. make some dents in what has been Frankly, I want to make sure that This memorandum is in response to your going on for the last 28 years at least, everybody knows that the best use of inquiry with respect to the effect on the So- or should I say 58 of the last 66 years the word gimmick for anything going cial Security Trust Funds of the pending where we have had unbalanced budgets. on on this floor has to do with the gim- Balanced Budget Amendment (BBA). Under Could I ask the Chair, how much mick that some on that side of the S.J. Res. 1 as it is now before the Senate § 1 aisle are using when they speak of tak- would mandate that ‘‘[t]otal outlays for any time remains on both sides? fiscal year shall not exceed total receipts for The PRESIDING OFFICER (Mr. ing Social Security off budget so you the fiscal year. . . .’’ Outlays and receipts ABRAHAM). The Senator from Utah has will assure Social Security’s solvency are defined in § 7 as practically all inclusive, 14 minutes, 25 seconds, the Senator and the checks. That is a gimmick of with two exceptions that are irrelevant here. from Connecticut has 1 minute, 32 sec- the highest order. For you do that, and At some point, the receipts into the Social onds. there is no assurance that Congress Security Trust Funds will not balance the Mr. DODD. Can I get 6 or 7 minutes? will not spend the trust fund surpluses outlays from those Funds. Under present Mr. HATCH. Go ahead. for anything they want. It is no longer law, then, the surpluses being built up in the subject to any budget discipline. It is Funds, at least as an accounting practice, Mr. DOMENICI. Would the Senator will be utilized to pay benefits to the extent yield some time? Two minutes? out there all by itself. receipts for each year do not equal the out- Mr. HATCH. Could I yield to the Second, there is no assurance that lays in that year. Simply stated, the federal budget—— programs for senior citizens that are securities held by the Trust Funds will be Mr. DOMENICI. Go to him first. not Social Security would not be drawn down to cover the Social Security def- Mr. DODD. I would like to make moved there, and that that trust fund icit in that year, and the Treasury will have some concluding remarks on my pend- becomes more vulnerable then when it to make good on those securities with what- ing amendment. So if the Senator from is subject to the discipline of the give- ever moneys it has available. and-take of a budget. And on that I am However, § 1 of the pending BBA requires New Mexico wants to take a couple that total outlays for any fiscal year not ex- minutes to do that, and then I would certain. ceed total receipts for that fiscal year. Thus, like to wrap up on my amendment be- And last, some Senators today got up the amount drawn from the Social Security fore the vote at 5:30. and said that the Congressional Re- Trust Funds could not be counted in the cal- Mr. HATCH. I yield such time as he search Service had given them all they culation of the balance between total federal needs. needed because it had apparently said outlays and receipts. We are not concluding Mr. DOMENICI. Two minutes. that you risked Social Security in the that the Trust Funds surpluses could not be The PRESIDING OFFICER. The Sen- outyears. Well, that did not sound drawn down to pay beneficiaries. The BBA ator from New Mexico. right to any of us. We called them up would not require that result. What it would mandate is that, inasmuch as the United Mr. DOMENICI. I might say to the and they have issued a correction. It States has a unified budget, other receipts distinguished senior Senator from West could not conceivably be what they into the Treasury would have to be counted Virginia, Senator BYRD, I did not hear said and what was implied from it. to balance the outlays from the Trust Funds your entire argument with reference to They are now saying—and I quote: and those receipts would not be otherwise

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1295 available to the Government for that year. The PRESIDING OFFICER. The Sen- So I urge my colleagues to look at Only if no other receipts in any particular ator from Utah has 6 minutes and 42 this amendment that will be at the year could be found would the possibility of seconds desk when you come to vote in a few a limitation on drawing down the Trust Mr. HATCH. I yield 3 minutes to the Funds arise. Even in this eventuality, how- minutes. We replace this language by ever, Congress would retain authority under Senator from Connecticut. saying that the Nation faces an immi- the BBA to raise revenues or to reduce ex- AMENDMENT NO. 4, AS MODIFIED nent and serious military threat to na- penditures to obtain the necessary moneys Mr. DODD. Pursuant to a discussion tional security as declared by a joint to make good on the liquidation of securities earlier, I ask unanimous consent to resolution that is passed into law. We from the Social Security Trust Funds. send to the desk a modification of my must vote that we are facing that im- JOHNNY H. KILLIAN, amendment along the lines we dis- minent threat. If we vote accordingly, Senior Specialist, American that we are facing an imminent threat, Constitutional Law. cussed earlier. I ask unanimous con- sent my amendment be allowed to be then it seems to me that to waive the Mr. DOMENICI. I yield back to the modified. restrictions here is the only sensible chairman. I will be glad to come down The PRESIDING OFFICER. Without thing to do. To require today that we and discuss this in more detail. have a declaration of war, the perverse Mr. BYRD. I will be happy to join the objection, it is so ordered. idea that a President and Congress, in Senator. The amendment (No. 4), as modified, Mr. DODD. I wanted to yield to my is as follows: a future time may declare war just to colleague from West Virginia, who On page 3, line 7, strike beginning with avoid the restrictions of this amend- ‘‘is’’ through line 11 and insert ‘‘faces an im- ment, or to actually be engaged in a wanted to make a comment on the minent and serious military threat to na- pending amendment. conflict and not allow our Nation to tional security as declared by a joint resolu- prepare for a likely conflict, concerns The PRESIDING OFFICER. The Sen- tion,’’. which becomes law.’’ ator from Utah has 9 minutes and 21 me deeply. Mr. DODD. Mr. President, let me Mr. President, I urge my colleagues, seconds remaining, and the Senator briefly sum up, if I can, this amend- from Connecticut has 1 minute and 32 and I thank my colleague from West ment. I think the handwriting is on the Virginia for his support of this amend- seconds. wall. It is one of those moments, the Mr. HATCH. How much time does the ment, but I urge my colleagues to wave is moving here, and I deeply re- Senator need? please read this amendment and read Mr. BYRD. Three minutes. gret it. this section and realize what great Mr. HATCH. Mr. President, I yield 3 I have the feeling my colleagues have harm and danger we could be creating minutes of my time to the distin- just not read section 5 as carefully as for our Nation if we adopt this amend- guished Senator from West Virginia, we should. I emphasize again and draw ment with this section as written, and then I have the Senator from Ne- their attention to this not based on the which I think places this Nation in an braska waiting to speak. argument that I asked them to not unrealistic and dangerous straitjacket. Mr. BYRD. Mr. President, I thank support the constitutional amendment I thank my colleague from Utah for the distinguished Senator from Utah to balance the budget, but merely that yielding the time. for his courtesy in yielding time. we improve this section to reflect, I Mr. HATCH. Let me take 1 minute of Mr. President, I commend the distin- think, what ought to be the priorities my remaining time, and that is to say guished senior Senator from Con- of a nation; that is, to be able to re- that this amendment will have a loop- necticut for his amendment, and for his spond to an imminent threat to our na- hole in the balanced budget amend- very thorough explanation of it. There tional security and be allowed to do ment second to none, and a loophole is, as he has said, no higher duty than that in a way that would permit us to for any kind of spending—not military this body has than to safeguard the se- waive the restrictions of this amend- spending, any kind of spending. It curity and liberties of the American ment. The priority of responding, I means more of the 28 years of unbal- people. This is the height of pernicious think, is a higher one than the issue of anced budgets. I hope my colleagues legislative mischief to provide the the constitutional amendment to bal- will vote down this amendment. ready and robust forces when the Na- ance the budget. I yield back the balance of my time. tion faces a serious threat to our na- I draw the attention of my colleagues Mr. DODD. I yield back my time. tional security. Can we define the spe- to some pivotal words in this section, Mr. HATCH. I move to table, and I cific nature of such threats that might ‘‘a declaration of war,’’ or the United ask for the yeas and nays. face us? Of course not. Do we need the States must be ‘‘engaged in military The PRESIDING OFFICER. Is there a flexibility to react in time, in advance, conflict,’’ particularly that latter one, sufficient second? There is a sufficient and with sufficient credibility so as to Mr. President. It does not talk about second. show down all such conceivable threats imminent danger. We must actually be The yeas and nays were ordered. to our security? Of course, we should. engaged. The PRESIDING OFFICER. The The Constitution should not be used It is ironic in many ways that we can question is on agreeing to the motion as a straitjacket which has the effect have a declaration of war which can be to lay on the table the amendment, as of throwing into doubt our ability to reached by a simple majority here. A modified, of the Senator from Con- perform this most basic of our duties. simple majority of Senators present necticut. Thus, the Dodd amendment is a very and voting can declare war. You do not On this question, the yeas and nays useful one, as essential improvement to require that all Members be here to de- have been ordered, and the clerk will the constitutional proposal which is clare war. No vote we ever cast could call the roll. before the body. The definition of ‘‘im- ever be more profound than to commit The bill clerk called the roll. minent and serious military threat to our Nation to war. Yet, to waive the The PRESIDING OFFICER. Are there national security,’’ as a test for budget requirement of this amendment any other Senators in the Chamber de- waiving the requirements of the bal- requires a special parliamentary pro- siring to vote? anced budget, as proposed by the dis- ceeding which excludes the vote of the The result was announced— yeas 64, tinguished Senator from Connecticut is Vice President, and requires a majority nays 36, as follows: of all Members regardless of who is a valuable improvement to the amend- [Rollcall Vote No. 10 Leg.] ment offered by the Senator from present in order to waive the restric- YEAS—64 Utah, and I strongly encourage my col- tions of this so we can respond to a leagues to support it. conflict. How ironic that in the very Abraham Chafee Enzi Allard Coats Faircloth I again thank my friend from Utah, same section you have a declaration of Ashcroft Cochran Frist who is my friend, who is a fine Chris- war that can be reached by a simple Baucus Collins Gorton tian gentleman, who is always fair and majority of Members present and vot- Bennett Coverdell Graham ing, and yet to waive the restrictions Bond Craig Gramm courteous. I salute him for that, and I Brownback D’Amato Grams thank my colleague from Connecticut. of this amendment requires a ‘‘super’’ Bryan DeWine Grassley Mr. HATCH. How much time re- number, if you will, beyond that which Burns Domenici Gregg mains? is necessary to commit this Nation. Campbell Dorgan Hagel

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1296 CONGRESSIONAL RECORD — SENATE February 12, 1997 Hatch McCain Smith, Bob come clear to me that the will to exer- resolution has been filed and, of course, Helms McConnell Smith, Gordon cise the necessary spending restraint we will need to clear it with the Demo- Hollings Moseley-Braun Snowe Hutchinson Murkowski Specter does not exist within this body without cratic leader. Hutchison Nickles Stevens a strict requirement. I believe that the There are rollcall votes possible dur- Inhofe Reid Thomas balanced budget amendment provides ing tomorrow’s session but we do not Jeffords Robb Thompson such a framework, and that is why I have an agreement on that yet. Kempthorne Roberts Thurmond Kyl Roth Warner support it. Mr. President, I ask unanimous con- Lott Santorum Wyden The Wellstone amendment was cer- sent that when the Senate resumes Lugar Sessions tainly difficult to vote against. But I Mack Shelby consideration of Senate Joint Resolu- strongly believe that the very argu- tion 1, the balanced budget amend- NAYS—36 ments made by the proponents of the ment, on Monday, February 24, the Akaka Feingold Lautenberg amendment are exactly those that will Senate resume consideration of Sen- Biden Feinstein Leahy help preserve critical children’s pro- Bingaman Ford Levin ator BYRD’s amendment No. 6 begin- Boxer Glenn Lieberman grams from future budget cuts. Our ning at 3:30 p.m. Breaux Harkin Mikulski children are already saddled with a tre- I further ask that there be 2 addi- Bumpers Inouye Moynihan mendous debt burden created by past Byrd Johnson Murray tional hours of debate equally divided Cleland Kennedy Reed federal budget excess. It makes no fis- in the usual form prior to the vote on Conrad Kerrey Rockefeller cal sense to further hinder their ability or in relation to the Byrd amendment Daschle Kerry Sarbanes to pay off that debt by short-changing and finally no amendments be in order Dodd Kohl Torricelli their education or health. The very vi- Durbin Landrieu Wellstone to that amendment. ability of our economy depends upon The PRESIDING OFFICER. Without The motion to lay on the table the the opportunity of our children to objection, it is so ordered. amendment (No. 4), as modified, was flourish. agreed to. Mr. LOTT. Again, so that Senators We clearly can not afford to ignore will have this information, the agree- Mr. HATCH. Mr. President, I move to the needs of our children. But if we are reconsider the vote. ment allows for a rollcall vote then on serious about passing a meaningful bal- Senator BYRD’s amendment at approxi- Mr. NICKLES. I move to lay that mo- anced budget amendment, then we tion on the table. mately 5:30 on Monday, February 24. must reject efforts to dismantle that Mr. FORD. Mr. President, I know the The motion to lay on the table was effort through piecemeal exclusions of agreed to. majority leader loves to hear himself programs, however worthy the par- talk. The rest of us would like to hear f ticular program. I fear that such ex- him, too. WELLSTONE AMENDMENT NO. 3 emptions will lead to a cascade of fur- Will you have order in the Chamber. ther exemptions and ultimately leave Mr. LOTT. I am highly complimented Mr. KOHL. Mr. President, yesterday little room to create a truly fair and the Senate voted on the first of several and appreciative of the Senator’s com- balanced budget. That is exactly the ments. potential amendments to exempt cer- scenario that has caused us to get to a Mr. FORD. The reason I did that, Mr. tain programs from the balanced budg- 4 trillion dollar Federal debt. President, is because the majority whip et constitutional amendment. I greatly I have sought to protect funding for does not want to do that. He likes to appreciate the comments made on the child care resources, public health and hear me do it. amendment by the Senator from Min- education and will continue to do so in nesota regarding the importance of the context of a balanced budget. When The PRESIDING OFFICER. The ma- programs that benefit our children. it comes to the annual appropriations jority leader is recognized. Senator WELLSTONE spoke passionately process, of which I am an active partic- The Senate will come to order. and I could not agree more that we ipant as a member of the Senate Ap- Mr. LOTT. Mr. President, there will must protect our children. propriations Committee, I will remain be a vote then on Senator BYRD’s However, I disagree with the notion front and center fighting to protect amendment at approximately 5:30 on that we should exempt certain cat- children’s programs. But as a supporter Monday, February 24, which is the date egories of programs from the strictures of the balanced budget amendment, I the Senate returns from the Presidents of the balanced budget amendment. I must object to blanket exclusions. Day recess. don’t see balancing the budget and Mr. LOTT addressed the Chair. I have discussed these Monday after- helping our children as two mutually The PRESIDING OFFICER. The ma- noon votes with the Democratic leader. exclusive goals. In fact, these are two jority leader. We are agreed we will have votes quite of my highest priorities and they are Mr. LOTT. Mr. President, for the in- often on Monday afternoons. We will critically linked. formation of all Senators here and try to tell you as far in advance as we I heard the compelling arguments back now at their offices, there will be can. It does seem to get the Members about the difficult spending cuts that no further votes this evening. I under- back and ready for work. It allows us occurred during the last Congress. I stand there are—— to get committee work done on Mon- agree that more should be done to bal- Mr. FORD. Mr. President, may we day afternoons or certainly on Tuesday ance the burden of spending reductions have order, please. mornings. And also I should remind in the future. As a society and as a The PRESIDING OFFICER. The Sen- Senators that that week after we come government, we must maximize our ator from Kentucky makes an excel- back after the Presidents Day recess, commitment to the well-being of our lent point. The Senate will come to in order to complete our work on the children or suffer the consequences in order. balanced budget amendment there is a the world economy. But what’s more The majority leader is recognized. good possibility we will have to stay in important, if we fail our children, we Mr. LOTT. There will be no further late on Tuesday, Wednesday, and fail as a people. votes this evening, but I do understand Thursday. That is not definite yet. It Mr. President, I am committed to the there are several requests for morning will depend on how many amendments concept of the balanced budget amend- business in the morning. In light of and time agreements. We will work ment. I am committed to the idea that those requests and the memorial serv- with the leader on that. But we have the financial security of this Nation ice for Ambassador Pamela Harriman, I been very aggressive in trying to keep rests on the ability of the Federal Gov- expect the Senate will be conducting our schedule reasonable. If we need to ernment to curb the practice of spend- morning business only until around 2 do some late nights that week to finish ing beyond its means. And I am deeply p.m. on Thursday. our work so that we can do other committed to the belief that our Na- Following morning business, there is things that are pending, including tion’s future depends on the invest- a possibility for consideration of a res- nominations, then we would be pre- ment we place in our children. In re- olution regarding milk prices, and pared to do that. But we will advise viewing the fiscal history of this Na- there is the possibility of another reso- you in advance when we are going to tion over the past 25 years, it has be- lution but we are trying to see if that have to be in session at night.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1297 MORNING BUSINESS century. It began in the difficult days identified in these reports have cost Mr. LOTT. Mr. President, I ask unan- of World War II in England during my taxpayers billions of dollars in unnec- imous consent that there be a period father’s service as Ambassador in Lon- essary expenditures. Without adequate for the transaction of morning business don. Pamela became an especially close oversight from the Congress many with Senators permitted to speak for friend of my older sister Kathleen, and more billions will be wasted before we up to 5 minutes each. her friendship with our family contin- are through. While the magnitude of The PRESIDING OFFICER. Without ued ever since. the problems GAO has identified is objection, it is so ordered. Her marriage to Averell Harriman in shocking, I am optimistic that we have 1971 brought us even closer. Averell had f in place the tools to change Govern- been a great friend and key adviser to ment for the better—but we must be TRIBUTE TO COL. JOHN K. WILSON President Kennedy on foreign policy, willing to use them. III and his wise counsel had been instru- There is a tendency when we are de- Mr. ROTH. Mr. President, I rise mental in the passage of the Limited bating how to balance the budget or today to pay tribute to Col. John K. Test Ban Treaty between the United when the crisis de jour erupts, for Gov- Wilson III as he retires after 26 years of States and the Soviet Union. ernment to ignore management distinguished service in the U.S. Air In one of her most extraordinary ac- issues—those which to some are tedi- Force. complishments, Pamela became one of ous, time-consuming and best left to Colonel Wilson is retiring from his the pillars of the Democratic Party the bean-counters. While management position as the executive director of during the 1980’s. She never lost faith issues sometimes tend to get swept operations, Secretary of the Air Force, in the enduring principles of our party. under the carpet during high-minded Office of Legislative Liaison at the She held those ideals high, and she in- policy debates, we ignore them at our Pentagon. In addition to this position, spired legions of others to do so as peril. We cannot implement any of our he also served as Chief, Congressional well. Her leadership was especially ef- policy solutions without effective pub- Inquiries Division. In a previous legis- fective in revitalizing our party in all lic administration. In an era of static lative liaison tour, Colonel Wilson parts of the country during the Reagan resources, if we are to balance the served as a Congressional Inquiries Of- and Bush years, and President Clin- budget, replace aging weapon systems ficer as well as a Senate Liaison Offi- ton’s dramatic victory in 1992 was her at the Department of Defense [DOD], or cer. In these critical positions, Colonel victory too. attack drug abuse, we must achieve Wilson not only served the Air Force Pamela’s unique qualities of leader- significant savings. To find the money, well, but he also assisted the U.S. Con- ship and ability earned her great addi- we have to make Government better gress. tional renown during her recent service while cheaper and, to do that, we have During his tenure, he worked with as Ambassador to France. On a host of to do things smarter. hundreds of Members of Congress, re- challenging issues ranging from the GAO identifies 25 areas that we must sponding to their constituent inquiries, war in Bosnia to disagreements over focus on to avoid squandering billions lending his expertise in Air Force mat- NATO and international trade, she of taxpayer dollars. For example, GAO ters and handling a myriad of unique served with her trademark combina- reports that DOD wastes billions of situations. Colonel Wilson’s profes- tion of skill, grace, and sensitivity that dollars each year on unneeded and inef- sionalism, diplomacy, and insight were made her so respected and beloved by ficient activities, is vulnerable to addi- essential to the flawless planning and all who knew her and by the entire dip- tional billions of dollars in waste by execution of well over 100 Congres- lomatic community. buying unnecessary supplies and risks sional worldwide fact-finding travels. All of us in the Kennedy family ad- overpaying contractors millions of dol- His comprehensive knowledge of the mired her leadership and her states- lars for services not rendered. It re- legislative process and thorough under- manship, but most of all, we were ports that the Internal Revenue Serv- standing of Air Force issues made him grateful for her friendship. The Nation ice’s accounting is so poor that it can- the perfect liaison between the Pen- has lost a truly remarkable public not effectively manage the collection tagon and Capitol Hill. servant, and we will miss her very of the over $113 billion owed the U.S. Mr. President, I join with my col- much. Government in delinquent taxes. In ad- leagues who have directly benefited f dition, GAO again criticizes the man- from the superb support Colonel Wilson THE VERY BAD DEBT BOXSCORE agement of the IRS’ computer mod- has provided the Congress and execu- ernization effort. Just last week, cer- Mr. HELMS. Mr. President, at the tive branch, in congratulating him for tain IRS officials conceded that this close of business yesterday, Tuesday, a job extremely well done and wishing ‘‘modernization’’ has already cost the February 11, the Federal debt stood at he and his lovely wife Andrea, the very taxpayers $4 billion and ‘‘does not work $5,305,463,575,595.03. best in the future. He will be a success in the real world’’. in any pursuit he may endeavor to un- Five years ago, February 11, 1992, the dertake. Colonel Wilson is a profes- Federal debt stood at $3,796,319,000,000. IRS is not the only Federal agency sional among professionals and has Ten years ago, February 11, 1987, the having a problem coming to grips with brought great credit upon himself and Federal debt stood at $2,226,839,000,000. the electronic age. Over the last 6 the U.S. Air Force. Fifteen years ago, February 11, 1982, years, the Federal Government has spent $145 billion on computers but f the Federal debt stood at $1,033,988,000,000. continues to have, according to GAO, TRIBUTE TO PAMELA HARRIMAN Twenty-five years ago, February 11, ‘‘chronic problems harnessing the full Mr. KENNEDY. Mr. President, I was 1972, the Federal debt stood at potential of information technology to shocked and deeply saddened by Pam- $424,352,000,000 which reflects a debt in- improve performance, cut costs, and/or ela Harriman’s death last week in crease of more than $4 trillion enhance responsiveness to the public.’’ Paris. All of us in the Kennedy family ($4,881,111,575,595.03) during the past 25 The security of sensitive data on Gov- cherished her friendship, and we will years. ernment computers and how well the Government converts its old computers always have many warm memories of f her close ties to our family. to run in the 2000 were also identified In a very real sense, throughout the TAXPAYERS AT RISK FROM GOV- by GAO as areas that posed a risk to Reagan and Bush years, she was the ERNMENT WASTE AND MIS- the Treasury. First Lady of the Democratic Party. I MANAGEMENT Billions of dollars in waste, fraud, especially admired her leadership, her Mr. THOMPSON. Mr. President, and abuse occur in Federal benefit pro- extraordinary ability, and her abiding today the U.S. General Accounting Of- grams. GAO reports, in the supple- commitment to the best ideals of pub- fice [GAO] issues its high risk series mental security income program alone, lic service. which identifies those federal programs taxpayers are losing over $1 billion a Pamela’s friendship with the Ken- that are especially vulnerable to waste year in overpayments. The $197 billion nedy family goes back more than half a and mismanagement. The programs Medicare Program, according to GAO

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1298 CONGRESSIONAL RECORD — SENATE February 12, 1997 ‘‘loses significant amounts due to per- which were referred to the appropriate report of one rule relative to Military Muni- sistent fraudulent and wasteful claims committees. tions, (FRL–5686–4) received on February 6, and abusive billings.’’ (The nominations received today are 1997; to the Committee on Environment and Public Works. The risk of losses from the $941 bil- printed at the end of the Senate pro- EC–1061. A communication from the Direc- lion Federal loan portfolio is another ceedings.) tor of the Office of Regulatory Management source of taxpayer vulnerability. Cur- f and Information, Environmental Protection rently, the Government has $44 billion Agency, transmitting, pursuant to law, the of defaulted guaranteed loans on its MESSAGES FROM THE HOUSE report of three rules including one rule rel- books and has written off many bil- At 11:40 a.m., a message from the ative to approval and promulgation of imple- lions more over the last few years. Ac- House of Representatives, delivered by mentation plans, (FRL–5686–2, 5585–8, 5678–5), received on February 6, 1997; to the Com- cording to GAO, three loan programs Mr. Hays, one of its reading clerks, an- mittee on Environment and Public Works. (student, farm, and housing) are espe- nounced that the Speaker appoints the EC–1062. A communication from the Direc- cially vulnerable due to poor agency following Members to the Board of tor of the Office of Regulations Management, management. GAO also calls for im- Trustees of the Harry S. Truman transmitting, pursuant to law, two rules in- proving Federal contract management Scholarship Foundation: Mr. EMERSON cluding a rule entitled ‘‘Dependency and In- come’’ (RIN2900–AI47, AI36) received on Feb- at several agencies that spend tens of of Missouri and Mr. SKELTON of Mis- billions of dollars each year on con- ruary 4, 1997; to the Committee on Veterans’ souri. Affairs. tractor support. Finally, the 2000 cen- The message also announced that the EC–1063. A communication from the Dep- sus was placed on the high risk list. Speaker appoints the following Mem- uty Assistant Administration, Office of Di- The census has tremendous implica- ber to the Board of Trustees of Gal- version Control, Drug Enforcement Adminis- tions in the allocation of billions of laudet University: Mr. LAHOOD of Illi- tration, Department of Justice, transmit- dollars in Federal funding and for the nois. ting, pursuant to law, two rules including a rule entitled ‘‘Exemption from Import and apportionment of seats in the House of f Representatives. Export Requirements for Personal Use’’ EXECUTIVE AND OTHER (RIN1117–AA38, AA42); to the Committee on However, GAO was not all doom and the Judiciary. gloom acknowledging that, ‘‘after dec- COMMUNICATIONS EC–1064. A communication from the Assist- ades of seeing high risk problems and The following communications were ant Secretary of Commerce and Commis- management weaknesses recur in agen- laid before the Senate, together with sioner of Patents and Trademarks, transmit- cy after agency,’’ Congress has moved accompanying papers, reports, and doc- ting, pursuant to law, a rule entitled ‘‘In- to enact several Government-wide re- terim Guidelines for the Examination of uments, which were referred as indi- Claims’’ (RIN0651–XX09) received on Feb- forms to address the situation. GAO cated: ruary 6, 1997; to the Committee on the Judi- mentions five such laws as key to im- EC–1054. A communication from the Gen- ciary. proving operations in the Federal Gov- eral Counsel, Department of Transportation, EC–1065. A communication from the Assist- ernment: The Chief Financial Officers transmitting, pursuant to law, the report of ant Secretary of the Interior for Fish and Act of 1990, the Government Perform- fourteen rules including one rule relative to Wildlife and Parks, transmitting, pursuant ance and Results Act of 1993, the Fed- Class E airspace, (RIN2120–AA64, AA66) re- to law, a rule entitled ‘‘Badlands National eral Acquisition Streamlining Act of ceived on February 11, 1997; to the Com- Park’’ (RIN1024–AC30) received on February mittee on Commerce, Science, and Transpor- 8, 1997; to the Committee on Energy and Nat- 1994, the Paperwork Reduction Act of ural Resources. 1995 and the Clinger-Cohen Act infor- tation. EC–1055. A communication from the Gen- EC–1066. A communication from the Gen- mation management and procurement eral Counsel, Department of Transportation, eral Counsel of the Department of Energy, reforms of 1996. These laws are de- transmitting, pursuant to law, the report of transmitting, pursuant to law, an acquisi- signed to get the Federal Government two rules including one rule relative to Civil tion regulation (RIN1991–AB34) received on to operate in a sound, businesslike Monetary Penalty Inflation, (RIN2105-AC63, February 4, 1997; to the Committee on En- AC34) received on February 11, 1997; to the ergy and Natural Resources. manner. It is up to Congress and the EC–1067. A communication from the Sec- administration to ensure that these Committee on Commerce, Science, and Transportation. retary of Energy, transmitting, pursuant to management reforms are implemented law, a report concerning process-oriented en- to improve Government performance EC–1056. A communication from the Assist- ant Administrator, Environmental Protec- ergy efficiency; to the Committee on Energy and results. tion Agency, transmitting, pursuant to law, and Natural Resources. EC–1068. A communication from the Chief I want to work with the administra- the report under the Safe Drinking Water of the Regulations Unit, Internal Revenue tion and my colleagues in Congress to Act Amendments; to the Committee on Envi- Service, Department of the Treasury, trans- improve the Government’s operations. ronment and Public Works. mitting, pursuant to law, Notice 97–15 re- EC–1057. A communication from the Direc- As part of this process, I plan to invite ceived on February 10, 1997; to the Com- tor of the Office of Regulatory Management before the Senate Governmental Af- mittee on Finance. fairs Committee the Director of OMB and Information, Environmental Protection EC–1069. A communication from the Com- to address the problems identified by Agency, transmitting, pursuant to law, the missioner of Social Security, transmitting a report of two rules including one rule rel- report of accomplishments; to the Com- GAO. We have the legislative frame- ative to National Emission Standards, (FRL– work in place to eradicate these pro- mittee on Finance. 5669–3, 5682–9, 5683–4), received on February EC–1070. A communication from the Sec- grams from GAO’s high risk list. What 10, 1997; to the Committee on Environment retary of Veterans’ Affairs, transmitting a we need is the vision and fortitude to and Public Works. draft of proposed legislation entitled ‘‘The implement these bipartisan manage- EC–1058. A communication from the Direc- Veterans’ Medicare Reimbursement Model ment reforms and achieve a lasting so- tor of the Office of Regulatory Management Project Act of 1997’’; to the Committee on lution to the management problems and Information, Environmental Protection Finance. that torment the pocketbook of our Agency, transmitting, pursuant to law, the EC–1071. A communication from the Direc- report of one rule relative to Land Disposal citizens. tor of the Defense Security Assistance Agen- Restrictions, (FRL–5681–4) received on Feb- cy, transmitting pursuant to law, a report f ruary 3, 1997; to the Committee on Environ- containing an analysis and description of MESSAGES FROM THE PRESIDENT ment and Public Works. services for fiscal year 1996; to the Com- EC–1059. A communication from the Direc- mittee on Foreign Relations. Messages from the President of the tor of the Office of Regulatory Management EC–1072. A communication from the Assist- United States were communicated to and Information, Environmental Protection ant Secretary of State (Legislative Affairs), the Senate by Mr. Williams, one of his Agency, transmitting, pursuant to law, the transmitting, pursuant to law, the report of secretaries. report of three rules including one rule rel- a Determination relative to the Republic of ative to approval and promulgation of imple- Yemen; to the Committee on Foreign Rela- f mentation plans, (FRL–5680–5, 5685–7, 5685–1), tions. EXECUTIVE MESSAGES REFERRED received on February 4, 1997; to the Com- EC–1073. A communication from the Assist- mittee on Environment and Public Works. ant Secretary of State (Legislative Affairs), As in executive session the Presiding EC–1060. A communication from the Direc- transmitting, pursuant to law, a rule enti- Officer laid before the Senate messages tor of the Office of Regulatory Management tled ‘‘Removal of Commercial Communica- from the President of the United and Information, Environmental Protection tions Satellites’’ received on February 3, States submitting sundry nominations Agency, transmitting, pursuant to law, the 1997; to the Committee on Foreign Relations.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1299 EC 1074. A communication from the Assist- sion of the United States, Department of ing member of the Concord Coalition, a pub- ant Secretary of State (Legislative Affairs), Justice, transmitting, pursuant to law, the lic interest group focusing attention on the transmitting, a draft of proposed legislation report under the Government in the Sun- nation’s economic problems and pushing the to authorize payment of arrears to the shine Act for calendar year 1996; to the Com- need for balancing the nation’s books to the United Nations; to the Committee on For- mittee on Governmental Affairs. forefront of public awareness; and eign Relations. EC–1088. A communication from the Direc- Whereas, although he was viewed as ‘‘an EC 1075. A communication from the Assist- tor of the Office of Management and Budget, outspoken man and a determined and suc- ant Secretary of State (Legislative Affairs), Executive Office of the President, transmit- cessful politician who never shied away from transmitting, pursuant to law, a report on ting, pursuant to law, the report of the state- tough political realities,’’ he was also ‘‘a U.S. Government assistance to and coopera- ment of recommended accounting standards; good listener, a good coalition builder, and tive activities with the New Independent to the Committee on Governmental Affairs. you knew he was always working for the States of the former Soviet Union; to the EC–1089. A communication from the Execu- public good’’, now, therefore, be it Committee on Foreign Relations. tive Director of the Committee for Purchase Resolved by the Senate: EC 1076. A communication from the Direc- from People Who Are Blind or Severely Dis- That the members of the New Hampshire tor of the Office of Congressional Affairs, abled, transmitting, pursuant to law, the re- senate recognize the many accomplishments U.S. Nuclear Regulatory Commission, trans- port of additions to the Procurement List re- and contributions of former Senator Paul E. mitting, pursuant to law, a rule regarding ceived on February 4, 1997; to the Committee Tsongas; and the Operator Licensing Program (received on on Governmental Affairs. February 5, 1997); to the Committee on Envi- EC–1090. A communication from the Cor- That condolences be extended to his wife, ronment and Public Works. poration For Public Broadcasting, transmit- Niki, and three daughters, Ashley, Katina, EC 1077. A communication from the Assist- ting jointly, pursuant to law, the report of and Molly; and ant General Counsel for Regulations, Depart- the Office of the Inspector General for the That copies of this resolution, signed by ment of Education, transmitting, pursuant period April 1 through September 30, 1996; to the president of the senate, be forwarded by to law, the report of a rule relative to final the Committee on Governmental Affairs. the senate clerk to the Tsongas family, to regulations, (RIN1820–AB12) received on Feb- EC–1091. A communication from the Ad- the President of the United States, to the ruary 4, 1997; to the Committee on Labor and ministrator and Chief Executive Officer of President of the United States Senate, to the Human Resources. the Bonneville Power Administration, De- Speaker of the United States House of Rep- EC 1078. A communication from the Direc- partment of Energy, transmitting, pursuant resentatives, to each member of the New tor of Regulations Policy, Management to law, the annual report for calendar year Hampshire Congressional delegation, and to Staff, Office of Policy, Food and Drug Ad- 1996; to the Committee on Governmental Af- the state library. ministration, Department of Health and fairs. f Human Services, transmitting, pursuant to f law, a rule entitled ‘‘Investigational Device REPORTS OF COMMITTEES Exemptions,’’ received on February 4, 1997; PETITIONS AND MEMORIALS The following reports of committees to the Committee on Labor and Human Re- The following petitions and memo- sources. were submitted: EC 1079. A communication from the Direc- rials were laid before the Senate and By Mr. WARNER, from the Committee on tor of Regulations Policy, Management were referred or ordered to lie on the Rules and Administration, without amend- Staff, Office of Policy, Food and Drug Ad- table as indicated: ment: ministration, Department of Health and POM–31. A resolution adopted by the Sen- S. Res. 54. An original resolution author- Human Services, transmitting, pursuant to ate of the Legislature of the State of New izing biennial expenditures by committees of law, a rule entitled ‘‘Saccharin and its Hampshire; ordered to lie on the table. the Senate. Salts,’’ received on February 10, 1997; to the RESOLUTION f Committee on Labor and Human Resources. EC 1080. A communication from the Direc- Whereas, Paul E. Tsongas, former United EXECUTIVE REPORTS OF States Senator, on January 18, 1997, suc- tor of Regulations Policy, Management COMMITTEES Staff, Office of Policy, Food and Drug Ad- cumbed to pneumonia after a courageous ministration, Department of Health and battle with health problems that had The following executive reports of Human Services, transmitting, pursuant to plagued him since he was diagnosed with committees were submitted: cancer in 1983; and law, a rule entitled ‘‘Food Labeling: Health By Mr. D’AMATO, from the Committee on Whereas, born on February 14, 1941 and Claims,’’ received on February 10, 1997; to Banking, Housing, and Urban Affairs: brought up in Lowell, Massachusetts, he was the Committee on Labor and Human Re- Janet L. Yellen, of California, to be a viewed as one of Lowell’s finest sons who sources. Member of the Council of Economic Advis- used the values he learned on the streets of EC 1081. A communication from the Sec- ers. retary of Health and Human Services, trans- Lowell to eventually lead a bipartisan effort mitting, pursuant to law, the report on the to encourage Congress to balance the federal (The above nomination was reported National Practitioner Data Bank Mal- budget; and with the recommendation that she be practice Reporting Requirements; to the Whereas, his Lowell high school years, confirmed, subject to the nominee’s Committee on Labor and Human Resources. while working at the family dry-cleaning commitment to respond to requests to EC 1082. A communication from the Coun- shop, were followed by graduation from appear and testify before any duly con- Dartmouth College, Peace Corps in Ethiopia cil of the District of Columbia, transmitting, stituted committee of the Senate.) pursuant to law, copies of D.C. Act 11–458 and the West Indies, Yale Law School, and a adopted by the Council; to the Committee on congressional internship; and By Mr. BOND, from the Committee on Labor and Human Resources. Whereas, he began his political career in Small Business. EC 1083. A communication from the Coun- 1968 when he was elected to the city council Aida Alvarez, of New York, to be Adminis- cil of the District of Columbia, transmitting, in Lowell, then ran for Middlesex County trator of the Small Business Administration. pursuant to law, copies of D.C. Act 11–525 commissioner and won in 1972, and in 1974 at (The above nomination was reported adopted by the Council on December 3, 1996; the age of 33, continued on to the United with the recommendation that she be to the Committee on Governmental Affairs. States Congress; and confirmed.) EC 1084. A communication from the Coun- Whereas, throughout his life, he practiced cil of the District of Columbia, transmitting, law and remained active in public affairs, f pursuant to law, copies of D.C. Act 11–526 speaking out on both local and national adopted by the Council on December 3, 1996; issues; and INTRODUCTION OF BILLS AND to the Committee on Governmental Affairs. Whereas, he shattered ideological stereo- JOINT RESOLUTIONS EC 1085. A communication from the Coun- types, favoring ‘‘liberalism that works,’’ as The following bills and joint resolu- cil of the District of Columbia, transmitting, symbolized by the federally financed urban tions were introduced, read the first park that drew high-tech companies to the pursuant to law, copies of D.C. Act 11–512 and second time by unanimous con- adopted by the Council on December 3, 1996; empty mills along the Merrimack River in to the Committee on Governmental Affairs. his native city; and sent, and referred as indicated: EC–1086. A communication from the Execu- Whereas, he won the 1992 New Hampshire By Mr. DORGAN (for himself, Mr. tive Director of the District of Columbia Fi- primary and, although they frequently dis- ASHCROFT, Mr. NICKLES, Mr. FORD, nancial Responsibility and Management As- agreed early in 1992, President Clinton even- Mr. ABRAHAM, Mr. ALLARD, Mr. sistance Authority, transmitting, pursuant tually agreed with the former senator on BIDEN, Mr. BOND, Mr. BREAUX, Mr. to law, a report entitled ‘‘The Necessity and many issues and adopted much of the Tson- BROWNBACK, Mr. BURNS, Mr. COATS, Costs of District of Columbia Services’’; to gas platform a year later in his State of the Mr. CRAIG, Mr. DEWINE, Mr. ENZI, Mr. the Committee on Governmental Affairs. Union address; and FAIRCLOTH, Mr. GRASSLEY, Mr. EC–1087. A communication from the Chair Whereas, in 1992, he joined former United GREGG, Mr. HELMS, Mr. HUTCHINSON, of the Foreign Claims Settlement Commis- States Senator Warren Rudman as a found- Mr. INHOFE, Mr. LIEBERMAN, Mr.

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LOTT, Mr. MACK, Mr. MCCONNELL, Mr. By Mr. BROWNBACK (for himself and COATS, Mr. CRAIG, Mr. DEWINE, Mr. ENZI, Mr. MURKOWSKI, Mr. SESSIONS, Mr. SMITH Mr. ROBERTS): FAIRCLOTH, Mr. GRASSLEY, Mr. GREGG, Mr. of Oregon, Mr. SMITH of New Hamp- S. 313. A bill to repeal a provision of the HELMS, Mr. HUTCHINSON, Mr. INHOFE, Mr. shire, and Mr. THURMOND): International Air Transportation Competi- LIEBERMAN, Mr. LOTT, Mr. MACK, Mr. MCCON- S. 304. A bill to clarify Federal law with re- tion Act of 1979 relating to air transpor- NELL, Mr. MURKOWSKI, Mr. SESSIONS, Mr. spect to assisted suicide, and for other pur- tation from Love Field, TX; to the Com- SMITH of Oregon, Mr. SMITH of New Hamp- poses; to the Committee on Finance. mittee on Commerce, Science, and Transpor- shire, and Mr. THURMOND): By Mr. D’AMATO (for himself, Ms. tation. S. 304. A bill to clarify Federal law MOSELEY-BRAUN, Mr. CHAFEE, Mr. By Mr. THOMAS (for himself, Mr. with respect to assisted suicide, and for ROBB, Mr. REID, Mr. LIEBERMAN, Mr. HAGEL, Mr. KYL, Mr. ENZI, Mr. other purposes; to the Committee on SMITH of New Hampshire, Mr. DODD, BROWNBACK, and Mr. CRAIG): Finance. Mr. BIDEN, Mr. CRAIG, Mr. ALLARD, S. 314. A bill to require that the Federal THE ASSISTED SUICIDE FUNDING RESTRICTION Mr. MACK, Mr. GRASSLEY, Mr. Government procure from the private sector ACT KERREY, Mr. BOND, Mr. BURNS, Mr. the goods and services necessary for the op- Mr. DORGAN. Mr. President, I rise HAGEL, Mr. LAUTENBERG, Mr. erations and management of certain Govern- TORRICELLI, Mr. BRYAN, Mr. DOMEN- ment agencies, and for other purposes; to the today to introduce legislation, along ICI, Mr. SPECTER, Mr. REED, Mr. Committee on Governmental Affairs. with Senator ASHCROFT and 28 of our JOHNSON, Mr. BENNETT, Mr. KOHL, By Mr. HARKIN: colleagues from both sides of the aisle, Mr. HATCH, Mr. ENZI, Mr. SANTORUM, S. 315. A bill to amend the Internal Rev- that will prohibit Federal funds from Mr. MOYNIHAN, Mrs. MURRAY, Mr. enue Code of 1986 to reduce tax benefits for being used to pay for the costs associ- CLELAND, Ms. LANDRIEU, Mr. KERRY, foreign corporations, and for other purposes; ated with assisted suicide. Mrs. HUTCHISON, Mr. FAIRCLOTH, Mr. to the Committee on Finance. I want to say right off that the Dor- LOTT, Mr. GORTON, Mrs. FEINSTEIN, By Mr. LEVIN: gan-Ashcroft bill does not attempt to Mr. SESSIONS Mr. COVERDELL, Mr. S. 316. A bill to direct the Administrator of address the broad and complex issue of BROWNBACK, Mr. GRAMS, Mr. LUGAR, the Environmental Protection Agency to whether there is a constitutional right Ms. MIKULSKI, Mr. MURKOWSKI, Mr. provide for a review of a decision concerning to die. That job belongs to the Supreme ROBERTS, Mr. SHELBY, and Mr. a construction grant for the Ypsilanti Waste- THOMAS): water Treatment Plant in Washtenaw Coun- Court, and as you all know, the High S. 305. A bill to authorize the President to ty, MI; to the Committee on Environment Court is expected to issue a decision award a gold medal on behalf of the Congress and Public Works. later this year to answer this funda- to Francis Albert ‘‘Frank’’ Sinatra in rec- By Mr. CRAIG (for himself, Mr. BRYAN, mental question. ognition of his outstanding and enduring Mr. COCHRAN, and Mr. BENNETT): It is the job of Congress, however, to contributions through his entertainment ca- S. 317. A bill to reauthorize and amend the determine how our Federal resources reer and humanitarian activities, and for National Geologic Mapping Act of 1992; to will be allocated. I do not believe Con- other purposes; to the Committee on Bank- the Committee on Energy and Natural Re- ing, Housing, and Urban Affairs. gress ever intended for Federal funding sources. to be used for assisted suicide, and my By Mr. FORD: By Mr. D’AMATO: S. 306. A bill to amend the Internal Rev- bill will ensure that such funding does S. 318. A bill to amend the Truth in Lend- enue Code of 1986 to provide a decrease in the not occur. maximum rate of tax on capital gains which ing Act to require automatic cancellation and notice of cancellation rights with re- I understand that the decisions that is based on the length of time the taxpayer confront individuals and their families held the capital asset; to the Committee on spect to private mortgage insurance which is Finance. required by a creditor as a condition for en- when a terminal illness strikes are By Mr. LUGAR (for himself, Mr. HAR- tering into a residential mortgage transi- among the most difficult a family will KIN, Mr. MCCONNELL, AND Mr. LEAHY): tion, and for other purposes; to the Com- ever have to make. At times like this, S. 307. A bill to amend the Federal Prop- mittee on Banking, Housing, and Urban Af- each of us must rely on our own reli- erty and Administrative Services Act of 1949 fairs. gious beliefs and conscience to guide to authorize the transfer to States of surplus By Ms. MOSELEY-BRAUN: us. personal property for donation to nonprofit S. 319. A bill to designate the national But regardless of one’s personal cemetery established at the former site of providers of assistance to impoverished fami- views about assisted suicide, I feel lies and individuals, and for other purposes; the Joliet Arsenal, IL, as the ‘‘Abraham Lin- to the Committee on Governmental Affairs. coln National Cemetery.’’; to the Committee strongly that Federal tax dollars By Mr. THOMAS (for himself and Mr. on Veterans Affairs. should not be used for this controver- ENZI): By Mr. ASHCROFT (for himself, Mr. sial practice, and the vast majority of S. 308. A bill to require the Secretary of THOMPSON, Mr. ABRAHAM, Mr. ALLARD, Mr. Americans agree with me. In fact, the Interior to conduct a study concerning BOND, Mr. BROWNBACK, Mr. BURNS, Mr. CAMP- when asked in a poll in November of grazing use of certain land within and adja- BELL, Ms. COLLINS, Mr. COVERDALL, Mr. last year whether tax dollars should be cent to Grand Teton National Park, WY, and CRAIG, Mr. FAIRCLOTH, Mr. FRIST, Mr. spent for assisting suicide, 87 percent to extend temporarily certain grazing privi- GRAMM, Mr. HUTCHINSON, Mrs. HUTCHISON, of Americans feel tax money should leges; to the Committee on Energy and Nat- Mr. INOUYE, Mr. MACK, Mr. MURKOWSKI, Mr. ural Resources. SESSIONS, Mr. SMITH of New Hampshire, Mr. not be spent for this purpose. By Mr. AKAKA: SMITH of Oregon, and Mr. THOMAS): The Assisted Suicide Funding Re- S. 309. A bill to amend title 38, United S.J. Res. 16. A joint resolution proposing a striction Act prevents any Federal States Code, to prohibit the establishment or constitutional amendment to limit congres- funding from being used for any item collection of parking fees by the Secretary of sional terms; to the Committee on the Judi- or service which is intended to cause, Veterans Affairs at any parking facility con- ciary. or assist in causing, the suicide, eutha- nected with a Department of Veterans Af- nasia, or mercy killing of any indi- fairs medical facility operated under a f health-care resources sharing agreement vidual. with the Department of Defense; to the Com- SUBMISSION OF CONCURRENT AND This bill does make some important mittee on Veterans Affairs. SENATE RESOLUTIONS exceptions. First, this bill explicitly By Mr. GRAHAM (for himself and Mr. The following concurrent resolutions provides that it does not limit the MACK): and Senate resolutions were read, and withholding or withdrawal of medical S. 310. A bill to temporarily waive the en- referred (or acted upon), as indicated: treatment or of nutrition or hydration rollment composition rule under the med- from terminally ill patients who have By Mr. WARNER: icaid program for certain health mainte- decided that they do not want their nance organizations; to the Committee on S. Res. 54. An original resolution author- Finance. izing biennial expenditures by committees of lives sustained by medical technology. By Mr. GRAHAM: the Senate; from the Committee on Rules Most people and States recognize that S. 311. A bill to amend title XVIII of the and Administration; placed on the calendar. there are ethical, moral, and legal dis- Social Security Act to improve preventive f tinctions between actively taking steps benefits under the medicare program; to the to end a patient’s life and withholding Committee on Finance. STATEMENTS ON INTRODUCED or withdrawing treatment in order to By Mr. FORD: BILLS AND JOINT RESOLUTIONS allow a patient to die naturally. Every S. 312. A bill to revise the boundary of the Abraham Lincoln Birthplace National His- By Mr. DORGAN (for himself, Mr. State now has a law in place governing toric Site in Larue County, KY, and for other ASHCROFT, Mr. NICKLES, Mr. FORD, Mr. ABRA- a patient’s right to lay out in advance, purposes; to the Committee on Energy and HAM, Mr. ALLARD, Mr. BIDEN, Mr. BOND, Mr. through an advanced directive, living Natural Resources. BREAUX, Mr. BROWNBACK, Mr. BURNS, Mr. will, or some other means, his or her

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1301 wishes related to medical care at the issue. I do not think it was Congress’ SEC. 4. PROHIBITION OF FEDERAL FINANCIAL end of life. Again, this legislation intention for Medicaid or other Federal PARTICIPATION UNDER MEDICAID FOR ASSISTED SUICIDE OR RELATED would not interfere with the ability of dollars to be used to assist in suicide, SERVICES. patients and their families to make and I hope we will take action soon to (a) IN GENERAL.—Section 1903(i) of the So- clear and carry out their wishes re- stop this practice before it starts. cial Security Act (42 U.S.C. 1396b(i)) is garding the withholding or withdrawal It is important to point out that the amended— of medical care that is prolonging the Supreme Court decisions will not re- (1) by striking ‘‘or’’ at the end of paragraph patient’s life. solve the important issue of funding for (14); This bill also makes clear that it (2) by striking the period at the end of assisted suicides. Even if the Supreme paragraph (15) and inserting ‘‘; or’’; and does not prevent Federal funding for Court finds that there is not a con- (3) by inserting after paragraph (15) the fol- any care or service that is intended to stitutional right to assisted suicide, lowing: alleviate a patient’s pain or discom- the ruling likely will not negate Or- ‘‘(16) with respect to any amount expended fort, even if the use of this pain control egon’s statute permitting assisted sui- for any item or service furnished for the pur- ultimately hastens the patient’s death. cide. As a result, the Ninth Circuit pose of causing, or the purpose of assisting in Large doses of medication are often Court could well uphold the Oregon causing, the death of any individual, such as needed to effectively reduce a termi- statute and Oregon could, in turn, bill by assisted suicide, euthanasia, or mercy killing.’’. nally ill patient’s pain, and this medi- Medicaid for the costs associated with (b) TREATMENT OF ADVANCE DIRECTIVES.— cation may increase the patient’s risk assisted suicide. If Congress does not Section 1902(w) of the Social Security Act (42 of death. I think we all would agree act to disallow Federal funding, a few U.S.C. 1396a(w)) is amended by adding at the that the utmost effort should be made States, or a few judges, may very well end the following: to ensure that terminally ill patients take this decision out of our hands. ‘‘(5) Nothing in this subsection shall be do not spend their final days in pain The National Conference of Catholic construed to create any requirement with re- and suffering. Bishops and the National Right to Life spect to a portion of an advance directive Finally, while I think Federal dollars Committee have endorsed this legisla- that directs the purposeful causing, or the purposeful assisting in causing, of the death ought not be used to assist a suicide, tion. The American Medical Associa- this bill does not prohibit a State from of any individual, such as by assisted suicide, tion and the American Nurses Associa- euthanasia, or mercy killing. using its own dollars for this purpose. tion have issued position statements ‘‘(6) Nothing in this subsection shall be However, I do not think taxpayers from opposing assisted suicide, and Presi- construed to require any provider or organi- other States, who have determined dent Clinton has also indicated his op- zation, or any employee of such a provider or that physician-assisted suicide should position to assisted suicide. organization, to inform or counsel any indi- be illegal, should be forced to pay for I hope you agree with me and the vidual regarding any right to obtain an item or service furnished for the purpose of caus- this practice through the use of Fed- vast majority of Americans who oppose eral tax dollars. ing, or the purpose of assisting in causing, using scarce Federal dollars to pay for the death of the individual, such as by as- I realize that the legality of assisted assisted suicide. I invite you to join suicide has historically been a State sisted suicide, euthanasia, or mercy kill- me, Senator ASHCROFT and 28 of our ing.’’. issue. There are 35 States, including colleagues in this effort by cospon- SEC. 5. RESTRICTING TREATMENT UNDER MEDI- my State of North Dakota, which have soring the Assisted Suicide Funding CARE OF ASSISTED SUICIDE OR RE- laws prohibiting assisted suicide and at Restriction Act. LATED SERVICES. least 8 other States consider this prac- Mr. President, I ask unanimous con- (a) PROHIBITION OF EXPENDITURES.—Section 1862(a) of the Social Security Act (42 U.S.C. tice to be illegal under common law. sent that the text of the bill be printed Only one State, Oregon, has a law le- 1395y(a)) is amended— in the RECORD. galizing assisted suicide. (1) by striking ‘‘or’’ at the end of paragraph There being no objection, the bill was However, two circumstances have (14); ordered to be printed in the RECORD, as (2) by striking the period at the end of changed that now make this an issue of follows: paragraph (15) and inserting ‘‘; or’’; and Federal concern. First, the Supreme (3) by inserting after paragraph (15) the fol- S. 304 Court’s decisions in Washington versus lowing: Glucksberg and Quill versus Vacco Be it enacted by the Senate and House of Rep- ‘‘(16) where such expenses are for any item could have enormous consequences on resentatives of the United States of America in or service furnished for the purpose of caus- our public policy regarding assisted Congress assembled, ing, or the purpose of assisting in causing, suicide. In these two cases, the Federal SECTION 1. SHORT TITLE. the death of any individual, such as by as- Ninth Second Circuit Courts of Appeal This Act may be cited as the ‘‘Assisted sisted suicide, euthanasia, or mercy kill- Suicide Funding Restriction Act of 1997’’. ing.’’. have struck down Washington and New (b) TREATMENT OF ADVANCE DIRECTIVES.— York State statutes outlawing assisted SEC. 2. GENERAL PROHIBITION ON USE OF FED- ERAL ASSISTANCE. Section 1866(f) of the Social Security Act (42 suicide. Although the circuit courts Notwithstanding any other provision of U.S.C. 1395cc(f)) is amended by adding at the varied in their legal reasoning, both law, no funds appropriated by the Congress end the following: recognized a constitutional right to shall be used to provide, procure, furnish, ‘‘(4) Nothing in this subsection shall be die. fund, or support, or to compel any indi- construed to create any requirement with re- Second, we are on the brink of a situ- vidual, institution, or government entity to spect to a portion of an advance directive ation where Federal Medicaid dollars provide, procure, furnish, fund, or support, that directs the purposeful causing, or the purposeful assisting in causing, of the death may soon be used to reimburse physi- any item, good, benefit, program, or service, the purpose of which is to cause, or to assist of any individual, such as by assisted suicide, cians who help their patients die. In euthanasia, or mercy killing. another case, Lee versus Oregon, a Fed- in causing, the suicide, euthanasia, or mercy killing of any individual. ‘‘(5) Nothing in this subsection shall be eral district court judge has ruled that construed to require any provider of services Oregon’s 1994 law allowing assisted sui- SEC. 3. RULE OF CONSTRUCTION. or prepaid or eligible organization, or any cide is unconstitutional and he has Nothing in this Act, or in an amendment employee of such a provider or organization, made by this Act, shall be construed to cre- to inform or counsel any individual regard- blocked its implementation. However, ate any limitation relating to— his decision has been appealed to the ing any right to obtain an item or service, (1) the withholding or withdrawing of med- furnished for the purpose of causing, or the Ninth Circuit Court of Appeals, which ical treatment or medical care; purpose of assisting in causing, the death of has already recognized a constitutional (2) the withholding or withdrawing of nu- the individual, such as by assisted suicide, right to die. trition or hydration; euthanasia, or mercy killing.’’. (3) abortion; or Once the legal challenges to Oregon’s SEC. 6. PROHIBITION AGAINST USE OF BLOCK law have been resolved, the State’s (4) the use of an item, good, benefit, or GRANTS TO STATES FOR SOCIAL Medicaid director has already stated service furnished for the purpose of alle- SERVICES TO PROVIDE ITEMS OR that Oregon will begin using its Fed- viating pain or discomfort, even if such use SERVICES FOR THE PURPOSE OF IN- may increase the risk of death, so long as TENTIONALLY CAUSING DEATH. eral Medicaid dollars to reimburse phy- such item, good, benefit, or service is not Section 2005(a) of the Social Security Act sicians for their costs associated with also furnished for the purpose of causing, or (42 U.S.C. 1397d(a)) is amended— assisting in suicide. Should this occur, the purpose of assisting in causing, death, (1) by striking ‘‘or’’ at the end of paragraph Congress will not have considered this for any reason. (8);

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1302 CONGRESSIONAL RECORD — SENATE February 12, 1997 (2) by striking the period at the end of (2) by striking ‘‘Subject to such’’ and in- evident, that all men are created equal, paragraph (9) and inserting ‘‘; or’’; and serting the following: that they are endowed by their Creator (3) by adding at the end the following: ‘‘(2) Subject to such’’; and with certain unalienable Rights, that (3) by adding at the end of paragraph (1) (as ‘‘(10) for the provision of any item or serv- among these are Life, Liberty and the ice furnished for the purpose of causing, or so designated by paragraph (1)), the fol- the purpose of assisting in causing, the death lowing: pursuit of Happiness.’’ It is Congress’ of any individual, such as by assisted suicide, ‘‘(B) Health care provided under this sub- responsibility to defend the foremost of euthanasia, or mercy killing.’’. section to volunteers during their service to our inalienable rights—that of life. SEC. 7. INDIAN HEALTH CARE. the Peace Corps shall not include any item In this spirit and understanding, I Section 201(b) of the Indian Health Care or service furnished for the purpose of caus- rise today to introduce with Senators ing, or the purpose of assisting in causing, Improvement Act (25 U.S.C. 1621(b)) is DORGAN, NICKLES, FORD, and others, amended by adding at the end the following: the death of any individual, such as by as- sisted suicide, euthanasia, or mercy kill- the Assisted Suicide Funding Restric- ‘‘(3) Funds appropriated under the author- tion Act of 1997, a modest and a timely ity of this section may not be used for the ing.’’. provision of any item or service (including SEC. 11. MEDICAL SERVICES FOR FEDERAL PRIS- response to the threat that taxes paid treatment or care) furnished for the purpose ONERS. by American citizens would be used to Section 4005(a) of title 18, United States of causing, or the purpose of assisting in finance assisted suicide. What this bill Code, is amended— causing, the death of any individual, such as simply says is that Federal tax dollars (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and by assisted suicide, euthanasia, or mercy shall not be used to pay for and pro- (2) by adding at the end the following: killing.’’. ‘‘(2) Services provided under this sub- mote assisted suicide or euthanasia. SEC. 8. MILITARY HEALTH CARE SYSTEM. section shall not include any item or service We introduced such a bill in the 104th (a) MEMBERS AND FORMER MEMBERS.—Sec- furnished for the purpose of causing, or the Congress, and have wide bipartisan tion 1074 of title 10, United States Code, is purpose of assisting in causing, the death of support for this legislation, with 30 amended by adding at the end the following: any individual, such as by assisted suicide, ‘‘(d) Under joint regulations prescribed by Members of the U.S. Senate as original euthanasia, or mercy killing.’’. cosponsors on the bill. the administering Secretaries, a person may SEC. 12. PROHIBITING USE OF ANNUAL FEDERAL not furnish any item or service under this PAYMENT TO DISTRICT OF COLUM- This bill is urgently needed to pre- chapter (including any form of medical care) BIA FOR ASSISTED SUICIDE OR RE- serve the intent of our Founding Fa- for the purpose of causing, or the purpose of LATED SERVICES. thers and the integrity of Federal pro- assisting in causing, the death of any indi- (a) IN GENERAL.—Title V of the District of grams that serve the elderly and the vidual, such as by assisted suicide, eutha- Columbia Self-Government and Govern- seriously ill, programs which were in- nasia, or mercy killing.’’. mental Reorganization Act is amended by tended to support and enhance human (b) PROHIBITED HEALTH CARE FOR DEPEND- adding at the end the following: health and life, not to promote the de- ENTS.—Section 1077(b) of title 10, United ‘‘BAN ON USE OF FUNDS FOR ASSISTED SUICIDE States Code, is amended by adding at the end AND RELATED SERVICES struction of human life. the following: ‘‘SEC. 504. None of the funds appropriated Government’s role in our culture ‘‘(4) Items or services (including any form to the District of Columbia pursuant to an should be to call us to our highest and of medical care) furnished for the purpose of authorization of appropriations under this best, to expand our capacity to take causing, or the purpose of assisting in caus- title may be used to furnish any item or advantage of the opportunities of life, ing, the death of any individual, such as by service for the purpose of causing, or the and to build our capacity for achieve- assisted suicide, euthanasia, or mercy kill- purpose of assisting in causing, the death of ing.’’. ment. I do not believe that Govern- any individual, such as by assisted suicide, ment has a place in hastening Ameri- (c) PROHIBITED HEALTH CARE UNDER euthanasia, or mercy killing.’’. CHAMPUS.— (b) CLERICAL AMENDMENT.—The table of cans to their graves. (1) SPOUSES AND CHILDREN OF MEMBERS.— sections of the District of Columbia Self- Our court system is, however, on the Section 1079(a) of title 10, United States Government and Governmental Reorganiza- brink of allowing Federal-taxpayer-as- Code, is amended by adding at the end the tion Act is amended by adding at the end of sisted suicide funding. This bill is in- following: the items relating to title V the following: tended to preempt and to prevent ‘‘(18) No contract for the provision of ‘‘Sec. 504. Ban on use of funds for assisted proactively such a morally contempt- health-related services entered into by the suicide and related services.’’. Secretary may include coverage for any item ible practice as taking tax money from or service (including any form of medical (c) EFFECTIVE DATE.—The amendments one American and using it to assist in care) furnished for the purpose of causing, or made by this section shall apply to payments the suicide of another American. to the District of Columbia for fiscal years the purpose of assisting in causing, the death Let me be clear that this bill only af- of any individual, such as by assisted suicide, beginning with fiscal year 1998. Mr. ASHCROFT. Mr. President, I am fects Federal funding for actions whose euthanasia, or mercy killing.’’. direct purpose is to cause or to assist (2) OTHER COVERED BENEFICIARIES.—Section grateful for this opportunity to speak 1086(a) of title 10, United States Code, is to my colleagues and to the American in causing suicide—actions that are amended— public about an item which is impor- clearly condemned as unethical by the (A) by inserting ‘‘(1)’’ after ‘‘(a)’’ the first tant and which demands our attention. American Medical Association and ille- place it appears; and It is an item of urgency. And because it gal in the vast majority of States. (B) by adding at the end the following: Again, this bill simply prohibits any ‘‘(2) No contract for the provision of is, I think it is important that we de- velop a sense of cooperation and that Federal funding for medical actions health-related services entered into by the that assist suicide. Secretary may include coverage for any item we act expeditiously. or service (including any form of medical A lot of comment is being heard Some might ask why we need such a care) furnished for the purpose of causing, or these days about bipartisanship, the law. It is because two Federal courts of the purpose of assisting in causing, the death need to cooperate and to be partners appeals recently contradicted the posi- of any individual, such as by assisted suicide, and participants rather than being op- tions of 49 States when they found that euthanasia, or mercy killing.’’. ponents and partisans. The measure there is a Federal constitutional SEC. 9. FEDERAL EMPLOYEES HEALTH BENEFIT about which I will speak today is one ‘‘right’’ to physician-assisted suicide. PLANS. that has broad bipartisan support, and These cases involved New York and Section 8902 of title 5, United States Code, Washington State laws which prohibit is amended by adding at the end the fol- I think is something upon which co- lowing: operation is not only taking place, but physician-assisted suicide. ‘‘(o) A contract may not be made or a plan one which will provide the basis for the The State of Oregon recently passed approved which includes coverage for any ultimate passage of the legislation. Measure No. 16. That was the first law benefit, item or service that is furnished for Members on both sides of the aisle in the country that authorized the dis- the purpose of causing, or the purpose of as- agree that Federal health programs pensing of lethal drugs to terminally sisting in causing, the death of any indi- such as Medicare and Medicaid should ill patients to assist in suicide. Al- vidual, such as by assisted suicide, eutha- though a Federal court in Oregon nasia, or mercy killing.’’. provide a means to care for and to pro- tect our citizens—not become vehicles struck down that law, the case has SEC. 10. HEALTH CARE PROVIDED FOR PEACE CORPS VOLUNTEERS. for the destruction or impairment of been to the ninth circuit, one of the ap- Section 5(e) of the Peace Corps Act (22 our citizens. peals courts that has already signaled U.S.C. 2504(e)) is amended— The Declaration of Independence a strong indication that there is a con- (1) by inserting ‘‘(1)(A)’’ after ‘‘(e)’’; reads: ‘‘We hold these truths to be self- stitutional right to assisted suicide.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1303 Oregon’s Medicaid director and the Federal funds could be used to promote quate treatment for pain or depression, the chairman of the Oregon Health Serv- or assist suicide. proper response is an increased effort to edu- ices Commission have both said that in Let me just say a few words about cate both physicians and their patients as to the way the legislation is crafted. It is available palliative measures and multidisci- the event that the ninth circuit would plinary interventions. The AMA is currently clear the way for Oregon’s law to take very limited. It is very modest, and I designing just such a far-reaching, com- effect, the federally funded Medicaid think that provides the basis for its bi- prehensive effort in conjunction with the Program in Oregon would begin to pay partisan support. Robert Wood Johnson Foundation. for assisted suicide with public funds in It does not forbid a State to legalize The AMA is particularly pleased to note that State. According to the Oregon assisted suicide, and it does not forbid that your bill acknowledges—in its ‘‘Rules of authorities, the procedure would be using State funds for the practice. It Construction’’ section—the appropriate role merely prevents Federal funds and Fed- for physicians and other caregivers in end-of- listed on Medicaid reimbursement life patient care. The Rules properly distin- forms under the grotesque euphemism eral programs from being drawn into guish the passive intervention of with- of ‘‘comfort care.’’ promoting it. holding or withdrawing medical treatment Unless we pass the Assisted Suicide The bill also does not attempt to re- or care (including nutrition and hydration) Funding Restriction Act, Oregon could solve the constitutional issue that the from the active role of providing the direct soon be drawing down Federal funds Supreme Court considered last month means to kill someone. Most important to through its Medicaid Program to help when it heard the cases of Washington the educational challenge cited above is the pay for assisted suicides. Neither Med- versus Glucksberg and Vacco versus Rule of Construction which recognizes the Quill. These are right-to-suicide cases, medical principle of ‘‘secondary effect,’’ that icaid, nor Medicare, nor any other Fed- is, the provision of adequate palliative treat- eral health program has explicit statu- and the bill does not attempt to answer ment, even though the palliative agent may tory language to prohibit the use of this complex question. Nor would this also foreseeably hasten death. This provision Federal funds to dispense lethal drugs legislation be affected by what the Su- assures patients and physicians alike that for suicide primarily because no one in preme Court decides on the issue. Con- legislation opposing assisted suicide will not the history of these programs ever gress would still have the right to pre- chill appropriate palliative and end-of-life thought that they would be used to end vent Federal funding of such a practice care. Such a chilling effect would, in fact, have the perverse result of increasing pa- the lives of individuals. We have al- even if the practice itself had the sta- tus of a constitutional ‘‘right.’’ tients’ perceived desire for a ‘‘quick way ways focused in these programs on out.’’ seeking to extend rather than end the As the bill’s rule of construction The AMA continues to stand by its ethical lives of Americans. clearly provides, this legislation does principle that physician-assisted suicide is In fact, the Clinton administration’s not affect any other life issue that fundamentally incompatible with the physi- brief filed in the Supreme Court of the some might have strong feelings about. cian’s role as healer, and that physicians United States opposing physician-as- The bill does not affect abortion, or must, instead, aggressively respond to the sisted suicide pointed out that: complex issues such as the withholding needs of patients at the end of life. We are or withdrawal of life-sustaining treat- pleased to support this carefully crafted leg- The Department of Veterans Affairs, which islative effort, and offer our continuing as- operates 173 medical centers, 126 nursing ment, even of nutrition or hydration. sistance in educating patients, physicians homes, and 55 inpatient hospices, has a pol- Nor does it affect the dispersing of and elected officials alike as to the alter- icy manual that . . . forbids ‘‘the active has- large doses of morphine or other drugs natives available at the end of life. tening of the moment of death.’’ to ease the pain of terminal illness, Sincerely, ‘‘The active hastening of the moment even when this may carry the risk of P. JOHN SEWARD, MD. of death’’ sounds a lot like assisted sui- hastening death as a side-effect—a Mr. ASHCROFT. President Jefferson cide to me. practice that is legally accepted in all wrote in words that are now inscribed Such guidelines also apply to the 50 States, and ethically accepted by the in the Jefferson Memorial here in VA’s hospice program, the military medical profession and even by pro-life Washington that the ‘‘care and protec- services, the Indian Health Service, and religious organizations. This bill is tion of human life, and not its destruc- and the National Institutes of Health. focused exclusively on prohibiting Fed- tion,’’ are the only legitimate objec- Nonetheless, if the ninth circuit rein- eral funding for assisting suicide. tives of good government. Thomas Jef- states Oregon’s Measure 16, Federal Finally, I am pleased to mention ferson believed that our rights are God funds will be used for the so-called those organizations that have joined given and that life is an inalienable comfort care, also known as assisted with us in endorsing this legislation. right. With this understanding and be- suicide. These include the American Medical lief, I urge the Congress and the Presi- I believe we would be derelict in our Association, the Christian Coalition, dent to support this bill. It is a modest duty if we were to ignore this problem the Family Research Council, Free but necessary effort to uphold our and allow a few officials in one State to Congress, the National Conference of basic principles by forbidding the Fed- decide that the taxpayers of the other Catholic Bishops, National Right to eral funding of assisted suicide. 49 States must help subsidize a practice Life, and the Traditional Values Coali- Mr. President, I thank my colleague that they have never authorized and tion. I ask unanimous consent to have from North Dakota for his excellent that millions of Americans find to be printed in the RECORD a letter of sup- work, his cooperation in this respect, morally abhorrent. port from the American Medical Asso- and his emphasis on what this bill does It is crystal clear that the American ciation. and what it does not do. There is a nar- people do not want their tax dollars There being no objection, the letter row focus in this measure. We do not spent on assisting the suicide of indi- was ordered to be printed in the seek to preempt the ability of States to viduals. Recently, a national Wirthlin RECORD, as follows: make decisions regarding their own poll showed that 87 percent of Ameri- AMERICAN MEDICAL ASSOCIATION, laws, or individuals to make their own cans oppose the use of public funds for Chicago, IL, February 12, 1997. decisions. We are merely making ref- this purpose. Even the voters of Or- Hon. JOHN ASHCROFT, erence to the fact that the Federal egon, who narrowly approved Measure Washington, DC. DEAR SENATOR ASHCROFT: The American Government should not be financing 16 by a 51- to 49-percent margin, did not Medical Association (AMA) is pleased to sup- assisted suicides. consider the question of public funding. port the ‘‘Assisted Suicide Funding Restric- I thank him for his outstanding work The voters of two other west coast tion Act of 1997’’ which you are introducing and for his excellent effort in devel- States, California and Washington, in collaboration with Senator Dorgan. We oping this legislation, to narrowly soundly defeated similar measures to believe that the prohibition of federal fund- focus it and target it in such a way authorize assisted suicide. Since No- ing for any act that supports ‘‘assisted sui- that makes it possible for us to work vember 1994, when Oregon passed its cide’’ sends a strong message from our elect- together. I commend him. law, 15 other States have considered ed officials that such acts are not to be en- Mr. ABRAHAM. Mr. President, I rise couraged or condoned. The power to assist in and rejected bills to legalize the prac- intentionally taking the life of a patient is to express my strong support for the tice. However, this bill does not talk antithetical to the central mission of heal- Assisted Suicide Funding Restriction about authorizing or prohibiting as- ing that guides physicians. While some pa- Act. In so doing I side with the 87 per- sisted suicide. It merely states that no tients today regrettably do not receive ade- cent of Americans who oppose the use

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1304 CONGRESSIONAL RECORD — SENATE February 12, 1997 of tax dollars to pay for the cost of as- This bill would ensure that no Federal As public servants, we deal with sisting suicide or euthanasia. tax dollars are used to pay for or pro- issues that affect the lives of people I find it deeply distressing, Mr. Presi- mote assisted suicide or euthanasia. In every day. Caring for people is the un- dent, that we are in the throes of a addition, it identifies those Federal derlying aspect of almost every piece legal and public policy debate over programs which may not be sued to of legislation dealt with in the Senate, whether physicians should be given the pay for assisted suicide. These pro- and nearly every issue we confront as a power to end the lives of their patients. grams include Medicare, Medicaid, country. This controversy raises many trouble- Federal Employees Health Benefits But while we work to build up Amer- some questions concerning the duties plans, medical services for Federal ica, something is at work in the coun- of a physician, the nature of the doc- prisoners, and the military health care try, eating away at fundamentals we tor-patient relationship, the possibility system. used to take for granted: in this case, of coerced suicide, and the very sanc- This bill also makes clear that Fed- the sanctity of life. It is no secret that tity of life. eral law will not require health care fa- I place a high value on life at its con- Some may find these questions dif- cilities, in States where assisted sui- ception. But a disturbing trend has de- ficult or even impossible to answer. cide has been legalized, to advise pa- veloped over the past few years, a de- But of one thing I am certain: the gov- tients at the time of admission about valuation of life as it nears its end. ernment has no right to use public their ‘‘right’’ to get lethal drugs for Two years ago, I offered legislation moneys, the tax dollars paid by the suicide. banning the use of Medicaid and Medi- American people, to support physician This legislation is needed due to re- care funds for assisted suicide in the assisted suicide. Whatever their views cent Federal court rulings which have 1995 balanced budget act. Unfortu- on the rectitude of allowing doctors to declared a constitutional right to as- nately the President vetoed this legis- assist their patients in ending their sisted suicide. The U.S. Supreme Court lation. lives, I hope my colleagues will join heard oral arguments in two cases on Today, I am proud to be a cosponsor with me in saying that such a con- January 8 of this year to determine the of the legislation offered by Senators troversial practice, which so many constitutionality of those rulings. In ASHCROFT and DORGAN, which prohibits Americans find morally troubling, addition, some States, such as Oregon, any Federal funds from being used for assisted suicide, euthanasia or mercy should not be the object of Federal lar- have legalized assisted suicide by ref- killing. This means that hospitals, gesse. erendum. These States may be tempted medical institutions, or health care I congratulate my friends the Sen- to consider using Federal funds and fa- providers are not required to partici- ator from North Dakota and the Sen- cilities to pay for these procedures. For pate in procedures they morally or ator from Missouri on their courage this reason, we must send a clear mes- ethically oppose. and conviction in submitting this bill, sage. The American people do not want The large majority of people oppose and urge my colleagues to join them in their tax dollars used to pay for as- assisted suicide. In a Wirthlin poll its support. sisted suicides. In fact, a majority of taken November 5, 1996, 87 percent of Mr. BURNS. Mr. President, as an Americans are strongly opposed to the the people asked said tax dollars original cosponsor of the Assisted Sui- very notion of assisted suicide. Count- should not be spent to pay for the cost cide Funding Restriction Act of 1997, I ed among those in opposition are the of assisting suicide or euthanasia. A re- rise in strong support of this bill. American Medical Association whose cent study by the Dana-Farber Cancer Mr. President, this bill simply pro- physician members would be asked to Institute in Boston, found that seri- hibits Federal tax funds from being play the role of moral arbitrator in the ously ill cancer patients in severe pain used to pay for or promote assisted sui- decision to end one’s life. are unlikely to ‘‘approve of, or desire’’ cide or euthanasia. Specifically, the The purpose of this bill and its guide- euthanasia or physician-assisted sui- bill will prevent Federal funding for lines are concise and clear. No limita- cide, instead they desire ‘‘only relief items or services ‘‘the purpose of which tions will be placed on the withholding from their pain’’. is to cause, or assist in causing, the or withdrawing of medical treatment. Even the medical profession is op- suicide, euthanasia, or mercy killing of In addition, it does not affect funding posed to assisted suicide. An amicus any individual.’’ The prohibition will for alleviating patient pain or discom- brief filed by the American Medical As- encompass Medicare, Medicaid, the fort. sociation to the Supreme Court on No- Federal Employees Health Program, An overwhelming majority of the vember 12, 1996, contends assisted sui- medical services for prisoners, and the American people believe their taxes cide ‘‘will create profound danger for military health care system. should not be used to pay for assisted many ill persons with undiagnosed de- This bill does not create any limita- suicide or euthanasia. A national pression and inadequately treat pain, tion with regard to the withholding or Wirthlin poll taken in November 1996 for whom assisted suicide rather than withdrawing of medical treatment or of found that 87 percent of Americans did good palliative care could become the nutrition or hydration, or affect fund- not believe their tax dollars should be norm. At greatest risk would be those ing for abortion or for alleviating pain used to pay for these procedures. with the least access to palliative or discomfort for patients. I ask my colleagues to join me in care—the poor, the elderly and mem- The American people oppose tax- supporting this bill which guarantees bers of minority groups.’’ The brief payer funding of assisted suicide by an every American that their tax dollars concludes, ‘‘Although, for some pa- overwhelming margin. In addition, the will not be used to pay for or promote tients it might appear compassionate American Medical Association has en- assisted suicide or euthanasia.∑ to hasten death, institutionalizing phy- dorsed this bill. Yet States are free to Mr. NICKLES. Mr. President, I rise sician-assisted suicide as a medical legalize assisted suicide, as Oregon has today, and begin with these words: ‘‘We treatment would put many more pa- by referendum, and this raises the hold these Truths to be self-evident, tients at serious risk for unwanted and prospect of Federal Medicaid dollars that all Men are created equal, that unnecessary death.’’ being used to facilitate suicide. The they are endowed by their Creator with Dr. Joanne Lynn, board member of Federal Government must not be in the certain unalienable Rights, that among the American Geriatrics Society and business of promoting death. Let’s lis- these are Life, Liberty, and the Pursuit director of the Center to Improve Care ten to the American people and settle of Happiness.’’ of the Dying at George Washington the question of publicly funding as- These profound words are possibly University said—Health Line, Jan. 8, sisted suicide once and for all. I urge the most known words from our Dec- 1997—‘‘No one needs to be alone or in my colleague to join us in supporting laration of Independence. They state a pain or beg a doctor to put an end to the Assisted Suicide Funding Restric- principle that is fundamental to who misery. Good care is possible.’’ tion Act of 1997. we are as a nation; life itself is a gift As Tracy Miller, former head of the ∑ Mr. HUTCHINSON. Mr. President, I from our Creator, and it is a right that New York Task Force on Life and Law am pleased to express my support of can not be taken away. We are a nation said, ‘‘It is far easier to assist patients the Assisted Suicide Funding Restric- whose core philosophy is to care for its in killing themselves than it is to care tion Act of which I am a cosponsor. people. for them at life’s end.’’

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1305 The bill before us today is a major gold medal will be available to the gen- us the gift of his great performances, step in continuing to provide the care eral public for their private collection. and we particularly love his rendition our elderly, poor, and seriously ill need It is estimated that not only will we of ‘‘New York, New York.’’ But look and deserve. The bill would assure that be doing great honor to Frank Sinatra, throughout the country, the great the programs designed to support but, in addition, it will result in a very Windy City of Chicago, and how fitting human life and health would not be substantial profit to the Treasury be- that the senior Senator from Illinois transformed into implements of death. cause many will buy these replicas, and has also joined in this tribute which is I commend the work of Senator indeed millions of dollars can and will long overdue. ASHCROFT and Senator DORGAN in writ- be raised by our Government. Mr. President, it cannot be denied ing this legislation, compliment them Mr. President, Frank Sinatra has be- that Frank Sinatra has had a remark- upon its introduction today, and pledge come one of the most, if not the most, able career. Not long after reaching to work with them to see it to passage recognizable vocalists in America and adolescence, he developed a keen love in the 105th Congress. Our country de- in the world. This talented man has of music and the desire to perform. In serves no less. singularly defined America’s love affair high school he was responsible for with popular music for over five gen- screening and scheduling dance bands By Mr. D’AMATO (for himself, erations and has remained to this day for Demarest High School’s Wednesday Ms. MOSELEY-BRAUN, Mr. a man of the people, a man who has night dances. In exchange for hiring CHAFEE, Mr. ROBB, Mr. REID, brought pleasure to countless persons. musicians, he was permitted to sing a Mr. LIEBERMAN, Mr. SMITH of The tremendous, positive impact few songs with the different bands. New Hampshire, Mr. DODD, Mr. Frank Sinatra has on people through- A dream was growing in the young BIDEN, Mr. CRAIG, Mr. ALLARD, out the world is truly phenomenal. His Frank Sinatra—his dream of becoming Mr. MACK, Mr. GRASSLEY, Mr. songs have become a standard for a successful entertainer. By the age of KERREY, Mr. BOND, Mr. BURNS, young and old alike. Indeed, this im- 21, Frank Sinatra was a professional Mr. HAGEL, Mr. LAUTENBERG, pact goes beyond song and it goes be- singer. His first group was the Three Mr. TORRICELLI, Mr. BRYAN, Mr. yond adversity. Frank Sinatra knew Flashes, a singing and dancing trio DOMENICI, Mr. SPECTER, Mr. adversity and he overcame it in his which later became the Hoboken Four. REED, Mr. JOHNSON, Mr. BEN- own career rising to great heights. He A few years later, Frank Sinatra’s in- NETT, Mr. KOHL, Mr. HATCH, Mr. overcame the trials and tribulations vestment in vocal lessons would prove ENZI, Mr. SANTORUM, Mr. MOY- during his life and became a great hu- to be invaluable as his singing career NIHAN, Mrs. MURRAY, Mr. manitarian. propelled him into stardom. CLELAND, Ms. LANDRIEU, Mr. Many people who adore Frank Si- In 1939, Frank Sinatra was hired by KERRY, Mrs. HUTCHISON, Mr. natra and his music are not aware of Harry James who had recently formed FAIRCLOTH, Mr. LOTT, Mr. GOR- that other side of the man—his gen- an orchestra of his own. The earliest TON, Mrs. FEINSTEIN, Mr. SES- erosity. Truly he could be called Mr. performance reviews were not favor- SIONS, Mr. COVERDELL, Mr. Anonymous because, Mr. President, un- able, but Frank Sinatra persevered. BROWNBACK, Mr. GRAMS, Mr. like many who trumpet their gen- Seven months later, he was hired away LUGAR, Ms. MIKULSKI, Mr. MUR- erosity, who trumpet their gift giving, to join Tommy Dorsey’s orchestra KOWSKI, Mr. ROBERTS, Mr. Mr. Sinatra did not do this. Indeed, he where he would formulate the essence SHELBY, and Mr. THOMAS): has raised literally hundreds of mil- of his signature singing style. S. 305. A bill to authorize the Presi- lions of dollars—not tens of millions— After a successful, 2-year tour with dent to award a gold medal on behalf of hundreds of millions of dollars for chil- Tommy Dorsey, Frank Sinatra made the Congress to Francis Albert dren, in particular, throughout the the move to go out on his own in 1942. ‘‘Frank’’ Sinatra in recognition of his world, for those who were in need of He recorded the first of numerous hit outstanding and enduring contribu- help, whether it be for cancer, for singles titled ‘‘Night and Day.’’ A year tions through his entertainment career AIDS, for retinitis pigmentosa—just later he made his motion picture debut and humanitarian activities, and for name the charity and you will see that and had appeared in several movies by other purposes; to the Committee on Francis Albert Sinatra most likely has 1950. But, as quickly as Frank Sinatra Banking, Housing, and Urban Affairs. been there, quietly giving of his time found himself ‘‘king of the hill, at the GOLD MEDAL LEGISLATION and his energy in caring for his fellow top of the heap,’’ he found the constant Mr. D’AMATO. Mr. President, I rise human being, giving back to the people demand on his time and talent contrib- this morning to introduce legislation of this country, throughout the length uting to a decline in his vocal quality. on behalf of 48 Senators. I know and and breadth, establishing scholarships By the end of 1952, he had lost his feel very strongly that when all of my for young people, going back to his agent and his film and recording con- colleagues are informed of the legisla- hometown and to his old high school to tracts. The ‘‘voice’’ was nearly lost as tion that it will be unanimous and that give of his time and his money. He well. Frank Sinatra was once elo- all will join to authorize a congres- took his wonderful gift of song and quently quoted saying: ‘‘You have to sional gold medal for Frank Sinatra. used it as a vehicle of benevolence. scrape bottom to appreciate life and The time has come for Congress to ac- Let me just touch on one of these as start living again.’’ knowledge this great American and his an example. Mr. Sinatra has raised $9 This personally and professionally contributions to the world of enter- million for just one institution, a great trying time ended in 1953 with Frank tainment and society as a whole. cancer center, Sloan-Kettering, by Sinatra’s award winning performance It is fitting that we honor this man holding five concerts. I do not know playing the role of Maggio in the pro- in the autumn of his years, as we have how many know that. He did not ask duction ‘‘From Here to Eternity.’’ The honored Bob Hope, John Wayne, Mar- his publicist to go out and speak to rebirth of his career was finally at ian Anderson and other great per- that. The money raised by Frank Si- hand. Frank Sinatra’s new stardom formers, not only for the fact of their natra began programs whereby those quickly surpassed that which he had entertainment and the wonderful gift who are in need of treatment and do realized in the 1940’s. that God bestowed upon them, but for not have the financial wherewithal will Beginning in the 1960’s, Frank Si- so many other aspects in terms of their not be turned away. This is because of natra’s flourishing acclaim as a pre- bond with America, its people, and the generosity of Frank Sinatra. eminent performer earned him the title their contributions. Indeed, New Jersey can be rightfully ‘‘Chairman of the Board.’’ He estab- Mr. President, this bill would author- proud of him, born in Hoboken in 1915 lished his own recording company, Re- ize the U.S. Mint to commemorate the to parents of modest means. I am prise, and began recording again, this humanitarian and professional accom- pleased that both of the Senators from time with more conviction than ever plishments of Frank Sinatra with a New Jersey have joined in cosponsoring before. Frank Sinatra orchestrated tel- gold medal to be presented by the this legislation. Those of us in New evision specials which featured little- President on behalf of the Congress. In York are so proud, and we also claim known musical talents, performed live addition, bronze replicas of the original him as a son of New York. He has given for huge, adoring audiences and began

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1306 CONGRESSIONAL RECORD — SENATE February 12, 1997 to evolve as a legend. By 1984, his sing- me, ‘‘Senator, I learned to speak (a), the Secretary of the Treasury (hereafter ing repertoire included well over 50 al- English. I didn’t know any English. in this Act referred to as the ‘‘Secretary’’) bums and record sales in the hundreds When my father came home, as a shall strike a gold medal with suitable em- of millions of dollars. youngster, I would play these records. blems, devices, and inscriptions, to be deter- mined by the Secretary. Throughout his entertainment career Frank Sinatra has been my idol.’’ Mr. and rise to fame, Frank Sinatra SEC. 3. DUPLICATE MEDALS. Sinatra’s voice filled the Serrano The Secretary may strike and sell dupli- worked tirelessly and steadfastly to household then as it does today. I cates in bronze of the gold medal struck pur- cure some of the ills of society. In one thank my colleague for his diligence in suant to section 2 under such regulations as of the most outstanding examples of working to have Frank Sinatra placed the Secretary may prescribe, and at a price his generosity, Frank Sinatra person- in a league with other deserving per- sufficient to cover the costs thereof, includ- ally, and entirely, I might add, fi- formers and philanthropists. ing labor, materials, dies, use of machinery, nanced and donated his talent and Mr. President, let me conclude my overhead expenses, and the cost of the gold superstardom along with other re- remarks by citing a great song that medal. nowned performers for a world tour Frank Sinatra popularized, ‘‘My Way.’’ SEC. 4. NATIONAL MEDALS. benefitting children’s hospitals, or- I am not going to attempt the lyrics. I The medals struck pursuant to this Act are national medals for purposes of chapter 51 of phanages, and schools in six countries. have sung on the Senate floor before title 31, United States Code. This whirlwind jaunt included 30 con- ORD and I promised Senator F I would SEC. 5. AUTHORIZATION OF APPROPRIATIONS; certs in 10 weeks. And never once did not do so again, after his admonition. PROCEEDS OF SALE. Frank Sinatra seek glory from this He was about to rise up and object. My (a) AUTHORIZATION OF APPROPRIATIONS.— feat through publicity or any other mother cautioned me against attempt- There is hereby authorized to be charged means. ing to sing again. But let me say when against the Numismatic Public Enterprise Frank Sinatra’s generosity has Frank Sinatra sings ‘‘My Way,’’ those Fund an amount not to exceed $30,000 to pay touched the lives of the underprivi- words embody the spirit of this coun- for the cost of the medal authorized by this Act. leged, the terminally and chronically try, the spirit of giving people having (b) PROCEEDS OF SALE.—Amounts received ill, children, minorities and students the opportunity to do it their way, to from the sales of duplicate bronze medals not only in this country, but in Latin rise, to climb to the heights that only under section 3 shall be deposited in the Nu- America, Israel, Europe, and Mexico. America ensures. mismatic Public Enterprise Fund. His works of goodwill have financed en- My true hope is that before this leg- tire wings in hospitals, numerous islation is enacted, we will have 100 co- Selection of general international awards scholarships, educational programs, sponsors honoring a talented Amer- for humanitarian and philanthropic con- and student centers. He has selflessly ican, a gifted American, who has given tributions: Italian Star of Solidarity, Gov- served as chairman on numerous ernment of Italy ‘62, Commandeur De La so generously of himself not only in his Sante Publique, France ’65 Medallion of boards for charities and councils borne performances but in terms of making Valor, State of Israel ’72, Jerusalem Medal, out of sincerity, humility, and the goal this a better country and a better City of Jerusalem, Israel ’76, Primum Vivere of equality. If I could stand here and world for so many who are less fortu- (life first) Award, World Mercy Fund ’79, recite all of the things Frank Sinatra nate. Grand Ufficiale Dell’ Ordine al Merito Della has done from his heart for his fellow There being no objection, the mate- Repubblica Italiana, Italy ’79 (presented by man and woman, poor, old, young, sick rial was ordered to be printed in the President Charles DeGaulle) Humanitarian and the like, and recited all of the RECORD, as follows: Award, Variety Clubs International ’80, awards this giant among us has re- Order of the Leopard, President of S. 305 Bophuthatswana ’81 (first white person to re- ceived, I would be here all day. Be it enacted by the Senate and House of Rep- ceive), and Knight of the Grand Cross, Mr. President, since 1945 Frank Si- resentatives of the United States of America in Knights of Malta, Sovereign Order of the natra’s national and international hu- Congress assembled, Hospitaller of St. John of Jerusalem ’85. manitarian activities have been recog- SECTION 1. FINDINGS. Selection of awards for national humani- nized. Just as a small sampling, he has The Congress finds that— tarian and philanthropic contributions: been awarded with the Lifetime (1) Francis Albert ‘‘Frank’’ Sinatra has American Unity Award for advancing the Achievement Award from the NAACP, touched the lives of millions around the cause of better Americans ’45, Commenda- the Achievement Award from the world and across generations through his tion by Bureau of Inter-Cultural Education outstanding career in entertainment, which Screen Actors Guild, the New York ’45, Commendation by National Conference has spanned more than 5 decades; of Christians and Jews ’45, Democratic City Columbus Citizens Committee Hu- (2) Frank Sinatra has significantly con- America Award, Courageous Fight On Behalf manitarian Award, the Kennedy Center tributed to the entertainment industry Of All Minorities ’46, Jefferson Award, Coun- Honors, the Scopus Award from the through his endeavors as a producer, direc- cil Against Intolerance in America ’46, American Friends of Hebrew Univer- tor, actor, and gifted vocalist; Hollizer Memorial Award, LA Jewish Com- sity, the Philadelphia Freedom Medal (3) the humanitarian contributions of munity ’49, Distinguished Service Award, LA and the highest civilian honor in out Frank Sinatra have been recognized in the ’71, Humanitarian Award, Friar’s Club ’72, forms of a Lifetime Achievement Award Splendid American Award, Thomas A. country, the Medal of Freedom given from the NAACP, the Jean Hersholt Humani- to him by another American hero, Dooley Foundation ’73, Man of the Year tarian Award from the Academy of Motion Award, March of Dimes ’73, Man of the Year President Ronald Reagan. Picture Arts and Sciences, the Presidential Award, Las Vegas ’74, Certificate of Appre- Mr. President, I ask unanimous con- Medal of Freedom Award, and the George ciation, NYC ’76, Honorary Doctor of Hu- sent that the text of the bill and a se- Foster Peabody Award; and mane Letters, University of Nevada ’76, lection of charities Mr. Sinatra gra- (4) the entertainment accomplishments of Freedom Medal, Independence Hall, PA ’77, ciously donated to and honors he re- Frank Sinatra, including the release of more International Man of the Year Award, Presi- ceived be printed in the RECORD. than 50 albums and appearances in more dent Ford ’79, Humanitarian Award, Colum- Mr. President, I must say to you that than 60 films, have been recognized in the bus Citizens Committee, NY ’79, First Mem- the idea and the driving force behind forms of the Screen Actors Guild Award, the ber, Simon Weisenthal Center Fellows Soci- Kennedy Center Honors, 8 Grammy Awards Congressional recognition of Francis ety ’80, Multiple Sclerosis Special Award, from the National Academy of Recording National Hope Chest Campaign ’82, Kennedy Albert Sinatra in the autumn of his life Arts and Science, 2 Academy Awards from Center Honors Award for Lifetime Achieve- came from a Congressman born in the Academy of Motion Picture Arts and ment, ’83, Boy Scouts of America Distin- Puerto Rico. This Congressman re- Sciences, and an Emmy Award. guished American Award, ’84, Medal of Free- cently told me the touching and true SEC. 2. CONGRESSIONAL GOLD MEDAL. dom, President Reagan ’85, Lifetime of story of how he learned English at the (a) PRESENTATION AUTHORIZED.—The Presi- Achievement Award, National Italian-Amer- age of five from Frank Sinatra. That dent is authorized to present, on behalf of ican Foundation ’85, Coachella Valley Hu- Congressman is Congressman JOSE the Congress, a gold medal of appropriate de- manitarian Award, ’86, and Lifetime sign to Francis Albert ‘‘Frank’’ Sinatra in Achievement Award, NAACP ’87. SERRANO. His father, a World War II recognition of his outstanding and enduring Selection of Charities and Foundations: veteran, came home from the war with contributions through his entertainment ca- Frank Sinatra Wing, Atlantic City Medical a group of 78 RPM records. On those reer and numerous humanitarian activities. Center, New Jersey, Frank Sinatra Fund for records was the melodic voice of Frank (b) DESIGN AND STRIKING.—For the purpose outpatients with inadequate or exhausted Sinatra. Congressman SERRANO said to of the presentation referred to in subsection medical insurance coverage, Sloan-Kettering

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1307 Cancer Center, New York Martin Anthony have been held. For every year an asset It would apply to all types of assets Sinatra Medical Education Center Desert has been held, the applicable rate that are covered under current law. It Hospital, California, Frank Sinatra Child would be reduced by 2 percentage is nondiscriminatory. However, be- Care Unit, St. Jude’s Children’s Research points. Assets held for more than 1 cause of the sliding-scale benefit based Center, Tennessee, Sinatra Family Chil- dren’s Unit for the Chronically Ill, Seattle year would be taxed at no higher than on the holding period, I believe the im- Children’s Orthopedic Hospital, Frank Si- the current 28 percent. Assets held for pact will be to provide the greatest natra Student Scholarship Fund, Hoboken, 2 years would be taxed at no higher benefit to middle-class families like New Jersey, Frank Sinatra In School Scout- than 26 percent. And so on, down to a those farm families and small busi- ing Program, Grape Street Elementary, Los rate of 14 percent. Assets held for more nesses I have in mind. Angeles, Frank Sinatra International Stu- than 8 years would be taxed at a max- So, Mr. President, it is my hope that dent Center, Hebrew University, Jerusalem, imum rate of 14 percent. this concept will be taken seriously in Frank Sinatra Youth Center for Christians, I am introducing the legislation with the spirit of reaching a bipartisan com- Moslems and Jews, Israel, San Diego State three objectives in mind. First, I be- University Aztec Athletic Foundation, Vari- promise on this issue. Mr. President, I ety Club International, World Mercy Fund, lieve our efforts should be directed to- ask unanimous consent to have printed and National Multiple Sclerosis Campaign. ward helping family farms and small in the RECORD a chart which dem- Mr. MOYNIHAN. Mr. President, I rise family businesses. We do not need addi- onstrates the operation of this capital to join my colleague and friend, Sen- tional proposals to assist real estate gains proposal. speculators or those who specialize in ator D’AMATO, as a cosponsor of his bill Mr. President, I ask unanimous con- to award a Congressional Gold Medal putting Wall Street deals together. sent that the text of the bill be printed to Francis Albert Sinatra. Frank Si- Most capital gains proposals we have in the RECORD. natra is one of the most famous singers considered in recent years provide a There being no objection, the mate- in the history of popular music. He is disproportionate benefit to those mak- rial was ordered to be printed in the known as ‘‘The Voice,’’ ‘‘Old Blue ing six-figure salaries and above. It RECORD, as follows: Eyes,’’ and ‘‘The Chairman of the should be clear by now that we cannot S. 306 Board.’’ These nicknames attest as pass a capital gains proposal that pri- Be it enacted by the Senate and House of Rep- clearly as anything to his talent, his marily benefits the wealthy. In my ex- resentatives of the United States of America in popular appeal, and his impact on perience, those middle-class families Congress assembled, American music. that should be the focus of the debate SECTION 1. DECREASE IN MAXIMUM CAPITAL Mr. Sinatra began his career with get lost in the shuffle. GAINS RATE BASED ON TAXPAYER’S Second, using this proposal, I intend HOLDING PERIOD. local bands in New Jersey. He joined (a) IN GENERAL.—Section 1(h) of the Inter- Harry James’ band in 1939, but began to to work with others interested in the issue to attempt to develop a bipar- nal Revenue Code of 1986 (relating to max- achieve his great popularity touring imum capital gains rate) is amended to read with Tommy Dorsey from 1940 to 1942. tisan coalition with middle class fami- as follows: His solo career began in 1943 and never lies in mind. There are few lasting leg- ‘‘(h) MAXIMUM CAPITAL GAINS RATE.— ceased. islative changes that have not been de- ‘‘(1) IN GENERAL.—If a taxpayer has a net After conquering the musical world veloped in a bipartisan way. This is capital gain for any taxable year, then the Mr. Sinatra began a film career that particularly true in the area of tax pol- tax imposed by this section shall not exceed icy. Capital gains reform has been a the sum of— quickly earned him an academy award, ‘‘(A) a tax computed at the rates and in the in 1953, for his supporting role in hot button campaign issue for several years, often being used in an attempt same manner as if this subsection had not ‘‘From Here to Eternity.’’ He went on been enacted on the greater of— to appear in some 50 movies. to secure partisan advantage. I think it ‘‘(i) taxable income reduced by the amount Mr. President, New York has no offi- is time to move beyond this stage. of the net capital gain, or cial State song. For six decades now There are plenty of Members on both ‘‘(ii) the 15-percent bracket amount, plus Frank Sinatra has entertained New sides of the aisle interested in pro- ‘‘(B) a tax equal to the sum of the amounts Yorkers in music and film. His impact viding capital gains relief. I think we determined by applying the applicable per- has been tremendous. But more than should attempt to find middle ground centage to long-term capital gain taken into account in computing net capital gain. anything else his version of ‘‘New that takes into account the views of both Democrats and Republicans inter- ‘‘(2) 15-PERCENT BRACKET AMOUNT.—For York, New York’’ has given us cheer, purposes of this subsection— ested in this issue. enjoyment, and pride. It is certainly ‘‘(A) IN GENERAL.—The term ‘15-percent the unofficial song for millions. There- Third, we must face budget realities. bracket amount’ means the amount of tax- fore, I am delighted to cosponsor this It appears likely that any capital gains able income taxed at a rate below 28 percent, bill to award a Congressional Gold proposal which can pass this Congress determined without taking into account Medal to Frank Sinatra. I encourage must be included in an overall bal- long-term capital gain attributable to a cap- my colleagues to join us. anced budget package as part of a rea- ital asset for which the taxpayers’ holding sonable level of tax relief. Some of the period exceeds 8 years. By Mr. FORD: capital gains proposals considered dur- ‘‘(B) LIFO ORDERING RULE.—For purposes of S. 306. A bill to amend the Internal ing the last Congress were estimated applying paragraph (1)(B), the determination as to which long-term capital gain (if any) Revenue Code of 1986 to provide a de- by the Congressional Budget Office to was taken into account in determining the crease in the maximum rate of tax on result in more than $40 billion being 15-percent bracket amount shall be made on capital gains which is based on the added to the Federal deficit over 7 the basis of the holding period of the capital length of time the taxpayer held the years, requiring enormous offsets. Even assets to which such gain is attributable, be- capital asset; to the Committee on Fi- the modified proposal included in the ginning with assets with the shortest holding nance. reconciliation package vetoed by the period. CAPITAL GAINS LEGISLATION President was scored by CBO at more ‘‘(3) APPLICABLE PERCENTAGE.—For pur- Mr. FORD. Mr. President, today I am than $35 billion. I believe this is more poses of paragraph (1)— ‘‘(A) IN GENERAL.—The term ‘applicable introducing capital gains legislation than we can afford in the context of percentage’ means, with respect to any long- which I believe has the possibility of balancing the budget. It also seems to term capital gain, 28 percent reduced (but breaking through the impasse we have be far more than what is needed to tar- not below 14 percent) by 2 percentage points had on this issue for the last several get relief to middle-class families, and for each year (or fraction thereof) by which years. My proposal is based not on po- especially farmers and small busi- the taxpayer’s holding period for the capital litical rhetoric, but on conversations I nesses. asset to which the gain is attributable ex- have had with constituents who sup- I am also aware of the criticism by ceeds 2 years. port a commonsense approach on this some on the other side of the aisle that ‘‘(B) LIMITATION ON GAIN TO WHICH PERCENT- certain Democratic capital gains pro- AGE APPLIES.—Subparagraph (A) shall not issue. apply to long-term capital gain on any sale My legislation would provide a slid- posals are picking and choosing among or exchange to the extent the gain exceeds ing scale for capital gains relief, low- certain types of assets, and therefore the excess (if any) of— ering the rate at which capital gains picking and choosing winners and los- ‘‘(i) net capital gain for the taxable year, are taxed, based on how long the assets ers. My proposal avoids that criticism. over

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1308 CONGRESSIONAL RECORD — SENATE February 12, 1997 ‘‘(ii) the sum of— portant services to our Nation’s low-in- THE GRAND TETON NATIONAL PARK ACT OF 1997 ‘‘(I) that portion of the 15-percent bracket come population, it is reasonable that ∑ amount which is attributable to net capital Mr. THOMAS. Mr. President, today I we include them as eligible to receive introduce legislation designed to pro- gain, plus surplus property. Excess property can ‘‘(II) other long-term capital gain to which tect open space near and around Grand be used creatively by these groups to paragraph (1)(B) applies and which is attrib- Teton National Park. Currently, open lower expenses, thereby allowing char- utable to capital assets for which the tax- space near the park, with its majestic, ities to become more efficient. These payer’s holding period is longer. signature vistas and abundant wildlife, ‘‘(C) APPLICATION TO CLASSES OF GAIN.— nonprofit charitable organizations Subject to such rules as the Secretary may serving the poor are in great need of continues to decline. As the population prescribe, all long-term capital gain from materials and equipment to build and grows in Teton County, WY, undevel- the sale or exchange of capital assets with repair homes, store food items, and de- oped land near the park becomes more the same holding period (determined on the liver goods and services to those in scarce. This loss of open space nega- basis of the number of years or fractions need. We have already acknowledged tively impacts wildlife migration thereof) shall be treated as gain from the that nonprofit charities serving the routes in the area and diminishes the sale or exchange of a single capital asset. experience of visitors to the region. ‘‘(4) INVESTMENT INCOME.—For purposes of homeless should be eligible to receive this subsection, the net capital gain for any these goods. This bill would recognize The repercussions due to the loss of taxable year shall be reduced (but not below those charitable institutions which are open space can be felt throughout the zero) by the amount which the taxpayer providing shelter, food, and services to entire area. As stewards, we must act elects to take into account as investment in- low-income Americans who may not be now to preserve the view and make come for the taxable year under section homeless. such a value a component of our envi- 163(d)(4)(B)(iii).’’ Mr. President, this legislation would ronmental agenda. (b) EFFECTIVE DATE.—The amendments provide donated equipment and goods made by this section shall apply to taxable A few working ranches make up years beginning after December 31, 1996. at lower costs than alternative ap- proaches such as grants to charities. Teton Valley’s remaining open space. Furthermore, it is a wise use of moneys These ranches depend on grazing in FORD SLIDING SCALE CAPITAL GAINS PROPOSAL either paid in taxes or donated by gen- Grand Teton National Park for sum- mer range to maintain their oper- Would be erous citizens. Domestic charities will subject to make good use of Federal surplus and ations. The original act creating the the lower of invest moneys saved in expanded ef- park allowed several permittees to con- the current Assets held for the following period law capital forts to further help those in need. tinue grazing in the area for the life of gains rate The bill has bipartisan support. Co- a designated heir in the family. Unfor- or the rate listed below sponsoring the bill with me today are tunately, the last remaining heirs have (in percent) the ranking member of the Senate Ag- died and their family’s grazing privi- More than: riculture, Nutrition and Forestry Com- leges are going to be terminated. As a 1 year ...... 28 mittee, Senator TOM HARKIN, as well as result, the open space around the park, 2 years ...... 26 3 years ...... 24 the chairman and ranking member of which remains available due to the via- 4 years ...... 22 the Nutrition Subcommittee, Senator bility of these ranch operations, will 5 years ...... 20 MCCONNELL and Senator LEAHY. In ad- 6 years ...... 18 most likely be subdivided and devel- 7 years ...... 16 dition, I am pleased to say that my In- oped. 8 years ...... 14 diana colleague in the House, Congress- man LEE HAMILTON, is introducing the The legislation I am introducing By Mr. LUGAR (for himself, Mr. same bill today. today is designed to help continue to HARKIN, Mr. MCCONNELL, and Mr. President, I have personally sup- protect open space in Teton Valley. In Mr. LEAHY): ported various food banks in Indiana order to develop the best solution to S. 307. A bill to amend the Federal over the years. I am now proud to in- protect open space near Teton Park, Property and Administrative Services troduce a bill that will assist them in my legislation directs the National Act of 1949 to authorize the transfer to their continued efforts of serving the Park Service to conduct a 3-year study States of surplus personal property for poor. of grazing in the area and its impact on donation to nonprofit providers of as- Mr. President, I ask unanimous con- open space in the region. This report sistance to impoverished families and sent that the text of the bill be printed should develop workable solutions that individuals, and for other purposes; to in the RECORD. There being no objection, the bill was are fiscally responsible and conscious the Committee on Governmental Af- of the preservation of open space. The fairs. ordered to be printed in the RECORD, as follows: study will be conducted by the Na- THE FEDERAL SURPLUS PROPERTY DONATION S. 307 tional Park Service with input from ACT citizens, local government officials, ∑ Mr. LUGAR. Mr. President, I use Be it enacted by the Senate and House of Rep- resentatives of the United States of America in and the landowners in the area. today to introduce the Federal Surplus Congress assembled, With the approach of the spring and Property Donations Act. This bill cor- SECTION 1. TRANSFER OF SURPLUS PERSONAL rects an oversight by allowing non- PROPERTY FOR DONATION TO PRO- summer grazing season, it is vital for profit charitable organizations that VIDERS OF ASSISTANCE TO IMPOV- the Congress to act on this legislation primarily serve low-income people, to ERISHED FAMILIES AND INDIVID- as quickly as possible. I look forward UALS. be eligible to receive Federal surplus Section 203(j)(3)(B) of the Federal Property to working with the National Park personal property. and Administrative Services Act of 1949 (40 Service on this important matter to Under current law, Federal surplus U.S.C. 484(j)(3)(B)) is amended by inserting preserve and protect open space in property can be donated to State and after ‘‘homeless individuals’’ the following: Teton Valley. Grand Teton National local governments, schools, hospitals, ‘‘, providers of assistance to families or indi- Park is truly one of the treasures of and nonprofit organizations that serve viduals with annual income below the pov- our Nation and this legislation will erty line (as defined in section 673 of the the homeless. My bill would expand the help preserve this wonderful area for eligibility to food banks, construction Community Services Block Grant Act (42 U.S.C. 9902)),’’.∑ many years to come.∑ oriented charities, building material recycling warehouses, and similar non- By Mr. THOMAS (for himself and By Mr. AKAKA: profit tax-exempt organizations that Mr. ENZI): serve the poor. The bill does not give S. 308. A bill to require the Secretary S. 309. A bill to amend title 38, preference to these organizations, but of the Interior to conduct a study con- United States Code, to prohibit the es- simply adds them to the list of eligible cerning grazing use of certain land tablishment or collection of parking recipients. within and adjacent to Grand Teton fees by the Secretary of Veterans Af- Charities that provide food and shel- National Park, WY, and to extend tem- fairs at any parking facility connected ter assistance are major contributors porarily certain grazing privileges; to with a Department of Veterans Affairs to the safety net for the poor. As we the Committee on Energy and Natural medical facility operated under a look to charities to provide these im- Resources. health-

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1309 the most important and trying periods (2) the public use potential of the area; care resources sharing agreement with in American history. I feel it is appro- (3) the potential outdoor recreational op- the Department of Defense; to the priate to honor the legacy of this great portunity provided by the area; (4) the interpretive and educational poten- Committee on Veterans’ Affairs. leader by including Knob Creek Farm tial of the area; DEPARTMENT OF VETERANS AFFAIRS in the National Historic Site. (5) costs associated with the acquisition, LEGISLATION Under this legislation, the cost of ac- development, and operation of the area; ∑ Mr. AKAKA. Mr. President, I offer a quiring Knob Creek Farm would not (6) the socioeconomic impacts of a designa- bill to allow the Department of Vet- fall to the American taxpayer, but tion of the area as part of the Abraham Lin- erans Affairs [VA] to waive fees at would instead be borne by the private coln Birthplace National Historic Site; and joint parking facilities with the De- sector. The National Park Trust, a pri- (7) the level of local and general public support for designating the area as part of partment of Defense [DOD]. vate land conservancy dedicated to the Abraham Lincoln Birthplace National Currently, the VA is required to protecting America’s natural and his- Historic Site. charge its users and employees to park torical treasures, has been raising pri- (d) RESOURCES OF AREA STUDIED.—In exam- at facilities built with special revolv- vate funds and is currently negotiating ining a resource of the area under study, the ing funds. There is no exemption to to purchase the 228-acre family-owned Secretary shall consider— this fee requirement for joint VA/DOD farm, located approximately 10 miles (1) the rarity and integrity of the resource; facilities, which results in an adminis- from the existing Historic Site. After (2) the threats to the resource, and trative nightmare for a parking facil- (3) whether similar resources are already acquiring the farm, which is listed on protected in the National Park System or in ity in Hawaii. the National Register of Historic other Federal, State, or private ownership. The VA parking structure at Tripler Places, the trust would donate the land (e) MANAGEMENT.— Army Medical Hospital will be shared to the Park Service. (1) IN GENERAL.—The study shall consider by VA and DOD. While the law cur- Thomas Jefferson once wrote, ‘‘A whether direct National Park Service man- rently requires VA visitors and medical morsel of genuine history is a thing so agement or alternative protection by other staff to pay for parking, DOD visitors rare as to be always valuable.’’ Well, agencies or the private sector is appropriate for the area under study. and personnel are exempt from such a Mr. President, I think Knob Creek (2) IDENTIFICATION OF ALTERNATIVES.—The charge. Farm represents just such a morsel, study shall identify which alternative or Determining who is a VA or DOD vis- and including it in the Abraham Lin- combination of alternatives would be most itor to the facility will be difficult to coln Birthplace National Historic Site effective and efficient in protecting signifi- administer without creating a bureau- will allow current and future genera- cant resources and providing for public en- cratic ordeal. Under the current situa- tions of Americans to share in the rare joyment. tion, only VA medical employees at educational value of this historical (f) SUBMISSION.—The Secretary shall sub- Tripler will be required to pay for property. mit the study to the Committee on Re- parking. Visitors, DOD personnel, and sources of the House of Representatives and Mr. President, I ask unanimous con- the Committee on Energy and Natural Re- VA regional employees would not be sent that the text of the bill be printed sources of the State. charged for parking. in the RECORD. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. In addition, any VA medical em- There being no objection, the bill was There are authorized to be appropriated ployee who is also a DOD retiree would ordered to be printed in the RECORD, as such sums as are necessary to carry out this be exempt from the parking charge, be- follows: Act. cause DOD retirees receive free park- S. 312 ing at DOD facilities. Be it enacted by the Senate and House of Rep- By Mr. BROWNBACK (for himself Thus, only VA medical personnel who resentatives of the United States of America in and Mr. ROBERTS): are not DOD retirees will be required Congress assembled, S. 313. A bill to repeal a provision of to pay for parking. The cost to admin- SECTION 1. REVISION OF BOUNDARY OF ABRA- the International Air Transportation ister this parking fee will far outweigh HAM LINCOLN BIRTHPLACE NA- Competition Act of 1979 relating to air the revenues received. Since parking TIONAL HISTORIC SITE. transportation from Love Field, TX; to fees are determined by surrounding (a) IN GENERAL.—On acquisition of the land the Committee on Commerce, Science, known as Knob Creek Farm pursuant to sub- area facilities and since Tripler is lo- section (b), the boundary of the Abraham and Transportation. cated in a residential area, parking Lincoln Birthplace National Historic Site, THE WRIGHT AMENDMENT REPEAL ACT OF 1997 fees for the Tripler facility would be established by the Act of July 17, 1916 (39 Mr. BROWNBACK. Mr. President, the nominal. Therefore, I am submitting Stat. 385, chapter 247; 16 U.S.C. 211 et seq.), is distinguished Senator from Kansas legislation which will allow joint VA/ revised to include the land. [Mr. ROBERTS] joins with me today in DOD parking facilities to be exempt (b) ACQUISITION OF KNOB CREEK FARM.—The offering this bill to address an injustice from the current statute.∑ Secretary of the Interior may acquire, by do- that has developed out of current law. nation only, the approximately 228 acres of Under current law, commercial air By Mr. FORD: land known as Knob Creek Farm in Larue County, Kentucky. carriers are prohibited from providing S. 312. A bill to revise the boundary SEC. 2. STUDY OF SURROUNDING RESOURCES. service between Dallas’ Love Field and of the Abraham Lincoln Birthplace Na- (a) IN GENERAL.—Not later than 1 year points located outside of Texas or its tional Historic Site in Larue County, after the date of enactment of this Act, the four surrounding States. This effec- KY, and for other purposes; to the Secretary shall study the area between and tively limits travel into and out of this Committee on Energy and Natural Re- surrounding the Abraham Lincoln Birthplace airport to destinations only in Texas, sources. National Historic Site and the Knob Creek Louisiana, Oklahoma, Arkansas, and Farm in Larue County, Kentucky. KNOB CREEK FARM LEGISLATION New Mexico. Flights originating from (b) PURPOSE.—The purpose of the study Mr. FORD. Mr. President, on this the shall be to— any other State must fly into the Dal- 188th anniversary of the birth of Abra- (1) protect the resources of the Knob Creek las-Fort Worth Airport in order to have ham Lincoln, 16th President of the Farm from incompatible adjacent land uses; access to the highly traveled Dallas United States of America and one of and area. Kentucky’s greatest native sons, I am (2) identify significant resources associated The original intent of the Wright introducing legislation to expand the with the early boyhood of Abraham Lincoln. amendment was to protect the then (c) CONSIDERATIONS OF AREA STUDIED.—In boundaries of the Abraham Lincoln examining the area under study, the Sec- relatively new Dallas-Fort Worth Air- Birthplace National Historic Site to in- retary shall consider— port. It is now the third busiest airport clude Knob Creek Farm, Lincoln’s boy- (1) whether the area— in the country and no longer needs to hood home from the ages of 2 to nearly (A) possesses nationally significant nat- be protected from competition. The 8. Located in Larue County near ural, cultural, or recreational resources; amendment distorts the free market Hodgenville, KY, Knob Creek Farm is (B) represents an important example of a and condones anticompetitive law; it particular resource type in the country; where President Lincoln learned some (C) is a suitable and feasible addition to also limits travel and forces passengers of his earliest lessons of life; lessons the National Park System; and to pay artificially and unreasonably which helped mold the man who would (D) is appropriate to ensure long-term re- high airfare. Furthermore, it causes go on to lead our Nation through one of source protection and visitor use; unnecessary delay and inconvenience

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1310 CONGRESSIONAL RECORD — SENATE February 12, 1997 for passengers, especially the disabled, vate sector, but it has not worked. We input and have made some changes in elderly, and those traveling with small have not moved toward that goal. The the bill based on it. I look forward to children. Finally, Dallas is the top des- bureaucracy has not found ways and working with my colleagues on both tination for passengers flying from means to procure goods and services sides of the aisle on this legislation. I Wichita and this restriction denies from the private sector. For example, think the political climate is right for Kansas lower fares. CBO has estimated that 1.4 million em- enacting this concept. This restriction not based on any ployees work in areas that are com- Finally, it is a fairly simple bill. It standards appropriate for the airline mercial in nature. We need a statutory says that we still believe in the philos- industry. It is not based on mileage provision to correct this problem. ophy of having the private sector do flown, size of the city serviced, or noise In order to reach the goal of a bal- those things that are commercial in generated by the aircraft. Instead, it is anced budget, we need to rely, I be- nature. This legislation lays out a sys- an outdated restriction based on polit- lieve, on the private sector for many of tem for doing that, identifying those ical boundaries which were in place be- the Federal Government’s needs. Var- things that are inherently govern- fore the advent of airplanes. ious studies indicate that we can save mental and those goods and services As a law that is based on political up to $30 billion annually doing this. that can be done in the private sector. concerns rather than practical reali- This competition, of course, not only It’s an idea this Congress really ought ties, this is a prime example of unwar- wastes taxpayers’ money but it stunts to consider. It would be a money saver. ranted and unnecessary government job growth in the private sector, stifles It is philosophically right, it will help regulation. It is a prime example of a economic growth, erodes the tax base the private sector a great deal and give lack of common sense and it is a prime and hurts small businesses. And it has taxpayers a bigger bang for their buck. example of why so many Americans been one of the top priorities in the I ask unanimous consent that the fol- have lost confidence in their Govern- three meetings of the White House lowing materials be printed in the ment. Conference on Small Business. RECORD: A copy of the bill, a section- The Wright amendment is wrong for The bill basically codifies the 40- by-section analysis, a list of groups en- America, and I urge my colleagues to year-old Federal policy and that is to dorsing the bill, a letter of endorse- join me in correcting this biased situa- use the private sector. There are excep- ment from the U.S. Chamber of Com- tion. tions to this policy laid out in the bill: merce, and a letter of endorsement Mr. President, I ask unanimous con- those functions that are inherently from the Business Coalition for Fair sent that the text of the bill be printed governmental, those goods and services Competition. in the RECORD. that are in the interest of national se- There being no objection, the mate- There being no objection, the bill was curity, goods or services that the Fed- rial was ordered to be printed in the ordered to be printed in the RECORD, as eral Government can provide better at RECORD, as follows: follows: a better value than the private sector, S. 314 S. 313 and goods and services, of course, that Be it enacted by the Senate and House of Rep- Be it enacted by the Senate and House of Rep- the private sector cannot provide. resentatives of the United States of America in resentatives of the United States of America in This bill establishes a system where Congress assembled, Congress assembled, OMB can identify those functions to SECTION 1. SHORT TITLE. SECTION 1. REPEAL OF PROVISION RELATING TO properly stay within the Federal estab- This Act may be cited as the ‘‘Freedom LOVE FIELD, TEXAS. lishment and those that can better be From Government Competition Act of 1997’’. Section 29 of the International Air Trans- SEC. 2. FINDINGS. portation Competition Act of 1979 (94 Stat. done by the private sector. This legis- Congress finds and declares that— 48) is repealed. lation establishes an office of commer- (1) private sector business concerns, which cial activities within OMB to do that. are free to respond to the private or public By Mr. THOMAS (for himself, Mr. No longer is the agency that is charged demands of the marketplace, constitute the HAGEL, Mr. KYL, Mr. ENZI, Mr. with doing the contracting the one strength of the American economic system; BROWNBACK, and Mr. CRAIG): that makes decisions of whether it will (2) competitive private sector enterprises S. 314. A bill to require that the Fed- be contracted or not. are the most productive, efficient, and effec- eral Government procure from the pri- Certainly we are all sensitive to Fed- tive sources of goods and services; vate sector the goods and services nec- eral employees’ concerns should they (3) government competition with the pri- essary for the operations and manage- vate sector of the economy is detrimental to be impacted. For those who are dis- all businesses and the American economic ment of certain Government agencies, placed, we have included provisions system; and for other purposes; to the Com- that facilitate transition to the private (4) government competition with the pri- mittee on Governmental Affairs. sector if they choose to follow that vate sector of the economy is at an unac- THE FREEDOM FROM GOVERNMENT COMPETITION path. ceptably high level, both in scope and in dol- ACT OF 1997 The intention of the legislation is to lar volume; Mr. THOMAS. Mr. President, I rise to get agencies to focus on their core mis- (5) when a government engages in entrepre- introduce a bill that is one of my top sions. This focus will ensure a better neurial activities that are beyond its core priorities for this Congress. It is called mission and compete with the private sec- value to American taxpayers. I do not tor— the Freedom from Government Com- wish to abolish all Government func- (A) the focus and attention of the govern- petition Act. It is I think a common tions. But I am saying that there is ment are diverted from executing the basic sense, good Government reform bill. I private sector expertise waiting to be mission and work of that government; and am joined in the effort by Senators utilized. (B) those activities constitute unfair gov- HAGEL, KYL, ENZI, BROWNBACK, and Congressman DUNCAN in the House ernment competition with the private sec- CRAIG. has introduced a companion bill. It tor; This legislation has the potential to also was introduced today. (6) current laws and policies have failed to open up a $30 billion market for the Na- The U.S. Senate is already on record address adequately the problem of govern- ment competition with the private sector of tion’s small and large businesses. It is as supporting this concept. Last year the economy; designed to level the playing field for you may recall the Senate voted 59 to (7) the level of government competition thousands of businesses that span the 39 in favor of an amendment I offered with the private sector, especially with economic spectrum of this country on the Treasury-Postal appropriations small businesses, has been a priority issue of from the mundane to the high tech. It bill that would have prevented unfair each White House Conference on Small Busi- will also provide a more efficient Gov- Government competition with the pri- ness; ernment, one that works better and vate sector. However, it was dropped (8) reliance on the private sector is con- costs less. from the omnibus spending package. sistent with the goals of the Government Government competition with the Performance and Results Act of 1993 (Public This comprehensive legislation builds Law 103–62); private sector is a growing problem. on that success. (9) reliance on the private sector is nec- Over the last 40 years, it has been the Also, last year the Senate Govern- essary and desirable for proper implementa- Federal policy of saying let us do those mental Affairs Committee held a hear- tion of the Federal Workforce Restructuring things that are commercial in the pri- ing on this bill. We received some good Act of 1994 (Public Law 103–226);

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1311 (10) it is in the public interest that the dures for determining whether it is a private ‘‘(ii) if the activity could be performed by Federal Government establish a consistent sector source or an agency that provides cer- a private sector entity, set forth a schedule policy to rely on the private sector of the tain goods or services for the best value. for converting to performance of the activity economy to provide goods and services that (ii) FACTORS CONSIDERED.—The standards by a private sector entity;’’. are necessary for or beneficial to the oper- and procedures shall include requirements SEC. 6. DEFINITIONS. ation and management of Federal Govern- for consideration of analyses of all direct and (a) AGENCY.—As used in this Act, the term ment agencies and to avoid Federal Govern- indirect costs (performed in a manner con- ‘‘agency’’ means the following: ment competition with the private sector of sistent with generally accepted cost-ac- (1) EXECUTIVE DEPARTMENT.—An executive the economy; and counting principles), the qualifications of department as defined by section 101 of title (11) it is in the public interest for the pri- sources, the past performance of sources, and 5, United States Code. vate sector to utilize employees who are ad- any other technical and noncost factors that (2) MILITARY DEPARTMENT.—A military de- versely affected by conversions to use of pri- are relevant. partment as defined by section 102 of such vate sector entities for providing goods and (iii) CONSULTATION REQUIREMENT.—The Di- title. services on behalf of the Federal Govern- rector shall consult with persons from the (3) INDEPENDENT ESTABLISHMENT.—An inde- ment. private sector and persons from the public pendent establishment as defined by section SEC. 3. RELIANCE ON THE PRIVATE SECTOR. sector in developing the standards and proce- 104(1) of such title. (b) INHERENTLY GOVERNMENTAL GOODS AND (a) GENERAL POLICY.—Notwithstanding any dures. other provision of law, except as provided in (D) APPROPRIATE GOVERNMENTAL ACTIVI- SERVICES.— subsection (c), each agency shall procure TIES.—The regulations shall include a meth- (1) PERFORMANCE OF INHERENTLY GOVERN- from sources in the private sector all goods odology for determining what types of ac- MENTAL FUNCTIONS.—For the purposes of sec- tion 3(c)(1)(A), goods or services are inher- and services that are necessary for or bene- tivities performed by an agency should con- ently governmental in nature if the pro- ficial to the accomplishment of authorized tinue to be performed by the agency or any viding of such goods or services is an inher- functions of the agency. other agency. (b) COMPLIANCE AND IMPLEMENTATION AS- ently governmental function. (b) PROHIBITIONS REGARDING TRANSACTIONS SISTANCE.— (2) INHERENTLY GOVERNMENTAL FUNCTIONS IN GOODS AND SERVICES.— (1) OMB CENTER FOR COMMERCIAL ACTIVI- DESCRIBED.— (1) PROVISION BY GOVERNMENT GEN- TIES.—The Director of the Office of Manage- (A) FUNCTIONS INCLUDED.—For the purposes ERALLY.—No agency may begin or carry out ment and Budget shall establish a Center for of paragraph (1), a function shall be consid- any activity to provide any products or serv- Commercial Activities within the Office of ered an inherently governmental function if ices that can be provided by the private sec- Management and Budget. the function is so intimately related to the tor. (2) RESPONSIBILITIES.—The Center— public interest as to mandate performance (2) TRANSACTIONS BETWEEN GOVERNMENTAL (A) shall be responsible for the implemen- by Federal Government employees. Such ENTITIES.—No agency may obtain any goods tation of and compliance with the policies, functions include activities that require ei- or services from or provide any goods or standards, and procedures that are set forth ther the exercise of discretion in applying services to any other governmental entity. in this Act or are prescribed to carry out this Federal Government authority or the mak- (c) EXCEPTIONS.—Subsections (a) and (b) do Act; and ing of value judgments in making decisions not apply to goods or services necessary for (B) shall provide agencies and private sec- for the Federal Government, including judg- or beneficial to the accomplishment of au- tor entities with guidance, information, and ments relating to monetary transactions and thorized functions of an agency under the other assistance appropriate for facilitating entitlements. An inherently governmental following conditions: conversions to use of private sector entities function involves, among other things, the (1) Either— for providing goods and services on behalf of interpretation and execution of the laws of (A) the goods or services are inherently the Federal Government. the United States so as to— governmental in nature within the meaning SEC. 5. STUDY AND REPORT ON COMMERCIAL AC- (i) bind the United States to take or not to of section 6(b); or TIVITIES OF THE GOVERNMENT. take some action by contract, policy, regula- (B) the Director of the Office of Manage- (a) ANNUAL PERFORMANCE PLAN.—Section tion, authorization, order, or otherwise; ment and Budget determines that the provi- 1115(a) of title 31, United States Code, is (ii) determine, protect, and advance its sion of the goods or services is otherwise an amended— economic, political, territorial, property, or inherently governmental function. (1) by striking ‘‘and’’ at the end of para- other interests by military or diplomatic ac- (2) The head of the agency determines that graph (5); tion, civil or criminal judicial proceedings, the goods or services should be produced, (2) by striking the period at the end of contract management, or otherwise; provided, or manufactured by the Federal paragraph (6) and inserting ‘‘; and’’; and (iii) significantly affect the life, liberty, or Government for reasons of national security. (3) by adding at the end the following: property of private persons; (3) The Federal Government is determined ‘‘(7) include— (iv) commission, appoint, direct, or control to be the best value source of the goods or ‘‘(A) the identity of each program activity officers or employees of the United States; or services in accordance with regulations pre- that is performed for the agency by a private (v) exert ultimate control over the acquisi- scribed pursuant to section 4(a)(2)(C). sector entity in accordance with the Free- tion, use, or disposition of the property, real (4) The private sector sources of the goods dom From Government Competition Act of or personal, tangible or intangible, of the or services, or the practices of such sources, 1997; and United States, including the control or dis- are not adequate to satisfy the agency’s re- ‘‘(B) the identity of each program activity bursement of appropriated and other Federal quirements. that is not subject to the Freedom From funds. SEC. 4. ADMINISTRATIVE PROVISIONS. Government Competition Act of 1997 by rea- (B) FUNCTIONS EXCLUDED.—For the pur- (a) REGULATIONS.— son of an exception set forth in that Act, to- poses of paragraph (1), inherently govern- (1) OMB RESPONSIBILITY.—The Director of gether with a discussion specifying why the mental functions do not normally include— the Office of Management and Budget shall activity is determined to be covered by the (i) gathering information for or providing prescribe regulations to carry out this Act. exception.’’. advice, opinions, recommendations, or ideas (2) CONTENT.— (b) ANNUAL PERFORMANCE REPORT.—Sec- to Federal Government officials; (A) PRIVATE SECTOR PREFERENCE.—Con- tion 1116(d)(3) of title 31, United States Code, (ii) any function that is primarily ministe- sistent with the policy and prohibitions set is amended— rial or internal in nature (such as building forth in section 3, the regulations shall em- (1) by striking ‘‘explain and describe,’’ in security, mail operations, operation of cafe- phasize a preference for the provision of the matter preceding subparagraph (A); terias, laundry and housekeeping, facilities goods and services by private sector sources. (2) in subparagraph (A), by inserting ‘‘ex- operations and maintenance, warehouse op- (B) FAIRNESS FOR FEDERAL EMPLOYEES..—In plain and describe’’ after ‘‘(A)’’; erations, motor vehicle fleet management order to ensure the fair treatment of Federal (3) in subparagraph (B)— and operations, or other routine electrical or Government employees, the regulations— (A) by inserting ‘‘explain and describe’’ mechanical services); or (i) shall not contravene any law or regula- after ‘‘(B)’’; and (iii) any good or service which is currently tion regarding Federal Government employ- (B) by striking ‘‘and’’ at the end; or could reasonably be produced or per- ees; and (4) in subparagraph (C)— formed, respectively, by an entity in the pri- (ii) shall provide for the Director of the Of- (A) by inserting ‘‘explain and describe’’ vate sector. fice of Management and Budget, in consulta- after ‘‘infeasible,’’; and tion with the Director of the Office of Per- (B) by inserting ‘‘and’’ at the end; and FREEDOM FROM GOVERNMENT COMPETITION sonnel Management, to furnish information (5) by adding at the end the following: ACT—SECTION-BY-SECTION ANALYSIS on relevant available benefits and assistance ‘‘(D) in the case of an activity not per- Sec. 1. Bill entitled ‘‘Freedom from Gov- to Federal Government employees adversely formed by a private sector entity— ernment Competition Act.’’ affected by conversions to use of private sec- ‘‘(i) explain and describe whether the activ- Sec. 2. Establishes findings and declara- tor entities for providing goods and services. ity could be performed for the Federal Gov- tions, including—The private sector con- (C) BEST VALUE SOURCES.— ernment by a private sector entity in accord- stitutes the strength of the American econ- (i) STANDARDS AND PROCEDURES.—The regu- ance with the Freedom From Government omy; Private sector is the most efficient pro- lations shall include standards and proce- Competition Act of 1997; and vider of goods and services; Government

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competition is harmful to the private sector, GROUPS SUPPORTING THE ‘‘FREEDOM FROM When the delegates to the White House including small business and has been identi- GOVERNMENT COMPETITION ACT’’ Conference on Small Business (June 1995) fied as such by the three sessions of the National Federation of Independent Busi- made unfair competition by governments White House Conference on Small Business nesses (NFIB), U.S. Chamber of Commerce, and nonprofits one of their top issues they (1980, 1986, 1994); Entrepreneurial government American Consulting Engineers Council had in mind the dramatic way in which the diverts agencies from their core missions (ACEC), ACIL (Formerly the American Coun- U.S. government competes unfairly with and results in unfair government competi- cil of Independent Laboratories), Business small businesses. Of 434 issues, the following recommenda- tion with the private sector; Current laws Coalition for Fair Competition (BCFC), Busi- tion by 1,800 elected and appointed delegates and policies have failed to address the prob- ness Executives for National Security lem; Reliance on the private sector is con- was one of their top fifteen: (BENS), Contract Services Association, De- Government and Nonprofit Competition.— sistent with recently enacted government re- sign Professionals Coalition, Management form legislation, including the Government Support fair competition: Congress should Association for Private Photogrammetric enact legislation that would prohibit agen- Performance and Results Act and Federal Surveyors (MAPPS), Procurement Round- cies, tax-exempt and antitrust-exempt orga- Workforce Restructuring Act; and It is in table, Professional Services Council (PSC), nizations from engaging in commercial ac- the public interest to rely on the private sec- and Small Business Legislative Council. tivities in direct competition with small tor for commercially available goods and businesses. (Foundation for a New Century: services and to assist those government em- CHAMBER OF COMMERCE OF THE A Report to the President and Congress, by ployees adversely affected by conversions of UNITED STATES OF AMERICA, the White House Conference on Small Busi- government activities to the private sector. Washington, DC, February 5, 1997. ness, September 1995.) Sec. 3. Establishes a general policy of reli- Members of the United States Senate: This recommendation originated at the ance on the private sector. The ‘‘Freedom from Government Competi- state level where delegates complained that tion Act of 1997’’ (FFGCA), to be introduced a major competitor for many small busi- Provides that the government should rely by Senator Thomas, is a common sense bill nesses is the Federal government. on the private sector for goods and services that requires federal agencies and depart- except under certain conditions (listed FREEDOM FROM GOVERNMENT COMPETITION ACT ments to procure goods and services from the below). The government may not obtain Currently, hundreds of thousands of Fed- private sector whenever possible. The bill goods and services from or provide goods and eral employees are producing billions of dol- precludes federal offices from starting or services to any other governmental entity. lars worth of products and services. carrying on any activity if that product or This bill establishes as new national policy Provide exceptions to this general policy service can be provided by a commercial full and uncompromised reliance on the pri- for—Goods or services that are ‘‘inherently source. The U.S. Chamber of Commerce vate sector for goods and services. governmental’’ in nature as defined in the strongly urges you to co-sponsor this legisla- This historic and precedent-setting legisla- bill or as determined by OMB; Goods or serv- tion. tion would for the first time eliminate gov- ices that must be provided by the govern- A balanced federal budget is a bipartisan ernment competition as a matter of national ment for reasons of national security; Goods goal that is the Chamber’s top priority. Re- policy. or services for which the Federal government ducing government infrastructure and over- The Business Coalition for Fair Competi- is the ‘‘best value’’ source; and Goods or head is a necessary step in reaching a bal- tion, a coalition of national associations, services for which private sector capabilities anced budget, yet federal agencies and de- supports the Freedom From Government or practices are not adequate to satisfy the partments continue to perform countless Competition Act which states that govern- government’s requirements. services and functions that could be per- ment may conduct only operations that are Sec. 4. Provides administrative provisions formed more efficiently and cost effectively so ‘‘inherently governmental’’ that the pub- to implement the Act.—Authorizes OMB to by competitive private sector enterprises, lic interest requires production or perform- prescribe regulations to implement the Act; saving billions of dollars annually. Addition- ance by a Government employee. For exam- Requires regulations to be consistent with ally, government competition with the pri- ple, the definition of ‘‘inherently’’ would the policy of preference for the private sec- vate sector is at an unacceptably high level, only apply to such narrowly defined areas as tor as established in section 3; Establishes both in scope and in dollar volume. specific parts of law enforcement and armed forces missions. The bill allows the govern- regulations to preserve existing Federal em- The Freedom from Government Competi- ment to do the work if ‘‘there is no private ployee benefits and requires OMB consulta- tion Act establishes a consistent government source capable of providing the good or serv- tion with OPM on providing information to policy that relies upon the private sector to ice.’’ In the case of commercial activities, Federal employees on relevant benefits and provide goods and services necessary for the private industry can do almost everything assistance for those affected by a conversion operation and management of federal agen- any government needs done. of an activity from government to private cies and departments. This policy will serve sector performance; Requires OMB regula- as an important tool to ensure the reduction EXECUTIVE BRANCH PROPOSALS tions to create level playing field for deter- of unnecessary infrastructure and overhead In 1993, Vice President Gore stated: ‘‘Every mination of the ‘‘best value’’ (see Sec. 3 that is critical to balanced budget initia- federal agency needs support services—ac- above), including all direct and indirect tives. counting, property management, payroll costs (in accordance with accepted cost-ac- The FFGCA provides exceptions to the bill, processing, legal advice, and so on. Cur- counting principles), qualifications, past per- however, for goods or services that are inher- rently, most managers have little choice formance and other technical and non-cost ently governmental, necessary for national about where to get them; they must use factors, developed in consultation with the security, or are so unique or of such a nature what’s available in house. But no manager public and private sector; Requires OMB to that they must be performed by the govern- should be confined to an agency monopoly.’’ establish a process for determining activities ment. The bill requires equal cost compari- The Administration then created new au- that should continue to be performed by the son of public and private functions and ex- thorities and opportunities for the Executive government; and Establishes a ‘‘Center for empts goods and services performed by the Branch to do commercial work by issuing a Commercial Activities’’ in OMB to imple- government if the production or manufac- ‘‘Revised Supplemental Handbook on Per- formance of Commercial Activities, Circular ment the Act, assure proper compliance, and ture by a government source represents the No. A–76.’’ We warned the Administration provide guidance, information and assistance best overall value. December 15, 1995 that their revisions would to agencies and the private sector on con- The U.S. Chamber believes broad Congres- not meet with support from the delegates to verting activities from the government to sional support for legislation such as the the White House Conference on Small Busi- the private sector. Freedom from Government Competition Act is vital to achieving a balanced budget and ness. Sec. 5. Requires studies and reports on im- urges your co-sponsorship of this bill as an The OMB revisions do not provide any en- plementation of the Act.—Rather than cre- important indication of your support of couragement to small businesses. For exam- ating new reporting requirements, the bill small business. For further information ple, the revisions: 1. Allow any work that can be done by ten amends the Government Performance and please contact Chris Jahn of Senator Thom- or fewer Federal employees to be kept in- Results Act to include annual reports on as’ staff at 224–6441 or Jody Olmer of the U.S. house. agency activities converted to contract and Chamber at (202) 463–5522. those maintained in-house by the agency. 2. Encourage agencies to keep ‘‘core’’ Sincerely, teams intact so the agency always has the Also requires establishment of a schedule for R. BRUCE JOSTEN. converting to the private sector those activi- capability of doing bigger things when more ties that can be performed by the private funding is available. BUSINESS COALITION FOR sector. 3. Discourage any small business from pro- FAIR COMPETITION, posing to do a government job. Sec. 6. Provides definitions of terms used Annandale, VA, February 12, 1997. 4. Discourage agencies from giving serious in the Act.—Defines ‘‘agency’’ consistent Hon. CRAIG THOMAS, consideration to any proposal from a small with existing law; and Defines ‘‘inherently Washington, DC. business. governmental’’ consistent with the existing SENATOR THOMAS: We write to support the 5. Allow government agencies to spend up Office of Federal Procurement Policy defini- Freedom From Government Competition Act to 10 percent more than the private sector tion. (OFPP Letter 92–1). of 1997. for the same work.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1313 6. Encourage government agencies to do nance and modernization of weapons, and petition from military exchanges in the sale more contracting with each other. management of military bases. of consumer electronics products and other Many agencies complained to OMB in De- The Washington Post reported ‘‘The De- items. Military exchanges are among top 10 cember 1995 that the A–76 system is awkward fense Department has said it can save bil- retailers in the US measured by sales vol- and cumbersome, inhibiting rather than em- lions of dollars by contracting out, or ‘out- ume. They compete unfairly because they do powering. sourcing’ a wide range of military functions. not collect sales taxes, do not pay for land In fact, the whole A–76 system is built . . . That way, the Pentagon reasons, it will and are not subject to federal antitrust laws. around ‘‘cost comparisons’’ which exceed the have more money for its combat and human- CONTRACT SERVICES: PRIVATE SECTOR OFFERS depth and length of a Ph.D dissertation. The itarian duties.’’ THE BEST VALUE system advocated by the Executive Branch is On the other hand the Army Corps of Engi- Members of the Contract Services Associa- fatally flawed. neers is extensively in the campground busi- tion of America who provide services of On the one hand the Supplemental Hand- ness. The Army plans a hotel on Ft. Myer to every conceivable type, from low to high book attempts to make the cost comparison complete with the 9,110 hotel rooms already technologies, point to studies and analyses system more rigorous. But, on the other available from commercial companies in Ar- which show that outsourcing of commercial hand, the Supplemental Handbook imple- lington, Virginia. And the Air Force pro- activities will result in substantially re- ments a recommendation of the National poses to repair the jet engines of commercial duced costs to the government with at least Performance Review helping agencies mar- airlines. equal quality, but more often, improve qual- ket themselves to other agencies, thus by- On the one hand, the Chairman of the ity of service. The outsourcing of commer- passing the need to rely on the private sec- Joint Chiefs of Staff, General John M. cial activities must be seen not only as a tor. Shalikashivili told the Senate Armed Serv- matter of logic and fairness to the private Supporting an amendment you offered in ices Committee: ‘‘We must continue to push sector, but also as a guarantor of the Amer- the 104th Congress, the Senate voted 59–39 to with all energy acquisition reforms, com- ican taxpayer obtaining the best value for request restrictions on the unchecked pro- mercial off-the-shelf opportunities, privat- his or her tax dollar. liferation of ‘‘Interservice Support Agree- ization, outsourcing of non-core activities, ments.’’ Despite the Senate vote, the Admin- and further reductions of our infrastruc- LAUNDRY SERVICES: VA BIDS FOR PRIVATE istration has done nothing to restrain the ture.’’ SECTOR WORK growth of such agreements. On the other hand, a war could have come A laundry in Sioux Falls, South Dakota, Today some Federal agencies provide busi- and gone by the time DOD does a cost com- found that the Department of Veteran Af- ness services to state and local governments parison. In its recommendations to the Of- fairs bid against him on a contract to pro- and to private entities. This activity has nei- fice of Management and Budget, the Depart- vide laundry services to a children’s home. ther been authorized by Congress nor is it ment reported it needs not 36 months but 48 When he questioned the VA about competing regulated by A–76. months to conduct cost studies before con- directly with the private sector, he was told PRIVATE SECTOR RELIANCE WORKS tracting out. Studies of this length are ex- that VA needed to increase its revenues. cessive and underscore the impracticability Can Federal managers be more effective HEARING AIDS: GOVERNMENT COMPETITION of the Administration’s position. outsourcing contracts than supervising thou- The International Hearing Society, whose sands of Federal employees doing commer- THE U.S. FOREST SERVICE: HEAD-TO-HEAD members dispense the majority of hearing cial work? Outsourcing works for private in- COMPETITION aids in the United States, report that gov- dustry where managers are doing more out- A small campground business was forced ernment competition erodes the client base sourcing than ever. DOD says it works for out of business by the Federal government in of taxpaying hearing aid specialists. Unfet- them. NASA outsources almost the entire 1996. When the U.S. Forest Service began a tered government competition with hearing space program using thousands of private new campground in Payson, Arizona, at the aid specialists and other taxpaying small sector contracts. Tonto National Forest, they went into busi- business men and women undermines the By getting the government out of business, ness right across the highway from a for- free market. IHS urges swift enactment of as proposed by the Freedom From Govern- profit small campground business. Using $3 this legislation, which will help to level the ment Competition Act, Congress can return million of taxpayers money, they went di- competitive playing field and generate in- agencies to their core functions such as es- rectly ‘‘in your face,’’ despite admonishment creased opportunity for private sector busi- tablishing safety rules. To achieve this from the Forest Service Policy Manual ness concerns, including hearing aid special- change, public administrators will need more which discourages competition with the pri- ists. training and supervision in the management vate sector. While the Business Coalition for EXECUTIVE ORDER INSPIRING THE of outsourcing. Passage of this bill will re- Fair Competition and the National Associa- ENTREPRENEURIAL DRIVE sult in a dramatic and long-overdue change tion of RV Parks and Campgrounds (ARVC) When we investigated why so many Fed- in the way the government operates. have opposed this new campground. The For- eral agencies are increasing their competi- est Service plunged ahead. The private FREEDOM FROM GOVERNMENT COMPETITION tion with the private sector, it became clear campground was forced to close. ACT: SAVES MONEY AND TIME that Executive Orders from the White House This is an example of why A–76 does not We need a fresh start on this problem. This and directions from the National Perform- work: the Forest Service argues that they bill is that fresh start. Whereas DOD did ance Review are inspiring Federal workers don’t have to adhere to OMB Circular A–76 many cost comparisons in the 1980s, they do toward being more entrepreneurial. Agencies except in the selection of vendors. The build- few today. If the A–76 system has failed at are justifying their new commercial drive by or-not-build decision is unaffected by the DOD, why does the Administration continue referring to the new Administration policy. Circular. Establishing a government-owned to impose the system on the whole govern- In contrast to the work of the Congress in campground is a policy matter not a pro- ment? The Freedom From Government Com- downsizing government, this new entrepre- curement or acquisition matter, in the eye of petition Act is a far better approach. neurial spirit is a loophole giving Federal the Federal government. There is no Federal In comparison to the OMB’s expensive 36- employees an alternative for saving their policy or regulation forcing the Forest Serv- month cost-study approach, the bill’s ap- job: if their agency can win a contract for ice to study the impact of their construction proach is far preferable; the costs and time providing a service to another agency or on small business. Nor is there any Federal wasted in thousands of studies need not with someone in the private sector, work rule that requires the Forest Service to lis- occur. Under this legislation, the Federal will continue. In this way, the will of the ten to the appeal of any small policy would be to rely on the private sector. Congress to reduce government will be businessperson who appeals or makes a The government would get out of certain thwarted. counter proposal. businesses. Federal employees would manage In a meeting with the White House, we but not perform various contracts awarded SURVEYING AND MAPPING: $1 BILLION FEDERAL were told the Administration urges agencies to the private sector. BUSINESS such as all the Federal labs to (1) save them- Agency employees would shift from being The Federal Government spends $1 billion selves despite Congressional budget reduc- direct service providers to managers of serv- annually on surveying and mapping in some tions (2) seek business from agencies and the ice contracts. Federal personnel manage- 39 agencies, employing nearly 7,000 Federal private sector and (3) do as much work as ment training would shift from supervision workers. Less than 10% of the $1 billion of possible in-house (vs. outsourcing). of extensive commercial activities to man- Federal expenditure is contracted to the pri- The Administration’s position drives us to agement of contracts. These changes have al- vate sector for these services. A private sec- conclude that only the Freedom From Gov- ready begun to work for the DOD and NASA. tor comprised of more than 6,000 surveying ernment Competition Act will work. It can work for the whole Executive Branch. and 250 mapping firms have capabilities to DEFENSE RELIANCE ON THE PRIVATE SECTOR meet and exceed those of the government DEPARTMENT OF DEFENSE Thanks to the 104th Congress and an initia- agencies. During the U.S. military operations in tive by Congressman John Duncan of Ten- Bosnia, the Department used private firms MILITARY EXCHANGES: TAKING OVER RETAIL nessee the Defense Authorization bill called to provide health care, payroll, accounting, MARKETS on the Defense Department to promptly pro- data management, supply management, lo- Members of the North American Retail vide information on the government’s com- gistics, transportation, security, mainte- Dealers Association document direct com- mercial activities: a solid step in the right

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1314 CONGRESSIONAL RECORD — SENATE February 12, 1997 direction. Section 357 of Public Law 104–106 The Task Force said A–76 competitions National Community Pharmacists Associa- stated: ‘‘The Secretary shall identify activi- ‘‘fail to fully consider other important fac- tion ties of the Department . . . that are carried tors such as the bidder’s capability to im- National Tour Association out by employees of the Department to pro- prove the quality and responsiveness of serv- Professional Services Council vide commercial-type products or services ice delivery. . . . By outsourcing broad busi- Small Business Legislative Council for the Department. . . .’’ ness areas, DoD can provide vendors with Society of Travel Agents in Government The passage of this measure caused the De- greater opportunity to reengineer proc- Textile Rental Services Association partment of Defense to issue a report titled esses—and greater potential to achieve United Motorcoach Association ‘‘Improving the Combat Edge Through Out- major improvements in service quality and By Mr. HARKIN: sourcing’’ (March 1996) which shows that cost.’’ S. 315. A bill to amend the Internal leaders in DOD want the extensive savings Despite its shortcomings, the A–76 system Revenue Code of 1986 to reduce tax ben- they can achieve through outsourcing. has saved DoD $1.5 billion per year. ‘‘A more efits for foreign corporations, and for PRIVATIZATION TASK FORCE aggressive DoD initiative will yield propor- tionally greater benefits,’’ the report states. other purposes; to the Committee on Narrowed from a list of a dozen rec- Finance. ommendations submitted by President Clin- The Task Force summarized data from pri- vate enterprise indicating that companies THE CORPORATE WELFARE REDUCTION ACT ton, the 104th Congress passed legislation to ∑ privatize the U.S. Enrichment Corporation, save 10–15 percent when outsourcing $100 bil- Mr. HARKIN. Mr. President, there’s a the Naval Petroleum Reserve, the Alaska lion worth of functions. Ninety percent of story that’s told about the film actor Power Marketing Administration and the company executives report that outsourcing and comedian W.C. Fields. He was National Helium Reserve. The sale of these is successful, according the Outsourcing In- hardly religious, but on his deathbed a Federal assets will (1) generate to the US stitute’s ‘‘Purchasing Dynamics, Expecta- tions, and Outcomes, 1995.’’ friend discovered him reading the Treasury several billion dollars and (2) save Bible. So he asked Fields what we he GENERAL ACCOUNTING OFFICE SUPPORTED annual costs of staffing, maintenance and was doing—and the actor responded operations. CONGRESSIONAL ACTION AS LONG AGO AS 1981 Congress has also authorized the outsourc- ‘‘Although it has been the executive with characteristic dry wit, ‘‘I’m look- ing of forecasting functions of the National branch’s general policy since 1955 to rely on ing for loopholes.’’ Weather Service, commercial real estate bro- contractors for these commercial goods and For too long, many multinational kerage at the General Services Administra- services, agency compliance with this policy firms and foreign corporations oper- tion, debt collection at the Internal Revenue has been inconsistent and relatively ineffec- ating in this country have done the Service, and experimental privatization of tive,’’ the GAO reported to Congress June 19, same thing with the United States Tax several airports. 1981. Code. They have searched our tax laws DEFENSE SCIENCES BOARD AND THE HERITAGE Little has changed. Agency compliance for loopholes—and carved out special- FOUNDATION RECOMMEND CONTRACTING OUT with this policy continues to be lax. Much of what GAO wrote about this subject in the interest breaks to avoid paying their AND PRIVATIZATION fair share. And they’ve done it with At the beginning of the 104th Congress, the last two decades still applies. Here is what GAO said in 1981: ‘‘Circular A– great success. Today, for example, over Heritage Foundation issued two reports: 76 provides that it is the executive branch’s seventy percent of foreign-based cor- Showing that Congress could cut Federal general policy to rely on the private sector spending by $9 billion per year by con- porations in the United States pay no for goods and services unless it is more eco- tracting out routine support services to the Federal income tax. Meanwhile work- nomical to provide them in-house. Federal private sector. Showing that Congress could ing families who play by the rules purchases of goods and services from the pri- save $11 billion in a single year by struggle just to make ends meet. This vate sector cost about $117 billion in fiscal privatizing nine Federal activities and by year 1980. Although this policy to rely on the is simply wrong and as a matter of eliminating various barriers to privatization private sector has existed for over 25 years, basic fairness, it must end. established by Congress. OMB information shows that as many as So today, Mr. President, I rise to in- In late 1996, the Defense Science Board troduce the Corporate Welfare Reduc- Task Force released its report ‘‘Outsourcing 400,000 Federal employees are currently oper- and Privatization’’ to the Office of the Under ating more than 11,000 commercial or indus- tion Act of 1997 which will save tax- Secretary of Defense for Acquisition and trial activities at almost $19 billion annu- payers over $20 billion over the next 6 Technology. ally. These employees represent almost one- years. Companion legislation has been The Task Force included military, private fourth of the total executive branch civilian introduced in the other body by my sector and academic participants and was work force.’’ In 1981, GAO advised Congress as follows: friend and colleague Representative chaired by Philip A. Odeen, President and LANE EVANS. Now is the time to act on CEO, BDM International, Inc. ‘‘We believe the Congress should act on our earlier recommendation to legislate a na- this measure. The Task Force predicts that the Depart- In the coming days, we will take up ment of Defense can save 30–40% of costs ‘‘by tional policy of reliance on the private sec- outsourcing services for their own use. Local tor for goods and services.’’ a constitutional amendment to balance commanders that achieve an aggressive DoD GAO’s advice in 1981 is still appropriate the Government’s budget. I will vote outsourcing initiative could generate annual today. Therefore, the only recourse is for for it. I believe we must get our finan- savings of $7 to $12 billion by FY 02. . . . adoption by Congress of a new national pol- cial house in order if we are to pass on Local commanders that achieve outsourcing icy of reliance on the private sector as pro- to future generations a legacy of hope, posed by the Freedom From Government objectives should be rewarded with pro- and not a legacy of debt. motions and desirable assignments.’’ Competition Act. KENTON PATTIE, But if we are going to balance our The report concludes by stating ‘‘DoD is Government’s budget—and keep it bal- left with only one practical alternative to Executive Director. meet its future modernization requirements: anced in the years to come—every tax- sharply reduce DoD support costs, and apply BUSINESS COALITION FOR FAIR COMPETITION payer will have to do their part. the savings to the procurement account. The 1997 There’s no doubt that working families Task Force firmly believes that extensive ACIL (Formerly the American Council of and small businesses on Main Street al- savings can be achieved—if DoD is willing to Independent Laboratories) ready are contributing significantly. abandon its traditional reliance on in-house American Bus Association But foreign-based and multinational support organizations in favor of a new sup- American Society of Travel Agents corporations simply have not paid port paradigm that capitalizes upon the effi- Colorado Coalition for Fair Competition Helicopter Association International their fair share. ciency and creativity of the private sector.’’ One of the central goals of Govern- The report estimates ‘‘the number of DoD IHRSA (The International Health, Racquet personnel actually engaged in commercial- and Sportsclub Association) ment policy—particularly tax policy— type activities greatly exceeds the 640,000 International Association of Environmental ought to be promoting investment in total . . . contractors could perform most of Testing Laboratories our people and in our businesses here the work currently executed by these civil- International Hearing Society at home. For too long, though, our tax ian employees.’’ Management Association for Private Photo- policies have had it backwards—re- The Task Force was opposed to the current grammetric Surveyors warding U.S. companies that move system of reliance on OMB Circular A–76. National Association of RV Parks and Camp- overseas and granting unfair tax give- ‘‘A–76 public/private competitions are ex- grounds tremely time-consuming, biased in favor of National Association of Women Business aways to foreign subsidiaries in this the government entity, and concentrated in Owners country. narrow, labor-intensive support functions in- National Burglar and Fire Alarm Associa- American businesses shouldn’t be volving relatively small numbers of govern- tion forced to compete against foreign sub- ment employees.’’ National Child Care Association sidiaries here that don’t pay their fair

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1315 share of taxes. And American workers THE NATIONAL GEOLOGIC MAPPING Americans who strive every day to af- shouldn’t be left out in the cold be- REAUTHORIZATION ACT OF 1997 ford a house of their own are unfairly cause our tax laws encouraged compa- ∑ Mr. CRAIG. Mr. President, I am paying for private mortgage insurance nies to ship jobs away and ship prod- today introducing on behalf of myself which is not required and is no longer ucts back. and my cosponsors Senators BRYAN, necessary. We must not have current That is why I am introducing the COCHRAN, and BENNETT, a bill to reau- and future homeowners paying up to Corporate Welfare Reduction Act. This thorize the highly successful National hundreds of millions of dollars a year legislation contains six main provi- Geologic Mapping Act of 1992. The act for insurance that serves no useful pur- sions. established a cooperative geologic pose. This is a practice which must be First, it ends the use of transfer pric- mapping program among the U.S. Geo- stopped. Today, it is unethical. Tomor- ing rules by multinational corpora- logical Survey, State geological sur- row, after this bill becomes law, it will tions to lower their U.S. tax liability. veys, and geological programs at insti- be illegal. This legislation is intended Multinational companies often sell a tutions of higher education in the to stop this injustice, while still pro- product to their subsidiaries at a dis- United States. The goal of this pro- viding lenders with fair protection counted price—effectively increasing a gram is to accelerate and improve the against default. company’s income while decreasing its efficiency of detailed geologic mapping In 1995, almost 6 million Americans U.S. tax liability. This bill would re- of critical areas in the Nation by co- bought homes. Approximately 2 million strict a company’s interagency pricing ordinating and using the combined tal- of those homeowners also purchased policies and, instead, tax the sale of ents of the three participating groups. private mortgage insurance. Today, products at their fair market value. Detailed geologic mapping is an in- over 40 percent of new homeowners Second, the bill disallows the prac- dispensable source of information for a purchase private mortgage insurance. tice of ‘‘sourcing’’ income from the sale broad range of societal activities and Thousands of American homeowners— of inventory property. In many cases, benefits, including the delineation and perhaps as many as 20 percent of home- multinational corporations pass the protection of sources of safe drinking owners who have private mortgage in- title of sale to a foreign-owned sub- water; assessments of coal, petroleum, surance—are overinsuring their homes sidiary in order to avoid paying U.S. natural gas, construction materials, simply because they are not informed taxes even though the sale is com- metals, and other natural resources; of whether they have the right to can- pleted in the United States. understanding the physical and biologi- cel private mortgage insurance. Third, it limits the excessive use of cal interactions that define eco- Many homeowners are being forced tax credits taken by multinational cor- systems, and that control, and are a to make payments for private mort- porations on foreign oil and gas extrac- measure of environmental health; iden- gage insurance even after they have ac- tion income [FOGEI] and foreign oil re- tification and mitigation of natural cumulated substantial equity in their lated income [FORI]. U.S. tax credits hazards such as earthquakes, volcanic homes; they continue to pay for pri- should only be applied against foreign eruptions, landslides, subsidence, and vate mortgage insurance long after the taxes, not the fees and royalties as- other ground failures; and many other loan-to-value ratio is sufficient to pro- sessed by foreign nations. resource and land-use planning require- tect lenders against default. Private Fourth, it narrows section 911 of the ments. mortgage insurance rates average be- tax code that exempts the first $70,000 Only about 20 percent of the Nation tween $20 and $100 per month, depend- of earned income from U.S. taxes for is mapped at a scale adequate to meet ing on the home purchase price, the American citizens living and working these critical needs. Additional high- amount of downpayment and other fac- abroad. However, this bill would allow priority areas for detailed geologic tors. These consumers are unknow- those persons who work for non-profit mapping have been identified at State ingly paying from $240 a year to $1,200 organizations to still claim this exemp- level by State-map advisory commit- a year for absolutely no reason—no po- tion and would allow all U.S. citizens tees, and include Federal, State, and tential benefit can accrue to the home- working abroad to deduct their chil- local needs and priorities. owner who is unnecessarily paying for dren’s education expenses up through Funding for the program has been in- this insurance. When the legitimate high school. corporated in the budget of the U.S. need for private mortgage insurance Fifth, it ends the tax-exempt status Geological Survey. State geological ends, the payments should stop imme- of foreign investors who buy private- surveys and university participants re- diately. issued debt by requiring these persons ceive funding from the program My legislation, the Homeowners’ to pay a 30-percent withholding tax on through a competitive proposal process Protection Act, would ensure that this the interest they earned on the bonds. that requires 1:1 matching funds from unfair practice is discontinued by giv- Finally, this legislation would end the applicant. ing future homeowners the right to the exemption of foreign individuals Mr. Chair, I urge my colleagues to cancel private mortgage insurance from capital gains taxes on the sale of join me to ensure the continued effi- when it is no longer needed to protect stock in a U.S. corporation—unless cient collection and availability of this the homeowner—in most cases, when they spend more than half the year in fundamental earth-science informa- they accumulate equity equal to 20 per- the United States. tion.∑ cent of their original loan value. With The revenue raised in this legislation respect to existing mortgages, the from closing these loopholes will go By Mr. D’AMATO: Homeowners’ Protection Act would solely to deficit reduction. As I said, in S. 318. A bill to amend the Truth in mandate disclosure of cancellation a time when we are trying to reach a Lending Act to require automatic can- rights to the homeowner on an annual balanced budget, everyone must pay cellation and notice of cancellation basis. This important legislation po- their fair share. rights with respect to private mortgage tentially could save current and future Mr. President, this is a common insurance which is required by a cred- homeowners millions of dollars. sense bill that will provide some fair- itor as a condition for entering into a Now let me make one thing clear— ness to working families and integrity residential mortgage transaction, and private mortgage insurance does serve to our Tax Code. I urge my colleagues for other purposes; to the Committee a purpose. Typically, lenders require to join me in supporting this common on Banking, Housing, and Urban Af- home buyers to purchase private mort- sense measure.∑ fairs. gage insurance if the borrower makes a THE HOMEOWNERS’ PROTECTION ACT OF 1997 downpayment of less than 20 percent of By Mr. CRAIG (for himself, Mr. ∑ Mr. D’AMATO. Mr. President, I in- the purchase price. The purpose of the BRYAN, Mr. COCHRAN, and Mr. troduce legislation that seeks to pro- insurance is to provide lenders, and BENNETT): tect our Nation’s homeowners, particu- subsequent purchasers of the mortgage, S. 317. A bill to reauthorize and larly low-income and first-time home with protection in the event of default amend the National Geologic Mapping buyers, from having to pay for unnec- on the mortgage. It is in the best inter- Act of 1992; to the Committee on En- essary and costly private mortgage in- est of all Americans that lenders have ergy and Natural Resources. surance. Thousands of hard working fair protection against default, so as to

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1316 CONGRESSIONAL RECORD — SENATE February 12, 1997 ensure their continued safety and a consumer is required to obtain and main- means a principal balance outstanding on a soundness. Together, we can encourage tain private mortgage insurance as a condi- residential mortgage equal to less than 80 the pursuit of the American dream of tion for entering into a residential mortgage percent of the original value (at the time at transaction, the person servicing the mort- home ownership without allowing the which the consumer entered into the original gage shall include in or with each written residential mortgage transaction) of the fleecing of homeowners in the process. statement of account provided to the con- property securing the loan. I strongly encourage my colleagues sumer, beginning with the first such state- ‘‘(h) APPLICABILITY.—This section, other to join me in support in this legislation ment following the date of enactment of the than as provided in subsection (d), shall which will help to make sure that Homeowners Protection Act of 1997, while apply with respect to residential mortgage money for unnecessary insurance pre- such insurance is in effect, but not less than transactions entered into beginning 90 days miums stays where it belongs—in annually— after the date of enactment of the Home- ‘‘(1) the information required to be dis- owners Protection Act of 1997.’’. homeowners’ pockets. closed under subsections (b) and (c); or Mr. President, I ask unanimous con- (b) CLERICAL AMENDMENT.—The table of ‘‘(2) a clear and conspicuous written state- sections for chapter 2 of the Truth in Lend- sent that the text of the bill be printed ment containing— ing Act (15 U.S.C. 1631 et seq.) is amended by in the RECORD. ‘‘(A) a statement that the consumer may striking the item relating to section 126 and There being no objection, the bill was cancel the private mortgage insurance and a inserting the following: ordered to be printed in the RECORD, as description of the circumstances under ‘‘126. Cancellation rights for private mort- follows: which such a cancellation may be made; and gage insurance.’’.∑ S. 318 ‘‘(B) an address and telephone number that the consumer may use to contact the cred- Be it enacted by the Senate and House of Rep- By Ms. MOSELEY-BRAUN: itor or the person servicing the mortgage. S. 319. A bill to designate the na- resentatives of the United States of America in ‘‘(e) NOTICES FURNISHED WITHOUT COST TO Congress assembled, THE CONSUMER.— tional cemetery established at the SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—No fee or other cost may former site of the Joliet Arsenal, IL, as This Act may be cited as the ‘‘Homeowners be imposed on any consumer with respect to the ‘‘Abraham Lincoln National Ceme- Protection Act of 1997’’. the provision of any notice or information to tery’’; to the Committee on Veterans’ SEC. 2. NOTIFICATION OF CANCELLATION the consumer pursuant to this section. Affairs. RIGHTS FOR PRIVATE MORTGAGE ‘‘(2) REIMBURSEMENT.—A creditor or subse- THE ABRAHAM LINCOLN NATIONAL CEMETERY INSURANCE. quent servicer of the mortgage may seek re- ACT (a) IN GENERAL.—Chapter 2 of the Truth in imbursement from the issuer of the private Ms. MOSELEY-BRAUN. Mr. Presi- Lending Act (15 U.S.C. 1631 et seq.) is amend- mortgage insurance, with respect to any cost ed by inserting after section 125 the fol- incurred by that creditor or subsequent dent, I rise today, on the 188th anniver- lowing: servicer in providing any notice or informa- sary of the birth of Abraham Lincoln, ‘‘SEC. 126. CANCELLATION RIGHTS FOR PRIVATE tion to the consumer pursuant to this sec- our Nation’s 16th and 1st Republican MORTGAGE INSURANCE. tion. President, to introduce the Abraham ‘‘(a) INSURANCE RATIO STANDARD.— ‘‘(f) EXISTING MORTGAGES.—If a consumer Lincoln National Cemetery bill. Con- ‘‘(1) IN GENERAL.—No consumer, in connec- was required to obtain and maintain private gressman JERRY WELLER, in whose dis- tion with a residential mortgage trans- mortgage insurance as a condition for enter- action, shall be required by the creditor to ing into a residential mortgage transaction trict the newest national veterans cem- obtain or maintain private mortgage insur- occurring before the date of enactment of etery is located, will introduce an iden- ance if that consumer has, or will have at the Homeowners Protection Act of 1997— tical bill in the House of Representa- the time that the transaction is con- ‘‘(1) not later than 180 days after that date tives today. summated, equity in the property that is the of enactment, the creditor shall disclose, in The National Cemetery System was subject of the transaction in excess of the writing, to each such consumer— established by President Lincoln in private mortgage insurance ratio. ‘‘(A) the information described in para- 1862 to provide for the proper burial ‘‘(2) REGULATORY REQUIREMENT.—The graphs (1) and (2) of subsection (c); and and registration of graves of soldiers ‘‘(B) that the private mortgage insurance Board— who died in the Civil War. Since its in- ‘‘(A) shall issue rules to implement para- may, under certain circumstances, be can- graph (1); and celed by the consumer at any time while the ception, the National Cemetery System ‘‘(B) may issue rules exempting certain mortgage is outstanding; and has grown to include 130 military bur- classes of transactions from the provisions of ‘‘(2) the person servicing the mortgage ial grounds and provides places of pri- paragraph (1) if the Board finds that such ex- shall include in or with each written state- vate meditation and reflection for all emption is necessary— ment of account provided to the consumer, who visit its hallowed grounds. None of ‘‘(i) to ensure sound underwriting stand- beginning with the first such statement fol- these cemeteries, however, including ards; or lowing the date of enactment of that Act, the six in Illinois, are named after while such insurance is in effect, but not less ‘‘(ii) to further the availability of credit to President Lincoln. persons who might otherwise be denied cred- than annually— it if paragraph (1) was applied to residential ‘‘(A) the information required to be dis- As you know, President Lincoln had mortgage transactions involving such per- closed under subsection (c); or great affection for ‘‘him who [had] sons. ‘‘(B) a clear and conspicuous written state- borne the battle’’. Perhaps Lincoln’s ‘‘(b) NOTICE OF RIGHT OR LACK OF RIGHT TO ment containing— admiration for our Nation’s veterans is CANCEL.—If a consumer is required to obtain ‘‘(i) a statement that the consumer may be rooted in the fact that Lincoln—a man and maintain private mortgage insurance as able to cancel the private mortgage insur- of peace—had his Presidency marked a condition for entering into a residential ance (if such is the case); and by the scourge of war. He knew all too mortgage transaction, the creditor shall dis- ‘‘(ii) an address and telephone number that well the sacrifices and hardships that close to the consumer the current private the consumer may use to contact the cred- mortgage insurance ratio for the subject itor or the person servicing the mortgage to the defenders of our Nation’s freedom property, in writing, at the time that the determine whether the consumer has the had to bear and the ‘‘cause for which transaction is entered into. right to cancel the private mortgage insur- they [may be called to give their] last ‘‘(c) INFORMATION REQUIRED TO BE DIS- ance and, if so, the conditions and proce- full measure of devotion.’’ President CLOSED.—With respect to each residential dures for canceling such insurance. Lincoln demonstrated his deep affec- mortgage transaction, the creditor shall dis- ‘‘(g) DEFINITIONS.—In this section, the fol- tion for our Nation’s veterans in many close to the consumer, in writing, the fol- lowing definitions shall apply: ways. During the Civil War, he often lowing information at the time the trans- ‘‘(1) MORTGAGE INSURANCE.—The term action is entered into: ‘mortgage insurance’ means insurance, in- visited the sick and wounded stationed ‘‘(1) IDENTIFYING INFORMATION.—Such infor- cluding any mortgage guaranty insurance, in and around Washington, DC. His ad- mation as may be necessary to permit the against the nonpayment of, or default on, a ministration created what is now the consumer to communicate with the creditor mortgage or loan involved in a residential Department of Veterans Affairs and or any subsequent servicer of the mortgage, mortgage transaction. the VA hospital system. Perhaps the concerning the private mortgage insurance ‘‘(2) PRIVATE MORTGAGE INSURANCE.—The greatest demonstration of his love for of that consumer. term ‘private mortgage insurance’ means our Nation’s veterans was his strong ‘‘(2) CANCELLATION PROCEDURES.—The pro- mortgage insurance other than mortgage in- leadership and unwavering support for cedures required to be followed by the con- surance made available under the National sumer in canceling the private mortgage in- Housing Act, title 38 of the United States the creation of the National Cemetery surance. Code, or title V of the Housing Act of 1949. System, which not only provides dig- ‘‘(d) INFORMATION REQUIRED TO BE DIS- ‘‘(3) PRIVATE MORTGAGE INSURANCE RATIO.— nified final resting places for our Na- CLOSED WITH EACH PERIODIC STATEMENT.—If The term ‘private mortgage insurance ratio’ tion’s soldiers but also ensures that

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1317 neither the Nation nor its citizens will Mr. President, I ask unanimous con- If enacted, the resolution would limit forget those who served in our Armed sent that the text of the bill be printed Members of Congress to three terms in Forces. in the RECORD. the U.S. House of Representatives and Last year, Congress approved of the There being no objection, the bill was two terms in the U.S. Senate. transfer of 982 acres of the former Jo- ordered to be printed in the RECORD, as Mr. President, term limits are a tried liet Army Ammunition Plant from the follows: and tested reform that the American Department of the Army to the Depart- S. 319 people have seen operate firsthand: For ment of Veterans Affairs for the devel- Be it enacted by the Senate and House of Rep- the President since 1951, for 41 Gov- opment of a new national veterans resentatives of the United States of America in ernors, for 20 State legislatures, and cemetery. The President’s budget in- Congress assembled, for hundreds of local officials nation- cluded $19.9 million for the construc- SECTION 1. DESIGNATION OF NATIONAL CEME- TERY. wide. Indeed, this is at least one reason tion of the first phase of the cemetery, (a) DESIGNATION.—The national cemetery why congressional term limits enjoy which is scheduled to open in late 1998 established at the former site of the Joliet such widespread support: Voters have or early 1999. Arsenal, Illinois, shall be known and des- witnessed their ameliorative effects Mr. President, this legislation to ignated as the ‘‘Abraham Lincoln National and want them extended to the na- name our Nation’s newest national Cemetery’’. (b) REFERENCES.—Any reference in a law, tional legislature. cemetery after President Lincoln de- Some will undoubtedly argue that serves strong bipartisan support. By map, regulation, paper, or other record of the United States to the national cemetery the 1996 election and the notable in- naming the new veterans national cem- referred to in subsection (a) shall be deemed crease in new Members weakens the etery in honor of President Lincoln, we to be a reference to the ‘‘Abraham Lincoln case for term limits. Nothing could be not only acknowledge the pivotal role National Cemetery’’. further from the truth. Ninety-four he played in the development of one of percent of all the Members who sought By Mr. ASHCROFT (for himself, our national treasures—the national reelection last year were returned to Mr. THOMPSON, Mr. ABRAHAM, veterans cemetery system—we also Washington. The turnover that did Mr. ALLARD, Mr. BOND, Mr. honor the memory of the millions of occur was largely the result of vol- BROWNBACK, Mr. BURNS, Mr. courageous men and women who served untary departures, not competitive CAMPBELL, Ms. COLLINS, Mr. in war and peacetime to preserve our elections. COVERDELL, Mr. CRAIG, Mr. Nation’s democracy, freedom, and na- Why do reelection rates continue at FAIRCLOTH, Mr. FRIST, Mr. tional values. Men and women, who all-time highs? Because incumbency is, GRAMM, Mr. HUTCHINSON, Mrs. like my grandfather, father, and uncle, and always has been, the single great- HUTCHISON, Mr. INOUYE, Mr. who fought in World War I and World est perk in politics. Committee assign- MACK, Mr. MURKOWSKI, Mr. SES- War II, notwithstanding the fact that ments translate into campaign con- SIONS, MR. SMITH of New Hamp- the full promise of America was denied tributions. Bills mean bucks. The sim- shire, Mr. SMITH of Oregon, and them because of the color of their skin. ple fact remains, the average incum- Mr. THOMAS): Their patriotism grew out of an abid- bent spends more of the taxpayers’ ing respect for American values, and S.J. Res. 16. A joint resolution pro- money on franked mail than the aver- out of the hope for our country. We can posing a constitutional amendment to age challenger spends on his entire do no less in peacetime than to honor limit congressional terms; to the Com- campaign. not only their sacrifice, but the rea- mittee on the Judiciary. Reapportionment’s role in ensuring sons for it. Naming a national ceme- TERM LIMITS CONSTITUTIONAL AMENDMENT long-term incumbency must also be tery after President Lincoln is in rec- Mr. ASHCROFT. Mr. President, the considered. Many State officials are ognition that that faith and hope abide document that emerged from the acutely aware of the benefits derived with us still. Philadelphia convention has become from high reelection rates. Con- Illinois is now—and will always be the longest lived national constitution sequently, they manipulate districts in the Land of Lincoln. His legacy is a liv- in the world. It was the product of a a way which maximizes the potential ing testament to the values—honesty, sense of urgency, of mission, of com- for incumbents to return to Wash- hard work and perseverance in the face mon purpose. And years from now, ington. This is not only an argument of adversity—that characterize resi- after we have long since passed, it will for limited tenure, it is an argument dents of America’s heartland. No place endure, standing unchallenged by the for adopting House limits of less than has a greater claim to the Lincoln her- varied crises of human affairs. itage than his beloved Springfield, IL, The Philadelphia delegates crafted 10 years. but his memory and what he stood for this document on what they believed to As with all good ideas, this reform belong to all of us in the Land of Lin- be fundamental principles: Majority has occasioned some controversy. Pri- coln and across these United States. As rule, dual sovereignty, one man, one marily, opposition has come from ca- Secretary of War Edward M. Stanton vote. The Framers also recognized, reerists in the Congress whose liveli- prophetically put it while keeping vigil however, that a lasting government hood is at stake. These self-proclaimed at Lincoln’s deathbed, ‘‘Now he belongs would have to be not only durable and keepers of the public faith worry aloud to the ages.’’ stable, but flexible enough to evolve about the impact of lost legislative As such, I can think of no more fit- with the emerging Nation. For this wisdom. And, in the cloakrooms and ting gift or more appropriate way to reason, they included an article for Capitol corridors, they whisper about celebrate the birthday of our Nation’s amendment that would allow the docu- ‘‘protecting the people from them- greatest President, than to support and ment to be changed over time. selves.’’ pass this legislation to name our new- Since 1787, more than 10,600 constitu- Opponents seem to believe that only est and second-largest national vet- tional amendments have been intro- seasoned legislators in a professional erans cemetery, in the State he so duced. Only 27 have been adopted. Congress can effectively deal with the dearly loved, after him. In Lincoln’s Many of the proposed amendments issues of the day. Mr. President, it is immortal words, ‘‘it is altogether fit- have bordered on the ridiculous. One the height of arrogance and elitism to ting and proper that we do this.’’ called for the creation of four regional suggest that any one Senator is essen- His guidance that a house divided Presidents. Others have called for the tial to our Government. The strength cannot stand is as valid today as it was legalization of dueling, or changing the of American democracy is that the peo- when given. We leave partisan dif- Nation’s name to the United States of ple are the source of Government’s le- ferences aside when we are called upon the World. gitimacy. Because, as Alexander Ham- to respond to today’s challenges as The amendment I introduce today, ilton aptly noted more than two cen- Americans. This legislation is a bipar- however, is neither ridiculous nor un- turies ago, ‘‘Here, Sir, the people gov- tisan effort to bring all of us together important. In fact, I would suggest ern.’’ in honor of one of the greatest Ameri- that is one of the defining issues which These assertions also stand at odds cans ever to have lived. As we honor this Congress will face. For it cuts to with the great triumph of individ- him, and his leadership, we honor the the very heart of who we are as a ualism that is America. For they are true legacy of his service to our coun- party, as a polity, as a people. It is a based on the flawed supposition that try. term-limits constitutional amendment. only a limited number of citizens are

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1318 CONGRESSIONAL RECORD — SENATE February 12, 1997 qualified to serve. Richard Henry Lee the Republic, in keeping with this no- vidual. When elected officials are up put it best. ‘‘I would not urge the prin- tion, those who served in public office here for decades at a time, their accu- ciple of rotation,’’ said Lee, ‘‘if I be- typically stepped down after only a few mulating power and growing disregard lieved the consequence would be a uni- years. While incumbents were still al- for the national interest often cause formed Federal legislature; but I have most always re-elected when they them to become arrogant in office. no apprehension of this in this enlight- chose to run, a turnover rate of 50 per- Term limits, by further dispersing ened country.’’ Indeed, no more than a cent every 2 years in the House was power among more individuals, I be- cursory look at the writings of Adams, common throughout the 19th century. lieve, would lead to a more honest Jefferson, Mason, and Paine reveals the In fact, only 24 percent of the Members breed of politicians. healthy respect they had for the aver- of the House in 1841 were sworn in Term limits will also make elections age citizen. again 2 years later. George Washington more competitive which will, in turn, Mr. President, I share the Founders’ voluntarily stepped down after two lead to better representation. One only belief that there is wisdom in the peo- terms as President because he under- needs to look at the 1996 elections to ple. The resolution I bring before the stood the value of returning to private see that most competitive elections are body today is a commonsense reform life and giving someone else the chance for open seats. Twelve-year limits on that the citizenry undeniably wants, a to serve. Over the last few decades, Senate service would guarantee every remedy our Republic desperately needs, however, Members of Congress have be- State an open-seat election at least a reform whose time has come. come much less likely to step down once every 12 years unless a challenger Rotation in office has worked for the voluntarily, so the average length of dislodges an incumbent. Furthermore, President, scores of Governors, and service in Congress has steadily in- term-limited officeholders will be more countless others across this great land. creased. Because of this trend toward likely to seek a higher office. A Mem- Let us extend its therapeutic effects to careerism, Congress now more closely ber of the House who is term limited the Halls of the U.S. Congress. I beg resembles a professional ruling class will be more likely to run for the Sen- this proposal’s adoption. than the citizen legislature our Found- ate than a Congressman who is not Mr. THOMPSON. Mr. President, ing Fathers envisioned. term limited and can easily win re- today, I am introducing a constitu- This is significant because a Congress election to the House for many years tional amendment to limit congres- full of career legislators behaves dif- to come. A term-limited Senator will sional service to 6 years in the House ferently than a citizen legislature. be more likely to run for Governor or and 12 years in the Senate. This pro- Over time, after years of inside-the- another office instead of seeking easy posal is identical to the one introduced beltway thinking, elected officials tend re-election to the Senate. in the 104th Congress. On May 22, 1995, to lose touch with the long-term best Opponents of term limits make many the U.S. Supreme Court invalidated the interests of the Nation. Instead, they arguments against the proposal, con- term limits that 23 different States had become slaves to short-term public fident that they know better than imposed on congressional service. The opinion in their never-ending quest for more than 70 percent of the American Court further declared that Congress re-election. Last year’s Medicare de- people. Perhaps the most prevalent ar- lacks the constitutional authority to bate is a good example of how constant gument against term limits is that enact term limits by statute. There- elections, and the lure of short-term Congress will lose many good people. fore, enacting this reform, which polls political advantage, make it harder to While this is true, as I have already consistently show that more than 70 make the tough decisions. The con- pointed out, we will be gaining many percent of the American people sup- stant flow of pork-barrel projects back good people as well. More to the point port, will require passing a constitu- home, the practice of effectively buy- though, we should not be so arrogant tional amendment. ing our constituents’ votes with funds as to think that we are the only ones Although this proposal is not about from the U.S. Treasury, is another ex- who can do this job. I do not believe denigrating the institution of Congress ample of how what may be beneficial to that the 535 people who currently serve or those who have ably served lengthy politicians at the next election is not in Congress are the only 535 people out tenures, public confidence in elected necessarily in the best interests of the there who can do the job. Two hundred officials does remain abysmally low. Nation. When Congress is not a career years ago, people wondered how the Given the many scandals involving for its Members, their career will not Nation could ever survive without the public officials, the myriad of negative be on the line every time they cast a leadership of George Washington, but campaign commercials, and the inabil- vote, so I believe that term limits President Washington knew that the ity of Congress to solve major national would more likely produce individuals system was stronger than any one man, problems like the budget deficit, I can who would take on the tough chal- and that many people were fit to be hardly blame the American people for lenges that lie ahead. President. Not only do I think that being cynical. Nothing could be farther To act in the long-term national in- many people besides us can do the job, from the basic tenets of democracy terest, elected officials also need to but the argument that only the 535 cur- than a professional ruling class, yet de- live under the laws they pass, which is rently serving in Congress possess the spite the supposedly high turnover in why we enacted the Congressional Ac- ability to solve the Nation’s problems the last three congressional elections, countability Act in the last Congress. assumes that we are doing a good job that is essentially what Congress has Similarly, it is important that elected now. A $5 trillion debt, Medicare and become. officials return home after their term Social Security on unsustainable Each of the last three Congresses has expires and live with the consequences courses, an out-of-control campaign fi- had unusually large freshman classes, of the decisions they made while in nance system, and unacceptably high but the percentage of those returned to Congress. Just as the Congressional levels of crime make this assumption Congress still exceeds the typical re- Accountability Act makes elected offi- dubious. A corollary of this argument turn rate prior to 1941. I acknowledge cials more cognizant of how laws affect is that term limits will result in Con- that altering the way we elect Mem- average Americans in the long run, gress having little institutional mem- bers of Congress is a task not to be un- term limits, by requiring Members of ory. However, if the legislative process dertaken lightly, and people are justi- Congress to return to private life, and the bills that come out of this fied in asking, what has changed since would encourage Members to consider place are so complicated as to require the ratification of the Constitution the long-term effects of their decisions more than 12 years of experience to un- that necessitates this proposal? To instead of just the short-term political derstand, then Congress is doing too them, I answer simply: The trend to- consequences. much. The average citizen, with the ad- ward careerism in Congress. Although Moreover, little doubt exists that ditional focus of full-time attention to the system has worked relatively well power exercises a gradual, corruptive the issues with which Congress con- for 200 years, the Founding Fathers influence over those who have it. The cerns itself, should be more than capa- viewed service in Congress not as a per- Founding Fathers recognized this and ble of doing the job. manent career but as an interruption used a system of checks and balances The other main argument against to a career. For the first 150 years of to limit the power of any one indi- term limits is that we already have

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1319 term limits in the form of elections. 12, a bill to improve education for the SENATE RESOLUTION 50 However, this reasoning has two prob- 21st Century. At the request of Mr. ROTH, the lems. First, incumbents enjoy a tre- S. 19 names of the Senator from Rhode Is- mendous advantage in elections. The At the request of Mr. DASCHLE, the land [Mr. CHAFEE], the Senator from ability to raise money, greater name name of the Senator from Massachu- New Hampshire [Mr. GREGG], the Sen- recognition, a staff already in place, setts [Mr. KERRY] was added as a co- ator from Oklahoma [Mr. NICKLES], the constituent service, and simple voter sponsor of S. 19, a bill to provide funds Senator from Mississippi [Mr. COCH- inertia help incumbents win their races for child care for low-income working RAN], the Senator from Louisiana [Mr. more than 90 percent of the time. Sec- families, and for other purposes. BREAUX], the Senator from North Da- ond, the American people, just as they S. 28 kota [Mr. CONRAD], the Senator from have a right to elect their representa- At the request of Mr. THURMOND, the Florida [Mr. GRAHAM], and the Senator tives in Congress, have every right to name of the Senator from Kansas [Mr. from Nebraska [Mr. KERREY] were place qualifications on whom they may BROWNBACK] was added as a cosponsor added as cosponsors of Senate Resolu- elect. Opponents of term limits say of S. 28, a bill to amend title 17, United tion 50, a resolution to express the that the voters ought to be able to States Code, with respect to certain ex- sense of the Senate regarding the cor- elect whomever they want, but when emptions from copyright, and for other rection of cost-of-living adjustments. the American people ratified the Con- purposes. SENATE RESOLUTION 53 stitution, they agreed not to elect any- S. 104 At the request of Mrs. HUTCHISON, the one to the Senate who is younger than At the request of Mr. MURKOWSKI, the name of the Senator from Oklahoma 30 years of age or not a resident of the name of the Senator from Arkansas [Mr. NICKLES] was added as a cosponsor State he or she seeks to represent. If [Mr. HUTCHINSON] was added as a co- of Senate Resolution 53, a resolution to the voters choose, and more than 70 sponsor of S. 104, a bill to amend the express the sense of the Senate con- percent of them do, they can also de- Nuclear Waste Policy Act of 1982. cerning actions that the President of clare that people who have already S. 112 the United States should take to re- served 12 years in the Senate may not At the request of Mr. MOYNIHAN, the solve the dispute between the Allied be elected to the Senate again. names of the Senator from Rhode Is- Pilots Association and American Air- It is my hope that we will move land [Mr. CHAFEE], the Senator from lines. quickly to debate this measure. Per- Massachusetts [Mr. KENNEDY], the Sen- f haps no other proposal as popular with ator from California [Mrs. FEINSTEIN], the American people has received so the Senator from Michigan [Mr. SENATE RESOLUTION 54—ORIGI- NAL RESOLUTION AUTHORIZING little attention from Congress. In fact, LEVIN], and the Senator from Arkansas BIENNIAL EXPENDITURES BY Congress has been so reticent with re- [Mr. BUMPERS] were added as cospon- spect to this issue that some term-lim- sors of S. 112, a bill to amend title 18, COMMITTEES OF THE SENATE its advocates are now asking the United States Code, to regulate the Mr. WARNER, from the Committee States to call a constitutional conven- manufacture, importation, and sale of on Rules and Administration, reported tion. The debate in the last Congress ammunition capable of piercing police the following original resolution: was the first serious discussion of this body armor. S. RES. 54 issue in Congress in the history of the S. 183 Resolved, Nation. Speaker GINGRICH has already At the request of Mr. DODD, the name SHORT TITLE said that term limits will be the first I of the Senator from Maryland [Ms. M - SECTION 1. This resolution may be cited as item of business this year in the other KULSKI] was added as a cosponsor of S. body. Finally, other tough decisions the ‘‘Omnibus Committee Funding Resolu- 183, a bill to amend the Family and tion for 1997 and 1998’’. are imminent including balancing the Medical Leave Act of 1993 to apply the budget, saving Medicare, and putting AGGREGATE AUTHORIZATION act to a greater percentage of the SEC. 2. (a) In carrying out its powers, du- Social Security on a permanently sus- United States workforce, and for other tainable course. The single most im- ties, and functions under the Standing Rules purposes. of the Senate, and under the appropriate au- portant thing we can do to cultivate an S. 206 thorizing resolutions of the Senate, there is environment where Congress can effec- At the request of Mr. REID, the name authorized for the period March 1, 1997, tively address these long-term prob- of the Senator from Mississippi [Mr. through September 30, 1998, in the aggregate lems is to enact term limits imme- of $50,569,779 and for the period March 1, 1998, COCHRAN] was added as a cosponsor of through February 28, 1999, in the aggregate diately. Therefore, I urge my col- S. 206, a bill to prohibit the application leagues’ support.∑ of $51,903,888 in accordance with the provi- of the Religious Freedom Restoration sions of this resolution, for all Standing f Act of 1993, or any amendment made by Committees of the Senate, for the Com- such act, to an individual who is incar- ADDITIONAL COSPONSORS mittee on Indian Affairs, the Special Com- cerated in a Federal, State, or local mittee on Aging, and the Select Committee S. 4 correctional, detention, or penal facil- on Intelligence. At the request of Mr. ASHCROFT, the ity, and for other purposes. (b) Each committee referred to in sub- section (a) shall report its findings, together name of the Senator from Kentucky S. 263 with such recommendations for legislation [Mr. MCCONNELL] was added as a co- At the request of Mr. MCCONNELL, as it deems advisable, to the Senate at the sponsor of S. 4, a bill to amend the Fair the name of the Senator from Colorado earliest practicable date, but not later than Labor Standards Act of 1938 to provide [Mr. CAMPBELL] was added as a cospon- February 28, 1998, and February 28, 1999, re- to private sector employees the same sor of S. 263, a bill to prohibit the im- spectively. opportunities for time-and-a-half com- port, export, sale, purchase, possession, (c) Any expenses of a committee under this pensatory time off, biweekly work pro- transportation, acquisition, and receipt resolution shall be paid from the contingent grams, and flexible credit hour pro- of bear viscera or products that con- fund of the Senate upon vouchers approved grams as Federal employees currently tain or claim to contain bear viscera, by the chairman of the committee, except enjoy to help balance the demands and that vouchers shall not be required (1) for and for other purposes. the disbursement of salaries of employees of needs of work and family, to clarify the S. 294 the committee who are paid at an annual provisions relating to exemptions of At the request of Mrs. HUTCHISON, the rate, (2) for the payment of telecommuni- certain professionals from the min- name of the Senator from North Caro- cations expenses provided by the Office of imum wage and overtime requirements lina [Mr. HELMS] was added as a co- the Sergeant at Arms and Doorkeeper, of the Fair Labor Standards Act of sponsor of S. 294, a bill to amend chap- United States Senate, Department of Tele- 1938, and for other purposes. ter 51 of title 18, United States Code, to communications, (3) for the payment of sta- tionery supplies purchased through the S. 12 establish Federal penalties for the kill- Keeper of Stationery, United States Senate, At the request of Mr. DASCHLE, the ing or attempted killing of a law en- (4) for payments to the Postmaster, United name of the Senator from Hawaii [Mr. forcement officer of the District of Co- States Senate, (5) for the payment of me- AKAKA] was added as a cosponsor of S. lumbia, and for other purposes. tered charges on copying equipment provided

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1320 CONGRESSIONAL RECORD — SENATE February 12, 1997 by the Office of the Sergeant at Arms and nization Act of 1946, as amended), and (2) not of 1946, as amended), and (2) not to exceed Doorkeeper, United States Senate, or (6) for to exceed $5,000, may be expended for the $850, may be expended for the training of the the payment of Senate Recording and Photo- training of the professional staff of such professional staff of such committee (under graphic Services. committee (under procedures specified by procedures specified by section 202(j) of such (d) There are authorized such sums as may section 202(j) of such Act). Act). be necessary for agency contributions re- (c) For the period March 1, 1998, through COMMITTEE ON THE BUDGET lated to the compensation of employees of February 28, 1999, expenses of the committee SEC. 7. (a) In carrying out its powers, du- the committees from March 1, 1997, through under this section shall not exceed $5,082,521, ties, and functions under the Standing Rules September 30, 1998, and March 1, 1998, of which amount (1) not to exceed $175,000, of the Senate, in accordance with its juris- through February 28, 1999, to be paid from may be expended for the procurement of the diction under rule XXV of such rules, includ- the appropriations account for ‘‘Expenses of services of individual consultants, or organi- ing holding hearings, reporting such hear- Inquiries and Investigations’’ of the Senate. zations thereof (as authorized by section ings, and making investigations as author- COMMITTEE ON AGRICULTURE, NUTRITION, AND 202(i) of the Legislative Reorganization Act ized by paragraph 1 of rule XXVI of the FORESTRY of 1946, as amended), and (2) not to exceed Standing Rules of the Senate, the Com- SEC. 3. (a) In carrying out its powers, du- $5,000, may be expended for the training of mittee on the Budget is authorized from ties, and functions under the Standing Rules the professional staff of such committee March 1, 1997, through February 28, 1999, in of the Senate, in accordance with its juris- (under procedures specified by section 202(j) its discretion (1) to make expenditures from diction under rule XXV of such rules, includ- of such Act). the contingent fund of the Senate, (2) to em- ing holding hearings, reporting such hear- COMMITTEE ON ARMED SERVICES ploy personnel, and (3) with the prior con- ings, and making investigations as author- SEC. 5. (a) In carrying out its powers, du- sent of the Government department or agen- ized by paragraphs 1 and 8 of rule XXVI of ties, and functions under the Standing Rules cy concerned and the Committee on Rules the Standing Rules of the Senate, the Com- of the Senate, in accordance with its juris- and Administration to use, on a reimburs- mittee on Agriculture, Nutrition, and For- diction under rule XXV of such rules, includ- able or nonreimbursable basis, the services estry is authorized from March 1, 1997, ing holding hearings, reporting such hear- of personnel of any such department or agen- through February 28, 1999, in its discretion ings, and making investigations as author- cy. (1) to make expenditures from the contin- ized by paragraphs 1 and 8 of rule XXVI of (b) The expenses of the committee for the gent fund of the Senate, (2) to employ per- the Standing Rules of the Senate, the Com- period March 1, 1997, through September 30, sonnel, and (3) with the prior consent of the mittee on Armed Services is authorized from 1998, under this section shall not exceed Government department or agency con- March 1, 1997, through February 28, 1999, in $3,105,190, of which amount (1) not to exceed cerned and the Committee on Rules and Ad- its discretion (1) to make expenditures from $20,000, may be expended for the procurement ministration to use, on a reimbursable or the contingent fund of the Senate, (2) to em- of the services of individual consultants, or nonreimbursable basis, the services of per- ploy personnel, and (3) with the prior con- organizations thereof (as authorized by sec- sonnel of any such department or agency. sent of the Government department or agen- tion 202(i) of the Legislative Reorganization (b) The expenses of the committee for the cy concerned and the Committee on Rules Act of 1946, as amended), and (2) not to ex- period March 1, 1997, through September 30, and Administration to use, on a reimburs- ceed $2,000, may be expended for the training 1998, under this section shall not exceed able or nonreimbursable basis, the services of the professional staff of such committee (under procedures specified by section 202(j) $1,747,544, of which amount (1) not to exceed of personnel of any such department or agen- of such Act). $4,000, may be expended for the procurement cy. (c) For the period March 1, 1998, through of the services of individual consultants, or (b) The expenses of the committee for the February 28, 1999, expenses of the committee organizations thereof (as authorized by sec- period March 1, 1997, through September 30, under this section shall not exceed $3,188,897, tion 202(i) of the Legislative Reorganization 1998, under this section shall not exceed of which amount (1) not to exceed $20,000, Act of 1946, as amended), and (2) not to ex- $2,704,397. may be expended for the procurement of the ceed $4,000, may be expended for the training (c) For the period March 1, 1998, through services of individual consultants, or organi- of the professional staff of such committee February 28, 1999, expenses of the committee zations thereof (as authorized by section (under procedures specified by section 202(j) under this section shall not exceed $2,776,389. 202(i) of the Legislative Reorganization Act of such Act). COMMITTEE ON BANKING, HOUSING, AND URBAN of 1946, as amended), and (2) not to exceed (c) For the period March 1, 1998, through AFFAIRS $2,000, may be expended for the training of February 28, 1999, expenses of the committee SEC. 6. (a) In carrying out its powers, du- the professional staff of such committee under this section shall not exceed $1,792,747, ties, and functions under the Standing Rules (under procedures specified by section 202(j) of which amount (1) not to exceed $4,000, may of the Senate, in accordance with its juris- of such Act). be expended for the procurement of the serv- diction under rule XXV of such rules, includ- ices of individual consultants, or organiza- COMMITTEE ON COMMERCE, SCIENCE, AND ing holding hearings, reporting such hear- TRANSPORTATION tions thereof (as authorized by section 202(i) ings, and making investigations as author- SEC. 8. (a) In carrying out its powers, du- of the Legislative Reorganization Act of 1946, ized by paragraphs 1 and 8 of rule XXVI of as amended), and (2) not to exceed $4,000, ties, and functions under the Standing Rules the Standing Rules of the Senate, the Com- of the Senate, in accordance with its juris- may be expended for the training of the pro- mittee on Banking, Housing and Urban Af- fessional staff of such committee (under pro- diction under rule XXV of such rules, includ- fairs is authorized from March 1, 1997, ing holding hearings, reporting such hear- cedures specified by section 202(j) of such through February 28, 1999, in its discretion Act). ings, and making investigations as author- (1) to make expenditures from the contin- ized by paragraphs 1 and 8 of rule XXVI of COMMITTEE ON APPROPRIATIONS gent fund of the Senate, (2) to employ per- the Standing Rules of the Senate, the Com- SEC. 4. (a) In carrying out its powers, du- sonnel, and (3) with the prior consent of the mittee on Commerce, Science and Transpor- ties, and functions under the Standing Rules Government department or agency con- tation is authorized from March 1, 1997, of the Senate, in accordance with its juris- cerned and the Committee on Rules and Ad- through February 28, 1999, in its discretion diction under rule XXV of such rules, includ- ministration to use, on a reimbursable or (1) to make expenditures from the contin- ing holding hearings, reporting such hear- nonreimbursable basis, the services of per- gent fund of the Senate, (2) to employ per- ings, and making investigations as author- sonnel of any such department or agency. sonnel, and (3) with the prior consent of the ized by paragraph 1 of rule XXVI of the (b) The expenses of the committee for the Government department or agency con- Standing Rules of the Senate, the Com- period March 1, 1997, through September 30, cerned and the Committee on Rules and Ad- mittee on Appropriations is authorized from 1998, under this section shall not exceed ministration to use, on a reimbursable or March 1, 1997, through February 28, 1999, in $2,853,725, of which amount (1) not to exceed nonreimbursable basis, the services of per- its discretion (1) to make expenditures from $20,000, may be expended for the procurement sonnel of any such department or agency. the contingent fund of the Senate, (2) to em- of the services of individual consultants, or (b) The expenses of the committee for the ploy personnel, and (3) with the prior con- organizations thereof (as authorized by sec- period March 1, 1997, through September 30, sent of the Government department or agen- tion 202(i) of the Legislative Reorganization 1998, under this section shall not exceed cy concerned and the Committee on Rules Act of 1946, as amended), and (2) not to ex- $3,448,034, of which amount (1) not to exceed and Administration to use, on a reimburs- ceed $850, may be expended for the training $14,572, may be expended for the procurement able or nonreimbursable basis, the services of the professional staff of such committee of the services of individual consultants, or of personnel of any such department or agen- (under procedures specified by section 202(j) organizations thereof (as authorized by sec- cy. of such Act). tion 202(i) of the Legislative Reorganization (b) The expenses of the committee for the (c) For the period March 1, 1998, through Act of 1946, as amended), and (2) not to ex- period March 1, 1997, through September 30, February 28, 1999, expenses of the committee ceed $15,600, may be expended for the train- 1998, under this section shall not exceed under this section shall not exceed $2,928,278, ing of the professional staff of such com- $4,953,132, of which amount (1) not to exceed of which amount (1) not to exceed $20,000, mittee (under procedures specified by section $175,000, may be expended for the procure- may be expended for the procurement of the 202(j) of such Act). ment of the services of individual consult- services of individual consultants, or organi- (c) For the period March 1, 1998, through ants, or organizations thereof (as authorized zations thereof (as authorized by section February 28, 1999, expenses of the committee by section 202(i) of the Legislative Reorga- 202(i) of the Legislative Reorganization Act under this section shall not exceed $3,539,226,

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of which amount (1) not to exceed $14,572, of the Senate, in accordance with its juris- COMMITTEE ON GOVERNMENTAL AFFAIRS may be expended for the procurement of the diction under rule XXV of such rules, includ- SEC. 13. (a) In carrying out its powers, du- services of individual consultants, or organi- ing holding hearings, reporting such hear- ties, and functions under the Standing Rules zations thereof (as authorized by section ings, and making investigations as author- of the Senate, in accordance with its juris- 202(i) of the Legislative Reorganization Act ized by paragraphs 1 and 8 of rule XXVI of diction under rule XXV of such rules, includ- of 1946, as amended), and (2) not to exceed the Standing Rules of the Senate, the Com- ing holding hearings, reporting such hear- $15,600, may be expended for the training of mittee on Finance is authorized from March ings, and making investigations as author- the professional staff of such committee 1, 1997, through February 28, 1999, in its dis- ized by paragraphs 1 and 8 of rule XXVI of (under procedures specified by section 202(j) cretion (1) to make expenditures from the the Standing Rules of the Senate, the Com- of such Act). contingent fund of the Senate, (2) to employ mittee on Governmental Affairs is author- COMMITTEE ON ENERGY AND NATURAL personnel, and (3) with the prior consent of ized from March 1, 1997, through February 28, RESOURCES the Government department or agency con- 1999, in its discretion (1) to make expendi- SEC. 9. (a) In carrying out its powers, du- cerned and the Committee on Rules and Ad- tures from the contingent fund of the Sen- ties, and functions under the Standing Rules ministration to use, on a reimbursable or ate, (2) to employ personnel, and (3) with the of the Senate, in accordance with its juris- nonreimbursable basis, the services of per- prior consent of the Government department diction under rule XXV of such rules, includ- sonnel of any such department or agency. or agency concerned and the Committee on ing holding hearings, reporting such hear- (b) The expenses of the committee for the Rules and Administration to use, on a reim- ings, and making investigations as author- period March 1, 1997, through September 30, bursable or nonreimbursable basis, the serv- ized by paragraphs 1 and 8 of rule XXVI of 1998, under this section shall not exceed ices of personnel of any such department or the Standing Rules of the Senate, the Com- $3,028,328, of which amount (1) not to exceed agency. mittee on Energy and Natural Resources is $30,000, may be expended for the procurement (b) The expenses of the committee for the authorized from March 1, 1997, through Feb- of the services of individual consultants, or period March 1, 1997, through September 30, ruary 28, 1999, in its discretion (1) to make organizations thereof (as authorized by sec- 1998, under this section shall not exceed expenditures from the contingent fund of the tion 202(i) of the Legislative Reorganization $4,533,600, of which amount (1) not to exceed Senate, (2) to employ personnel, and (3) with Act of 1946, as amended), and (2) not to ex- $375,000, may be expended for the procure- ceed $10,000, may be expended for the train- the prior consent of the Government depart- ment of the services of individual consult- ing of the professional staff of such com- ment or agency concerned and the Com- ants, or organizations thereof (as authorized mittee (under procedures specified by section mittee on Rules and Administration to use, by section 202(i) of the Legislative Reorga- 202(j) of such Act). nization Act of 1946, as amended), and (2) not on a reimbursable or nonreimbursable basis, (c) For the period March 1, 1998, through the services of personnel of any such depart- to exceed $2,470, may be expended for the February 28, 1999, expenses of the committee training of the professional staff of such ment or agency. under this section shall not exceed $3,106,591, (b) The expenses of the committee for the committee (under procedures specified by of which amount (1) not to exceed $30,000, period March 1, 1997, through September 30, section 202(j) of such Act). may be expended for the procurement of the 1998, under this section shall not exceed (c) For the period March 1, 1998, through services of individual consultants, or organi- $2,637,966. February 28, 1999, expenses of the committee zations thereof (as authorized by section (c) For the period of March 1, 1998, through under this section shall not exceed $4,653,386, 202(i) of the Legislative Reorganization Act February 28, 1999, expenses of the committee of which amount (1) not to exceed $75,000, of 1946, as amended), and (2) not to exceed under this section shall not exceed $2,707,696. may be expended for the procurement of the $10,000, may be expended for the training of services of individual consultants, or organi- COMMITTEE ON ENVIRONMENT AND PUBLIC the professional staff of such committee zations thereof (as authorized by section WORKS (under procedures specified by section 202(j) 202(i) of the Legislative Reorganization Act SEC. 10. (a) In carrying out its powers, du- of such Act). of 1946, as amended), and (2) not to exceed ties, and functions under the Standing Rules COMMITTEE ON FOREIGN RELATIONS $2,470, may be expended for the training of of the Senate, in accordance with its juris- SEC. 12. (a) In carrying out its powers, du- the professional staff of such committee diction under rule XXV of such rules, includ- ties, and functions under the Standing Rules (under procedures specified by section 202(j) ing holding hearings, reporting such hear- of the Senate, in accordance with its juris- of such Act). ings, and making investigations as author- diction under rule XXV of such rules, includ- (d)(1) The committee, or any duly author- ized by paragraphs 1 and 8 of rule XXVI of ing holding hearings, reporting such hear- ized subcommittee thereof, is authorized to the Standing Rules of the Senate, the Com- ings, and making investigations as author- study or investigate— mittee on Environment and Public Works is ized by paragraphs 1 and 8 of rule XXVI of (A) the efficiency and economy of oper- authorized from March 1, 1997, through Feb- the Standing Rules of the Senate, the Com- ations of all branches of the Government in- ruary 28, 1999, in its discretion (1) to make mittee on Foreign Relations is authorized cluding the possible existence of fraud, mis- expenditures from the contingent fund of the from March 1, 1997, through February 28, feasance, malfeasance, collusion, mis- Senate, (2) to employ personnel, and (3) with 1999, in its discretion (1) to make expendi- management, incompetence, corruption, or the prior consent of the Government depart- tures from the contingent fund of the Sen- unethical practices, waste, extravagance, ment or agency concerned and the Com- ate, (2) to employ personnel, and (3) with the conflicts of interest, and the improper ex- mittee on Rules and Administration to use, prior consent of the Government department penditure of Government funds in trans- on a reimbursable or nonreimbursable basis, or agency concerned and the Committee on actions, contracts, and activities of the Gov- the services of personnel of any such depart- Rules and Administration to use, on a reim- ernment or of Government officials and em- ment or agency. bursable or nonreimbursable basis, the serv- ployees and any and all such improper prac- (b) The expenses of the committee for the ices of personnel of any such department or tices between Government personnel and period March 1, 1997, through September 30, agency. corporations, individuals, companies, or per- 1998, under this section shall not exceed (b) The expenses of the committee for the sons affiliated therewith, doing business $2,431,871, of which amount (1) not to exceed period March 1, 1997, through September 30, with the Government; and the compliance or $8,000, may be expended for the procurement 1998, under this section shall not exceed noncompliance of such corporations, compa- of the services of individual consultants, or $2,710,573, of which amount (1) not to exceed nies, or individuals or other entities with the organizations thereof (as authorized by sec- $45,000, may be expended for the procurement rules, regulations, and laws governing the tion 202(i) of the Legislative Reorganization of the services of individual consultants, or various governmental agencies and its rela- Act of 1946, as amended), and (2) not to ex- organizations thereof (as authorized by sec- tionships with the public; ceed $2,000, may be expended for the training tion 202(i) of the Legislative Reorganization (B) the extent to which criminal or other of the professional staff of such committee Act of 1946, as amended), and (2) not to ex- improper practices or activities are, or have (under procedures specified by section 202(j) ceed $1,000, may be expended for the training been, engaged in the field of labor-manage- of such Act). of the professional staff of such committee ment relationships or in groups or organiza- (c) For the period March 1, 1998, through (under procedures specified by section 202(j) tions of employees or employers, to the det- February 28, 1999, expenses of the committee of such Act). riment of interests of the public, employers, under this section shall not exceed $2,494,014, (c) For the period March 1, 1998, through or employees, and to determine whether any of which amount (1) not to exceed $8,000, be February 28, 1999, expenses of the committee changes are required in the laws of the expended for the procurement of the services under this section shall not exceed $2,782,749, United States in order to protect such inter- of individual consultants, or organizations of which amount not to exceed $45,000, may ests against the occurrence of such practices thereof (as authorized by section 202(i) of the be expended for the procurement of the serv- or activities; Legislative Reorganization Act of 1946, as ices of individual consultants, or organiza- (C) organized criminal activities which amended), and (2) not to exceed $2,000, may tions thereof (as authorized by section 202(i) may operate in or otherwise utilize the fa- be expended for the training of the profes- of the Legislative Reorganization Act of 1946, cilities of interstate or international com- sional staff of such committee (under proce- as amended), and (2) not to exceed $1,000, merce in furtherance of any transactions and dures specified by section 202(j) of such Act). may be expended for the training of the pro- the manner and extent to which, and the COMMITTEE ON FINANCE fessional staff of such committee (under pro- identity of the persons, firms, or corpora- SEC. 11. (a) In carrying out its powers, du- cedures specified by section 202(j) of such tions, or other entities by whom such utili- ties, and functions under the Standing Rules Act). zation is being made, and further, to study

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(c) For the period March 1, 1998, through and the use of offshore banking and cor- adjournment periods of the Senate, (D) to ad- February 28, 1999, expenses of the committee porate facilities to carry out criminal objec- minister oaths, and (E) to take testimony, under this section shall not exceed $4,223,533, tives; either orally or by sworn statement, or, in of which amount not to exceed $22,500, may (E) the efficiency and economy of oper- the case of staff members of the Committee ations of all branches and functions of the be expended for the procurement of the serv- and the Permanent Subcommittee on Inves- ices of individual consultants, or organiza- Government with particular reference to— tigations, by deposition in accordance with (i) the effectiveness of present national se- tions thereof (as authorized by section 202(i) the Committee Rules of Procedure. of the Legislative Reorganization Act of 1946, curity methods, staffing, and processes as (4) All subpoenas and related legal proc- as amended). tested against the requirements imposed by esses of the committee and its subcommit- the rapidly ––mounting complexity of na- tees authorized under S. Res. 73 of the One COMMITTEE ON RULES AND ADMINISTRATION tional security problems; Hundred Fourth Congress, second session, SEC. 16. (a) In carrying out its powers, du- (ii) the capacity of present national secu- are authorized to continue. ties, and functions under the Standing Rules of the Senate, in accordance with its juris- rity staffing, methods, and processes to COMMITTEE ON THE JUDICIARY make full use of the Nation’s resources of diction under rule XXV of such rules, includ- SEC. 14. (a) In carrying out its powers, du- knowledge and talents; ing holding hearings, reporting such hear- ties, and functions under the Standing Rules (iii) the adequacy of present intergovern- ings, and making investigations as author- of the Senate, in accordance with its juris- mental –relations between the United States ized by paragraphs 1 and 8 of rule XXVI of diction under rule XXV of such rules, includ- and international organizations principally the Standing Rules of the Senate, the Com- ing holding hearings, reporting such hear- concerned with national security of which mittee on Rules and Administration is au- ings, and making investigations as author- the United States is a member; and thorized from March 1, 1997, through Feb- ized by paragraphs 1 and 8 of rule XXVI of (iv) legislative and other proposals to im- ruary 28, 1999, in its discretion (1) to make the Standing Rules of the Senate, the Com- prove these methods, processes, and relation- expenditures from the contingent fund of the ships; mittee on the Judiciary is authorized from Senate, (2) to employ personnel, and(3) with (F) the efficiency, economy, and effective- March 1, 1997, through February 28, 1999, in the prior consent of the Government depart- ness of all agencies and departments of the its discretion (1) to make expenditures from ment or agency concerned and the Com- Government involved in the control and the contingent fund of the Senate, (2) to em- mittee on Rules and Administration to use, management of energy shortages including, ploy personnel, and (3) with the prior con- on a reimbursable or nonreimbursable basis, but not limited to, their performance with sent of the Government department or agen- the services of personnel of any such depart- respect to— cy concerned and the Committee on Rules ment or agency. (b) The expenses of the committee for the (i) the collection and dissemination of ac- and Administration to use, on a reimburs- period March 1, 1997, through September 30, curate–statistics on fuel demand and supply; able or nonreimbursable basis, the services 1998, under this section shall not exceed (ii) the implementation of effective energy of personnel of any such department or agen- $1,339,106, of which amount (1) not to exceed conservation measures; cy. $200,000, may be expended for the procure- (iii) the pricing of energy in all forms; (b) The expenses of the committee for the period March 1, 1997, through September 30, ment of the services of individual consult- (iv) coordination of energy programs with ants, or organizations thereof (as authorized State and local government; 1998, under this section shall not exceed $4,362,646, of which amount (1) not to exceed by section 202(i) of the Legislative Reorga- (v) control of exports of scarce fuels; nization Act of 1946, as amended), and (2) not (vi) the management of tax, import, pric- $40,000, may be expended for the procurement of the services of individual consultants, or to exceed $20,000, may be expended for the ing, and –other policies affecting energy sup- training of the professional staff of such plies; organizations thereof (as authorized by sec- tion 202(i) of the Legislative Reorganization committee (under procedures specified by (vii) maintenance of the independent sec- section 202(j) of such Act). tor of the petroleum industry as a strong Act of 1946, as amended), and (2) not to ex- ceed $1,000, may be expended for the training (c) For the period March 1, 1998, through competitive force; February 28, 1999, expenses of the committee of the professional staff of such committee (viii) the allocation of fuels in short supply under this section shall not exceed $1,375,472, (under procedures specified by section 202(j) by public and private entities; of which amount (1) not to exceed $200,000, (ix) the management of energy supplies of such Act). (c) For the period March 1, 1998, through may be expended for the procurement of the owned or controlled by the Government; services of individual consultants, or organi- February 28, 1999, expenses of the committee (x) relations with other oil producing and zations thereof (as authorized by section under this section shall not exceed $4,480,028, consuming countries; 202(i) of the Legislative Reorganization Act of which amount (1) not to exceed $40,000, (xi) the monitoring of compliance by gov- of 1946, as amended), and (2) not to exceed may be expended for the procurement of the ernments, corporations, or individuals with $20,000, may be expended for the training of services of individual consultants, or organi- the laws and regulations governing the allo- the professional staff of such committee zations thereof (as authorized by section cation, conservation, or pricing of energy (under procedures specified by section 202(j) 202(i) of the Legislative Reorganization Act supplies; and of such Act). of 1946, as amended), and (2) not to exceed (xii) research into the discovery and devel- COMMITTEE ON SMALL BUSINESS $1,000, may be expended for the training of opment of alternative energy supplies; and the professional staff of such committee SEC. 17. (a) In carrying out its powers, du- (G) the efficiency and economy of all (under procedures specified by section 202(j) ties, and functions under the Standing Rules branches and functions of Government with of such Act). of the Senate, in accordance with its juris- particular references to the operations and diction under rule XXV of such rules, includ- management of Federal regulatory policies COMMITTEE ON LABOR AND HUMAN RESOURCES ing holding hearings, reporting such hear- and programs: Provided, That, in carrying SEC. 15. (a) In carrying out its powers, du- ings, and making investigations as author- out the duties herein set forth, the inquiries ties, and functions under the Standing Rules ized by paragraphs 1 and 8 of rule XXVI of of this committee or any subcommittee of the Senate, in accordance with its juris- the Standing Rules of the Senate, the Com- thereof shall not be deemed limited to the diction under rule XXV of such rules, includ- mittee on Small Business is authorized from records, functions, and operations of any ing holding hearings, reporting such hear- March 1, 1997, through February 28, 1999, in particular branch of the Government; but ings, and making investigations as author- its discretion (1) to make expenditures from may extend to the records and activities of ized by paragraphs 1 and 8 of rule XXVI of the contingent fund of the Senate, (2) to em- any persons, corporation, or other entity. the Standing Rules of the Senate, the Com- ploy personnel, and (3) with the prior con- (2) Nothing contained in this subsection mittee on Labor and Human Resources is au- sent of the Government department or agen- shall affect or impair the exercise of any thorized from March 1, 1997, through Feb- cy concerned and the Committee on Rules other standing committee of the Senate of ruary 28, 1999, in its discretion (1) to make and Administration to use, on a reimburs- any power, or the discharge by such com- expenditures from the contingent fund of the able or nonreimbursable basis, the services

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1323 of personnel of any such department or agen- sent of the Government department or agen- through 21 by Senate Resolution 73, agreed cy. cy concerned and the Committee on Rules to February 13, 1995 (104th Congress), for the (b) The expenses of the committee for the and Administration to use, on a reimburs- funding period ending on the last day of Feb- period March 1, 1997, through September 30, able or nonreimbursable basis, the services ruary 1997, any unexpended balances remain- 1998, under this section shall not exceed of personnel of any such department or agen- ing shall be transferred to a special reserve $1,084,471, of which amount (1) not to exceed cy. which shall, on the basis of a special need $10,000, may be expended for the procurement (b) The expenses of the committee for the and at the request of a Chairman and Rank- of the services of individual consultants, or period March 1, 1997, through September 30, ing Member of any such committee, and with organizations thereof (as authorized by sec- 1998, under this section shall not exceed the approval of the Chairman and Ranking tion 202(i) of the Legislative Reorganization $1,133,674 of which amount not to exceed Member of the Committee on Rules and Ad- Act of 1946, as amended), and (2) not to ex- $15,000, may be expended for the procurement ministration, be available to any committee ceed $5,000, may be expended for the training of the services of individual consultants, or for the purposes provided in subsection (b). of the professional staff of such committee organizations thereof (as authorized by sec- During March 1997, obligations incurred but (under procedures specified by section 202(j) tion 202(i) of the Legislative Reorganization not paid by February 28, 1997, shall be paid of such Act). Act of 1946, as amended). from the unexpended balances of committees (c) For the period March 1, 1998, through (c) For the period March 1, 1998, through before transfer to the special reserves and February 28, 1999, expenses of the committee February 28, 1999, expenses of the committee any obligations so paid shall be deducted under this section shall not exceed $1,112,732, under this section shall not exceed $1,162,865 from the unexpended balances of committees of which amount (1) not to exceed $10,000, of which amount not to exceed $15,000, may before transferred to the special reserves. may be expended for the procurement of the be expended for the procurement of the serv- (b) The reserves established in subsection services of individual consultants, or organi- ices of individual consultants, or organiza- (a) shall be available for the period com- zations thereof (as authorized by section tions thereof (as authorized by section 202(i) mencing March 1, 1997, and ending with the 202(i) of the Legislative Reorganization Act of the Legislative Reorganization Act of 1946, close of September 30, 1997, for the purpose of of 1946, as amended), and (2) not to exceed as amended). (1) meeting any unpaid obligations incurred $5,000, may be expended for the training of SELECT COMMITTEE ON INTELLIGENCE during the funding period ending on the last day of February 1997, and which were not de- the professional staff of such committee SEC. 20. (a) In carrying out its powers, du- ducted from the unexpended balances under (under procedures specified by section 202(j) ties, and functions under S. Res. 400, agreed subsection (a), and (2) meeting expenses in- of such Act). to May 19, 1976 (94th Congress), in accordance curred after such last day and prior to the COMMITTEE ON VETERANS’ AFFAIRS with its jurisdiction under section 3(a) of close of September 30, 1997. SEC. 18.(a) In carrying out its powers, du- such resolution, including holding hearings, ties, and functions under the Standing Rules reporting such hearings, and making inves- SPACE ASSIGNMENTS of the Senate, in accordance with its juris- tigations as authorized by section 5 of such SEC. 23. The space assigned to the respec- diction under rule XXV of such rules, includ- resolution, the Select Committee on Intel- tive committees of the Senate covered by ing holding hearings, reporting such hear- ligence is authorized from March 1, 1997, this resolution shall be reduced commensu- ings, and making investigations as author- through February 28, 1999, in its discretion rate with the staff reductions funded herein ized by paragraphs 1 and 8 of rule XXVI of (1) to make expenditures from the contin- and under S.Res. 73, 104th Congress. The the Standing Rules of the Senate, the Com- gent fund of the Senate, (2) to employ per- Committee on Rules and Administration is mittee on Veterans’ Affairs is authorized sonnel, and (3) with the prior consent of the expected to recover such space for the pur- from March 1, 1997, through February 28, Government department or agency con- pose of equalizing Senators offices to the ex- 1999, in its discretion (1) to make expendi- cerned and the Committee on Rules and Ad- tent possible, and to consolidate the space tures from the contingent fund of the Sen- ministration to use, on a reimbursable or for Senate committees in order to reduce the ate, (2) to employ personnel, and (3) with the nonreimbursable basis, the services of per- cost of support equipment, office furniture, prior consent of the Government department sonnel of any such department or agency. and office accessories. or agency concerned and the Committee on (b) The expenses of the committee for the f Rules and Administration to use, on a reim- period March 1, 1997, through September 30, bursable or nonreimbursable basis, the serv- 1998, under this section shall not exceed AMENDMENTS SUBMITTED ices of personnel of any such department or $2,114,489, of which amount not to exceed agency. $30,000, may be expended for the procurement (b) The expenses of the committee for the of the services of individual consultants, or THE ASSISTED SUICIDE FUNDING period March 1, 1997, through September 30, organizations thereof (as authorized by sec- RESTRICTION ACT 1998, under this section shall not exceed tion 202(i) of the Legislative Reorganization $1,123,430, of which amount (1) not to exceed Act of 1946, as amended). $250,000, may be expended for the procure- (c) For the period March 1, 1998, through DORGAN (AND ASHCROFT) ment of the services of individual consult- February 28, 1999, expenses of the committee AMENDMENT NO. 5 under this section shall not exceed $2,171,507, ants, or organizations thereof (as authorized (Ordered referred to the Committee by section 202(i) of the Legislative Reorga- of which amount not to exceed $30,000, may be expended for the procurement of the serv- on Finance.) nization Act of 1946, as amended); and (2)not Mr. DORGAN (for himself and Mr. to exceed $3,000, may be expended for the ices of individual consultants, or organiza- training of the professional staff of such tions thereof (as authorized by section 202(i) ASHCROFT) submitted an amendment committee (under procedures specified by of the Legislative Reorganization Act of 1946, intended to be proposed by them to the section 202 (j) of the Legislative Reorganiza- as amended). bill (S. 304) to clarify Federal law with tion Act of 1946, as amended). COMMITTEE ON INDIAN AFFAIRS respect to assisted suicide, and for (c) For the period March 1, 1998, through SEC. 21. (a) In carrying out the duties and other purposes; as follows: February 28, 1999, expenses of the committee functions imposed by section 105 of S. Res. 4, At the end of the bill, insert the following: under this section shall not exceed $1,153,263, agreed to February 4, 1977 (Ninety-fifth Con- SEC. ll. AMENDMENTS TO ACTS REGARDING IN- of which amount (1) not to exceed $50,000, gress), and in exercising the authority con- DIVIDUALS WITH DISABILITIES. may be expended for the procurement of the ferred on it by such section, the Committee (a) AMENDMENTS TO DEVELOPMENTAL DIS- services of individual consultants, or organi- on Indian Affairs is authorized from March 1, ABILITIES ASSISTANCE AND BILL OF RIGHTS zations thereof (as authorized by section 1997, through February 28, 1999, in its discre- ACT.— 202(i) of the Legislative Reorganization Act tion (1) to make expenditures from the con- (1) STATE PLANS REGARDING DEVELOP- of 1946, as amended); and (2) not to exceed tingent fund of the Senate, (2) to employ per- MENTAL DISABILITIES COUNCILS.—Section $3,000, may be expended for the training of sonnel, and (3) with the prior consent of the 122(c)(5)(A) of the Developmental Disabilities the professional staff of such committee Government department or agency con- Assistance and Bill of Rights Act (42 U.S.C. (under procedures specified by section 202 (j) cerned and the Committee on Rules and Ad- 6022(c)(5)(A)) is amended— of the Legislative Reorganization Act of 1946, ministration to use, on a reimbursable or (A) in clause (vi), by striking ‘‘and’’ after as amended). nonreimbursable basis, the services of per- the semicolon at the end; SPECIAL COMMITTEE ON AGING sonnel of any such department or agency. (B) in clause (vii), by striking the period at SEC. 19. (a) In carrying out the duties and (b) The expenses of the committee for the the end and inserting ‘‘; and’’; and functions imposed by section 104 of S. Res. 4, period March 1, 1997, through September 30, (C) by adding at the end the following agreed to February 4, 1977, (Ninety-fifth Con- 1998, under this section shall not exceed clause: gress), and in exercising the authority con- $1,143,715. ‘‘(viii) such funds will not be used to sup- ferred on it by such section, the Special (c) For the period March 1, 1998, through port any program or service that has a pur- Committee on Aging is authorized from February 28, 1999, expenses of the committee pose of assisting in procuring any item or March 1, 1997, through February 28, 1999, in under this section shall not exceed $1,171,994. service the purpose of which is to cause, or its discretion (1) to make expenditures from SPECIAL RESERVES to assist in causing, the death of any indi- the contingent fund of the Senate, (2) to em- SEC. 22. (a) Of the funds authorized for the vidual, such as by assisted suicide, eutha- ploy personnel, and (3) with the prior con- Senate committees listed in sections 3 nasia, or mercy killing.’’.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1324 CONGRESSIONAL RECORD — SENATE February 12, 1997

(2) LEGAL ACTIONS BY PROTECTION AND AD- assistance in causing, the death of any indi- ‘‘(A) securing or funding any item, benefit, VOCACY SYSTEMS.—Section 142(h)(1) of the vidual, such as by assisted suicide, eutha- program, or service furnished for the purpose Developmental Disabilities Assistance and nasia, or mercy killing.’’. of causing, or the purpose of assisting in Bill of Rights Act (42 U.S.C. 6042(h)(1)) is (c) AMENDMENT TO REHABILITATION ACT OF causing, the death of any individual, such as amended by inserting before the period the 1973; REQUIREMENTS FOR ASSISTANCE FOR by assisted suicide, euthanasia, or mercy following: ‘‘, except that no such system may PROTECTION AND ADVOCACY SYSTEMS.—Sec- killing; use assistance provided under this chapter to tion 509(f) of the Rehabilitation Act of 1973 ‘‘(B) compelling any individual, institu- bring suit or provide any other form of legal (29 U.S.C. 794e(f)) is amended— tion, government, or governmental body to assistance for the purpose of— (1) in paragraph (6), by striking ‘‘and’’ provide, fund, or legalize any item, benefit, ‘‘(A) securing or funding any item, benefit, after the semicolon at the end; program, or service for the purpose of caus- program, or service furnished for the purpose (2) in paragraph (7), by striking the period ing, or the purpose of assisting in causing, of causing, or the purpose of assisting in at the end and inserting ‘‘; and’’; and the death of any individual, such as by as- causing, the death of any individual, such as (3) by adding at the end the following para- sisted suicide, euthanasia, or mercy killing; by assisted suicide, euthanasia, or mercy graph: or killing; ‘‘(8) not use allotments provided under this ‘‘(C) asserting or advocating a legal right ‘‘(B) compelling any individual, institu- section to support or fund any program or to cause, or to assist in causing, or to receive tion, government, or governmental body to service which has the purpose of assisting assistance in causing, the death of any indi- provide, fund, or legalize any item, benefit, in— vidual, such as by assisted suicide, eutha- program, or service for the purpose of caus- ‘‘(A) procuring or funding any item, ben- nasia, or mercy killing.’’. ing, or the purpose of assisting in causing, efit, or service for the purpose of causing, or f the death of any individual, such as by as- the purpose of assisting in causing, the death sisted suicide, euthanasia, or mercy killing; of any individual, such as by assisted suicide, BALANCED BUDGET or euthanasia, or mercy killing; CONSTITUTIONAL AMENDMENT ‘‘(C) asserting or advocating a legal right ‘‘(B) compelling any individual, institu- to cause, or to assist in causing, or to receive tion, government, or governmental body to assistance in causing, the death of any indi- provide any item, benefit, or service for the BYRD AMENDMENT NO. 6 vidual, such as by assisted suicide, eutha- purpose of causing, or the purpose of assist- Mr. BYRD proposed an amendment nasia, or mercy killing.’’. ing in causing, the death of any individual, (3) PROHIBITED ACTIVITIES REGARDING such as by assisted suicide, euthanasia, or to the joint resolution (S.J. Res. 1) pro- GRANTS TO UNIVERSITY AFFILIATED PRO- mercy killing; or posing an amendment to the Constitu- GRAMS.—Section 152(b)(5) of the Develop- ‘‘(C) asserting or advocating a legal right tion of the United States to require a mental Disabilities Assistance and Bill of to cause, or to assist in causing, or to receive balanced budget; as follows: Rights Act (42 U.S.C. 6062(b)(5)) is amended assistance in causing, the death of any indi- On page 3, strike lines 12 through 14 and in- by inserting before the period the following: vidual, such as by assisted suicide, eutha- ‘‘, or for any program or service which has a sert the following: nasia, or mercy killing.’’. ‘‘SECTION 6. The Congress shall implement purpose of assisting in procuring any item or service, the purpose of which is to cause, or SEC. ll. AMENDMENT TO PUBLIC HEALTH this article by appropriate legislation. SERVICE ACT. to assist in causing, the death of any indi- f Title II of the Public Health Service Act vidual, such as by assisted suicide, eutha- (42 U.S.C. 201 et seq.) is amended by adding NOTICES OF HEARINGS nasia, or mercy killing’’. at the end thereof the following new section: (4) REQUIREMENTS REGARDING GRANTS FOR COMMITTEE ON ENERGY AND NATURAL PROJECTS OF NATIONAL SIGNIFICANCE.—Sec- ‘‘SEC. 246. BAN ON USE OF FUNDS FOR ASSISTED RESOURCES tion 162(c) of the Developmental Disabilities SUICIDE AND RELATED SERVICES. ‘‘Appropriations for carrying out the pur- Mr. MURKOWSKI. Mr. President, I Assistance and Bill of Rights Act (42 U.S.C. would like to announce for the public 6082(c)) is amended— poses of this Act shall not be used or made available to provide any item or service, fur- that a hearing has been scheduled be- (A) in paragraph (4), by striking ‘‘and’’ fore the Energy and Natural Resources after the semicolon at the end; nished for the purpose of causing, or the pur- (B) in paragraph (5), by striking the period pose of assisting in causing, the death of any Committee to consider the President’s at the end and inserting ‘‘; and’’; and individual, such as by assisted suicide, eu- fiscal year 1998 budget. (C) by adding at the end the following thanasia, or mercy killing.’’. The committee will hear testimony paragraph: SEC. ll. AMENDMENT TO OLDER AMERICANS from the Department of the Interior ‘‘(6) the applicant provides assurances that ACT. and the Forest Service on Tuesday, Section 712 of the Older Americans Act of the grant will not be used to support or fund February 25, 1997. any program or service which has a purpose 1965 (42 U.S.C. 3058g) is amended by adding at the end thereof the following new subsection: The hearing will begin at 9:30 a.m., of assisting in the procuring of any item, and will take place in room SD–366 of benefit, or service furnished for the purpose ‘‘(k) ASSISTED SUICIDE.—No State or local of causing, or the purpose of assisting in ombudsman program, entity, or representa- the Dirksen Senate Office Building in causing, the death of any individual, such as tive shall, with funds allotted under this sec- Washington, DC. by assisted suicide, euthanasia, or mercy tion, provide any assistance or service to as- For further information, please call killing.’’. sist in— Mike Poling, counsel (202) 224–8276 or (b) AMENDMENT TO PROTECTION AND ADVO- ‘‘(1) securing or funding any item, benefit, James Beirne, senior counsel at (202) CACY FOR MENTALLY ILL INDIVIDUALS ACT OF or service for the purpose of causing, or the 224–2564. 1986; SYSTEM REQUIREMENTS.—Section 105(a) purpose of assisting in causing, the death of any individual, such as by assisted suicide, The PRESIDING OFFICER. Without of the Protection and Advocacy for Mentally objection, it is so ordered. Ill Individuals Act of 1986 (42 U.S.C. 10805(a)) euthanasia, or mercy killing; is amended— ‘‘(2) compelling any individual, institution, COMMITTEE ON ENERGY AND NATURAL (1) in paragraph (8), by striking ‘‘and’’ at government, or governmental body to pro- RESOURCES the end thereof; vide any item, benefit, or service for the pur- Mr. MURKOWSKI. Mr. President, I (2) in paragraph (9), by striking the period pose of causing, or the purpose of assisting in would like to announce for the public and inserting ‘‘; and’’; and causing, the death of any individual, such as that a hearing has been scheduled be- (3) by adding at the end thereof the fol- by assisted suicide, euthanasia, or mercy fore the Energy and Natural Resources killing; or lowing new paragraph: Committee to consider the President’s ‘‘(10) not use allotments provided to a sys- ‘‘(3) asserting or advocating a legal right tem to assist in— to cause, or to assist in causing, or to receive fiscal year 1998 budget. ‘‘(A) procuring or funding any item, ben- assistance in causing, the death of any indi- The committee will hear testimony efit, or service for the purpose of causing, or vidual, such as by assisted suicide, eutha- from the Department of Energy and the purpose of assisting in causing, the death nasia, or mercy killing.’’. FERC on Tuesday, March 11, 1997. of any individual, such as by assisted suicide, SEC. ll. LEGAL SERVICES. The hearing will begin at 10 a.m., and euthanasia, or mercy killing; Section 1007(b) of the Legal Services Cor- take place in room SD–366 of the Dirk- ‘‘(B) compelling any individual, institu- poration Act (42 U.S.C. 2996f(b)) is amended— sen Senate Office Building in Wash- tion, government, or governmental body to (1) by striking ‘‘or’’ at the end of paragraph ington, DC. provide any item, benefit, or service for the (9); For further information, please call purpose of causing, or the purpose of assist- (2) by striking the period at the end of ing in causing, the death of any individual, paragraph (10) and inserting ‘‘; or’’; and Karen Hunsicker, counsel (202) 224–3543 such as by assisted suicide, euthanasia, or (3) by adding after paragraph (10) the fol- or Betty Nevitt, staff assistant at (202) mercy killing; or lowing: 224–0765. ‘‘(C) asserting or advocating a legal right ‘‘(11) to provide legal assistance for the The PRESIDING OFFICER. Without to cause, or to assist in causing, or to receive purpose of— objection, it is so ordered.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1325 COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without RESOURCES WORKS objection, it is so ordered. Mr. MURKOWSKI. Mr. President, I Ms. SNOWE. Mr. President, I ask would like to announce for the infor- unanimous consent that the full Com- f mation of the Senate and the public mittee on Environment and Public that a series of three workshops have Works be granted permission to con- ADDITIONAL STATEMENTS been scheduled before the Committee duct a hearing Wednesday, February on Energy and Natural Resources to 12, at 9:30 a.m., Hearing Room (SD–406), exchange ideas and information on the to receive testimony from Carol M. TRIBUTE TO FATHER JAROSLAW issue of ‘‘Competitive Change in the Browner, Administrator, EPA, on the KUPCZAK ON SERVING THE Electric Power Industry.’’ ozone and particulate matter standards CATHOLIC COMMUNITY AND RE- The first workshop will take place on proposed by EPA. Thursday, March 6, beginning at 9:30 The PRESIDING OFFICER. Without CEIVING HIS DOCTORATE FROM a.m. in room 216 of the Hart Senate Of- objection, it is so ordered. THE JOHN PAUL II INSTITUTE fice Building. The topic of discussion COMMITTEE ON FINANCE ∑ Mr. BOB SMITH. Mr. President, I will be: What are the issues involved in Ms. SNOWE. Mr. President, I ask rise today to pay tribute to a great competition? unanimous consent that the full Com- American, Father Jaroslaw Kupczak. The second workshop will take place mittee on Finance be permitted to Father Jaroslaw is a Dominican priest on Thursday, March 13, beginning at meet to conduct a hearing on Wednes- from Bilgoraj, Poland who, for the past 9:30 a.m. in room SDG–50 of the Dirk- day, February 12, 1997, beginning at 10 4 years, has been a doctoral student at sen Senate Office Building. The topic a.m. in room 215–Dirksen. the John Paul II Institute in the Dis- of discussion will be: What is the role The PRESIDING OFFICER. Without trict of Columbia. of public power in a competitive mar- objection, it is so ordered. During his tenure in the United ket? COMMITTEE ON GOVERNMENTAL AFFAIRS States, Father Jaroslaw did much more The third workshop will take place Ms. SNOWE. Mr. President, I ask than study at one of the most re- on Thursday, March 20, beginning at unanimous consent on behalf of the spected institutes of higher learning. 9:30 a.m. in room 216 of the Hart Senate Governmental Affairs Subcommittee He became part of the community. Office Building. The topic of discussion on International Security, Prolifera- Father Jaroslaw unselfishly dedi- will be: Is federal legislation nec- tion, and Federal Services to meet on cated his time and energy to needy essary? Participation is by invitation. Wednesday, February 12, at 9:30 a.m. citizens in a number of area commu- For further information please write to for a hearing on The Future of Nuclear nities. Every 2 weeks, he celebrated the Senate Committee on Energy and Deterrence. Mass at the Missionaries of Charities Natural Resources, U.S. Senate, Wash- The PRESIDING OFFICER. Without in Anacostia. The mission is run by a ington, DC 20510. objection, it is so ordered. group of sisters who take in single, The PRESIDING OFFICER. Without COMMITTEE ON LABOR AND HUMAN RESOURCES pregnant women and house them dur- objection, it is so ordered. Ms. SNOWE. Mr. President, I ask ing their pregnancy and after. His com- f unanimous consent that the Com- passion and counsel brought the spirit AUTHORITY FOR COMMITTEES TO mittee on Labor and Human Resources of God into the lives of these women in MEET be authorized to meet for a hearing on need. As would be expected, Father COMMITTEE ON ARMED SERVICES Teamwork for Employees and Man- Jaroslaw was a pillar in the Polish Ms. SNOWE. Mr. President, I ask agers, during the session of the Senate community. He was a frequent cele- unanimous consent that the Com- on Wednesday, February 12, 1997, at 9:30 brant, confessor, and counselor to the mittee on Armed Services be author- a.m. parishioners of Our Lady Queen of Po- ized to meet at 2:45 p.m. on Wednesday, The PRESIDING OFFICER. Without land parish in Silver Spring, MD. He February 12, 1997, in open session, to objection, it is so ordered. often celebrated Sunday Mass, as well receive testimony on the defense au- COMMITTEE ON RULES AND ADMINISTRATION as masses on holy days and Polish holi- thorization request for the fiscal year Ms. SNOWE. Mr. President, I ask days. He even traveled as far as Nor- 1998 and the future years defense pro- unanimous consent that the Com- folk, VA to celebrate Mass and provide gram. mittee on Rules and Administration be The PRESIDING OFFICER. Without authorized to meet during the session spiritual guidance to a Polish commu- objection, it is so ordered. on Wednesday, February 12, 1997 at 9:30 nity that was without a parish. Mr. President, our Nation has been COMMITTEE ON BANKING, HOUSING, AND URBAN a.m. in SR–301 to mark-up the recur- AFFAIRS ring budgets contained in the omnibus blessed with Father Jaroslaw’s tenure Ms. SNOWE. Mr. President, I ask committee funding resolution for 1997 in the United States for the past 4 unanimous consent that the Com- and 1998; and any other legislative or years. Many Catholics and Polish mittee on Banking, Housing, and administrative matters that are ready Americans have been touched by his Urban Affairs be authorized to meet for consideration. generosity and time and his devotion during the session of the Senate on The PRESIDING OFFICER. Without to area residents has been an inspira- Wednesday, February 12, 1997, to con- objection, it is so ordered. tion to all of us. duct a markup of the following nomi- COMMITTEE ON SMALL BUSINESS I would further like to congratulate nee: Janet Louise Yellen, of California, Ms. SNOWE. Mr. President, I ask him on his graduation from the John to be a member, council of economic unanimous consent that the Com- Paul II Institute and on receiving his advisors. mittee on Small Business be authorized degree doctor sacrae thelolgiae summa The PRESIDING OFFICER. Without to meet during the session of the Sen- cum laude. We wish him continued objection, it is so ordered. ate for a hearing entitled ‘‘Nomination health and happiness as he returns to COMMITTEE ON ENERGY AND NATURAL of Aida Alvarez to be Administrator of his assignment in Krakow, Poland, to ∑ RESOURCES the United States Small Business Ad- touch the lives of the citizens there. Ms. SNOWE. Mr. President, I ask ministration’’ on Wednesday, February unanimous consent that the Com- 12, 1997. The hearing will begin at 9:30 f mittee on Energy and Natural Re- a.m. in room 428A of the Russell Senate sources be granted permission to meet Office Building. EUROPEAN COMMITTEE FOR THE during the session of the Senate on The PRESIDING OFFICER. WIthout PREVENTION OF TORTURE PUB- Wednesday, February 12, 1997, for pur- objection, it is so ordered. LIC STATEMENT ON TURKEY poses of conducting a full committee SUBCOMMITTEE ON HEALTH CARE ∑ Mr. LEAHY. Mr. President, I re- business meeting which is scheduled to Ms. SNOWE. Mr. President, I ask cently learned about a public state- begin at 9:30 a.m. The purpose of this unanimous consent that the Sub- ment by the European Committee for meeting is to consider pending cal- committee on Health Care be per- the Prevention of Torture [CPT], con- endar business. mitted to meet to conduct a hearing on cerning the problem of torture in Tur- The PRESIDING OFFICER. Without Wednesday, February 12, 1997, begin- key. The CPT is a respected inter- objection, it is so ordered. ning at 2 p.m. in room 215–Dirksen. national organization established in

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1326 CONGRESSIONAL RECORD — SENATE February 12, 1997 1989, which visits prisons in countries believe they will be punished, will it business, the Berlin G. Myers Lumber that have ratified the European Con- stop. Co., which in 1989 celebrated its 50th vention for the Prevention of Torture This should concern us all, because year. There’s neither a piece of lumber and Inhuman or Degrading Treatment Turkey is a valued NATO ally with nor a piece of paperwork out of place in or Punishment. All countries that have which we have many shared interests. this operation. He began working in his ratified the Convention agree to permit Turkey is going through a difficult pe- Uncle Allen’s sawmill and small retail these visits, and presumably to pay at- riod in its history, and I for one want outlet after school and weekends when tention to the Committee’s rec- to see our relationship strengthen. I he was 10 years old. After graduating ommendations. raise these concerns because I believe from high school in 1939, he took over The CPT publishes public statements that Turkey, and relations between our the latter. Mayor Myers is past presi- only when states party to the Conven- two countries, would benefit greatly if dent of the Carolinas Tennessee Build- tion refuse to follow its recommenda- it were clear that vigorous, effective ing Materials Association and has tions. The group has only issued public action were being taken to eradicate served on committees on both the re- statements on two occasions in its 8 this curse. gional and national chapters. years of existence. Both of these state- I urge the administration and Mem- In 1989, Mayor Myers was awarded ments, the most recent of which was bers of Congress to raise the issue of the Order of the Palmetto, the highest issued in December, discuss the ongo- torture at the highest levels of the civilian accolade the State of South ing problem of torture in Turkey. Turkish Government, and to work with Carolina can bestow. He keeps the The CPT acknowledges the serious Turkish officials to pursue aggres- same rigorous schedule he has all of his threat of terrorism that Turkey faces sively the necessary measures to end adult life, arriving first at the lumber and the security and humanitarian cri- the practice of torture and the impu- yard every morning, holding regular ses that have resulted, especially in the nity that persist in Turkey today.∑ townhall work hours, talking with southeastern part of the country. The f school children about the town’s his- CPT also recognizes that the Govern- tory, and actively participating in TRIBUTE TO BERLIN MYERS ment of Turkey has expressed concern Summerville Baptist Church. Mayor about the use of torture and has re- ∑ Mr. HOLLINGS. Mr. President, Ber- Berlin Myers is a devoted husband and sponded by circulating memoranda and lin George Myers is dedicated to his is the father of four children and three designing human rights programs for hometown of Summerville, SC. His life grandchildren. its law enforcement officials. However, has revolved around an eight-square In this, his 80th year, his mayoral the CPT concludes that in practice block area in the heart of this town tenure has reached a quarter of a cen- these measures, along with the legal also known as Flowertown in the tury, the longest in Summerville’s his- framework to protect detainees from Pines. In this small area, he grew up tory. His postion is unpaid and he says torture and ill-treatment and to dis- and raised his own children and today, that he sees politics as service to his cipline those who have used torture, continues to run his business and gov- town, ‘‘It’s a way to give back to my are inadequate and ignored by Turkish ern the town. community which has given me so authorities. A recent example is the de- Mayor Myers’ first public office was much.’’ Summerville’s sesquicenten- cision by the Turkish Government to membership on town council in 1965. nial takes place this year, 1997, and you reduce to 4 days the length of time a His vote returns were the highest ever can believe that Mayor Berlin Myers suspect can be held incommunicado, achieved by a town official and as a re- will be leading the parade.∑ without access to a lawyer. There is sult, he became Mayor pro tem. His- f ample evidence that torture routinely tory repeated itself in the following occurs immediately following arrest. elections and Mayor Myers is further COMMEMORATING THE LIFE OF Any period of incommunicado deten- distinguished by having served on CARLTON GOODLETT tion is an invitation for these kinds of every town committee. ∑ Mrs. BOXER. Mr. President, I rise abuses to continue. Under Councilman Myers, many civic today to celebrate the life of Dr. The facts contained in the CPT’s De- improvements were made: a new town Carlton Goodlett. Dr. Goodlett re- cember public statement are very trou- hall and a new fire station were built, cently passed from this life, leaving it bling. In a September 1996 visit to pris- an extensive paving program enacted, richer and more decent for his pres- ons in Turkey, the CPT reported: town clean-up was given a high pri- ence. The challenge of his voice, con- A considerable number of persons exam- ority and annexation began in earnest. science, and healing hand is the legacy ined by the delegation’s three forensic doc- In June 1972, the incumbent Mayor of a singular man. tors displayed marks or conditions con- Luke died and Berlin Myers stepped in To say that Carlton Goodlett was sistent with their allegations of recent ill- to fill the remainder of his term. Four multitalented is to understate his treatment by the police, and in particular of months later, he won his own election genuinely remarkable energy and beating of the soles of the feet, blows to the palms of the hands and suspension by the and every one since with a large major- versatility. He was a medical doctor, arms. The cases of seven persons . . . must ity of the vote. During Mayor Myers’ held a doctorate in psychology and rank among the most flagrant examples of tenure, Summerville’s population has published a newspaper for nearly 50 torture encountered by CPT delegations in grown from 3,700 to approximately years. He was local president of the Turkey. 25,000. NAACP and worked side by side with As in October 1994, the CPT again Under Mayor Myers, Summerville’s many of the giants of the civil rights found ‘‘material evidence of resort to Public Safety Department has com- era. Born in a time and place where ill-treatment, in particular, an instru- bined police and fire departments, tele- discrimination and violence were com- ment adapted in a way which would fa- communications—including an en- monplace, he remained passionately cilitate the infliction of electric shocks hanced 911 system—and municipal concerned about peace and equality and equipment which could be used to court in a single headquarters building throughout his entire life. suspend a person by the arms.’’ complex. He helped plan and proudly Although his contributions reasonate Mr. President, this report shows that presided over the ribbon cutting for a most clearly in San Francisco’s Afri- despite the Turkish Government’s ef- perimeter road around Summerville— can-American neighborhoods, Dr. forts in recent years, the practice of named the Berlin G. Myers Parkway by Goodlett’s example and spirit were in torture continues unabated. The latest an act of the South Carolina legisla- inspiration to many young Americans, State Department Country Reports on ture. In 1994, under his direction, the irrespective of race. When he acted or Human Rights, which was released on 27-year-old townhall was renovated and spoke, his message was meant for any- January 30, confirms this. It illus- expanded. His tireless, around-the- one with an open heart and mind. He trates, once again, that good inten- clock leadership during 1989’s Hurri- embraced people with great warmth tions and training programs, while im- cane Hugo put Summerville back in op- and ideas with great facility. He was a portant, are no substitute for holding eration quickly and smoothly. leader in the truest sense. people accountable. Only when people The order and organization for which At the Sun-Reporter, he nurtured nu- who engage in this abhorrent conduct Summerville is renowned founded his merous fledgling writers, giving them

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1327 the opportunity to develop their pro- all of us in South Carolina and we sa- for business relocation activities that fessional talents while simultaneously lute him as he retires on February 28 encourage States and communities to providing readers with invaluable in- as chairman of the board and chief ex- steal jobs from one another. sight into a vibrant community at ecutive officer of SCANA Corp., in Co- My background is in business. I know play, at work, in worship, and in strug- lumbia, SC. well that in today’s tough economic gle. As a physician, he helped guide Excellence is a Gressette family tra- environment, it is commonplace for young men and women into medicine. dition. Lawrence Gressette learned businesses to relocate or downsize their As a civil rights leader and advocate much at the knee of his father, Marion, operations in order to maintain a com- for peace, he appealed to conscience of the esteemed attorney and South Caro- petitive edge. In so doing, some choose leaders and citizens alike. lina State senator. He once told Law- to leave one location in favor of an- Dr. Goodlett considered life and com- rence, ‘‘Things must not only be right other location in a different State. munity to be sacred. Though his time but should also look right.’’ Lawrence However painful, mobility and adapt- has come and gone, his message of hope Gressette has long adhered to his fa- ability have become important busi- and fairness endures. For all he did for ther’s sage advice. In college, he not ness survival tactics. But there’s a others, he will forever be treasured and only played football for Clemson Uni- catch: in some instances, relocation ac- missed.∑ versity, he earned a football scholar- tivities have been partially subsidized f ship. He was so liked and respected by or underwritten by Federal funds. In his classmates that they elected him other words, while it appeared that TRIBUTE TO KENT DAVIS ON HIS Federal moneys were fueling job cre- RETIREMENT FROM THE MAN- student body president. At the Univer- sity of South Carolina Law School, he ation in one community, the flip side CHESTER, NH, VETERAN AF- of the coin revealed that those moneys FAIRS REGIONAL OFFICE finished first in his class. Upon gradua- tion, he joined in his father’s practice were fueling job losses elsewhere. ∑ Mr. President, that is just plain Mr. BOB SMITH. Mr. President, I and earned a reputation as a solid liti- wrong; wrong in terms of fairness; rise today to honor Kent Davis for his gator. wrong because it violates the spirit of diligent work over the years on behalf It was in working alongside his fa- the law. And it’s public policy without of New Hampshire’s veterans. My staff ther that Lawrence Gressette became vision: if States start fighting each and I have worked with Kent on impor- involved with utility regulatory work. other for jobs, instead of creating em- tant veterans issues and we have al- The powers that were at South Caro- ployment opportunities from the ways admired his hard work and dedi- lina Electric and Gas were so impressed ground up, any regional or national cation to his job. He will be sorely with his talents that they persuaded missed by many. As a fellow veteran, I economic cooperation will be lost. him to become a senior vice president This issue was first brought to our congratulate him on his service to the in 1983 and executive vice president the Manchester Veteran Affairs regional attention in 1994 when Briggs & Strat- following year. In 1990, John Warren re- ton Corporation announced plans to re- office. tired as CEO of SCE&G’s parent com- Kent has been the head of the adju- locate 2,000 jobs from Milwaukee to pany, SCANA, and the board of direc- dication office at the Manchester Vet- other locations, including two that had tors tapped Lawrence to fill the top eran Affairs regional office for the past used Federal community development 12 years, and has served as our congres- spot. Through vision and consistent funds to expand their operations. We sional liaison. We have come to rely on leadership, he has guided SCANA into a introduced this legislation then, and in him for information and guidance on successful, cohesive commercial force 1995 a version of the bill was adopted as matters of concern to New Hampshire —a goliath of energy-related and com- an amendment to an appropriations veterans. He has provided outstanding munications businesses. Fortunately bill. Although our amendment was service, and we were always confident for all of us, he has shared his talents dropped in conference, the final bill did that Kent provided the veterans of New with his community as well. Some of include language requesting that the Hampshire every consideration for ben- his achievements include: chairman of Department of Housing and Urban De- efits and services. the board of trustees for Clemson Uni- velopment [HUD] report to Congress on In 1989, Kent was given an award for versity, trustee of the Educational Tel- the costs and benefits of maintaining the outstanding adjudication division, evision Endowment of South Carolina, an information database on this issue. and he received numerous commenda- member of the steering committee of We are still waiting for HUD’s report, tions and excellent evaluations. the South Carolina Governor’s School but the need to act is no less signifi- Kent was always willing to go the of the Arts, and chairman of the United cant today than it was in 1994. In fact, extra mile to help a veteran. When any Way of the Midlands. Through it all, he in December 1996, the Wisconsin State problem arose, he was quick to find a has been blessed with the love and sup- Journal reported that the communica- resolution or provide an answer. His port of his wife, Felicia, and their three tions director for the Michigan Jobs valuable expertise, knowledge, and ex- children. Although Lawrence will be Commission had stated, and I quote, perience helped my New Hampshire sorely missed at SCANA, I am con- ‘‘we will aggressively pursue Wisconsin congressional offices to be responsive fident that he will continue in his role companies for relocation into Michi- and serve New Hampshire veterans ex- of excellent public service and will gan.’’ peditiously. hand down this Gressette legacy to his Mr. President, we were disheartened Kent graduated from Chico State four grandchildren.∑ by Michigan’s attitude to say the least, College in Chico, CA, with a bachelor’s f and we contacted then-HUD Secretary degree in sociology in 1966. He achieved Cisneros, Assistant Secretary PROHIBITION OF INCENTIVES FOR his master’s degree in public adminis- Singerman at the Economic Develop- RELOCATION ACT tration at the University of New Mex- ment Administration [EDA] and Ad- ico in Albuquerque in 1971. Mr. KOHL. Mr. President, I would ministrator Lader at the Small Busi- Kent is not only a professional, but like to take just a few moments to ness Administration [SBA] to urge all also displays a good sense of humor comment on the Prohibition of Incen- three to be vigilant when distributing which always made it a pleasure to tives for Relocation Act, introduced Federal funds. We wanted to be sure work with him. On behalf of myself, yesterday by my colleague from Wis- that their agencies were not inadvert- the veterans in New Hampshire and my consin, Senator FEINGOLD. I strongly ently encouraging Michigan to steal staff, we wish Kent every happiness support and am an original cosponsor jobs from Wisconsin. I am pleased to and continued success in the years to of this legislation, the passage of which report that Assistant Secretary come.∑ is of great importance to workers in Singerman responded by affirming f Wisconsin and all across the country. EDA’s sensitivity to the issue and want For the third consecutive Congress, to add that both EDA and SBA are al- LAWRENCE M. GRESSETTE, JR.: we have introduced this legislation to ready governed by antijob piracy provi- EXCELLENCE IN PUBLIC SERVICE amend the Housing and Community sions. We are simply proposing that ∑ Mr. HOLLINGS. Mr. President, Law- Development Act to prohibit the use of these types of provisions govern HUD rence Gressette, Jr., is well known to Federal funds, directly or indirectly, programs as well.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1328 CONGRESSIONAL RECORD — SENATE February 12, 1997 Our attention to this matter is im- by subpoena or otherwise, the attendance of invade the privacy of the individuals; (4) perative. Community development for witnesses and the production of correspond- Committee investigations; (5) other matters all Americans is best achieved by pro- ence, books, papers, and documents, (G) to enumerated in Senate Rule XXVI (5)(b). 4. CONFIDENTIAL MATTER. No record made moting new growth, rather than pro- take depositions and other testimony, (H) to procure the service of individual consultants of a closed session, or material declared con- moting job raids between hard-pressed or organizations thereof (as authorized by fidential by a majority of the Committee, or communities. I urge my colleagues to section 202(i) of the Legislative Reorganiza- report of the proceedings of a closed session, take this issue seriously by acting tion Act of 1946, as amended) and (I) with the shall be made public, in whole or in part or upon this legislation as soon as pos- prior consent of the Government department by way of summary, unless specifically au- sible.∑ or agency concerned and the Committee on thorized by the Chairman and Ranking Mi- Rules and Administration, to use on a reim- nority Member. f bursable basis the services of personnel of 5. BROADCASTING: RULES FOR SPECIAL COMMITTEE any such department or agency. (a) CONTROL. Any meeting or hearing open ON AGING (2) The chairman of the special committee to the public may be covered by television, or any Member thereof may administer radio, or still photography. Such coverage ∑ Mr. GRASSLEY. Mr. President, pur- oaths to witnesses. must be conducted in an orderly and unob- suant to the standing rule 26, I submit (3) Subpoenas authorized by the special trusive manner, and the Chairman may for the rules for the Special Committee on committee may be issued over the signature good cause terminate such coverage in whole Aging to be printed in the CONGRES- of the chairman, or any Member of the spe- or in part, or take such other action to con- SIONAL RECORD. These rules were cial committee designated by the chairman, trol it as the circumstances may warrant. and may be served by any person designated (b) REQUEST. A witness may request of the adopted by the committee during its Chairman, on grounds of distraction, harass- business meeting on January 29, 1997. by the chairman or the Member signing the subpoena. ment, personal safety, or physical discom- The rules follow: (d) All records and papers of the temporary fort, that during his testimony cameras, JURISDICTION AND AUTHORITY Special Committee on Aging established by media microphones, and lights shall not be S. RES. 4, § 104, 95TH CONG., 1ST SESS. (1977) 1 Senate Resolution 33, Eighty-seventh Con- directed at him. (a)(1) There is established a special Com- gress, are transferred to the special com- III. Quorums and voting mittee on Aging (hereafter in this section re- mittee. 1. REPORTING. A majority shall constitute ferred to as the ‘‘special committee’’) which RULES OF PROCEDURE a quorum for reporting a resolution, rec- shall consist of nineteen Members. The Mem- 141 CONG. REC. S3293 (DAILY ED. FEB. 28, 1995) ommendation or report to the Senate. 2. COMMITTEE BUSINESS. A third shall con- bers and chairman of the special committee I. Convening of meetings and hearings shall be appointed in the same manner and stitute a quorum for the conduct of Com- 1. MEETINGS. The Committee shall meet to at the same time as the Members and chair- mittee business, other than a final vote on conduct Committee business at the call of man of a standing committee of the Senate. reporting, providing a minority Member is the Chairman. After the date on which the majority and mi- present. One Member shall constitute a 2. SPECIAL MEETINGS. The Members of the nority Members of the special committee are quorum for the receipt of evidence, the Committee may call additional meetings as initially appointed on or after the effective swearing of witnesses, and the taking of tes- provided in Senate Rule XXVI (3). date of title I of the Committee System Re- timony at hearings. 3. NOTICE AND AGENDA: organization Amendments of 1977, each time 3. POLLING: (a) HEARINGS. The Committee shall make a vacancy occurs in the Membership of the (a) SUBJECTS. The Committee may poll (1) public announcement of the date, place, and special committee, the number of Members internal Committee matters including those subject matter of any hearing at least one of the special committee shall be reduced by concerning the Committee’s staff, records, week before its commencement. one until the number of Members of the spe- and budget; (2) other Committee business (b) MEETINGS. The Chairman shall give the cial committee consists of nine Senators. which has been designated for polling at a Members written notice of any Committee (2) For purposes of paragraph 1 of rule meeting. meeting, accompanied by an agenda enumer- XXV; paragraphs 1, 7(a)(1)–(2) 9, and 10(a) of (b) PROCEDURE. The Chairman shall cir- ating the items of business to be considered, rule XXVI; and paragraphs 1(a)–(d), and 2 (a) culate polling sheets to each Member speci- at least 5 days in advance of such meeting. and (d) of rule XXVII of the Standing Rules fying the matter being poled and the time (c) SHORTENED NOTICE. A hearing or meet- of the Senate; and for purposes of section limit for completion of the poll. If any Mem- ing may be called on not less than 24 hours 202(i) and (j) of the Legislative Reorganiza- ber so requests in advance of the meeting, notice if the Chairman, with the concurrence tion Act of 1946, the special committee shall the matter shall be held for meeting rather of the Ranking Minority Member, deter- be treated as a standing committee of the than being polled. The clerk shall keep a mines that there is good cause to begin the Senate. record of polls, if the Chairman determines hearing or meeting on shortened notice. An (b)(1) It shall be the duty of the special that the polled matter is one of the areas agenda will be furnished prior to such a committee to conduct a continuing study of enumerated in Rule II.3, the record of the meeting. any and all matters pertaining to problems poll shall be confidential. Any Member may 4. PRESIDING OFFICER. The Chairman shall and opportunities of older people, including, move at the Committee meeting following a preside when present. If the Chairman is not but not limited to, problems and opportuni- poll for a vote on the polled decision. present at any meeting or hearing, the ties of maintaining health, of assuring ade- IV. Investigations Ranking Majority Member present shall pre- quate income, of finding employment, of en- 1. AUTHORIZATION FOR INVESTIGATIONS. All side. Any Member of the Committee may gaging in productive and rewarding activity, investigations shall be conducted on a bipar- preside over the conduct of a hearing. of securing proper housing, and when nec- tisan basis by Committee staff. Investiga- essary, of obtaining care or assistance. No II. Closed sessions and confidential materials tions may be initiated by the Committee proposed legislation shall be referred to such 1. PROCEDURE. All meetings and hearing staff upon the approval of the Chairman and committee, and such committee shall not shall be open to the public unless closed. To the Ranking Minority Member. Staff shall have power to report by bill, or otherwise close a meeting or hearing or portion there- keep the Committee fully informed of the have legislative jurisdiction. of, a motion shall be made and seconded to progress of continuing investigations, except (2) The special committee shall, from time go into closed discussion of whether the where the Chairman and the Ranking Minor- to time (but not less often than once each meeting or hearing will concern the matters ity Member agree that there exists tem- year), report to the Senate the results of the enumerated in Rule II.3. Immediately after porary cause for more limited knowledge. study conducted pursuant to paragraph (1), such discussion, the meeting or hearing may 2. SUBPOENAS. Subpoenas for the attend- together with such recommendation as it be closed by a vote in open session of a ma- ance of witnesses or the production of memo- considers appropriate. jority of the Members of the Committee randa, documents, records, or any other ma- (c)(1) For the purposes of this section, the present. terials shall be issued by the Chairman, or special committee is authorized, in its dis- 2. WITNESS REQUEST. Any witness called for by any other Member of the Committee des- cretion, (A) to make investigations into any hearing may submit a written request to the ignated by him. Prior to the issuance of each matter within its jurisdiction, (B) to make Chairman no later than twenty-four hours in subpoena, the Ranking Minority Member, expenditures from the contingent fund of the advance for his examination to be in closed and any other Member so requesting, shall Senate, (C) to employ personnel, (D) to hold or open session. The Chairman shall inform be notified regarding the identity of the per- hearings, (E) to sit and act at any time or the Committee of any such request. son to whom the subpoena will be issued and place during the sessions, recesses, and ad- 3. CLOSED SESSION SUBJECTS. A meeting or the nature of the information sought, and its journed periods of the Senate, (F) to require hearing or portion thereof may be closed if relationship to the investigation. the matters to be discussed concern: (1) na- 3. INVESTIGATIVE REPORTS. All reports con- 1 As amended by S. Res. 78, 95th Cong., 1st Sess. tional security; (2) Committee staff per- taining findings or recommendations stem- (1977), S. Res. 376, 95th Cong., 2d Sess. (1978), S. Res. sonnel or internal staff management or pro- ming from Committee investigations shall 274, 96th Cong., 1st Sess. (1979), S. Res. 389, 96th cedures; (3) matters tending to reflect ad- be printed only with the approval of a major- Cong., 2d Sess. (1980). versely on the character or reputation or to ity of the Members of the Committee.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1329 V. Hearings nority Members to the Chairman, to call wit- to fill in prepared subpoenas, conduct field 1. NOTICE. Witnesses called before the Com- nesses selected by the minority to testify or hearings, inspect locations, facilities, or sys- mittee shall be given, absent extraordinary produce documents with respect to the meas- tems of records, or otherwise act on behalf of circumstances, at least forty-eight hours no- ure or matter under consideration during at the Committee. Commissions shall be ac- tice, and all witnesses called shall be fur- least one day of the hearing. Such request companied by instructions from the Com- nished with a copy of these rules upon re- must be made before the completion of the mittee regulating their use. quest. hearing or, if subpoenas are required to call VII. Subcommittees 2. OATH. All witnesses who testify to mat- the minority witnesses, no later than three 1. ESTABLISHMENT. The Committee will op- ters of fact shall be sworn unless the Com- days before the completion of the hearing. erate as a Committee of the Whole, reserving 8. CONDUCT OF WITNESSES, COUNSEL AND mittee waives the oath. The Chairman, or to itself the right to establish temporary MEMBERS OF THE AUDIENCE. If, during public any member, may request and administer subcommittees at any time by majority or executive sessions, a witness, his counsel, the oath. vote. The Chairman of the full Committee or any spectator conducts himself in such a 3. STATEMENT. Any witness desiring to and the Ranking Minority Member shall be manner as to prevent, impede, disrupt, ob- make an introductory statement shall file 50 ex officio Members of all subcommittees. struct, or interfere with the orderly adminis- copies of such statement with the Chairman 2. JURISDICTION. Within its jurisdiction as tration of such hearing the Chairman or pre- or clerk of the Committee 24 hours in ad- described in the Standing Rules of the Sen- siding Member of the Committee present vance of his appearance, unless the Chair- ate, each subcommittee is authorized to con- during such hearing may request the Ser- man and Ranking Minority Member deter- duct investigations, including use of sub- geant at Arms of the Senate, his representa- mine that there is good cause for a witness’s poenas, depositions, and commissions. tive or any law enforcement official to eject 3. RULES. A subcommittee shall be gov- failure to do so. A witness shall be allowed said person from the hearing room. no more than ten minutes to orally summa- erned by the Committee rules, except that rize his prepared statement. VI. Depositions and commissions its quorum for all business shall be one-third of the subcommittee Membership, and for 4. COUNSEL: 1. NOTICE. Notices for the taking of deposi- (a) A witness’s counsel shall be permitted tions in an investigation authorized by the hearings shall be one Member. to be present during his testimony at any Committee shall be authorized and issued by VIII. Reports public or closed hearing or depositions or the Chairman or by a staff officer designated Committee reports incorporating Com- staff interview to advise such witness of his by him. Such notices shall specify a time and mittee findings and recommendations shall rights, provided, however, that in the case of place for examination, and the name of the be printed only with the prior approval of any witness who is an officer or employee of staff officer or officers who will take the dep- the Committee, after an adequate period for the government, or of a corporation or asso- osition. Unless otherwise specified, the depo- review and comment. The printing, as Com- ciation, the Chairman may rule that rep- sition shall be in private. The Committee mittee documents, of materials prepared by resentation by counsel from the government, shall not initiate procedures leading to staff for informational purposes, or the corporation, or association creates a conflict criminal or civil enforcement proceedings for printing of materials not originating with of interest, and that the witness shall be rep- a witness’s failure to appear unless the depo- the Committee or staff, shall require prior resented by personal counsel not from the sition notice was accompanied by a Com- consultation with the minority staff; these government, corporation, or association. mittee subpoena. publications shall have the following lan- 2. COUNSEL. Witnesses may be accompanied (b) A witness is unable for economic rea- guage printed on the cover of the document: at a deposition by counsel to advise them of sons to obtain counsel may inform the Com- ‘‘Note: This document has been printed for their rights, subject to the provisions of Rule mittee at least 48 hours prior to the informational purposes. It does not represent V.4. witness’s appearance, and it will endeavor to either findings or recommendations formally 3. PROCEDURE. Witnesses shall be examined adopted by the Committee.’’ obtain volunteer counsel for the witness. upon oath administered by an individual au- IX. Amendment of rules Such counsel shall be subject solely to the thorized by local law to administer oaths. control of the witness and not the Com- Questions shall be propounded orally by The rules of the Committee may be amend- mittee. Failure to obtain counsel will not ex- Committee staff. Objections by the witnesses ed or revised at any time, provided that not cuse the witness from appearing and testi- as to the form of questions shall be noted by less than a majority of the Committee fying. the record. If a witness objects to a question present so determine at a Committee meet- 5. TRANSCRIPT. An accurate electronic or and refuses to testify on the basis of rel- ing preceded by at least 3 days notice of the ∑ stenographic record shall be kept of the tes- evance or privilege, the Committee staff may amendments or revisions proposed. timony of all witnesses in executive and pub- proceed with the deposition, or may at that f lic hearings. Any witness shall be afforded, time or at a subsequent time, seek a ruling upon request, the right to review that por- by telephone or otherwise on the objection RULES OF THE COMMITTEE ON tion of such record, and for this purpose, a from a Member of the Committee. If the BANKING, HOUSING, AND URBAN copy of a witness’s testimony in public or Member overrules the objection, he may AFFAIRS closed session shall be provided to the wit- refer the matter to the Committee or he may ∑ Mr. D’AMATO. Mr. President, in ac- ness. Upon inspecting his transcript, within order and direct the witness to answer the a time limit set by the committee clerk, a cordance with rule XXVI, paragraph 2, question, but the Committee shall not ini- of the Standing Rule of the Senate, I witness may request changes in testimony to tiate the procedures leading to civil or correct errors of transcription, grammatical criminal enforcement unless the witness re- hereby submit for publication in the errors, and obvious errors of fact, the Chair- fuses to testify after he has been ordered and CONGRESSIONAL RECORD, the rules of man or a staff officer designated by him directed to answer by a Member of the Com- the Committee on Banking, Housing, shall rule on such request. mittee. and Urban Affairs. 6. IMPUGNED PERSONS. Any person who be- 4. FILING. The Committee staff shall see The rules follow: lieves that evidence presented, or comment that the testimony is transcribed or elec- RULES OF PROCEDURE FOR THE COM- made by a Member or staff, at a public hear- tronically recorded. If it is transcribed, the MITTEE ON BANKING, HOUSING, AND ing or at a closed hearing concerning which witness shall be furnished with a copy for re- URBAN AFFAIRS there have been public reports, tends to im- view. No later than five days thereafter, the (Adopted in executive session, January 28, pugn his character or adversely affect his witness shall return a signed copy, and the 1997) reputation may: staff shall enter the changes, if any, re- RULE 1.—REGULAR MEETING DATE FOR (a) file a sworn statement of facts relevant quested by the witness in accordance with COMMITTEE to the evidence or comment, which shall be Rule V.6. If the witness fails to return a placed in the hearing record; signed copy, the staff shall note on the tran- The regular meeting day for the Com- (b) request the opportunity to appear per- script the date a copy was provided and the mittee to transact its business shall be the sonally before the Committee to testify in failure to return it. The individual admin- last Tuesday in each month that the Senate his own behalf; and istering the oath shall certify on the tran- is in Session; except that if the Committee (c) submit questions in writing which he script that the witness was duly sworn in his has met at any time during the month prior requests be used for the cross-examination of presence, the transcriber shall certify that to the last Tuesday of the month, the regular other witnesses called by the Committee. the transcript is a true record to the testi- meeting of the Committee may be canceled The Chairman shall inform the Committee of mony, and the transcript shall then be filed at the discretion of the Chairman. such requests for appearance or cross-exam- with the Committee clerk. Committee staff RULE 2.—COMMITTEE ination. If the Committee so decides; the re- may stipulate with the witness to changes in (a) Investigations.—No investigation shall quested questions, or paraphrased versions this procedure; deviations from the proce- be initiated by the Committee unless the or portions of them, shall be put to the other dure which do not substantially impair the Senate, or the full Committee, or the Chair- witness by a Member or by staff. reliability of the record shall not relieve the man and Ranking Minority Member have 7. MINORITY WITNESSES. Whenever any witness from his obligation to testify truth- specifically authorized such investigation. hearing is conducted by the Committee, the fully. (b) Hearing.—No hearing of the Committee minority on the Committee shall be entitled, 5. COMMISSIONS. The Committee may au- shall be scheduled outside the District of Co- upon request made by a majority of the mi- thorize the staff by issuance of commissions, lumbia except by agreement between the

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1330 CONGRESSIONAL RECORD — SENATE February 12, 1997 Chairman of the Committee and the Ranking (b) Membership.—No member may be a on which a record vote is taken, be cast by Minority Member of the Committee or by a member of more than three Subcommittees proxy. The proxy shall be in writing and majority vote of the Committee. and no member may chair more than one shall be sufficiently clear to identify the (c) Confidential testimony.—No confiden- Subcommittee. No member will receive as- subject matter and to inform the Sub- tial testimony taken or confidential mate- signment to a second Subcommittee until, in committee as to how the member wishes his rial presented at an executive session of the order of seniority, all members of the Com- or her vote to be recorded thereon. By writ- Committee or any report of the proceedings mittee have chosen assignments to one Sub- ten notice to the Chairman of the Sub- of such executive session shall be made pub- committee, and no member shall receive as- committee any time before the record vote lic either in whole or in part by way of sum- signment to a third Subcommittee until, in on the measure or matter concerned is mary, unless specifically authorized by the order of seniority, all members have chosen taken, the member may withdraw a proxy Chairman of the Committee and the Ranking assignments to two Subcommittees. previously given. All proxies shall be kept in Minority Member of the Committee or by a (c) Investigations.—No investigation shall the files of the Committee. majority vote of the Committee. be initiated by a Subcommittee unless the RULE 4.—WITNESSES (d) Interrogation of witnesses.—Committee Senate or the full Committee has specifi- (a) Filing of statements.—Any witness ap- interrogation of a witness shall be conducted cally authorized such investigation. pearing before the Committee or Sub- only by members of the Committee or such (d) Hearings.—No hearing of a Sub- committee (including any witness rep- professional staff as is authorized by the committee shall be scheduled outside the resenting a Government agency) must file Chairman or the Ranking Minority Member District of Columbia without prior consulta- with the Committee or Subcommittee (24 of the Committee. tion with the Chairman and then only by (e) Prior notice of markup sessions.—No hours preceding his or her appearance) 120 agreement between the Chairman of the Sub- copies of his statement to the Committee or session of the Committee or a Subcommittee committee and the Ranking Minority Mem- for marking up any measure shall be held Subcommittee, and the statement must in- ber of the Subcommittee or by a majority clude a brief summary of the testimony. In unless (1) each member of the Committee or vote of the Subcommittee. the Subcommittee, as the case may be, has the event that the witness fails to file a writ- (e) Confidential testimony.—No confiden- ten statement and brief summary in accord- been notified in writing of the date, time, tial testimony taken or confidential mate- and place of such session and has been fur- ance with this rule, the Chairman of the rial presented at an executive session of the Committee or Subcommittee has the discre- nished a copy of the measure to be consid- Subcommittee or any report of the pro- ered at least 3 business days prior to the tion to deny the witness the privilege of tes- ceedings of such executive session shall be commencement of such session, or (2) the tifying before the Committee or Sub- made public, either in whole or in part or by Chairman of the Committee or Sub- committee until the witness has properly way of summary, unless specifically author- committee determines that exigent cir- complied with the rule. ized by the Chairman of the Subcommittee (b) Length of statements.—Written state- cumstances exist requiring that the session ments properly filed with the Committee or be held sooner. and the Ranking Minority Member of the (f) Prior notice of first degree amend- Subcommittee, or by a majority vote of the Subcommittee may be as lengthy as the wit- ments.—It shall not be in order for the Com- Subcommittee. ness desires and may contain such docu- mittee or a Subcommittee to consider any (f) Interrogation of witnesses.—Sub- ments or other addenda as the witness feels amendment in the first degree proposed to committee interrogation of a witness shall is necessary to present properly his or her any measure under consideration by the be conducted only by members of the Sub- views to the Committee or Subcommittee. Committee or Subcommittee unless (1) fifty committee or such professional staff as is au- The brief summary included in the state- written copies of such amendment have been thorized by the Chairman or the Ranking ment must be no more than 3 pages long. It delivered to the office of the Committee at Minority Member of the Subcommittee. shall be left to the discretion of the Chair- least 2 business days prior to the meeting, or (g) Special meetings.—If at least three man of the Committee or Subcommittee as (2) with respect to multiple first degree members of a Subcommittee desire that a to what portion of the documents presented amendments, each of which would strike a special meeting of the Subcommittee be to the Committee or Subcommittee shall be single section of the measure under consider- called by the Chairman of the Sub- published in the printed transcript of the ation, fifty copies of a single written notice committee, those members may file in the hearings. (c) Ten-minute duration.—Oral statements listing such specific sections have been deliv- offices of the Committee their written re- of witnesses shall be based upon their filed ered to the Committee at least 2 business quest to the Chairman of the Subcommittee statements but shall be limited to 10 min- days prior to the meeting. An amendment to for that special meeting. Immediately upon utes duration. This period may be limited or strike a section of the measure under consid- the filing of the request, the Clerk of the Committee shall notify the Chairman of the extended at the discretion of the Chairman eration by the Committee or Subcommittee presiding at the hearings. shall not be amendable in the second degree Subcommittee of the filing of the request. If, within 3 calendar days after the filing of the (d) Subpoena of witnesses.—Witnesses may by the Senator offering the amendment to be subpoenaed by the Chairman of the Com- strike. This subsection may be waived by a request, the Chairman of the Subcommittee does not call the requested special meeting, mittee or a Subcommittee with the agree- majority of the members of the Committee ment of the Ranking Minority Member of or Subcommittee voting, or by agreement of to be held within 7 calendar days after the filing of the request, a majority of the mem- the Committee or Subcommittee or by a ma- the Chairman and Ranking Minority Mem- jority vote of the Committee or Sub- ber. This subsection shall apply only when at bers of the Subcommittee may file in the of- fices of the Committee their written notice committee. least 3 business days written notice of a ses- (e) Counsel permitted.—Any witness sub- that a special meeting of the Subcommittee sion to markup a measure is required to be poenaed by the Committee or Subcommittee will be held, specifying the date and hour of given under subsection (e) of this rule. to a public or executive hearing may be ac- that special meeting. The Subcommittee (g) Cordon rule.—Whenever a bill or joint companied by counsel of his or her own resolution repealing or amending any stat- shall meet on that date and hour. Imme- choosing who shall be permitted, while the ute or part thereof shall be before the Com- diately upon the filing of the notice, the witness is testifying, to advise him or her of mittee or Subcommittee, from initial consid- Clerk of the Committee shall notify all his or her legal rights. eration in hearings through final consider- members of the Subcommittee that such spe- (f) Expenses of witnesses.—No witness shall ation, the Clerk shall place before each cial meeting will be held and inform them of be reimbursed for his or her appearance at a member of the Committee or Subcommittee its date and hour. If the Chairman of the public or executive hearing before the Com- a print of the statute or the part or section Subcommittee is not present at any regular mittee or Subcommittee unless such reim- thereof to be amended or repealed showing or special meeting of the Subcommittee, the bursement is agreed to by the Chairman and by stricken-through type, the part or parts Ranking Member of the majority party on Ranking Minority Member of the Com- to be omitted, and in italics, the matter pro- the Subcommittee who is present shall pre- mittee. posed to be added. In addition, whenever a side at the meeting. (g) Limits of questions.—Questioning of a member of the Committee or Subcommittee (h) Voting.—No measure or matter shall be witness by members shall be limited to 5 offers an amendment to a bill or joint resolu- recommended from a Subcommittee to the minutes duration when 5 or more members tion under consideration, those amendments Committee unless a majority of the Sub- are present and 10 minutes duration when shall be presented to the Committee or Sub- committee are actually present. The vote of less than 5 members are present, except that committee in a like form, showing by typo- the Subcommittee to recommend a measure if a member is unable to finish his or her graphical devices the effect of the proposed or matter to the Committee shall require the questioning in this period, he or she may be amendment on existing law. The require- concurrence of a majority of the members of permitted further questions of the witness ments of this subsection may be waived the Subcommittee voting. On Subcommittee after all members have been given an oppor- when, in the opinion of the Committee or matters other than a vote to recommend a tunity to question the witness. Subcommittee Chairman, it is necessary to measure or matter to the Committee no Additional opportunity to question a wit- expedite the business of the Committee or record vote shall be taken unless a majority ness shall be limited to a duration of 5 min- Subcommittee. of the Subcommittee is actually present. utes until all members have been given the RULE 3.—SUBCOMMITTEES Any absent member of a Subcommittee may opportunity of questioning the witness for a (a) Authorization for.—A Subcommittee of affirmatively request that his or her vote to second time. This 5-minute period per mem- the Committee may be authorized only by recommend a measure or matter to the Com- ber will be continued until all members have the action of a majority of the Committee. mittee or his vote on any such other matters exhausted their questions of the witness.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1331 RULE 5.—VOTING 2. Control of prices of commodities, rents, There will be an amendment offered, (a) Vote to report a measure or matter.— and services. of course, that the Social Security No measure or matter shall be reported from 3. Deposit insurance. trust fund moneys should be excluded the Committee unless a majority of the 4. Economic stabilization and defense pro- duction. from that. It seems each day that goes Committee is actually present. The vote of by we get added support for our amend- the Committee to report a measure or mat- 5. Export and foreign trade promotion. ter shall require the concurrence of a major- 6. Export controls. ment. We have received support over ity of the members of the Committee who 7. Federal monetary policy, including Fed- the months from various individuals, are present. eral Reserve System. and just yesterday we received an opin- Any absent member may affirmatively re- 8. Financial aid to commerce and industry. ion from the Congressional Research quest that his or her vote to report a matter 9. Issuance and redemption of notes. Service of the Library of Congress that be cast by proxy. The proxy shall be suffi- 10. Money and credit, including currency and coinage. was very important. ciently clear to identify the subject matter, There has been some talk in the and to inform the Committee as to how the 11. Nursing home construction. member wishes his vote to be recorded there- 12. Public and private housing (including Chamber today that they have changed on. By written notice to the Chairman any veterans’ housing). their opinion. Nothing could be further time before the record vote on the measure 13. Renegotiation of Government con- from the truth. And that certainly can or matter concerned is taken, any member tracts. come from reading the transmission may withdraw a proxy previously given. All 14. Urban development and urban mass from the American Law Division of the proxies shall be kept in the files of the Com- transit. Congressional Research Service today. (2) Such committee shall also study and re- mittee, along with the record of the rollcall My friend, the Senator from North Da- vote of the members present and voting, as view, on a comprehensive basis, matters re- an official record of the vote on the measure lating to international economic policy as it kota, will discuss this when I complete or matter. affects United States monetary affairs, cred- my remarks. But, Mr. President, all (b) Vote on matters other than to report a it, and financial institutions; economic you need to do is read this new docu- measure or matter.—On Committee matters growth, urban affairs, and credit, and report ment that they put out where it says: other than a vote to report a measure or thereon from time to time. Only if no other receipts in any particular matter, no record vote shall be taken unless COMMITTEE PROCEDURES FOR year could be found would the possibility of a majority of the Committee are actually PRESIDENTIAL NOMINEES a limitation on drawing down the Trust present. On any such other matter, a mem- Procedures formally adopted by the U.S. Funds arise. Even in this eventuality, how- ber of the Committee may request that his Senate Committee on Banking, Housing, and ever, Congress would retain the authority, or her vote may be cast by proxy. The proxy Urban Affairs, February 4, 1981, establish a under the [balanced budget amendment] to shall be in writing and shall be sufficiently uniform questionnaire for all Presidential raise revenues— clear to identify the subject matter, and to nominees whose confirmation hearings come inform the Committee as to how the member Of course, if you can get a super- before this Committee. majority. wishes his or her vote to be recorded there- In addition, the procedures establish that: on. By written notice to the Chairman any (1) A confirmation hearing shall normally or to reduce expenditures— time before the vote on such other matter is be held at least 5 days after receipt of the That’s very true, you could continue taken, the member may withdraw a proxy completed questionnaire by the Committee to cut. previously given. All proxies relating to such unless waived by a majority vote of the Com- to obtain the necessary moneys to make other matters shall be kept in the files of the mittee. Committee. good on the liquidation of securities from (2) The Committee shall vote on the con- the Social Security Trust Funds. RULE 6.—QUORUM firmation not less than 24 hours after the No executive session of the Committee or a Committee has received transcripts of the Mr. President, this is certainly the Subcommittee shall be called to order unless hearing unless waived by unanimous con- same opinion that they rendered yes- a majority of the Committee or Sub- sent. terday. The Social Security Trust committee, as the case may be, are actually (3) All nominees routinely shall testify Fund is the largest money out there, present. Unless the Committee otherwise under oath at their confirmation hearings. this year, $80 billion. This is being ap- provides or is required by the Rules of the This questionnaire shall be made a part of plied toward the deficit to make it Senate, one member shall constitute a the public record except for financial infor- look smaller. And that is all they are quorum for the receipt of evidence, the mation, which shall be kept confidential. saying, that is, in effect, when it comes swearing in of witnesses, and the taking of Nominees are requested to answer all ques- testimony. tions, and to add additional pages where nec- time to balance the budget, they will look to Social Security. The way the RULE 7.—STAFF PRESENT ON DAIS essary.∑ Only members and the Clerk of the Com- f balanced budget amendment is written, if there are not surpluses over and mittee shall be permitted on the dais during ORDER OF BUSINESS public or executive hearings, except that a above the Social Security Trust Fund member may have one staff person accom- Mr. THOMAS addressed the Chair. moneys, people simply would not be pany him or her during such public or execu- The PRESIDING OFFICER. The Sen- able to draw their checks. tive hearing on the dais. If a member desires ator from Wyoming. I will yield the floor—— a second staff person to accompany him or (The remarks of Mr. THOMAS per- Mr. DORGAN. I wonder if the Sen- her on the dais he or she must make a re- taining to the introduction of S. 314 are ator will yield? quest to the Chairman for that purpose. located in today’s RECORD under Mr. REID. I will be happy to. RULE 8.—COINAGE LEGISLATION ‘‘Statements on Introduced Bills and Mr. DORGAN. Mr. President, I want- At least 40 Senators must cosponsor any Joint Resolutions.’’) ed to make an observation and make a gold medal or commemorative coin bill or point. The Congressional Research resolution before consideration by the Com- Mr. THOMAS. Mr. President, I thank mittee. you for the time. I yield the floor. Service has sent a second letter. I EXTRACTS FROM THE STANDING RULES Mr. REID addressed the Chair. wanted to make the point the Senator OF THE SENATE The PRESIDING OFFICER. The Sen- from Nevada made. The second letter RULE XXV, STANDING COMMITTEES ator from Nevada. says the same as the first letter on the 1. The following standing committees shall f question of whether surpluses in the Social Security Trust Fund can be used be appointed at the commencement of each BALANCED BUDGET CONSTITU- Congress, and shall continue and have the in the outyears to be spent for Social power to act until their successors are ap- TIONAL AMENDMENT AND SO- Security needs. The answer is, in the pointed, with leave to report by bill or other- CIAL SECURITY TRUST FUNDS first letter from CRS and in the second, wise on matters within their respective ju- Mr. REID. Mr. President, hopefully the answer is no, unless there is a cor- risdictions: the week we get back, we will be able responding tax increase in the same fis- * * * * * to start a serious debate on the most cal year, or corresponding spending (d)(1) Committee on Banking, Housing, and important issue relating to the bal- cuts, equal to those surpluses. And that Urban Affairs, to which committee shall be anced budget amendment, namely is the very point we were making. referred all proposed legislation, messages, whether or not Social Security trust The second letter from the Congres- petitions, memorials, and other matters re- lating to the following subjects: fund moneys should be counted in the sional Research Service simply says 1. Banks, banking, and financial institu- constitutional amendment to balance the same thing that they said earlier tions. the budget. with slightly different wording. We

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1332 CONGRESSIONAL RECORD — SENATE February 12, 1997 want to make that point, that this is ‘‘study,’’ was characterized as proof My colleagues’ problem, in reality, is not a change in position for them at that passage and ratification of the not with the balanced budget amend- all. balanced budget amendment will harm ment but with the problems the Social In the outyears, the way the con- Social Security. Security program faces and will face in stitutional amendment to balance the The problem is that the CRS memo- the future. We need to fix that. Adopt- budget is worded, the Government randum did not conclude that at all. ing the balanced budget amendment is would be prevented from using the sur- All the CRS memorandum concluded a good start. If we do not do that and pluses accrued in the Social Security was that the Social Security existing if they take these matters so they are Trust Fund that were saved for the spe- surpluses after 2019—the year the pro- not part of the unified budget, then I cific purpose of being used later when gram no longer produces surpluses be- submit every senior in this country is they were needed. It would be pre- cause of the retirement of the baby going to be hurt some time in the fu- vented from using those unless in those boomers—cannot be used to fund the ture because there will not be the will years it also increased taxes sufficient program unless such expenditures were to get matters under control and to cover them or cut spending suffi- offset by revenue or budget cuts. spending under control. cient to cover them. This, despite the Of course, this is technically true. We saw the charts of the distin- fact that they were accrued as sur- That is what a balanced budget does. It guished Senator from West Virginia all pluses, above other needs in the Social balances outlays and receipts, and ex- afternoon, which I think make my Security system now, in order to meet penditure of any part of the budget is case, and so do these 28 years of unbal- the needs in the future. an outlay. anced budgets. The only way we are I know this is confusing. We just But these critics of the balanced going to face up to the needs of Social wanted to leave the message that the budget fail to mention a few things. Security and the needs of our seniors is Congressional Research Service is say- They fail to mention that CRS, in the if it is part of the unified budget. ing the same thing. This is not a memorandum, also concluded that the Frankly, the CRS is right, this is an change in message from them at all, present day surpluses are ‘‘an account- accounting process. The way to do it and this is about a $3 trillion issue. It ing practice.’’ Past CRS studies clearly right is to have a balanced budget is of great significance, and I hope demonstrate that the Social Security amendment passed that works. Members will take account of it as we trust funds are, indeed, an accounting Mr. President, I ask unanimous con- consider these issues. measure. There is no separate Federal sent that the Congressional Research Mr. REID. I say to my friend from vault where Social Security receipts Service, Library of Congress, February are stored. Social Security taxes— North Dakota, also, we will discuss 12, 1997, letter to the Honorable PETE called FICA taxes—are simply depos- this at great length right after the V. DOMENICI, attention Jim Capretta, break. But it is interesting that we are ited with all other Federal revenues. from the American Law Division, on talking about trust fund moneys like it The moneys attributed to Social Secu- the subject of ‘‘Treatment of Outlays rity are tracked as bookkeeping entries is some fungible commodity that can from Social Security Surpluses under so that we can determine how well the be used for any purpose. The fact of the BBA,’’ signed by Johnny H. Killian, program operates. As soon as the matter is, Social Security Trust Fund Senior Specialist, American Constitu- amounts attributed to FICA taxes are moneys are put, supposedly, into a tional Law, be printed in the RECORD at entered on the books, Federal interest- trust fund to be used for people’s re- this point. bearing bonds are electronically en- tirement, not to make the deficit look There being no objection, the mate- tered as being purchased. That is the smaller. rial was ordered to be printed in the safest investment that exists in the Mr. DORGAN. If the Senator will RECORD, as follows: world today. yield for 1 additional minute, that is This country has a unified budget. CONGRESSIONAL RESEARCH SERVICE, exactly the point of this debate. It is This means that the proceeds from So- THE LIBRARY OF CONGRESS, Washington, DC, February 12, 1997. not an attempt in any way to create cial Security taxes are part of the more diversion, or any diversion, on To: Honorable Pete V. Domenici, Attention: Treasury—of general revenue. CRS has Jim Capretta. the issue of a constitutional amend- recognized this. ment to balance the budget. From: American Law Division. Moreover, I might add, without in- Subject: Treatment of Outlays from Social The question is, Shall the Constitu- cluding the present day surpluses, the Security Surpluses under BBA. tion be altered? But we are raising the budget cannot be balanced. That is why This memorandum is in response to your question of, if an alteration of the Con- President Clinton has included Social inquiry with respect to the effect on the So- stitution is made, how will that affect, Security funds in every one of his cial Security Trust Funds of the pending in the outyears, the opportunity to budgets. Balanced Budget Amendment (BBA). Under spend the surpluses that we are accru- Do Senators DORGAN, CONRAD, and S.J. Res. 1 as it is now before the Senate, § 1 ing each year now because we need it REID oppose that? If they do, they have would mandate that ‘‘[t]otal outlays for any when the baby boomers retire? a right to, but the President includes fiscal year shall not exceed total receipts for that fiscal year. . . .’’ Outlays and receipts And the answer is, according to the them because he has to. Congressional Research Service, it will are defined in § 7 as practically all inclusive, I recognize that Social Security is in with two exceptions that are irrelevant here. have a profound and enormous effect danger. But the problem is not the in- At some point, the receipts into the Social on the Government’s ability to do that. clusion of Social Security funds in the Security Trust Funds will not balance the That is what we want our colleagues to budget. The problem is that, with the outlays from those Funds. Under present understand. retirement of the baby boomers and law, then, the surpluses being built up in the The PRESIDING OFFICER. The that generation, there will not be Funds, at least as an accounting practice, Chair will inform the Senators, under enough FICA taxes to fund their retire- will be utilized to pay benefits to the extent the previous order we were in morning ment. CRS, in a study, concluded that receipts for each year do not equal the out- business for up to 5 minutes each, and the present day surpluses would not be lays in that year. Simply stated, the federal securities held by the Trust Funds will be I must notify the Senators that time sufficient to resolve this problem. CRS drawn down to cover the Social Security def- has elapsed. concluded that the Social Security pro- icit in that year, and the Treasury will have The Senator from Utah. gram needs to be fixed. to make good on those securities with what- Mr. HATCH. Mr. President, I would Finally, not including Social Secu- ever moneys it has available. like to take this time to briefly re- rity in the budget would harm the pro- However, § 1 of the pending BBA requires spond to my friend from North Dakota gram. Congress could rename social that total outlays for any fiscal year not ex- and others. In their press conference programs—as they have done before— ceed total receipts for that fiscal year. Thus, that was held this morning, as I under- as Social Security and use the FICA the amount drawn from the Social Security stand it—I was not there, but Senators taxes to fund those programs to the Trust Funds could not be counted in the cal- culation of the balance between total federal CONRAD, DORGAN and REID were—at detriment of senior citizens; that is, if outlays and receipts. We are not concluding that event a one-page memorandum we do not handle this matter the way that the Trust Funds surpluses could not be from the Congressional Research Serv- the balanced budget amendment re- drawn down to pay beneficiaries. The BBA ice, which was inaccurately termed a quires us to do. would not require that result. What it would

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1333 mandate is that, inasmuch as the United this to put it in the Social Security ac- $130 billion? Somehow that doesn’t pass States has a unified budget, other receipts count and it’s a dedicated tax to go any standard of common sense in my into the Treasury would have to be counted into a dedicated trust fund to be used hometown. to balance the outlays from the Trust Funds for only one purpose,’ you deserve a tax The PRESIDING OFFICER. The Sen- and those receipts would not be otherwise ator’s time has expired. available to the Government for that year. break; you ought not be paying that if Only if no other receipts in any particular it is not going to where it is indicated Mr. REID addressed the Chair. year could be found would the possibility of it is going, to a trust fund to save for The PRESIDING OFFICER. The Sen- a limitation on drawing down the Trust the future.’’ If this is just like other ator from Nevada. Funds arise. Even in this eventuality, how- money, commingled with other funds, Mr. REID. Thank you, Mr. President. ever, Congress would retain authority under let’s stop calling it a trust fund, let’s It is interesting to see what has tran- the BBA to raise revenues or to reduce ex- stop calling it a dedicated tax and call spired in this past year. It seems there penditures to obtain the necessary moneys it an income tax, and a regressive one is a new tact now to get the constitu- to make good on the liquidation of securities tional balanced budget amendment because everybody pays the same from the Social Security Trust Funds. passed, and that is to trash Social Se- JOHNNY H. KILLIAN, amount. In fact, it is the case that most curity—‘‘it is going broke; its program Senior Specialist, is bad; the baby boomers aren’t going American Constitutional Law. Americans pay more in this payroll tax to get any money’’—to do what we can The PRESIDING OFFICER. The Sen- than they do in taxes, regrettably, but they do so because they believe it goes to make Social Security look bad. ator from North Dakota. Mr. President, Social Security is the into a trust fund. I reject the notion Mr. DORGAN. Mr. President, we will most successful social program in the somehow that there is no difference be- likely have a longer debate about this, history of the world. It is a good pro- tween all this money. I think the trust and I shall not lengthen it today, but gram, and people who want to say So- funds are dedicated funds that we the Senator from Utah always makes a cial Security is in deep trouble, it is strong case for his position. promised workers would be saved for going out of business soon, simply are In the circumstances this evening, their future. wrong. Even the 13-member bipartisan The Congressional Research Service he, once again, has made a strong case, commission which reported back on says nothing in the second letter they but on a couple of points, in my judg- Social Security acknowledged that did not say in the first. They say—and ment, he is factually in error, and I until the year 2029, Social Security is you can say it two ways—the Govern- want to point that out. going to pay out all the benefits as it In one respect he is not in error, he is ment with this constitutional amend- now pays out. In fact, in the year 2029, absolutely correct. President Reagan, ment to balance the budget, the way it if we did nothing else, benefits would President Bush, and President Clinton is worded, would be prevented from still be paid out at about 80 percent. have all sent budgets since 1983 to this using the Social Security trust funds We have to do some adjustment to So- Congress—1983 is the period in which in the outyears, when we are going to cial Security in the outyears. There we began to decide we were going to ac- use that surplus because it is needed, are many ways we can do that. cumulate substantial surpluses in So- unless a corresponding tax increase or Social Security is not in trouble of cial Security to save for a later time corresponding spending cut equal to going broke unless this balanced budg- when they are needed—all Presidents those trust funds is enacted by Con- et amendment passes, and then there is have sent budgets to this Congress that gress. That is one way of saying it. going to be some real trouble. The use the Social Security trust funds as The other way of saying it, which trouble is that the surpluses have been part of the unified budget. I think 2 they now have in this paper, says the and will continue to be used to balance days ago on the floor of this Senate, I Congress, in the outyears, can use the the budget. The fact that there has pointed out the President did that in Social Security trust funds, but only if been a procedure used in years gone by his budget, and his budget that he says there is a corresponding tax increase or that is wrong does not mean we should is in balance is not in balance. I point- spending cut. It is another way of say- enshrine that in the Constitution. ed that out about this President. I ing exactly the same thing. Why use So I suggest that the argument that made the same point about President two pieces of paper when you can use Social Security is going broke is about Bush and President Reagan when they one? It doesn’t matter much to me. It as valid as the argument that is used did it as well. is probably a waste of paper, but it on a continual basis that States bal- But, having said that, the Senator says exactly the same thing. ance their budget. The State of Nevada from Utah says the Social Security I want to make one final point. The balances its budget, but capital im- trust funds that are derived from So- reason I have taken issue with Presi- provements are off budget. cial Security taxes taken from pay- dent Bush, President Reagan, and, yes, So, Mr. President, I believe we should checks of workers all across this coun- President Clinton on this issue, and have a constitutional amendment to try and from the employers, is a tech- taken issue with the Senator from balance the budget. I am willing to go nical issue, and they simply go into all Utah, is embodied in the debt clock for that. I voted for all the motions to other funds and they are commingled. that the Senator brought to his hear- table. But I believe we should exclude This technical resolution of all these ing. I hope we will have this discussion Social Security trust fund moneys moneys means that there really is not at some point soon. The Senator will I from the numbers that allow the false a dedicated Social Security fund, and think agree that the clock showing the way of obtaining a balanced budget. so on and so forth. amount of public debt that is owed in Mr. HATCH addressed the Chair. I would be happy to go for a drive this country will not stop with the pas- The PRESIDING OFFICER. The Sen- with the Senator from Utah to Par- sage of this balanced budget amend- ator from Utah. kersburg, WV, where the Social Secu- ment and the passage of a budget that Mr. HATCH. Mr. President, I say to rity trust fund securities are held complies with this amendment. my dear friend and colleague, that under armed guard. I might even be I ask the Senator from Utah, is it not would be one of the most tragic errors able to bring him a copy of one of those true that if the Congress passes this we could make. To me, that would be securities so we could show him that constitutional amendment to balance almost fiscal insanity. those securities exist. They are held the budget and then passes a budget in I am not saying anything is purely under armed guard. I can tell him compliance with that, in the very year technical. What I am saying is that the where they are held, and it is not mere- in which that budget is so-called bal- money, not the securities, the money ly technical. It is much, much more anced, is it not true that the Federal from FICA is commingled with all important than that. debt will increase $130 billion in that Treasury funds. Everybody knows that. If it is purely technical, then I say to year? And if it is, and I believe the Sen- That is No. 1. the tens of millions of workers out ator from Utah would admit that it is, No. 2, as to the outyear issue, CRS there, ‘‘The next time you get your if it is true that in the year in which it says in various studies that the present paycheck stub and you see that little is represented to the American people surplus is not enough to fund the needs portion where they take some tax away that the budget is balanced, then why of the system when the baby boomers from you and they say, ‘We’re doing does the Federal debt rise by another retire. That is a reality.

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1334 CONGRESSIONAL RECORD — SENATE February 12, 1997 No. 3, not including Social Security will increase economic growth. It will times at how those who really know within the purview of the balanced allow us to run surpluses. With this, how to juggle do it with total ease. It budget amendment will ultimately our national debt may be decreased if seems effortless. hurt that program, because there will Congress desires to do so in the inter- The juggling that I just saw was in- not be the same force to reform the est of national security, stability, and teresting. The Senator said there may program and make sure it works when prosperity. be an increase in gross debt even when the baby boomers come on that there Without Senate Joint Resolution 1, the budget is in balance. It is not may be now, that is included in the as we saw from the charts of the distin- ‘‘may.’’ The Congressional Budget Of- unified budget. guished Senator from West Virginia all fice says there ‘‘will’’ be an increase in I might also add, Mr. President, this afternoon long today, without Senate gross debt by $130 billion the very year is very important. This is the highest Joint Resolution 1, this will be an im- in which people claim there is a bal- item in the Federal budget. How can possibility. We will just continue the anced budget. So it is not ‘‘may’’; it is we take it out of the unified Federal same darn programs producing deficits ‘‘will.’’ budget and not consider it? Yes, we producing the 28 years of unbalanced The question I was asking was, does have surpluses for a few years, but then budgets, unbalanced budgets that will that matter? Is it not a paradox or con- all of a sudden, it goes into deep def- just continue on ad infinitum. Ulti- tradiction that when we say we have icit. Both sides need to be in the full mately our kids are going to have pay balanced the budget, my young daugh- balanced budget if we are going to these debts, and it will be a doggone ter will inherit a higher national debt? meet our realities and meet our neces- big debt for them. We just cannot do it And the Senator from Utah, I think, sities. to them. said, yeah, but that is just technical. The question of the Senator from I just suggest to my colleagues, as He said the gross debt is different than North Dakota, Senator DORGAN, ‘‘If the sincere as they are, the worst thing the net debt. balanced budget amendment would they can do for our senior citizens is to In fact, the only reason we keep truly require a balanced budget, then try to exclude Social Security from the track of the gross debt, as I heard him why will the debt increase,’’ is, with all budget because then all these big say it, is because it has an impact on due respect, a bit of sophistry. The bal- spenders around Congress are going to the economy. But if it has an impact anced budget amendment will require a find everything to be a Social Security on the economy, I did not understand balanced budget. Outlays must not ex- expenditure. Ultimately, it will im- the second position of why it does not ceed receipts under section 1 of Senate pinge on the Social Security program count. It seems to me that the cir- Joint Resolution 1. and ruin the program, which Senator cumstances of the gross debt are that if It is true that gross debt may still in- REID this evening has rightly called you increase the indebtedness of the crease even if the budget is balanced. one of the greatest programs in the his- Federal Government, this cannot sim- That is because the Government’s ex- tory of the world. He called it the ply be on cellophane paper someplace. change of interest-bearing securities greatest. I will certainly say it is one It represents securities that my daugh- for the present Social Security surplus of the greatest in the history of the ter and sons and all others in the coun- is counted in the gross debt. It is mere- world. try will have to repay. I would be ly an accounting or bookkeeping nota- If we want it to continue, it seems to happy to yield for a question. tion of what one agency of Government me we have to treat it, since it is a Mr. HATCH. Let me just say I never owes another agency. It is analogous to high item in our budget, as a budgetary did learn how to juggle things. I think a corporation buying back its stock or item. These accounting approaches are that is one reason why I strongly be- debentures. Such stocks and bonds are going to go on no matter what happens. lieve in balanced budgeting, is because considered retired obligations that, So I think if we pass the balanced I am tired of all the juggling that has once retired, have no economic or fis- budget amendment, a balanced budget gone on around here. But under the ex- cal significance. will ultimately become a reality. We emption proposal of the distinguished Moreover, the Defense and Energy are going to have to face reform of So- Senator from North Dakota, the debt Departments list billions of dollars of cial Security in the best interests of will increase much faster because there environmental and nuclear cleanups as our senior citizens. is nothing being done about it. His pro- liabilities. All in all, gross debt, which If we keep going where we are going, posal does not change that one bit. includes all debt, is simply an overall there will not be any moneys for Social Our proposal says we are tired of indicator of Federal Government obli- Security and a lot of people are going this. We are tired of 28 straight years gations. This sets the floor on increas- to get hurt. To exclude Social Security of unbalanced budgets, and we want to ing debt that has a direct, current ef- from the budget is penny wise and face the music of budget deficits and do fect on the overall economy, as the ad- pound foolish and it is a fiscal gimmick it within the realm of fiscal restraint. ministration agrees. This is very dif- to try to take the largest item in the And, if we do not keep all items to- ferent from obligations owed by the Federal budget out of the Federal gether, then there are going to be loop- Federal Government to the public. This budget without reforming the program holes that literally will blow this coun- type of debt termed ‘‘net debt’’ or debt to keep it solvent. Passage of the bal- try apart. We will have the regular held by the public is legally enforce- anced budget amendment will pressure budget and a separate Social Security able and is what is economically sig- Congress to fix Social Security. Pas- budget. One will be required to be bal- nificant. sage of the balanced budget amend- anced under the constitutional amend- If net debt zooms because of interest ment will help increase revenues and ment and the other will be an exempt- payments of debt, which last year economic growth that will aid Social ed Social Security budget that can run amounted to $250 billion, budget defi- Security. deficits because under the proposal it cits balloon with all the dire economic I yield the floor. will be excluded from the constitu- consequences. To assure that budgets Mr. DORGAN. Mr. President, I won- tional amendment. Congress will trans- will be balanced unless extraordinary der if I might—I will not belabor this fer costly programs to the exempted situations arise, debt held by the pub- because there will be another time budget. These costly programs will be lic cannot be increased unless three- when we can have a lengthier discus- funded out of Social Security revenues. fifths of the whole number of each sion. I hope we can have some ques- This will ruin and hurt every senior House concur. tions back and forth. citizen in this country. Exempting So- It is true that a balanced budget The Senator used the word ‘‘soph- cial Security is just a fiscal gimmick. amendment does not by itself reduce istry.’’ I was recalling when in high Mr. DORGAN addressed the Chair. the $5.3 going to $5.4 trillion national school I worked at a service station Mr. HATCH. We also know it is ac- debt. But what it does do is straighten and learned how to juggle three balls. I counting. out our national fiscal house. Passage remember how difficult it was when I Mr. DORGAN. Reclaiming my time, I of Senate Joint Resolution 1 will in- started trying to learn to juggle three was yielding for a question. I guess the crease economic growth. Almost every- balls at once, but how easy it became question that often comes up for us is: body agrees to that on Wall Street. It once I learned how. And I marvel some- Isn’t our balanced budget amendment a

VerDate Mar 15 2010 22:05 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S12FE7.REC S12FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 12, 1997 CONGRESSIONAL RECORD — SENATE S1335 gimmick? Isn’t yours real, the one of- down, if his amendment was added— tion. We should not lock into the Con- fered by the Senator from Utah? The and it will go down and everybody stitution the largest item in the Fed- answer, I would say to the Senator knows that—the gross debt will grow eral budget, which is outside the pur- from Utah, is, it is now 6:27. If at 6:28 at least as fast. So his solution is not view of the constitutional amendment. we pass and all the States ratify your a solution. If you start doing that, that is risky. proposal, at 6:29 will there have been We all know that the only balanced You do not know how that will affect one penny difference in the Federal budget amendment we have a chance of senior citizens. It is likely to hurt the debt or the Federal deficit? The answer passing is the underlying amendment senior citizens, and it is better to keep is ‘‘No.’’ that includes everything on the budget. things on budget. I suspect that there Mr. HATCH. Of course not. Of course We also all know, in all fairness, that is no question in anybody’s mind that not. But passage of the balanced budg- Social Security should be included be- Social Security is more than capable of et amendment is the first and only real cause it is more than capable of com- fending for itself and of getting an- step toward a balanced budget and fis- peting with other programs, and it other 98-to-2 vote in the Senate and an cal sanity. ought to have to compete. Let me tell equivalent vote in the House that you Mr. DORGAN. I say this. My proposal you this, if it is not on there, I think it cannot tamper with it. is a proposal to similarly require a bal- is a risky gimmick to take it out. anced budget. I think there is merit in When somebody says our balanced Frankly, I am one of those that that discipline. But I would say this. budget amendment is a gimmick, I would make sure to vote that you do When we alter the Constitution to re- agree with the Senator from Maine, not tamper with Social Security, to lock the exemption in the Constitution quire a balanced budget, I want to do it OLYMPIA SNOWE, who said today, if it in a way that really requires that this was a gimmick, we would have passed forever. Such a budgetary practice, is debt clock that you brought to your it long ago. The fact is that it is why risky. That could have a terribly bad hearing that day stop, dead stop; not a it is being fought so hard against. It effect on senior citizens. I think senior slow creep, but a dead stop. No more will put fiscal restraints and discipline citizens are starting to wake up to debt for your kids, my kids, no more on all items of the budget that has that. They know this issue has been debts for this country, so we can start been long overdue. I think that has to used blatantly and politically and demogogically for years now. I think paying down the debt rather than con- be done. they are getting tired of it. tinue to increase the debt. I yield the floor. I do not want to create a shell game The PRESIDING OFFICER (Mr. Mr. CONRAD. Mr. President, let me here where we say, let us have a giant BROWNBACK). The Senator from North say I find this argument very inter- feast because we have balanced the Dakota. esting because the principle is iden- budget, and then have someone, some Mr. CONRAD. Mr. President, I have tical. little kid point up to that debt clock been listening to this debate with a In 1990, we had a vote on the floor of and say, ‘‘Gee, Daddy, why is the debt great deal of interest. I was especially the U.S. Senate to separate out the So- clock still increasing, because Senator interested that the Senator from Utah cial Security trust fund from the rest HATCH or Senator so and so said we bal- described as a fiscal gimmick sepa- of the Federal budget. The Senator anced the budget?’’ rating out the Social Security trust from Utah voted in favor of separating I say you and I do not have a dis- fund from the rest of the Federal budg- out the Social Security trust fund. agreement about what we ought to be et, because, if I am not mistaken, the Today, he says we ought to enshrine doing. We ought to balance the budget. Senator from Utah himself voted for in the Constitution the reverse prin- Nor do we have a disagreement about that very proposition in 1990. In fact, ciple, that we ought to put them to- whether there is merit to have put it in we had a vote right on the floor of the gether, that the Social Security trust the Constitution. U.S. Senate on the specific question of fund ought to be married to the rest of We have a very big disagreement whether or not we were going to count the Federal budget. about the $3 trillion in the next 20 the Social Security trust fund as part years or so in Social Security sur- of the overall budget or not. What is wrong with that principle is pluses, deciding that we ought to take I believe separating out the Social what was wrong with it in 1990, and those out of reach and save them for Security trust fund received 97 or 98 what I believe 98 Senators said, that we the purpose we said we are going to votes. I believe the Senator from Utah are not going to merge the two, we will save them for. We have great disagree- was recorded in favor of the propo- not count the Social Security trust ment about whether or not that is a sition that he now describes as a gim- fund with the rest of the budget, be- gimmick or whether that is important mick. I do not believe that he felt it cause it is a risky financial move to for the future of this country. That is was a gimmick then, and I do not be- put the two together. It masks the size where we disagree. lieve that anybody who voted for it be- of the deficits in the early years, and in Mr. HATCH. I think that is true. Let lieved it was a gimmick then. It was a the later years creates a whole series of me just say, so I clarify, I did not say move to try to stop the nefarious prac- other problems. that the distinguished Senator from tice of using Social Security trust fund Mr. HATCH. Will the Senator yield? North Dakota is a sophist, though I surpluses to mask the true size of the Mr. CONRAD. If I could finish the think he would make a good one. I did operating deficit in this country. thought, we are in a circumstance now say that I think his arguments are— Now what they are seeking to do is where the Senator from Utah is advo- Mr. DORGAN. I did not say the Sen- put that flawed principle in the Con- cating when he says locking into the ator from Utah could juggle, although stitution of the United States. I just Constitution is a risky matter, that is I think it looks to me like he has that note that back in 1990 when we had precisely what he is advocating. talent. that vote, passed by a vote, as I recall, In 1990, he voted to keep Social Secu- Mr. HATCH. I admitted I could not. of 20 to 1 in the Senate Budget Com- rity separate from the rest of the budg- Mr. DORGAN. I think he has the tal- mittee. et. Now he is advocating a constitu- ent, the potential. Mr. HATCH. Will the Senator yield? tional amendment that would force the Mr. HATCH. Let me say this. I think Mr. CONRAD. I am happy to yield to two together. there is a good argument the gross debt the Senator. increase does not matter in this con- Mr. HATCH. That is quite a bit dif- Mr. President, I think the Senator text. Why? Because it is just evidence ferent from what I am saying. We did from Utah was right in 1990 when he of what one agency in the Government not include Social Security in the cast that vote. I think he is simply owes another agency. What is of eco- budget in Gramm–Rudman-Hollings mistaken in offering this constitu- nomic consequence is net debt—net solely so as to not give the President tional amendment that puts the two debt; that is debt held by the public the right to sequester Social Security together. which is legally enforceable. funds. But this exclusion was not from What is the difference between the Now, I have to say that the Senator’s the budget itself. But we should not Social Security trust fund and other proposal does not stop the debt from lock the exemption into the Constitu- parts of the Federal budget? Mr. Presi- growing, and under his proposal, if this tion. We can always change statutes. It dent, the primary difference is a dedi- balanced budget amendment goes is much harder to amend the Constitu- cated revenue source. We withhold in

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We can’t extend morn- 1990 Budget Act basically stated in one it is going to hurt Social Security, too. ing business past 3 o’clock tomorrow. section to take Social Security out of The best thing we can do is keep every- Mr. FORD. Well, maybe we want to budget. It said in another section to thing in the budget and start being object to all of it, then, if we can’t—— leave it in. This is confusing. But both budget people who work, and who do Mr. HATCH. I think we just have to Congress and the President have con- what’s right, and get rid of these 28 work it out. strued the Budget Act of 1990 to allow years of unbalanced budgets that have Mr. FORD. I understand you will Social Security to be included within just about wrecked the country. And it work it out if you work it out your the unitary budget. could very well wreck Social Security. way. I just want us to have an oppor- Second, Social Security is not a pay- I yield the floor. tunity to get involved in this. How do go system under the 1990 act. I want to f you intend to work it out? add that once you make that decision to take the largest item out of the APPOINTMENTS BY THE VICE Mr. HATCH. These are the only re- budget, you have provided a loophole PRESIDENT quests I have. where people can impinge on Social Se- The PRESIDING OFFICER. The Mr. FORD. We have a list, a bushel curity and hurt senior citizens. Any- Chair, on behalf of the Vice President, basketful, just like you have, and these body who does not believe in those pursuant to Public Law 94–304, as Senators want time. They have been loopholes better look at these stacks. amended by Public Law 99–7, appoints told they could get time, and we expect They are filled with loopholes like the Senator from New York [Mr. to get them time. that. We are trying to stop those loop- D’AMATO] as Chairman of the Commis- Mr. HATCH. I am informed by the holes. sion on Security and Cooperation in leadership office that we will be able to I might also mention this, because I Europe. update the Senate about 2 o’clock to- think it is pretty important. All con- The PRESIDING OFFICER. The morrow. Hopefully, these matters can stitutional scholars who testified be- Chair, on behalf of the Vice President, be resolved. The majority leader may fore our committee, those for the bal- pursuant to the order of the Senate of want to proceed to other business. I anced budget amendment and those January 24, 1901, as modified by the don’t know. But my understanding is against the balanced budget amend- order of February 10, 1997, appoints the that there is going to be an effort to ment, Senate Joint Resolution 1, testi- Senator from Tennessee [Mr. FRIST] to try to accommodate people. I think the fied that exempting Social Security in read Washington’s Farewell Address on two leaders will have to work that out. the Constitution was constitutionally Monday, February 24, 1997. But we can’t do it until 2 o’clock to- risky. It is a risky gimmick to do that. f morrow. No one knows how that will hurt the Mr. FORD. Why can’t the leader be ORDERS FOR THURSDAY, seniors, but we know it will. It would asked tonight? We can suggest the ab- FEBRUARY 13, 1997 subject Social Security and the Con- sence of a quorum and see if we can get stitution to a gaming approach. They Mr. HATCH. Mr. President, I ask an answer tonight. could game the process. They could unanimous consent that when the Sen- Mr. HATCH. Well, I think the Sen- game Social Security. They could ate completes its business today, it ator knows the problems of leadership. game the Constitution. That would be stand in adjournment until the hour of The things we are trying to do tomor- a disaster for our country. 11 a.m. on Thursday, February 13. I fur- row can’t be cleared tonight. So until Alan Morrison, one of the leading ther ask that immediately following we get to 2 o’clock, we can’t resolve constitutional lawyers in this country, the prayer, the routine requests for the this. who disagreed about the wisdom of the morning hour be granted and the Sen- Mr. FORD. Do I have the Senator’s balanced budget amendment, said: ate then proceed to a period of morning word that, at 2 o’clock tomorrow, this ‘‘Given the size of Social Security, to business until the hour of 3 p.m., with side will be notified as to the time allow it to run at a deficit would un- Senators to speak during the des- available for us to allow our colleagues dermine the whole concept of a bal- ignated times: to have time in morning business—and anced budget. Moreover, there is no Senator THOMAS, or his designee, in it won’t be 5 minutes; some will want definition of Social Security in the control of the time from 11 to 12 noon; more than 5 minutes. Some will want Constitution and it would be extremely Senator REED of Rhode Island and Sen- 15. I see on here that of the 1 hour you unwise and productive of litigation and ator KENNEDY for up to 30 minutes have, you have 65 minutes assigned. So political maneuvering to try to write each, between 12 and 1 o’clock; the you stretched it a little bit here. If you one. If there is to be a balanced budget time from 1 o’clock until 2 o’clock di- could do that on all the hours, maybe constitutional amendment, there vided among the following Senators: we can get more business done. Senator GRAMS for 20 minutes, Senator should be no exceptions.’’ Mr. HATCH. I will certainly take the In conclusion, the biggest threat to DOMENICI for 10 minutes, Senator MUR- Senator’s request to the majority lead- Social Security is our growing debt and KOWSKI for 10 minutes, Senator COATS er and ask him to consider it. the concomitant interest payments. for 10 minutes, Senator FAIRCLOTH for 5 That related inflation hits hardest on minutes; the time between 2 o’clock to Mr. FORD. I expect, at 2 o’clock, for those on fixed incomes, and the Gov- 3 o’clock divided in the following fash- us to be informed tomorrow as to how much time will be available to us and ernment’s use of capital to fund debt ion: Senator GRAHAM of Florida, 10 how many of my colleagues will be able slows productivity and income growth minutes; Senator KOHL, 10 minutes; to speak. and siphons off needed money for and Senator HOLLINGS, 45 minutes. worthwhile programs. The way to pro- The PRESIDING OFFICER. Without Mr. HATCH. I will take that request tect Social Security benefits is to pass objection—— to the majority leader. I will certainly Senate Joint Resolution 1, the bal- Mr. FORD. Mr. President, reserving do that. anced budget constitutional amend- the right to object, and I probably will Mr. FORD. As long as it is a matter ment. not. I would like to ask the distin- of record and you understand where I The proposal to exempt Social Secu- guished Senator from Utah, the acting am coming from. rity would not only destroy the bal- floor leader, this. We have more Sen- Mr. HATCH. I do. I know you are pro- anced budget amendment—the only ators that would like to have an oppor- tecting your side, as you should. one that can pass, a bipartisan amend- tunity to speak tomorrow as it relates The PRESIDING OFFICER. Without ment, a bicameral amendment, bipar- to morning business. I see that you are objection, it is so ordered.

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ACHIEVING A CIVIL SOCIETY IN left. This document represents a beginning; nities and civil society by providing funding, THE UNITED STATES it also represents a consensus in regard to leadership and volunteers. the conditions necessary to create a society 2. Together, define short- and long-term that works for all Americans and gives indi- needs of communities and create plans to HON. NEWT GINGRICH viduals and families the power to create the meet them. OF GEORGIA communities they want. As a society, with all sectors at the table, IN THE HOUSE OF REPRESENTATIVES HOW DO WE GET THERE: GROUNDWORK FOR we must assess where we share a collective ACHIEVING A CIVIL SOCIETY vision for creating a civil society which will Wednesday, February 12, 1997 transcend separate purposes of each sector, Mr. GINGRICH. Mr. Speaker, I want to en- 1. Create a shared vision of the roles and and create plans and policies needed to responsibilities of each sector in building structure a civil society. courage my colleagues to read the following strong communities. report, ``Achieving a Civil Society in the U.S.'' We are all in this together. Each of the ACTION ITEMS/GUIDING PRINCIPLES which was written by a nonprofit roundtable three sectors-business, government and non- Nonprofits must move from a deficit-model that I set up in my district to study the need profits—must understand our respective approach to one that builds on existing to reform and improve the nonprofit sector. roles and responsibilities in keeping the strengths and assets in communities. Our Nation is the leading country on the ‘‘three legged stool’’ of a civil society up- Government policy makers must look be- right. Our interdependence must be acknowl- yond this budget year or election year in planet, with both a successful economy and planning for the future. the greatest opportunities for success. How- edged, celebrated and undergirded through public policy, public relations, financing Nonprofits must develop long-term strate- ever, our civilization is at the risk of decay. mechanisms and program development. gies that are focused on prevention and solu- Poverty, crime, and drugs threaten the lives of Agreeing on relative roles and responsibil- tions while ensuring that basic human needs countless citizens on a daily basis. Our mis- ities of each sector is essential to achieving are met. sion must be to create an opportunity society a civil society. And each sector must recog- Nonprofits must learn to adopt the best where nonprofit organizations, businesses, nize and support the roles of the others in practices of the corporate sector to sustain this society. their community mission. They must know and government work together to ensure ev- how to cost their services and bring greater eryone in this country can pursue the Amer- The nonprofit sector’s unique role in the community is to be a model builder and pio- efficiencies into their operations. ican dream of life, liberty, and the pursuit of Funding sources—government and pri- neer for new social forms and human serv- vate—must allow for long-term solutions to happiness. All it takes to make a difference in ices. The flexible and entrepreneurial spirit be developed and implemented. the lives of those less fortunate, is to give a which birthed most nonprofits is the appro- Government and nonprofits must work to- couple of hours, even just once a month. Such priate environment in which experiments gether to ensure that the process for trans- and innovative programs can be developed. a commitment would make a tremendous dif- formation takes into account that this will ference in the quality of life of all Americans. ACTION ITEMS/GUIDING PRINCIPLES be a time of great transition and develop The report follows: Nonprofit organizations working on the ways to protect the most vulnerable in soci- ACHIEVING A CIVIL SOCIETY IN THE UNITED front lines of issues must clearly define and ety during that time. STATES—JULY 5, 1996 articulate best practices and develop new Planning must take place from a thorough Since September 1995, a group of executive models of impact. understanding of past successes and failures. directors and volunteer leaders from a cross- Nonprofits must take responsibility for 3. Establish and promote true collabora- section of nonprofit organizations primarily being the voice of their constituents to all tions and partnerships within and among the in the Atlanta, Georgia, area with participa- aspects of the organization’s work and to the sectors to work toward a civil society. tion from Augusta, Dalton and Tifton, Geor- public policy table. No single sector has the capacity, by itself gia have been meeting periodically with the The federal government must take respon- to implement a vision for a civil society. No Speaker of the U.S. House, Rep. Newt Ging- sibility for accomplishing welfare reform in agency or business or department of govern- rich. The purpose of these meetings has been a way that does not leave behind or punish ment can bring about significant change un- to begin a dialog about the role of the non- our country’s most vulnerable citizens. It less it works with partners within its sector profit sector in creating a civil society and must also recognize that the private sector and the other two. Our success in transform- the potential impact of federal policy on this cannot fill the gap in funding currently pro- ing our society is dependent upon the three sector. posed by Congress. sectors working together. Collaboration Through the course of several meetings, All three sectors must share the risks of must move beyond rhetoric to substantial Rep. Gingrich charged the group with the change and work to communicate the shared action and must draw upon mutual respect, task of defining their vision for a trans- vision to the general public. Public discus- use of each sector’s strengths and broad ex- formational society, an ideal view of the fu- sion should focus on a tripartite model which pertise. ture of America from the nonprofit stand- clearly articulates the civil sector’s role as ACTION ITEMS/GUIDING PRINCIPLES point. an equal partner in the creation of a new vi- Nonprofits must work together to define A vision of a civil society is one on which sion of our society. problems and bring best practices to light in most Americans can agree. It describes a We must develop a shared definition of their respective fields. country where the three sectors of society, healthy communities that allows for local Nonprofits should strive to create high- nonprofit, business, government, cooperate flexibility at the same time identifies com- quality, cost effective integrated service de- to meet the needs of its citizens. In this ideal mon benchmarks against which to measure livery systems across the human services country, neighbors help neighbors, and the impact. continuum. general populace is fed, housed, clothed, edu- In developing power from the federal to Funding sources—government and pri- cated, and healed. In this civil society all local governments, Washington must take vate—should recognize and fund costs associ- citizens are actively engaged in their com- responsibility and leadership for managing ated with collaborative efforts among non- munities, dedicated to improving the quality the change and measuring the impact of profits. of life for all. devolution on communities, nonprofits and Government should recognize and support The true challenge comes in trying to cre- state and local governments. partnerships with nonprofits as a desirable ate a more concrete statement from this vi- Privatization efforts must take into ac- method of providing services in the commu- sion: a system by which individuals and their count the role of private nonprofits in ac- nity. institutions—nonprofits, business and gov- complishing the task of delivering high-qual- Business must recognize that return on in- ernment—collaborate to create a civil soci- ity, cost efficient services. vestment in the community through part- ety with the capacity to continually trans- Nonprofits must have a voice in govern- nerships affects the corporate bottom line form and reinvent itself as population needs ment and in the planning of our future as a and the quality of life of its employees. change and new challenges arise. nation. It is especially essential that they Each sector must actively seek partner- Through a facilitated meeting, the group have a fair say with regards to issues and ships to implement the shared vision. of nonprofit representatives developed sev- legislation that directly affects them. 4. Evaluate and implement financial re- eral broad principles and recommendations Business must bear its responsibility, as forms and incentives to support the shared on which to build such a system. This is only corporate citizens of its communities, for vision. Provide revenue sources necessary to a start; there is much work and discussion supporting the creation of healthy commu- support the new vision.

∑ 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. E222 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 Undergirding the creation of civil society provide computers and an Internet link-up essary to oversee a multi-year technology are a number of economic factors. Trans- for every school and library in the country. project. The departure of many top managers formation must include financial reforms The idea is to give every school child, in- from the government to the corporate sector and appropriate incentives for government, deed, every citizen, across the country the makes a tough job even more difficult. The business and the nonprofit sector. same access to information of every conceiv- government, of course, cannot compete with Incentivized strategies will allow for the able sort. This promises to expand greatly the salaries offered by private companies. most creative and unencumbered approaches the educational and employment opportuni- This loss of talent has been worsened in re- toward development of a civil society. Re- ties for all Americans. The President is sure- cent years by anti-government rhetoric, cul- sources are each sector’s investment in the ly right to focus on information technology minating in last winter’s government shut- shared vision. as a key to education and opportunity in the downs. This has hurt morale throughout the ACTION ITEMS/GUIDING PRINCIPLES 21st Century. career civil service and prompted many of The federal government, however, has not the best government professionals to seek Congress must protect the current tax-ex- been a model of successful computerization. other careers. empt status of nonprofits and expand the The ‘‘reinventing government’’ effort has al- There are other reasons for the poor gov- charitable deduction to non-itemizers. ready resulted in a federal government that ernment track record on computer mod- Business must encourage employees to is smaller and cheaper in terms of proportion ernization. Congress, for example, has in give both money and time to their commu- of our GDP than at any time since the early some cases simply slashed budgets for tech- nities. 1960’s, but it has been hindered by the failure nology, without providing alternative means Congress should develop tax incentives for of the government to modernize its computer for agencies to replace obsolete technology. business to become more involved in their technology. While some agencies are doing a In addition, government procurement rules communities. have often impeded modernization efforts. Business should seek ways to partner with good job government cannot ‘‘work smarter’’ These regulations were aimed at preventing nonprofit organizations to leverage human unless it has the best and most modern infor- waste and ensuring fairness in the purchas- and financial capital for community needs. mation tools. Nonprofits should seek ways for their con- Outdated Technology: The federal govern- ing of goods and services, but have often stituents to invest in their services to create ment spends about $30 billion per year on in- proved too restrictive and too cumbersome. Moving Toward Reform: Fortunately, the new revenue streams as they are available. formation technology, but sometimes it is situation is improving. In the past few years, Business and government should create in- hard to see the benefits. A recent report by Congress has passed new laws to improve centives for displaced workers to join in cre- the General Accounting Office, Congress’ in- procurement and the management of infor- ating a civil society by working in nonprofit vestigative arm, documented failures in gov- mation, and to eliminate red tape. These new causes. ernment acquisition and management of in- laws, drawing upon private sector models, 5. Establish requirements and measure- formation technology. This report criticized have decentralized decision-making and ment systems that will ensure mutual ac- in particular two agencies that have direct made it easier for government agencies to countability for community outcomes. impact on all Americans: the Federal Avia- The focus of accountability and regulation tion Administration (FAA) and the Internal act like private companies in negotiating must go beyond cost-effectiveness and high- Revenue Service (IRS). the best deals when buying computers and other items. They have also mandated that light outcomes leading the realization of our The FAA began a comprehensive mod- agencies give higher priority to information vision. Currently, in both the nonprofit and ernization of the nationwide air traffic con- technology modernization. government sectors, accountability often re- trol system in 1981. Today, 16 years and sev- eral billion dollars later, air traffic control- Early indications are that agencies are lates only to process. The ultimate account- using their new administrative freedom well ability questions in a civil society are: lers are still using 1960’s-vintage equipment. The men and women responsible for the safe- and making real gains. For instance, after ‘‘What impact did we have in the commu- implementing a new computer system, the nity? What benefits, and at what cost?’’ ty of passenger airliners depend upon equip- ment using vacuum tubes so antiquated that Social Security Administration was ranked ACTION ITEMS/GUIDING PRINCIPLES replacements have to be imported from Po- as offering the best telephone customer serv- Impact measurements should be developed land. As might be expected, this equipment ice in the nation. Also, the U.S. Postal Serv- using common benchmarks among all three is prone to frequent breakdowns. Experts say ice, thanks to increased automation, sectors, by which progress and success may that several fatal airplane accidents could achieved record on-time mail delivery in be measured and all involved may be held ac- have been prevented by better computers. 1996. Congress must keep the pressure on so countable for their work. The good news is that air traffic controllers that we see more progress in the years A system to measure efficiency and impact will finally begin to receive new and more ahead. Conclusion: Hoosiers want government to should be developed specifically for nonprofit reliable equipment this year. But it has work better and cost less. But as we ask gov- organizations. taken too long, and cost too much. Government regulations of the nonprofit The IRS has spent vast sums on new com- ernment to do more with less by ‘‘working sector should be focused on outcomes rather puters—some $4 billion to date—with only smarter’’, we have to make sure it has the than on processes. Government should be es- limited results. Most returns are still proc- proper tools to do the job. Congress and the pecially sensitive to the effect of regulations essed the old fashioned way, by hand, with President must work together to ensure that on small, grassroots organizations and the error rates of as much as 16%. This waste is the federal government has the necessary tradeoff of impact for efficiency that burden- compounded by the fact that obsolete tech- management expertise and administrative some regulations can cause. There should be nology lets many tax cheats off the hook. flexibility to procure and effectively to use a balance of regulation that brings about The IRS itself has estimated that in 1995 it the best information technology. Only then meaningful accountability without sacrific- failed to collect $170 billion owed the govern- can the government serve its customers bet- ing the ability of nonprofits to have signifi- ment. If better computers allowed the IRS to ter. cant impact. collect even a fraction of that amount, it f Intermediate sanctions should be devel- would go a long way toward balancing the oped to allow the IRS to impose targeted and federal budget. MEXICAN BAILOUT proportionate measures on a public charity’s Roots of the Problem: Why has the govern- officers, directors or other individuals in ment spent so much money but fallen so far HON. RON PAUL cases of abuse in nonprofits. behind in information technology? One rea- The emerging field of business ethics and OF TEXAS son is the complexity of tasks we ask the IN THE HOUSE OF REPRESENTATIVES accountability should align itself with com- federal government to do for us. For in- munity outcomes for the shared vision. stance, keeping track of dozens or hundreds Wednesday, February 12, 1997 f of aircraft flying through a particular sector, Mr. PAUL. Mr. Speaker, President Clinton, or managing the tax returns for a nation of COMPUTER MODERNIZATION in his State of the Union Address, proudly an- 260 million people, are tasks which over- nounced that ``We should all be proud that whelm most sophisticated supercomputers. Faced with ‘‘downsized’’ staffs and increased America led the effort to rescue our neighbor, HON. LEE H. HAMILTON Mexico, from its economic crisis. And we OF INDIANA workload, the FAA and IRS attempted to should all be proud that Mexico repaid the IN THE HOUSE OF REPRESENTATIVES leap to ‘‘new generation’’ computer systems. Unfortunately, they did not have the proper United StatesÐ3 full years ahead of sched- Wednesday, February 12, 1997 management or technical skills to oversee uleÐwith half a billion dollar profit to us.'' The Mr. HAMILTON. Mr. Speaker, I am inserting creation of this advanced technology. reporting of this payback and the State of the A lack of management expertise has hin- Union Address was all favorable, highly prais- my Washington Report for Wednesday, Janu- dered attempts to automate operations ary 8, 1997 into the CONGRESSIONAL RECORD. throughout the government. The political ing the administration. The bailout was biparti- COMPUTER MODERNIZATION IN THE FEDERAL appointees who run our agencies serve for a san so leaders of both parties were pleased GOVERNMENT few years at most (an average Cabinet Sec- with the announcement. International finance, During the past several months, President retary, for example, serves about 2 years), just as it is with international military oper- Clinton urged Americans to work together to and do not possess the specialized skills nec- ations, is rarely hindered by inter-party fights February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E223 that get so much attention. But there are sev- 50 more years of security and prosperity.'' He out getting into too much detail on the tech- eral reasons why we should not be too quick earlier told us the ``era of big government is nical aspects of the bill at this time, I would to congratulate the money manipulators. over,'' but calls for full burden sharing through simply say that this legislation would modify First, they merely celebrate the postpone- the IMF in a multilateral way with the Mexico the tax treatment of income received by a for- ment of the day of reckoning of their financial agreement. We need to end this shell game of eign investor through a U.S. mutual fund so as Ponzi scheme. It took $50 billion in United masking economic mismanagement by cir- to make it generally comparable to the tax States dollars to save creditors who had un- cumventing both the Constitution and Con- treatment of the same income when received wisely invested in Mexico prior to the crisis of gress. directly or through a foreign mutual fund. 2 years ago. Much of this $50 billion also in- We must stand firm in our opposition to the Mr. Speaker, I believe this legislation makes cluded U.S. credit extended through the IMF, establishment of new extra-governmental good sense both from a tax and trade policy the World Bank, and the Bank of International agreements that will reward governments with perspective, and I urge my colleagues to lend Settlements, much of which is yet to be re- irresponsible policies which, at the same time, their support. paid. punish their own people and erode U.S. sov- f Second, foreign government welfare, and ereignty. Such policies take us one step fur- there is no better name for it, takes money out ther from a constitutional rule of law, and insti- TRIBUTE TO THE HONORABLE of the productive sectors of the economyÐthe tutionalize the United States as the world's FRANK TEJEDA paychecks of middle-class AmericansÐto re- lender of last resortÐall at the expense of the ward economic mismanagement and political American taxpayer. HON. FLOYD SPENCE corruption. Such welfare exacerbates Mexico's Political and economic factors can override, OF SOUTH CAROLINA suffering: social disruption, economic stagna- only in the short run, the subtle reality that the IN THE HOUSE OF REPRESENTATIVES tion, debt crises, and declines in real incomes. fiat nature of the dollar guarantees its inherent Wednesday, February 12, 1997 Third, a new fund set up under the IMF will weakness and steady depreciation. This new serve to bail out the next Mexico in trouble. easy credit scheme that the Government cre- Mr. SPENCE. Mr. Speaker: It is with great The plan calls for the establishment of a $25 ates by fiat only expands the World Dollar sadness that I rise today to honor my friend billion credit fund with the United States Base leading to U.S. dollar depreciation and and colleague, Frank Tejeda, who served our ponying up $3.5 billion. This fund is in addition reduced buying power. Nation in the House of Representatives for the to the IMF funds already available for such cri- In essence, the bailout of Mexico and the fi- last 4 years of his life. I wholeheartedly sup- ses. Mexico has also received help from the nancing of the payback with interest, to the port H.R. 499, legislation which designates a Inter-American Development Fund; again, indi- sheer delight of the politicians and their Wall U.S. Postal building in San Antonio to be rectly supported by United States taxpayers. Street constituents, were done on the back of named the ``Frank M. Tejeda Post Office These funds indirectly guarantee the newly-is- the United States dollar and the United States Building''. Though this is a small gesture with sued Mexican Government bonds and under- taxpayer. The real consequence, however, will which to recognize Frank's life work, this mine the normal incentive for investors to po- not be felt until dollar confidence is lost which monument will serve as a testimonial to lice governments. will surely come and be accompanied by rapid Frank's heroic public service in his hometown As such, more confidence is now being inflation and high interest rates. of San Antonio and for our Nation at large. placed in new Mexican bonds enabling Mexico f Frank's career as a dedicated public servant to refinance its old loans. Of course, it is at is highlighted by his ongoing commitment to slightly lower interest rates, but they are more INVESTMENT COMPETITIVENESS our national defense. He joined the Marines than doubling the time of repayment. All in- ACT when he was only 17 years of age. While vestments involve some risks. The rewards of serving in Vietnam, he earned the Bronze Star such risk-taking are appropriately realized by HON. PHILIP M. CRANE for valor and the Purple Heart for sustaining investors as loans are repaid. American tax- OF ILLINOIS wounds during an enemy ambush. Frank was payers should not, however, be forced to sub- IN THE HOUSE OF REPRESENTATIVES also awarded the Commandment's Trophy, the Marine Corps Association Award, and the sidize the Wall Street financier any time such Wednesday, February 12, 1997 entrepreneurial ventures are unprofitable. The Silver Star. true test of the professed confidence in Mex- Mr. CRANE. Mr. Speaker, today I am intro- After returning from Vietnam, Frank at- ico will come from the level of private invest- ducing the Investment Competitiveness Act tended Marine Officers Candidate School and ment into the productive sectors of the econ- along with my colleagues, Ms. DUNN and Mr. attained the highest grades in the history of omy. MCDERMOTT. In a nutshell, this legislation is the school. He continued on to earn his bach- Fourth, the Fed is allowed to hold Mexican designed to encourage additional foreign in- elor's degree in government from St. Mary's bonds and use them as collateral for our own vestment in the United States by eliminating a College. After graduating from college, Frank Federal Reserve Notes. It does so, even tax that we impose on foreigners only when went on to earn several high academic de- though it will not admit it, and refuses to re- they invest in the United States through a U.S. grees from our country's most prestigious veal just how much it holds. It is quite possible mutual fund. As chairman of the Ways and schools: a juris doctor from the University of that the newly issued Mexican bonds will find Means Subcommittee on Trade, I view this tax California at Berkeley, a masters degree in their way into the Fed's holdings. How far issue from the trade perspectiveÐwe ought public administration from Harvard, and a down the road we have traveled from constitu- not be setting up artificial barriers to trade or master of laws degree from Yale. tional money when we are backing the dollar investment, particularly when others do not re- Prior to being elected to Congress, Frank not with gold but with Mexican bonds! quire the same of us. Such a policy is not only served 16 years in the Texas legislature: 10 Fifth, a likely motivation for this fanfare re- contrary to basic free market principles, but years in the Texas House of Representatives garding the repayment of the loans, and the leaves us with a tax policy that discourages and 6 years in the Texas Senate. Throughout so-called profits engendered, is to get the foreign investment in the United States this time, Frank championed veterans' issues United States Congress to go along with using through mutual fundsÐmeaning the money and especially, veterans' housing and medical this money to pay our back dues to the United goes elsewhere. Our ability to encourage for- care. Nations. How about paying our so-called U.N. eign investment in U.S. securities will help Frank was a valued member of the House back dues with our Mexican bond holdings? lower capital costs and interest rates here at National Security Committee for the duration The use of the Exchange Stabilization Fund home. That means that money will be more of his career in Congress. I and the other to bail out the peso was illegal and unconstitu- easily available for entrepreneurs to create members of the committee will miss him and tional, and yet now we have a precedent not and expand business opportunities, meaning the high ideals that he brought to his work. As only established but praised for its great suc- more job creation in the United States. a member of the National Security Committee, cess. This precedent encourages political cur- Under present law, most kinds of interest Frank fought against defense spending cuts rency manipulation over sound fiscal and mon- and short-term capital gains received directly and base closures that would have negatively etary policies as well as establishes the United by a foreign investor or received through a for- affected the Nation. States as lender of last resort for all govern- eign mutual fund are not subject to the 30 per- Frank Tejeda was an exceptional politician ments with bad policies. cent withholding tax on investment income. and a patriotic American. I am thankful to President Clinton claims that ``We stand at However, interest and short-term capital gain have known him and to have worked along- another moment of change and choiceÐand income, when received through a U.S. mutual side him. His leadership, intellect, and friend- another time to be farsighted, to bring America fund, are subject to the withholding tax. With- ship will be greatly missed by us all. E224 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 PRE-NEED FUNERAL TRUST BILL served with signal and armor units. Locating in issuesÐmost notably, East Timor, human Rolla, MO, he joined the 1438th Engineer rights, and labor rightsÐthat at present limit HON. PATSY T. MINK Company, and later would command the com- our ability to develop strong across-the-board OF HAWAII pany. ties with Indonesia. IN THE HOUSE OF REPRESENTATIVES He moved through the ranks, and at the Given the actual, and even more the poten- Wednesday, February 12, 1997 time of his retirement as a colonel in February, tial, importance of this bilateral relationship, I 1986 was deputy commander of the 35th En- encourage my colleagues to read the en- Mrs. MINK of Hawaii. Mr. Speaker, I re- gineer Brigade. His time in the retired ranks closed exchange of letters. cently introduced legislation (H.R. 684) to re- lasted 7 years almost to the day. Missouri COMMITTEE ON INTERNATIONAL lieve the tax burden for individuals who have Gov. Mel Carnahan recalled him to duty and RELATIONS, purchased preneed funeral trusts. A preneed he became Missouri's adjutant general in Feb- HOUSE OF REPRESENTATIVES, Washington, DC, November 20, 1996. funeral trust is one in which monies are set ruary 1993. Hon. WARREN M. CHRISTOPHER, aside for future funeral costs, in order to allevi- Immediately General Pendergrass had to ate funeral expenses that may abruptly saddle Secretary of State, deal with difficult reorganization decisions fac- Washington, DC. remaining family members with tremendous ing the National Guard as a result of the post- DEAR MR. SECRETARY: I write in order to and even unexpected financial burden. Individ- cold war reductions being made to the Army share with you some of my thoughts on the uals usually enter into a contract and pur- and Air Forces. But in only 4 months a more U.S. relationship with Indonesia. chase preneed funeral trusts with funeral or acute challenge faced him, the great flood of I believe it is very much in the U.S. inter- burial service providers, deciding at that time est to have a fundamentally sound relation- 1993. ship with Indonesia. Unfortunately, I fear on final arrangements for themselves and/or Beginning in July 1993 and for the next 2 family members. that we are reaching a point where it may be months, General Pendergrass led the men impossible to sustain political support in the H.R. 684 would remedy a bureaucratic in- and women of the Missouri National Guard in Congress for such a relationship. Certainly a equity related to preneed funeral trusts which its largest State emergency mission ever as repetition of the events associated with the was created by a January 29, 1988 Internal both the Missouri and Mississippi Rivers Jakarta riot last July, and the government’s Revenue Ruling (87±127). Under this IRS rul- overran their banks and everything in front of subsequent crackdown on its critics, would ing, individuals purchasing preneed funeral them. undermine congressional support for solid re- trusts are required to report money in these lations with Indonesia. General Pendergrass and the men and For this reason, I would urge you and other trusts on their 1040 income tax forms and pay women of the Missouri National Guard worked taxes on the interest income earned by these senior administration officials to make cer- with scores of State and Federal agencies to tain that President Suharto understands trusts, despite the fact that this interest is not provide a response capability unequaled any- that the maintenance of a cordial U.S.-Indo- returned to the purchaser. This has created where during that massive multi-State disas- nesian relationship depends upon the avoid- confusion on the part of the purchasers who ter. ance of any further upheavals in either East believe it unfair that they be assessed this tax General Pendergrass applied his leadership Timor or the rest of Indonesia. on interest they never receive nor benefit skills to ensure that the forces of the Missouri Given the importance of the East Timor from. issue to many Members of Congress, you National Guard were equally accessible for might suggest specific steps Jakarta could The ruling also established two classes of Federal missions. During his tenure as adju- taxpayers with disproportionate tax treatment. take to ease tensions in East Timor and as- tant general, units and individuals from the suage congressional concern in Washington. Trusts purchased before the effective date of Missouri National Guard have served with dis- Reducing the number of Indonesian troops the ruling were subject to a grandfather tinction from Germany to the Balkans in Oper- and police in East Timor would be an invalu- clause, establishing a significant inequity be- ation Joint Endeavor, and earlier in Somalia, able first step. In addition, you might en- tween trusts purchased before and after the Haiti, and Rwanda. During the same period courage the Indonesian government to: Continue and accelerate Indonesia’s dia- effective date. his units led our nation-building efforts in Latin H.R. 684 would require providers of preneed logue with Portugal regarding East Timor. America, building roads and schools and pro- Recognize the importance of bringing the funeral trustsÐfuneral homes or cemeteriesÐ viding medical care to families in isolated rural to pay the tax on interest earned on the trusts, East Timorese themselves into a dialogue re- areas from Belize to Panama. garding the future of the province. unless the interest is returned to the pur- Through all his years of service to our Na- Grant increased access by international chaser. tion, Raymond Pendergrass has been more human rights organizations to all areas of A related provision from the Ways and than a military leader, more than a man who Indonesia, including East Timor. Means Committee was included in the vetoed Provide for a full accounting for those who knows that leading involves teaching. He has Balanced Budget Act of 1995 that would have have been killed or ‘‘disappeared’’ in recent served as a gentlewoman willing to answer allowed providers of preneed funeral trusts to years. the call time after time, even returning from elect to pay the tax on interest earned on Ensure that if the security forces do com- well-earned retirement. He is more than one of mit abuses, punishments are carried out in a these trusts. the last to remain in uniform with a Korean manner that will act as a deterrent to future I urge my colleagues to support H.R. 684 to abuses. relieve families from unwarranted taxes. War combat patch on his right shoulder. He is a leader whose distinguished career is surely Finally, Mr. Secretary, I would urge you f and your colleagues in the administration to in the finest tradition of the American citizen pay particular attention in the coming RETIREMENT OF MAJ. GEN. soldier. months to the need for informing Members RAYMOND PENDERGRASS f of Congress of the many ways in which a constructive relationship with Indonesia HON. IKE SKELTON UNITED STATES-INDONESIAN serves U.S. interests. Many Members of Con- RELATIONS gress think of Indonesia almost exclusively OF MISSOURI in terms of either East Timor or worker IN THE HOUSE OF REPRESENTATIVES HON. LEE H. HAMILTON rights issues. Certainly these are important Wednesday, February 12, 1997 issues, but they are not the only issues OF INDIANA Mr. SKELTON. Mr. Speaker, Raymond which ought to drive U.S. policy toward IN THE HOUSE OF REPRESENTATIVES what is, after all, the world’s fourth largest Pendergrass prepares to retire more than 48 Wednesday, February 12, 1997 state. I would urge the administration to years after first donning a uniform. A native of give a higher priority to the need for articu- Boonesville, AR, he first joined the Armed Mr. HAMILTON. Mr. Speaker, I ask permis- lating the case for a cooperative relationship Forces as a member of the Air Force Re- sion to include in the RECORD an exchange of between the United States and Indonesia. serves in September, 1948, then joined his letters with the State Department regarding I believe that the President’s reelection hometown Army National Guard unit, the United States relations with Indonesia. two weeks ago gives us a crucial opportunity 217th Medical Collecting Company, a litter Mr. Speaker, Indonesia, which is the world's to lay the groundwork for an effective Amer- bearer unit. The unit was called to active serv- fourth largest country in terms of population, ican presence in Asia well into the 21st cen- tury. Indonesia will almost certainly play a ice in August 1950 and deployed to Korea, will almost certainly play an important role in leading role in Asia in the years to come, where General Pendergrass served with them Asia in the 21st century. An effective Amer- and I look forward to working closely with through June 1952. ican presence in Asia will be far more likely if the administration over the next four years By the time he moved to Missouri, General our relations with Indonesia are on a sound to strengthen our ties with this important Pendergrass had been commissioned and footing. Unfortunately, there are a number of country. February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E225 With best regards, rights in Indonesia, we must also craft our Speaker, and my fellow members of the 105th Sincerely, initiatives in a balanced manner that pre- Congress to join me in recognizing Mrs. Willa LEE H. HAMILTON, serves and promotes the cooperative rela- J. Hawkins. Ranking Democratic Member. tionship from which both countries derive f important benefits. To accomplish this and U.S. DEPARTMENT OF STATE, to enhance our limited influence on internal TRIBUTE TO LOCKWOOD GREENE Washington, DC, January 30, 1997. developments in Indonesia, we will have to DEAR MR. HAMILTON: Thank your for your approach the Indonesian first as a friend—a letter of November 20 in which you com- nation which recognizes their contributions HON. BOB INGLIS mented on the U.S.-Indonesia relationship. and can, therefore, speak frankly about what OF SOUTH CAROLINA We appreciate your thoughtful comments. further progress is needed to allow the rela- IN THE HOUSE OF REPRESENTATIVES We share your concerns, both about human tionship to reach its full potential. rights violations in Indonesia and the con- We greatly value your counsel on the chal- Wednesday, February 12, 1997 tinued tension in East Timor, and the prob- lenges we face and look forward to working Mr. INGLIS of South Carolina. Mr. Speaker, lems these issues could pose as we work to with you to pursue a course that advances preserve Congressional support for a rela- the full range of interests that characterize I would like to recognize Lockwood Greene, tionship that has contributed so much to the our bilateral relationship with Indonesia. one of the country's largest design-build con- stability of the Southeast Asia region and Please do not hesitate to contact us if we sulting firms and a fine company located in has proven so beneficial to U.S. security and can be of further assistance. Spartanburg, SC, in my district. On February economic interests. Sincerely, 19, Lockwood Greene will donate more than Indonesia is entering a protracted period of BARBARA LARKIN, 5,000 original engineering drawings to the political transition that will determine the Assistant Secretary, Legislative Affairs. country’s future in the post-Soeharto period. Smithsonian's National Museum of American The widespread arrests of political dissidents f History so they may be preserved for all to enjoy. that occurred in the aftermath of the July 27 TRIBUTE TO WILLA J. HAWKINS riots in Jakarta are particularly troubling. The works date to the mid-1800's and pro- Although it is the Indonesian people and vide a historical look at how America evolved government who ultimately will shape their HON. DALE E. KILDEE as new technologies were invented. Included nation’s future, we believe we can and should OF MICHIGAN in the collection are drawings, depicting how help encourage the development of civil soci- power was transmitted through a factory be- ety in Indonesia. To this end, we have IN THE HOUSE OF REPRESENTATIVES worked to promote a greater respect for Wednesday, February 12, 1997 fore the introduction of electricity; drawings re- human rights and democratic principles of cording the emergence of water as a form of governance. Mr. KILDEE. Mr. Speaker, it is truly an power; and designs for radio stations that We concur with your view that we must en- honor to rise before you today to pay tribute were built shortly after World War II. sure as well that the Indonesian Government to an individual who exemplifies the very best Lockwood Greene has a long history of con- understands that sound U.S.-Indonesia rela- in civic pride and responsibility, and who has tributions to engineering, beginning with its tions depend on improvements in the human shown how gifted a woman she is by her ac- founding in New England in 1832 and continu- rights situation and progress toward resolu- tions and spirit. On Saturday, February 15, ing today with its headquarters in South Caro- tion of the East Timor question. Secretary 1997, a luncheon will be held to honor Willa Albright, Acting Assistant Secretary lina. Kartman, and Ambassador Roy have and will Junior Hawkins for her distinguished service to I commend Lockwood Greene and its chair- continue to underscore at every opportunity the citizens of Flint, MI, in her roles as educa- man, Donald R. Luger, for their tremendous that our bilateral relationship is important tor, administrator, activist, and community gift to the Smithsonian and for preserving but cannot reach its full potential until In- leader. these wonderful designs, which lend so much donesia’s human rights performance im- Willa Hawkins, a resident of Flint, MI since insight into the history of both American engi- proves. the age of 6, graduated from Northern High neering and our cultural development. I am With regard to East Timor, we strongly School, and received degrees from Michigan pleased to represent the employees of support the ongoing UN-sponsored talks be- State University and Eastern Michigan Univer- tween Indonesia and Portugal and the intro- Lockwood Greene. Timorese discussions. We have consistently sity in the field of education. She took those f urged the Indonesian Government to imple- degrees and put them to use as a teacher in ment tension reduction measures and will the Flint Public School system for 15 years, TRIBUTE TO JO KAPLAN continue to do so, drawing on the excellent and as a principal for 17 years. advice include in your letter. These initia- In addition to helping cultivate our most pre- HON. HOWARD L. BERMAN tives as well as a growing realization that cious natural resource, our Nation's children, the world is watching seem to have had a OF CALIFORNIA Mrs. Hawkins developed an interest in politics, IN THE HOUSE OF REPRESENTATIVES positive effect in East Timor, as the Indo- beginning in the 1960's with her participation nesian authorities recently have maintained Wednesday, February 12, 1997 considerable restraint in the face of large in the civil rights march in Washington, DC. demonstrations in support of Bishop Belo. She continued her involvement by working on Mr. BERMAN. Mr. Speaker, I am honored to Recently, the Indonesian military has various campaigns, including serving as cam- pay tribute to Jo Kaplan, who has devoted her taken steps to try to correct its human paign manager for 12 years for County Com- legal career to representing the poor, the un- rights shortcomings. Abuses by troops, for missioner Sylvester Broome. Upon Commis- derprivileged, and children. As both a member example, have been followed up by courts sioner Broome's death in 1991, Ms. Hawkins of the Los Angeles County Public Defenders martial and in some cases by prison sen- made the transition from campaigner to can- Office and a lawyer in private practice, Jo has tences. Furthermore, in some instances the military honor boards have been headed by didate as she was appointed commissioner dedicated herself to helping those members of graduates of U.S. International Military and was later elected to the position, holding society who are desperately in need of help. Education and Training (IMET) programs. it until December 21, 1996. Through her tireless efforts and selfless ways, These same officers also have helped incor- Because of Ms. Hawkins' stellar reputation she has made life better for so many. porate human rights materials in Indonesian as a writer, planner, and organizer, she has Jo's husband, Larry Feldman, is a close military training courses and, in the prov- served on numerous Genesee County boards friend of mine, and I know how proud he is of ince Irian Jaya, have been responsible for is- including Community Mental Health, Commu- his wife's accomplishments. There is so much suing new rules of engagement manuals that nity Action Agency, and Parks and Recreation to tell. For example, since graduating from include human rights principles. Your suggestion that we should continue Commission. She has also served with the UCLA Law School in 1968, Jo has been a to pay special attention to informing Mem- Valley Area Agency on Aging, New Paths, leader in getting more humane treatment for bers of Congress of the benefits the U.S. de- Food Bank of Eastern Michigan, and Transi- juvenile prisoners. She began by working in rives from our relationship with Indonesia is tion House board of directors. the public defenders office and later with then- well-taken. In this regard, we have and will Mr. Speaker, it is with a tremendous amount Los Angeles County Supervisor Jim Hayes on continue to press the Indonesian government of pride that I appear before you today to rec- ways to improve the lot of children held in de- to authorize Congressional travel to East ognize my colleague, my constituent, and my tention. This included advocating a right to Timor so that members can assess first-hand the human rights situation and economic de- friend, Willa J. Hawkins. In the time I have treatment for incarcerated youths, meaning the velopment there. known her, she has been a person who can- State had an obligation to try to give them Although the Administration is strongly not help but make a lasting impact on every- ameliorative treatment while they were in cus- committed to advancing the cause of human one she comes in contact with. I ask you, Mr. tody. E226 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 After leaving the public defenders office, Jo In a world where rhetoric rarely matches ac- be safer for use, however, recent evidence established her own practice, quickly becom- tion, Ward Connerly practices what he proves they also cause arachnoiditis. In fact, ing a recognized expert in juvenile law in Los preaches. As a young man, he did not stand Harry Feffer, Professor of Orthopedic Surgery Angeles County. During this period she contin- outside the ring, waiting for an invitation to at George Washington University states that ued to work for better conditions for juveniles enter. He climbed in, fighting difficult odds. patients who have had two or more housed in mental hospitals, camps, group Through hard work and sacrifice, he paid his myelograms stand a 50-percent chance of de- homes, and local county-run detention facili- way through college. Then, he would not let veloping arachnoiditis. Numerous studies on ties. In recent years, Jo has broadened her the color of his skin hold him back; now, he animals have confirmed these findings. area of advocacy to include reasons why chil- refuses to let it win him favor. Symptoms of arachnoiditis include chronic dren turn to crime. She concluded that almost Ward Connerly fights for the belief in fair- severe pain and a burning sensation which all her clients started out as abandoned, ness that lies at the heart of the American may attack the back, groin, leg, knee, or foot abused, and/or neglected children. She has spirit. What lessons are we teaching our chil- and can result in loss of movement to almost represented both parents and children in Los dren if, on the one hand we say discrimination total disability. Other symptoms include blad- Angeles County Dependency Court with the is wrong, yet on the other, practice the very der, bowel, thyroid, and sexual disfunction, as idea that the parties need help, not punish- discrimination we denounce? Our actions must well as headaches, epileptic seizures, blind- ment. reflect our principles. We simply cannot build ness, and progressive spastic paralysis affect- Since 1990, Jo has been head of one of the a colorblind society by requiring that people be ing the legs and arms. In the past few years, arachnoiditis sufferers law firms of Dependency Court Legal Serv- colorcoded. The examples we set for our chil- and Members of Congress alike have repeat- ices. Currently, her firm represents over dren should reflect the principles of equal edly asked the FDA to recall the use of 10,000 children, ranging from infants born with treatment that this great Nation embodies. Pantopaque. The FDA has clearly not re- drugs in their system to legally orphaned 19- Ward Connerly is living proof of what we viewed the safety of PantopaqueÐoil-basedÐ year-olds who have been raised in our foster can accomplish through hard work and devo- as well as waterbased dyes, in spite of medi- tion to principle. When others have shied care system. cal evidence. As a result, I have introduced a I ask my colleagues to join me today in sa- away, he has stood his ground. When others bill to ban myelograms involving the use of luting Jo Kaplan, whose dedication to the have quit, he has presevered. And where oth- Pantopaque, Amipaque, Omipaque, or Isovue. rights and well-being of children is an inspira- ers have failed, he has succeeded. Today, de- This legislation is not a new idea. Since tion to us all. spite the worst kind of personal attacks, Ward 1990, Britain and Sweden have banned the f Connerly maintains his dignity and courage. It use of Pantopaque in myelograms. In fact, a is people like Ward Connerly, who are deter- IN HONOR OF WARD CONNERLY class action suit is still pending in Britain con- mined to unite AmericaÐnot fragment it along sisting of 25,000 people, 1,500 of which are racial, ethnic, or gender linesÐthat will lead nurses. In 1986, Kodak, the company that HON. CHARLES T. CANADY this Nation into the 21st century. Indeed, Ward makes Pantopaque, voluntarily stopped distrib- OF FLORIDA Connerly is worthy of our praise and admira- uting the drug in the United States, due to IN THE HOUSE OF REPRESENTATIVES tion. public pressure. Pantopaque has a 5-year Wednesday, February 12, 1997 f shelf life. The last batch was due to expire Mr. CANADY of Florida. Mr. Speaker, I rise LEGISLATION TO BAN THE USE OF April 1, 1991. However, the use of Pantopaque has continued, with the today in commendation of Ward Connerly for PANTOPAQUE IN MYELOGRAMS Arachnoiditis Information and Support Network his singular contributions to the fight for equal having documented a case in September 1993 opportunity for all Americans. Ward Connerly HON. JAMES A. TRAFICANT and hospitals stocking the dye as recently as has fought tirelessly to bring an end to the dis- OF OHIO April 1994. Undocumented cases of use con- criminatory practice of giving preferential treat- IN THE HOUSE OF REPRESENTATIVES tinue. ment to individuals based on race or gender. Wednesday, February 12, 1997 A large number of medical professionals do His accomplishments in the cause of equality not know how to diagnose myelogram-related are a tribute to his strong will and character. Mr. TRAFICANT. Mr. Speaker, arachnoiditis arachnoiditis, and when they do, they cannot As a member of the University of California easily qualifies as a disease of the nineties. It treat it. Medical journals and case studies from Board of Regents, Ward Connerly successfully has been described as ``the greatest enigma around the world document the connection be- led the fight to end the university's practice of in the field of spinal surgery'' with few sur- tween radiopaque dyes and arachnoiditis. De- using race as a factor in admissions. His ex- geons ever having seen it, and even fewer spite this documentation, the medical profes- ample should be a beacon to national aca- knowing how to treat it. In simple terms, sion as a whole has not been effectively in- demic institutions, illuminating a brighter path arachnoiditis means ``inflammation of the formed and still persists in its use. Moreover, toward policies which truly reflect the Amer- arachnoid,'' and is characterized by chronic in- the lack of information prevents the physician ican understanding of equal opportunity. flammation and thickening of the arachnoid from recognizing the disease or side effects of Ward Connerly continued his struggle matter, the middle of the three membranes the residual dyes after the fact. The time has against preferences as the leader of the that cover and protect the brain and spinal come for thorough research to study this pain- grassroots movement that brought the Califor- cord. ful, disabling condition. The legislation I have nia civil rights initiative to fruition. Through his Arachnoiditis may develop up to several introduced today will direct the National Insti- efforts, more than 1 million signatures were years after an episode of meningitis or sub- tute of Neurological Disorders and Stroke to obtained in support of CCRI, which was arachnoid hemorrhageÐbleeding beneath the estimate the number of Americans suffering placed on the November ballot. After a vicious arachnoid. It may be a feature in diseases and from myelogram-related arachnoiditis and de- campaign of distortions waged by its oppo- disorders such as syphilis or it may result from termine the extent of this relationship. nents, the initiative received 54 percent of the trauma during a diagnostic procedure known Every year, chronic back pain is responsible vote: The people of California let it be known as a myelogram. According to the for billions of dollars in lost revenues and mil- that they wanted an end to the unjust policy of Arachnoiditis Information and Support Net- lions more in health care costs. The American race and gender preferences in hiring, con- work, more than 300,000 myelograms are per- Journal reports that chronic low-back pain is tracting, and college admissions. formed in this country every year. Of the 12 estimated to cost $16 billion annually in the Today, Ward Connerly is chairman of the million Americans who suffer from United States. Occupational research finds American Civil Rights Institute. This new civil arachnoiditis, the cases resulting from that back injuries, pain, and complications cost rights organization is dedicated to educating myelograms could have been avoided. an average of $15,000 per incident. According the American public about race and gender In a myelogram, a radiopaque dye is in- to The Power of Pain by Shirley Kraus, 100 preferences. Through the institute, Mr. jected into the spinal subarachnoid space. million Americans are either permanently dis- Connerly will again be at the forefront of this After the x-ray examination, as much of the oil abled or are less productive due to back pain. debate, carrying the banner of equal oppor- as possible is withdrawn; however, a small Those who do work lose about 5 work days tunity throughout the Nation and to Washing- amount is left behind and is slowly absorbed. per year, a productivity loss of $55 billion. In- ton. I know of few other people who can Studies have implicated the iodized oil con- terestingly enough, these figures only refer to shoulder such a burden with the exemplary trast medium, Pantopaque, in arachnoiditis. chronic back pain patients. Almost all combination of determination and grace that Water-soluble dyes such as Amipaque, arachnoiditis sufferers eventually become to- Mr. Connerly has demonstrated. Omipaque, and Isovue were once thought to tally disabled, becoming permanent fixtures on February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E227 the rolls of social security, disability, welfare, 25 YEARS OF GLORY our Federal Government. We need to shift re- and medicaid. sponsibilities from a bloated Federal bureauc- Arachnoiditis sufferers want to become func- HON. JOE KNOLLENBERG racy to families and local communities. I want tioning, contributing members of society again. OF MICHIGAN to demonstrate to the people of Lancaster and Chester Counties that I will impose sacrifices The Traficant legislation will provide research IN THE HOUSE OF REPRESENTATIVES for treatments for arachnoiditis sufferers, in- upon myself and the rest of Congress which cluding treatments to manage pain. Pain-man- Wednesday, February 12, 1997 are similar to those we ask others to make. agement treatments would enable sufferers to Mr. KNOLLENBERG. Mr. Speaker, I rise Mr. Speaker, I believe that Members of once again become active, working members today to honor a person special to Livonia, MI: Congress should be treated like every other of society. Father George Shalhoub. Federal employee. By reforming our own pen- It's time to protect unsuspecting Americans For the last 25 years, Fr. George has been sion plan, we can reduce the perks of elected from this debilitating and preventable condi- a spiritual leader, church builder, educator, office which have no place in our Federal tion. I ask Members of Congress to join me by loyal husband, and father. He was the driving Government and which shake the public's cosponsoring my legislation. force that built St. Mary Antiochian Orthodox confidence. Church, making the church what it is today. On January 30, I wrote to Budget Chairman JOHN KASICH to urge that my provisions on f Born in Lebanon, George Shalhoub immi- congressional pension reform be included in grated to America and in 1972 he married his the majority's balanced budget package. Fur- SALUTE TO BLACK HISTORY wife, Nouhad, was ordained as a priest, and ther, I plan to have my bill included in the MONTH assigned to the newly established St. Mary budget reconciliation bill so that our shared Orthodox Church within 2 weeks. goals of reducing Government spending and HON. CHARLES E. SCHUMER After the birth of their first child the following reviving the public's trust in this body can be- OF NEW YORK year, St. Mary's broke ground for the new come a reality. I thank the Speaker, and look IN THE HOUSE OF REPRESENTATIVES church and fellowship building. In March 1976, forward to working with him to reform our pen- the congregation, led by Fr. Shalhoub, cele- Wednesday, February 12, 1997 sion system. brated its first divine liturgy in their own f Mr. SCHUMER. Mr. Speaker, I urge my col- church. leagues to join me this February in celebrating After years of building, growth, and THE STATE OF THE UNION Black History Month. I would like to take a mo- progress, tragedy struck in April 1996, testing ADDRESS ment to reflect on the courageous leadership the strength of the Fr. Shalhoub and the entire and civic duty that has shaped the commu- St. Mary's family. Their church was destroyed HON. LEE H. HAMILTON nities of New York throughout this decade. As by fire. OF INDIANA we approach a new century, New Yorkers of But just 6 months later, thanks to the hard IN THE HOUSE OF REPRESENTATIVES all ethnic backgrounds will face a new set of work, leadership, and dedication of Fr. Wednesday, February 12, 1997 economic, social, and political challenges. If Shalhoub, St. Mary's was resurrected from the we stop and recognize the perseverance of flames like the phoenix. Mr. HAMILTON. Mr. Speaker, I would like to African-Americans in times of change, their This week George, Nina, their four children, insert my Washington Report for Wednesday, record of commitment to the pursuit of pros- and the entire St. Mary's congregation cele- February 12, 1997, into the CONGRESSIONAL perity, integrity and opportunity for their fami- brate 25 years of strength, dedication, commit- RECORD. lies and friends speaks for itself. ment, and faith. I extend my heartiest con- THE STATE OF THE UNION ADDRESS The tireless work of community and reli- gratulations on their special anniversary. Declaring that we have no imminent gious leaders in guiding African-American threat and that the enemy of our time is in- f action, President Clinton issued a call to ac- communities have done much to improve the LET’S SHOW THE PUBLIC WE’RE tion in his State of the Union address. It was quality of life in our city. I am proud to honor a call to keep our economy and our democ- this important occasion where African-Ameri- SERIOUS ABOUT REDUCING THE racy strong, to strengthen education and cans join hands to acknowledge their accom- SIZE OF FEDERAL SPENDING: harness technology, to build stronger fami- plishments and their unique contributions to REFORM OUR CONGRESSIONAL lies and communities, and to keep America our society and the world. PENSION SYSTEM the world’s strongest force for peace, free- dom, and prosperity. The President used The level of civic participation in today's cul- more of the ‘‘bully pulpit’’ in the speech, ture is depressingly low among average Amer- HON. JOSEPH R. PITTS often using rhetoric and challenges to the ican citizens. However, I am always inspired OF PENNSYLVANIA American people rather than urging new fed- by the surge of community spirit and leader- IN THE HOUSE OF REPRESENTATIVES eral programs. In many ways, the address distilled the ship from African-Americans in New York. Our Wednesday, February 12, 1997 society would be a better place if more Ameri- President’s thinking about what is needed to prepare the American people for the 21st cen- cans emulated the civic duty and moral Mr. PITTS. Mr. Speaker, today I introduced a bill to reform the pension system for Mem- tury. He said we need to ‘‘take the tough de- strength of their African-American counter- cisions in the next four years that will carry parts. I hope that Black History Month is rec- bers of Congress and their staff. My bill, the our country through the next fifty years’’. Congressional Pension Reform Act, will make ognized and honored by citizens of all back- ROLE OF GOVERNMENT grounds. I honor the work and vision of my Af- the pension benefits for Members of Congress The President sought to define himself, his rican-American colleagues in Congress and the same as other Federal employees. agenda, and his presidency for the American throughout New York. May our city continue to The Congressional Pension Reform Act of people, and he certainly summed up his view be blessed with their leadership. 1997 reduces the pension accrual rates for of government. He said we must be commit- Members of Congress and their staff mem- ted to ‘‘a new kind of government—not to f bers. A pension accrual rate is the percentage solve all our problems for us, but to give all of pre-retirement pay earned in pension bene- our people the tools they need to make the PERSONAL EXPLANATION most of their own lives’’. fits for each year of service. Under my bill, The President clearly focused on small, in- those congressional Members and staff who cremental proposals rather than the sweep- HON. TIM ROEMER entered Federal service before 1984 will have ing federal initiatives he proposed when he OF INDIANA their accrual rates reduced from 2.5 percent to first took office, such as health care reform. Even when the President promises to focus IN THE HOUSE OF REPRESENTATIVES between 1.5 and 2 percent, depending on how long a person has worked for the Federal time, energy, and money on an issue—like Wednesday, February 12, 1997 Government. For Members and staff who education—he proposes something less than an all-out federal assault. Overall, he Mr. ROEMER. Mr. Speaker, on February 5, began Federal service after 1984, their accrual brought together many proposals from his 1997, I was not present for rollcall votes No. rates are reduced from 1.7 percent to 1 or 1.1 recent speeches in an effort to frame a pro- 9 and No. 10 due to the birth of my daughter percent. These changes will save the tax- gram that seems significant but would cost Sarah Kathryn Roemer. payers about $9 million over 6 years. relatively little. Had I been present, I would have voted As a member of the House Budget Commit- DOMESTIC PRIORITIES ``yea'' for rollcall vote No. 9 and I would have tee, I realize that we as legislators have to His discussion of his domestic priorities voted ``yea'' for rollcall vote No. 10. make tough decisions which limit the size of was by far the most detailed portion of his E228 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 speech. Often he spoke about problems that appeal to Congress to approve the chemical force within the community, and who by her the nation’s governors have been talking weapons convention, and to support the nec- actions has shown that the rewards from such about, such as education and crime. essary resources to carry on our diplomacy. dedication are immeasurable. On Thursday, The President spoke crisply, and with con- He urged Congress to take the steps to keep viction. He showed genuine passion as he America strong, secure, and prosperous for February 6, 1997, the Flint, MI Pan-Hellenic talked about his number one priority for the another fifty years. Council will honor Ms. Pamela Y. Loving as a next four years—ensuring that Americans CONCLUSION part of their Seventh Annual Salute to African- have the best education in the world. Rec- I thought the State of the Union address American Elected Officials. The awards dinner ognizing widespread concerns about edu- was one of the President’s better speeches. It is chaired by Mr. James B. Franklin III, and cation, he called it ‘‘one of the critical na- gave a very clear indication of his priorities. the honorary chair is Dr. Alan Arnold. tional security issues for our future’’. He The President hit the right themes of im- Pamela Loving, a resident of Flint MI, has then dealt in rapid-fire fashion with most of proving education and better preparing our blessed the city with a professional career that the policy areas on the nation’s agenda. He nation for the future, but he spent very little spans 35 years, beginning at Lippincott Market wants to expand Head Start, extend the fam- time discussing the tough decisions and as a sweeper, a butcher and a cashier. Ms. ily and medical leave law, expand medical shared sacrifices that will be needed to tack- Loving has also held positions at Hurley Medi- research and technology, mount a full-scale le the problems of balancing the budget, assault on juvenile crime, and clean up 500 shoring up Social Security and Medicare, cal Center and served as the public health toxic waste sites. He wants low-tax and reforming the campaign finance system. nurse for the city of Flint. She has also served empowerment zones in urban areas to en- The President tried to convey a sense of as president of Whole Village, Inc. and then courage revitalization. decisive and coherent action by setting out began a 23 year tenure at GMI Engineering His education proposals call for a 40 per- the agenda for the next four years but with- and Management Institute. These accomplish- cent increase in federal spending on edu- out proposing ambitious new federal pro- ments have ultimately led to her current posi- cation by the year 2002. He set out a ten- grams. He was clearly aware throughout the tion as acting president of Jobs Central, Inc., point plan to renew education at all levels; speech of the limits imposed by the fiscal re- proving that hard work and perseverance are especially noteworthy for me was his empha- alities. The President still speaks of offering sis on teachers. So much of the discussion on opportunity, demanding responsibility, and prime factors for success. reforming education has omitted the key im- preparing us for the 21st century, but his Armed with an associates degree from C.S. portance of teachers. More controversial was proposals reveal a diminished means for ac- Mott Community College, a bachelor's degree his call for education standards. Most every- complishing those goals. from the University of Detroit and a graduate- body is demanding improvement in the qual- f level curriculum from such schools as Central ity of education, recognizing the wide vari- Michigan, Purdue, Wisconsin, Michigan State, ety in what schools teach and students learn CONGRATULATIONS TO TRICIA and Harvard, Ms. Loving decided to pursue a among the states and the counties. Most PATTERSON more active role in the community of winning past efforts to create national education a seat on the Flint Board of Education in standards have been either ignored or di- luted, and the U.S. is one of the few industri- HON. JERRY WELLER 1989, where she still serves as treasurer. In alized countries without specific national re- OF ILLINOIS addition to the board, Ms. Loving possesses a quirements for what students should know. IN THE HOUSE OF REPRESENTATIVES host of affiliations including the Flint Cultural The challenge here is to help students and Wednesday, February 12, 1997 Center, Hurley Medical Center Board of Direc- teachers to know what to strive for in class Mr. WELLER. Mr. Speaker, today I rise to tors, Alzheimer's Association and Forum Mag- without creating more federal intrusion into azine Advisory Board, to name a few. the schools. bring to the House's attention the good work of a valued community organization in my dis- This year's dinner will also honor the Honor- The most moving portion of the speech able Valdemar Washington with the distin- came at the end when he called for one trict, the Italian American Commercial Club, America, emphasizing that diversity is our and their efforts to assist outstanding young guished Floyd J. McCree Memorial Leadership strength, not a weakness, and that we must people to further their education. Award. Additionally, the Community Service all be ‘‘repairers of the breach’’. Even after a This year the Italian American Commercial Award will be given to Ailene Butler, Joann long speech, the audience was clearly moved Club of Joliet's 1996 scholarship recipient is Owens-Reed, and Ali Saaba. All of these indi- by the president’s conclusions and plea for Tricia Patterson. Tricia is an outstanding viduals represent the very best in civic and so- unity amidst diversity. young lady and is an honors student at Joliet cial responsibility, and are more than deserv- His bluntest statements were in opposition ing of the highest respect and admiration. to the balanced budget amendment to the West High School. While maintaining a full load of honors classes, Tricia still manages Mr. Speaker, it is with great pride and honor constitution, even as he made a strong plea that I appear before you today to recognize to balance the budget. He stated that a con- active involvement in the National Honors So- stitutional amendment would cripple the ciety, the French National Honors Society, Ms. Pamela Loving. As evidenced by her per- country in time of crisis and force unwanted French Club, and Peer Helpers. On top of this, sonal motto that ``Learning is a lifelong proc- results upon the country. I strongly ap- she works part-time at Dominic's. ess,'' she has been and shall continue to be plauded his call for bipartisan campaign fi- Tricia is proud of her family and credits her a solid inspiration to not only me, but to all nance reform, and I was not surprised to see family with teaching her the basic values that those she comes in contact with. I ask you, him make a plea for improving welfare re- have helped her succeed. Mr. Speaker, and my fellow members of the form. And I liked his challenge to employers This outstanding Joliet West High School 105th Congress to join me in recognizing this to make the new welfare system work by outstanding individual, Ms. Pamela Y. Loving. giving someone on welfare the chance to student has worked hard to succeed, espe- work. cially when it comes to academics. Tricia f plans to attend college and has already been The most dramatic change in the Presi- TRIBUTE TO HONOR JACKIE ROB- dent’s thinking is on health care. He has accepted to two outstanding colleges, North- INSON MARKING THE 50TH ANNI- clearly abandoned his plans for sweeping ern Illinois University and the University of Illi- VERSARY OF THE DESEGREGA- changes, and is now proposing more incre- nois to study accounting. mental steps by extending insurance to at I'm proud to represent outstanding young TION OF MAJOR LEAGUE BASE- least half of the ten million children in our people like Tricia Patterson and commend BALL country who have no health insurance. community groups like the Italian American WORLD LEADERSHIP Commercial Club for their contribution to help- HON. CHARLES E. SCHUMER The President gave major emphasis to ing young people. OF NEW YORK keeping American leadership in the world I ask the House to join me in congratulating IN THE HOUSE OF REPRESENTATIVES strong. He spoke for some time and in con- Tricia Patterson. siderable detail about what that means. He Wednesday, February 12, 1997 wants an undivided democratic Europe and f Mr. SCHUMER. Mr. Speaker, I rise today to an America that looks to the East no less HONORING PAMELA Y. LOVING pay special tribute to a talented man, Mr. than the West. He also wants an America Jackie Robinson, and to the 50th anniversary that prospers in a global economy, free to HON. DALE E. KILDEE of the desegregation of major league baseball. conclude new trade agreements that open Not only did Jackie's efforts gain entrance for new markets to our goods and services, even OF MICHIGAN as we preserve our values. He expressed his IN THE HOUSE OF REPRESENTATIVES African-Americans into professional baseball, but they paved the way for African-American confidence that with the best workers and Wednesday, February 12, 1997 the best products, we can out-compete any- participation in all professional sports. body in the world in a truly open market. Mr. KILDEE. Mr. Speaker, I rise today to Fifty years ago, as the United States fought The President made a very strong and direct honor an individual who is strong and positive racism in World War II, America's national February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E229 pastime remained a white-only sport. On April REPEAL THE ESTATE TAX I would like to take this opportunity to high- 10, 1947, Jackie Robinson broke the color light one celebration that resonates personally. barrier in major league baseball, ending 71 HON. BOB STUMP This past Sunday, February 9, the Pullman years of exclusion for African-American ath- OF ARIZONA Blues Whistle Stop Tour departed Jack Lon- letes, when he was signed by Brooklyn Dodg- IN THE HOUSE OF REPRESENTATIVES don Square in my hometown of Oakland, CA. er president Branch Rickey. Wednesday, February 12, 1997 This tour was created to coincide with a Feb- Jackie's path breaking career in professional ruary 16 celebration by the Historic Pullman baseball began on October 23, 1945, when he Mr. STUMP. Mr. Speaker, among the taxes Foundation in honor of the thousands of Afri- was signed to the Montreal Royals, the Dodg- the Internal Revenue Service collects, the es- can-American men and women who provided er's Triple-A farm team, as the first African- tate tax ranks as one of the most unfair. With the Pullman Co. and the railroads of America American player in the minor leagues. In his top rates reaching as high as 55 percent, the with over a century of faithful service on the first game, Jackie led the Royals to a 14±1 estate tax can and does force the sale of fam- passenger trains of railroad's Golden Age. victory over Jersey City Giants winning the re- ily businesses, farms, and ranches to satisfy My uncle, C.L. Dellums, for whom the Am- spect and admiration of Montreal and Jersey the tax collectors. trak station at London Square is named, was Mr. Speaker, I think it's safe to say that City fans alike. As he remembered, ``the crowd a Pullman car porter. He was a colleague and most people work for themselves and their just mobbed me. Kids were chasing me * * * comrade of A. Philip Randolph in the struggle families. They do not spend long hours and to get my autograph and grown people were to bring dignity to the jobs that were being many years building a successful business or patting me on the back * * * I was convinced performed by railroad workers. Their pioneer- family farm so that when they die, the Govern- that American sports fans are truly democratic ing struggle that resulted in the creation of the ment can step in and take the fruits of their la- * * * that they would accept meÐthey didn't first largely African-American trade union was bors. Yet, that is exactly what the estate tax care what color a player was.'' a harbinger not only of future victories for allows. Jackie went on to play as first baseman for worker rightsÐbut it was a catalyst that led to Though they account for only 1 percent of the Brooklyn Dodgers in April 1947 and was some of the important and more general civil Federal revenues, estate taxes have forced named National League Rookie of the Year. rights victories in our society. It is no small the sale of thousands of farms, ranches, and During his 10 years on the Dodgers the team wonder that this movement succeeded, given businesses throughout this country. We can won the pennant six times and the World Se- the towering vision and the charismatic intel- only guess at the jobs and economic potential ries in 1955. When Jackie retired in 1957 he lectual leadership of people like A. Philip Ran- lost through this process. One study con- had played every position but pitcher and dolph and C.L. Dellums. cluded that one-third of all small business catcher, and boasted a .311 lifetime major- This cross country whistle stop tour via two owners will have to sell all or part of their busi- league average, with 1,518 hits, 947 runs, 273 private railroad cars began in Oakland, stop- nesses to pay estate taxesÐ70 percent of that doubles, and 734 RBI's. He was named the ping over at Los Angeles, Kansas City, St. group will have to cut their work force. Louis, Chicago, and will end in the historic National League's Most Valued Player in 1949 Estate taxes hit the agricultural sector par- and to the Baseball Hall of Fame at the first town of Pullman, IL. Cosponsors of this event ticularly hard. American agriculture is filled include the A. Philip Randolph Institute, the election he was eligible on July 6, 1962. with farmers who are rich only on paper. In this, the golden anniversary of major NAACP, Amtrak, Twayne Publishers, and var- These ``paper millionaires'' know that the value ious private and union sponsors throughout league baseball's desegregation, I ask Mem- of their farms is not in the IRS valuation of bers to join me in honoring Mr. Jackie Robin- the country. their equipment and land, but in the farm's Their efforts to highlight the work of thou- son and the American ideals of opportunity ability to produce agricultural products. Farm- sands of African-American men and women in and equality which make our Nation great. ers make their living growing food and fiber, the railroad industry is an important and mov- f not speculating in land and equipment. ing contribution to our continuing struggle to Mr. Speaker, I am today introducing legisla- bring about equality of opportunity and an end 25 YEARS OF SERVICE TO SOUTH tion to repeal the estate tax. After a lifetime of to bigotry and intolerance in our Nation. We LYON hard work and sacrifice, the family business have so far to go to achieve equality, and we owner, farmer, and rancher should not be desperately need to remain engaged in this HON. JOE KNOLLENBERG faced with the prospect of losing it all to the struggleÐnot just because the goal is so ter- tax man. OF MICHIGAN ribly important but because we need urgently f IN THE HOUSE OF REPRESENTATIVES to persuade our children that we continue to fight and struggle for their future as well. Wednesday, February 12, 1997 IN CELEBRATION OF BLACK HISTORY MONTH I applaud their efforts and wish them the Mr. KNOLLENBERG. Mr. Speaker, I rise very best in their celebration. today to honor a loyal and dedicated officer to SPEECH OF f the community of South Lyon in Oakland SPECIAL TRIBUTE TO BENTLEY County, MI. David LaFond celebrated his 25th HON. RONALD V. DELLUMS OF CALIFORNIA KASSAL year on the South Lyon police force on Janu- IN THE HOUSE OF REPRESENTATIVES ary 26, 1997. David began his career in law enforcement Tuesday, February 11, 1997 HON. CHARLES B. RANGEL on August 11, 1963, with the city of Northville. Mr. DELLUMS. Mr. Speaker, I rise today in OF NEW YORK He transferred to South Lyon in 1972 and has commemoration of Black History Month. The IN THE HOUSE OF REPRESENTATIVES served 25 dedicated years since. observation of Black History Month dates back Wednesday, February 12, 1997 He was promoted to sergeant in 1977 and to 1926 when African-American historian and Mr. RANGEL. Mr. Speaker, and my col- in 1990, became the first lieutenant in South scholar Dr. Carter G. Woodson introduced leagues of the House, I would like to take this Lyon police history. Currently, David serves as ``Negro History Week,'' traditionally observed opportunity to bring to your attention a very the second in command of the South Lyon de- during the second week of February to coin- special person who is about to celebrate his partment and, for the past 12 years, has been cide with the birthdays of Abraham Lincoln 80th birthday on February 28, 1997. the officer in charge of all department inves- and Frederick Douglass, a personal hero. In I am speaking about Justice Bentley Kassal tigations. 1976, this was expanded to include the entire who has faithfully served the people of the Mr. LaFond has been awarded many cita- month of February. In many communities, this State of New York for over 40 years. Bentley tions and letters of commendation during his has also been expanded with celebrations be- Kassal was born in New York City on Feb- years of service. He has acted as director of ginning with Kwanzaa in late December, con- ruary 28, 1917, to Pauline Nirenberg and public safety and served on the West Oakland tinuing in January with the birthday celebration Hyman Kassal, who arrived from Poland in major crime team since its inception. In 1994, of Dr. Martin Luther King, Jr. through Feb- 1914. He attended New York City public he was elected the team coordinator. ruary, culminating in May with the birthday of schools. He graduated from Townsend Harris The dedication of David LaFond exemplifies Malcolm X. Of course, it goes without saying High School and was a member of the varsity his commitment to making South Lyon a safer that black history is relevant everyday espe- soccer and baseball teams. He was elected to place for our families. He is a loyal public cially in the United States since it is inextrica- the Townsend Harris hall of fame in April 1991 servant who deserves the recognition, honors, bly linked to the history and development of and received its Life Achievement Award in and accolades he receives. this Nation. October 1989. E230 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 He is a graduate of the University of Penn- Wars. Serving as a merchant marine, Mr. Al- ACCURACY IN CAMPUS CRIME sylvania [1937, B.A.] and Harvard Law School exander transported supplies and ammunition REPORTING ACT [1940, J.D.]. Justice Kassel enlisted and over the treacherous war-time seas to our served for 4 years in World War II and was troops aboard. HON. JOHN J. DUNCAN, JR. awarded a Bronze Star Medal, three bronze As tribute to his dedication to seamanship, OF TENNESSEE arrowheads for participating in three D-day in- Mr. Alexander became a charter member of IN THE HOUSE OF REPRESENTATIVES vasions, Sicily, Salerno, and Southern France the Seafarers International Union [SIU] in Wednesday, February 12, 1997 and seven battle stars for his service in the Af- 1938. He served brilliantly in the SIU until his rican, Italian, and European theaters of war. retirement in April 1970. Mr. DUNCAN. Mr. Speaker, Congressman In 1956, Justice Kassal was the first reform For the last 12 years of his seagoing career, CHARLES SCHUMER and I have introduced Democrat legislator elected to the New York Mr. Alexander ascended to the rank of port today the Accuracy in Campus Crime Report- State Legislature. He served from 1957 to steward. Serving as port steward for Calmar ing Act of 1997. This bill will close some of the 1963 in the New York State Assembly. In Lines was Mr. Alexander's last assignment loopholes that have allowed many colleges 1960, he authored a bill establishing the first with the SIU before his retirement. Mr. Alexan- and universities to not report many instances arts council in the United StatesÐthe New der has remained visible within his beloved of criminal activity on their campuses. York State Council on the Arts. union and after 27 years of retirement, still vis- Last year, the House of Representatives He was elected to the New York State civil its the Brooklyn union hall to short the breeze passed House Resolution 470, which ex- court on January 1, 1970, and later to the with some of his old ship mates weekly. pressed the sense of the Congress that the New York State supreme court in 1976, and Department of Education was not adequately Mr. Alexander's outstanding career dem- designated as an associate justice of the ap- monitoring and enforcing compliance with the onstrates the values of dedication, commit- pellate division where he served until his man- current campus security law. This resolution ment, and hard work that all Americans value. datory retirement by reason of the constitu- passed the House by a vote of 413 to 0 on I urge my colleagues to recognize and honor tional age limitation on December 31, 1993. September 11, 1996. this distinguished sailor. As a supreme court justice, he authored 334 The Accuracy in Campus Crime Reporting published opinions. f Act will supplement the Campus Security Act Justice Kassal served as chairman of the of 1990. Specifically, it will instruct colleges New York State Chapter of Americans for RECOGNIZING FRANK DEL OLMO and universities, which receive Federal fund- Democratic Action from 1964 to 1966 and was FOR 25 YEARS OF DISTIN- ing, to make available to their students in a a member of ADA's national board. He is also GUISHED JOURNALISM timely fashion information on all crimes re- a trustee at large of the Federation of Jewish ported to campus police departments, security Philanthropies and the United Jewish Appeal, agencies, and other campus officials to whom as well as a director of the city of New York HON. ESTEBAN EDWARD TORRES crimes are reported. Such crime logs would be Supreme Court Justices Association, the Hel- OF CALIFORNIA open to public inspection on a daily basis. sinki Watch Committee, and several other or- IN THE HOUSE OF REPRESENTATIVES Similar laws are already in effect in seven ganizations. States: Tennessee, Massachusetts, Okla- In addition, he worked as a pro bono pho- Wednesday, February 12, 1997 homa, California, West Virginia, and Min- tographer for Save the Children Federation, Mr. TORRES. Mr. Speaker,I rise today to nesota. UNICEF, Helsinki Watch Committee, Foster honor Mr. Frank Del Olmo, a good friend and The Accuracy in Campus Crime Reporting Parents Plan, Joint Distribution Committee, distinguished journalist. Tomorrow night, Act will also change Federal educational pri- International Rescue Committee, World Monu- Frank's colleagues, family, and friends will vacy laws that have shielded students who ments Fund, and numerous other charities, gather to pay tribute to him for his 25 years of have been charged with criminal acts because traveling throughout the world, covering 147 distinguished journalism at the Los Angeles of a definition that considers such charges as countries on 65 photo assignments. Times. part of an individual student's private aca- Justice Kassel is listed in 14 different During his tenure at the Times, Frank has demic record. ``Who's Who'' directories and is married to earned respect and admiration of his col- The current law lists only a few crimes that Barbara Joan Wax. New York is blessed to leagues in journalism. He thoroughly and ob- are required to be reported annually and these have this wonderful and devoted justice, and jectively covered such national stories as Wa- crimes are to be determined at the discretion I am proud and fortunate to be able to call him tergate, and the civil wars in El Salvador and of college administrators. Some college ad- my friend. Nicaragua. In addition to working as a field re- ministrations do not comply with the spirit of f porter, Frank has worked as an editorial writer, the law because they would simply like to a commentator, and an editor. avoid bad publicity. TRIBUTE TO HONOR GEORGE AL- The Accuracy in Campus Crime Reporting Throughout his career, Frank has received EXANDER OF BROOKLYN, NY ON Act of 1997 will allow students and their par- numerous awards for his contributions to print HIS CENTENNIAL ents to have a greater awareness of patterns media. He was a member of a team of Times of crimes that occur on campuses all too fre- reporters who won the coveted Pulitzer Gold quently. The bill will also make it possible to HON. CHARLES E. SCHUMER Medal for Meritorious Public Service for a se- OF NEW YORK have independent confirmation of the accuracy ries of articles on southern California's Latino of the annual statistics that colleges submit. I IN THE HOUSE OF REPRESENTATIVES community. In 1976, he won a Emmy for Dis- believe that this bill will help make colleges Wednesday, February 12, 1997 tinguished Achievement in Writing for a and universities much safer places. KNBC±TV documentary. Mr. SCHUMER. Mr. Speaker, I rise today to f honor a dedicated and honorable citizen of Because of his notable body of work, Frank Brooklyn, NY, upon his 100th birthday. is a well known and highly respected voice in PRIMARY CARE EDUCATION ACT Throughout his long and full life, Mr. Alexan- the Latino community. He has frequently cov- der has possessed a passion for the sea. In ered such subjects as affirmative action, bilin- HON. JAMES A. TRAFICANT, JR. gual education, immigration, and Latin Amer- hopes of seeing the world, Mr. Alexander left OF OHIO ica. Currently working as assistant to the edi- his native Barbados at the early age of 13 as IN THE HOUSE OF REPRESENTATIVES a deck boy aboard an Argentine flag vessel. tor, Frank writes a weekly column, often focus- Mr. Alexander realized his hopes and sailed ing his attention on the pulse of Los Angeles' Wednesday, February 12, 1997 around the world working on many foreign flag Latino community, for the Sunday Times Opin- Mr. TRAFICANT. Mr. Speaker, it's a well vessels. One notable vessel being the TSS ion section. known fact that America's growing emphasis Van Dyke, which was the largest passenger Mr. Speaker, I ask my colleagues to join me on specialization in the physician work force ship in the world at the time. The Van Dyke in paying tribute to a distinguished journalist has driven up the costs of health care and took Mr. Alexander to ports of call such as his and friend, Mr. Frank Del Olmo. His presence fragmented access to medical services. What native Barbados, St. Lucia, and Rio de Janei- at the Los Angeles Times is invaluable to our is not widely known is that America will have ro, as well as many ports throughout Europe. community, and it is fitting that he will be hon- a shortage of 35,000 primary care physicians A naturalized citizen, Mr. Alexander an- ored for his 25 years of contributions to print by the year 2000 and a projected surplus of swered his call to duty during both World media, and to the community at large. 115,000 specialistsÐDept. of Health and February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E231 Human Services. To reverse current trends in To reverse the current trends toward spe- After completing his studies, Sullivan be- medical education and lower the rate of infla- cialization, the Traficant Primary Care Edu- came the pastor of the Zion Baptist Church in tion on health care costs, I have introduced cation Act directs the Secretary of Health and Philadelphia from 1950 to 1988. In the 38 the Primary Health Care Education Act. Human Services to give preference to medical years he served at the Zion Baptist Church in In the past year, two separate Government- schools which have established programs that: Philadelphia, the congregation increased from funded studies have produced substantial evi- first, emphasize training in primary care, and 600 to 6,000 members. Sullivan expanded the dence that medical schools must respond now second, encourage students to choose pri- church's activities to include a daycare center, to compensate for our primary care needs of mary care. Under the act, the Secretary must a credit union, an employment agency, a com- the 21st century. The Primary Health Care consider the GAO's findings when establishing munity center for youth and adults, adult edu- Education Act is based on the findings and the conditions a medical school must meet to cation reading classes, athletic teams, choral recommendations to the Congress found in receive preference. groups, and family counseling services. both reports. These reports include: first, the The Secretary, however, is by no means In an effort to provide opportunities for Afri- General Accounting Office's [GAO] October limited to the GAO's findings. The Primary can-American business ventures, in 1962 Sul- 1994 report to congressional requesters enti- Health Care Education Act was designed to livan established the Zion Investment Associa- tled, ``Medical Education: Curriculum and Fi- give the Department of Health and Human tion in Philadelphia. He has constantly fought nancing Strategies, Need to Encourage Pri- Services the authority to shift the current the war against racist hiring practices and or- mary Care,'' and second, the Council on Grad- trends in medical education to meet existing ganized protests and economic boycotts. In uate Medical Education's [COGME] eighth re- and future needs. It does this by giving pref- 1964, he demonstrated another act of courage port to Congress and the Department of erence, or awarding grants and contracts to on behalf of justice and equality when he es- Health and Human Services called Patient schools which have designed curriculum that tablished the Opportunities Industrialization Care Physician Supply and Requirements: has been proven to increase primary care. Center [OICA], the first organization of its kind Testing COGME Recommendations. The Traficant bill, however, by no means dic- in the United States dedicated to providing I would like to briefly summarize the GAO's tates, to the administering agency or medical comprehensive employment training and findings. Medical career decisions are usually schools, the best way to achieve the desired placement for disadvantaged, unemployed, made at three specific times during a student's results. The Traficant bill, in fact, follows the and unskilled Americans of all races. Today, education: first, at the end of college when intent of language of the Public Health Service there are more than 70 OIC centers across students typically apply to medical school, amendments of 1992, which was passed only the United States and 28 centers in countries second, during the fourth year of medical by this body. It is my hope that HHS, as the such as Africa, Poland, Central America, Eng- school when students choose the area of expert agency on this issue, in consultation land, and the Philippines. medicine to pursue and enter residency train- with medical schools, GAO, and COGME, will Reverend Sullivan's concerns regarding ing, and third, at the end of residency training attain the health care and physician work force housing for the poor and the elderly resulted when residents decide to enter practice or to needs of the 21st century. in the construction of more than 1,000 housing The Primary Health Care Education Act has train further for a subspecialty. The Primary units in major cities including Philadelphia, been endorsed by the American Osteopathic Health Care Education Act attempts to encour- Kansas City, Oklahoma City, and Indianapolis. Association and the American Association of age primary care as a career choice at all His OIC training programs have trained more Colleges of Osteopathic Medicine. If you sup- points in a student's academic career. than 2 million people for better job opportuni- port improved access to services and lower The choice of career paths in medicine is ties in America and Africa. found to be significantly influenced by the cur- health care costs, I urge you to cosponsor the He is the recipient of more than 100 na- riculum and training opportunities students re- Primary Care Education Act. tional and international awards, and in 1992, ceive during their medical education. Foremost f President George Bush presented Reverend among these factors was whether the medical BLACK HISTORY MONTH TRIBUTE Sullivan with The Presidential Medal of Free- school had a family practice department. Stu- TO REV. LEON H. SULLIVAN dom. He serves on the board of directors of dents attending schools with family practice numerous companies such as Mellon Bank departments were 57 percent more likely to HON. NICK J. RAHALL II and is the director emeritus of General Motors pursue primary care than those attending Corp. where he was the first African-American schools without family practice departments. OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES to sit on the GM board. Second, the higher the ratio of funding of a This is but a thumbnail sketch of the many family practice department in relation to the Wednesday, February 12, 1997 achievements of Rev. Leon H. Sullivan. With number of students, the higher the percentage Mr. RAHALL. Mr. Speaker, today we take a mind full of ideas and the motto ``We help of students choosing to enter primary care. the time to observe Black History Month and ourselves,'' Rev. Leon H. Sullivan has contrib- Students attending medical schools with highly pay tribute to those individuals who have uted immensely to the advancement of Afri- funded departments were 18 percent more made significant contributions to history and to can-Americans and to society as a whole. He likely to pursue primary care than students at- our society. One such individual is Rev. Leon is a man of great wisdom with many hopes tending schools with lower funding. A third fac- Howard Sullivan, a clergyman and civil rights and dreams for his fellow Americans and is an tor was whether a family practice clerkship activist, from Charleston, WV. inspiration to us all. was required before career decisions were Leon H. Sullivan was born on October 16, f made in the fourth year. Students attending 1922. Growing up, he lived in an environment schools which required a third-year clerkship that was severely limited both economically TRIBUTE TO LOUIS MARCHESE were 18 percent more likely to pursue primary and socially. In spite of his circumstances, care. Fourth, a significant correlation was Sullivan focused his after school energies on HON. SIDNEY R. YATES found between residents who were exposed to religion and sports. At the remarkably early OF ILLINOIS primary care faculty, exposed to hospital age of 17, he was ordained a Baptist minister, IN THE HOUSE OF REPRESENTATIVES rounds taught by primary care faculty, and ex- and soon thereafter, he entered West Virginia posed to rotations which required training in State College, a historically black college, on Wednesday, February 12, 1997 primary careÐand residents who were notÐin an athletic scholarship. His contribution to so- Mr. YATES. Mr. Speaker, on Sunday, Feb- choosing to enter general practice. ciety and to West Virginia State College led to ruary 9, 1997, Mr. Louis Marchese, 65, died at Given the health care needs of the 21st the construction of Sullivan Hall in 1970. Sulli- his home in Arlington Heights, IL. I rise today century, COGME recommends we attain the van Hall houses the women students at West to pay tribute to this fine man. following physician work force goals by the Virginia State College and the West Virginia A prominent lawyer in Illinois, with an exten- year 2000. First year residency positions Graduate Studies Administrative and College sive background in contract and distribution should be limited to the number of 1993 U.S. Offices. law, Mr. Marchese was a senior partner with medical school graduates, plus 10 percent. At In 1942, Sullivan met former U.S. Rep- the Chicago law firm of Halfpenny, Hahn, least 50 percent of residency graduates resentative, Adam Clayton-Powell who was Roche & Marchese. He was nationally recog- should enter practice as primary care physi- visiting West Virginia. Sullivan so deeply im- nized for his expertise in association law, anti- cians. By comparison, current projections pressed Powell that at Powell's suggestion, trust law, contract law, trade regulation, em- show that America will have a mix of 31 per- Sullivan moved to New York City to study the- ployment law, product liability, interstate tax- cent generalists and 69 percent specialists by ology at the Union Theological Seminary and ation, and government regulatory law. In addi- 2000Ðunder the status quo. sociology at Columbia University. tion to his significant legal contributions, Mr. E232 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 Marchese also lectured at the Executive De- Alva Edison, the greatest inventor, whose As many of you are aware, in December velopment Centers of both the University of Il- 150th birthday was February 11. He was a 1996, the Army Corps of Engineers issued its linois at Chicago and Northwestern University. man whose vision transformed America from ``Final Notice of Issuance, Reissuance and He also is credited with writing several books an agrarian nation into an urban-industrial Modification of Nationwide Permits,'' (61 Fed. and articles related to his legal work and ex- power. He almost single-handedly ushered the Reg. 65874 (Dec. 13, 1996)), which will signifi- perience. world from the age of steam into the age of cantly alter wetlands permitting in the United Mr. Marchese was a member of the Chi- electricity. Thomas Edison embodies every- States. That regulation took effect yesterday, cago Bar Association, the American Trial Law- thing noble about our great country. February 11, 1997. yers Association, and the legal section of the He was born to Canadian immigrants Sam- Initially, the corps refused to submit the na- American Society of Association Executives. uel and Nancy Edison in Milan, OH, on Feb- tionwide permit final rule to Congress because He received his law degree from the DePaul ruary 11, 1847. As a young, inquisitive boy he the agency maintained that the CRA did not University School of Law in Chicago and was was actually expelled from elementary school apply. The corps argued that the nationwide an Army veteran of the Korean war. for asking too many questions. Instead, he permit regulations were not a rule within the His son, Steven, is my talented and effec- was taught at home by his mother and by his meaning of the act for various reasons relating tive legislative assistant. own intellect and curiosity. Despite these dif- to, among other things, the permit-like nature Besides Steven, Mr. Marchese is survived ficulties, he became one of the most prolific in- of the regulations and their optionalÐrather by his wife, Margaret; son, John; daughters, ventors in history. than mandatoryÐuse by permittees. Mary Ellen Baker, Ann Griffin, and Meg Mar- There are few Americans who can claim I disagree with that view. In my judgment, chese; his mother, Anna; brother, Jerry; and that their vision, their creativity, their hard work the corps' nationwide permit regulation was a five grandchildren. and their entrepreneurial imagination have rule within the meaning of the CRA and sec- f positively benefited the lives of virtually every tion 551 of the Administrative Procedure Act. A TRIBUTE TO GWENDOLYN human being on the planet for the last cen- My view was supported by an earlier opinion BROOKS, A LEADING VOICE IN tury. of the general counsel of the General Ac- AMERICA Thomas Edison is one such person. He re- counting Office who reached a similar conclu- ceived a record 1,093 patents. These were for sion on analogous facts last year. The general inventions such as the electric light bulb, the counsel considered the Secretary of Agri- HON. RONALD V. DELLUMS culture's issuance of an agency memorandum OF CALIFORNIA phonograph, and the motion picture camera. concerning the implementation of the Emer- IN THE HOUSE OF REPRESENTATIVES He also revolutionized the electric power gen- eration and distribution systems, marking the gency Salvage Timer Sale Program. See B± Wednesday, February 12, 1997 true beginnings of the world's electric utility in- 274505, Letter from Robert Murphy, General Mr. DELLUMS. Mr. Speaker, I rise today to dustry. Counsel, to Senator Larry E. Craig (Sept. 16, pay tribute to Ms. Gwendolyn Brooks, who is California has particularly benefited from this 1996). Even though that implementing memo- being honored for her distinguished career on great man's genius. He created our film and randum was not a formal notice and comment February 14, 1997, by the Department of Eng- recording industries which now employ over rule, GAO nonetheless concluded that the lish and the Moorland Spingarn Research half-a-million people and exceed more than memorandum met the much broader definition Center of Howard University. I ask my col- $40 billion in annual worldwide revenues. of a ``rule'' used in the CRA and was required leagues to join me in paying tribute to a spe- Even today, one of the world's largest energy by that act to be submitted to Congress for re- cial person who has touched millions of peo- companies based in California, still bears his view. Given the nature of the Corps' Nation- ple throughout the world with her words. name: Edison International. wide Permit Program proposal, I concluded Gwendolyn Brooks was born in Topeka, KS, Perhaps Edison's greatest contribution to that failure to submit the proposal to Congress in 1917 and then moved to Chicago early in the science community was establishing the would also violate the CRA, in light of the her life. She has long been recognized as a world's first research laboratory. His lab in analysis and criteria used by GAO. leading voice in modern American letters. For West Orange, NJ, is now designated as the I was even more concerned with the poten- more than 50 years, she has undertaken as Edison National Historic Site. tial that failure to submit the nationwide permit her life's work a composite portrait of African- I ask my colleagues to join me in recogniz- proposal for review could have rendered the Americans acknowledging within the universe ing Thomas Alva Edison for his contributions entire, reissued program invalid based solely of her poems their nobility and enduring spirit. to all mankind. He is an American we can on procedural grounds. The CRA, 5 U.S.C. For five decades, she has interpreted their proudly point to as a role model for our youth 801(a)(1), provides that before a rule may be- stories within the context of America, com- and as an inspiration to our future. come effective, the agency promulgating the memorating in works such as ``A Street in f rule must submit it to each House of Congress Bronzeville,'' ``Annie Allen,'' ``The Bean Eat- for review. The corps' initial inclination not to ers,'' ``In the Mecca,'' ``Family Pictures,'' REGARDING CONGRESSIONAL RE- submit the nationwide permit final notice to ``Riot,'' ``Aloneness,'' ``Beckonings,'' ``To Dis- VIEW OF THE ARMY CORPS OF Congress ran the risk that a Federal court embark,'' ``Maud Martha,'' and ``Blacks,'' those ENGINEERS NATIONWIDE PER- might subsequently determine that the failure of us adjudged the leastwise of the land. With MIT PROGRAM REVISIONS to do so violated the requirements of prophetic insight, eloquence, and passion she § 801(a)(1). Were that determination to be has written of her people's joys; their triumphs, HON. BUD SHUSTER made, the nationwide permit rule might be their follies, and their despair. But through the OF PENNSYLVANIA deemed without effect and all permits issued sustaining power of her love and the depth of IN THE HOUSE OF REPRESENTATIVES thereunder subsequent to February 11, 1997, her commitment, her people live and may yet deemed null and void ab initio. Wednesday, February 12, 1997 prevail. In light of this uncertainty, I urged the corps Gwendolyn Brooks, distinguished poet of Mr. SHUSTER. Mr. Speaker, I rise today to to rethink its position and accept the congres- our time, distinguished poet laureate of Illinois, call the attention of the House to an issue sional review process adopted in the 104th distinguished consultant-in-poetry to the Li- which has recently arisen regarding the imple- Congress. To its credit, the corps did soÐal- brary of Congress, distinguished Pulitzer Prize mentation of the Congressional Review Act though with reluctance. Though the corps con- winner, teacher, mentor, true lover of the poor, [CRA], Public Law No. 104±121, subtitle E, tinues to believe that submission of the nation- poet of the people, we honor and salute you. title II, 110 Stat. 847, 868±74 (1996). I particu- wide permit rule was unnecessary, the corps f larly want to thank the Honorable H. Martin agreed to submit the rule for review under the TRIBUTE TO THOMAS ALVA Lancaster, Assistant Secretary of the Army for congressional review process and did so yes- EDISON Civil Works, and Maj. Gen. Russell Fuhrman, terday. We have both agreed that in doing so Director of Civil Works, for the spirit of biparti- the corps remains free to argue its position san cooperation with which they and their staff both to Congress in connection with any fur- HON. JAMES E. ROGAN worked with the Transportation and Infrastruc- OF CALIFORNIA ther submissions under the CRA and in the ture Committee and staff of the Government IN THE HOUSE OF REPRESENTATIVES Federal courts. Reform and Oversight Committee. Because, While the corps submitted the rule in the in- Wednesday, February 12, 1997 however, the issue is one which is likely to terest of comity, I remain concerned about the Mr. ROGAN. Mr. Speaker, I ask my col- recur, I bring it to the attention of my col- agency's determination that the rule is not a leagues to join me in paying tribute to Thomas leagues for their consideration. major rule triggering the special moratorium February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E233 and review provisions of § 801. I am also con- Park Middle School band for their tireless ef- Mr. Visaggio of Seacaucus, NJ, has been cerned that the level of consultation with, and forts and outstanding achievements. This tal- training in Taekwon Do for 15 years. He is the analysis by, the Office of Management and ented group of musicians has made the Pico New Jersey State director of the International BudgetÐas required by CRAÐwas minimal. Rivera community proud. I, too, am proud to Taekwon Do Association, and is owner and Even so, I appreciate the corps' willingness to represent such fine young men and women, head instructor of the Meadowlands Academy work with us in the spirit of bipartisan coopera- and I ask my colleagues to join me in honor- of Martial Arts. tion so as to move beyond the initial issue of ing them for their hard work and accomplish- Mr. Speaker, I urge you and all of our col- submission to Congress under the CRA. ments. leagues to join me in commending Frank With this procedural issue set aside, we can f Visaggio on all of his worthy accomplishments. now focus on the substance of these signifi- I wish Frank and his teammates the best of cant changes to the Nationwide Permit Pro- THANK YOU, PETER KING luck in this summer's competition. gram. The leadership of the Transportation and Infrastructure Committee and its Water HON. KAREN McCARTHY f Resources and Environment Subcommittee OF MISSOURI THE INDEPENDENT COUNSEL LAW looks forward to reviewing the modifications, IN THE HOUSE OF REPRESENTATIVES particularly to Nationwide Permit No. 26, and the overall impact of the January 23, 1997, Wednesday, February 12, 1997 HON. LEE H. HAMILTON Federal court rulingÐAmerican Mining Con- Ms. MCCARTHY of Missouri. Mr. Speaker, I OF INDIANA gress versus Army Corps of EngineersÐinvali- would like to take this opportunity to recognize IN THE HOUSE OF REPRESENTATIVES dating the corps' so-called excavation rule. Congressman PETER KING for his tireless and Wednesday, February 12, 1997 Congressional review of these recent develop- diligent work on behalf of the Irish people. Mr. HAMILTON. Mr. Speaker, I would like to ments should help in the overall effort to reau- ING, who serves as the co- Congressman K insert my Washington Report for Wednesday, thorize and improve the Clean Water Act, in- chairman of the Congressional Ad Hoc Com- February 5, 1997, into the CONGRESSIONAL cluding the wetlands permitting program. mittee on Irish Affairs, was awarded the Heart RECORD. f of America International Peace Award by the REFORMING THE INDEPENDENT COUNSEL LAW Ancient Order of Hibernians, Padriac Pearse HONORING THE NORTH PARK MID- Division I, Jackson County, MO, on February Congress enacted the independent counsel DLE SCHOOL BAND OF PICO RI- law in 1978 in response to Watergate and the 1, 1997. This honor was for his strong opposi- VERA seeming inability of the executive branch to tion to British oppression of the Irish people. investigate and prosecute crimes by senior Mr. KING was only the third leader to receive administration officials. The independent HON. ESTEBAN EDWARD TORRES this prestigious honor. Previous winners of this counsel, appointed by federal judges and OF CALIFORNIA award include Jerry Adams and Bernadette working outside the executive branch, was IN THE HOUSE OF REPRESENTATIVES Devlin. All three have distinguished them- intended to handle such cases in an impar- Wednesday, February 12, 1997 selves through exemplary leadership in the tial manner, thus restoring public confidence area of human rights equalization in Northern in the process. Mr. TORRES. Mr. Speaker, I rise today to Since the law’s enactment there have been honor the members of Pico Rivera's North Ireland. He was recently presented this award 17 independent counsel investigations at an Park Middle School marching band. On by the Ancient Order of Hibernians in my dis- estimated total cost of over $115 million. Of Wednesday, January 1, 1997, this group of trict. those 10 ended with no indictments. Four talented young individuals participated in the Congressman PETER KING has traveled to others, including the Whitewater investiga- 108th Annual Tournament of Roses Parade in the six occupied counties in Northern Ireland tion of the President, are ongoing. There Pasadena, CA, as the first group of middle on 15 different occasions and is recognized as were several convictions in the Iran-contra school students to perform in this event in the leader in Congress on issues facing Ire- investigation, although some were over- over 45 years. As I watched the North Park land. He has been honored by the Ancient turned on appeal. Even though the law is not up for review Order of Hibernians, the Knights of Columbus, Middle School band on television, I was filled until 1999, Congress is already considering with pride that this group of talented youth the Irish-American Fenian Society, the Irish proposals to reform the measure. A House from my congressional district was represent- National Caucus, and the Irish Northern Aid subcommittee held hearings on the law last ing my community. It is through their dedica- Committee. year, and numerous articles have been writ- tion, hard work, and perseverance that the His travels to Northern Ireland enabled him ten on the issue, particularly in light of the band members earned this distinct privilege, to witness hunger strikes, the Diplock Courts, ongoing Whitewater investigation. Some and they are to be commended. and other monumental events. He accom- argue that the act has worked reasonably On Monday, May 24, 1993, I stood before panied President Clinton on the President's well, while others say it has led to costly and my colleagues in the House and honored this historic peace mission to Belfast and Derry in unending investigations and should be over- hauled or scrapped. same group of young people for their commit- 1995. HOW THE LAW WORKS ment to excellence. I spoke of the band mem- Thank you, PETER KING, for your outstand- bers and their parents who faced the board of ing service to the Congress, the Irish-Amer- The independent counsel law generally ap- education to demand that North Park Middle ican community throughout our great Nation, plies to high ranking officials in the execu- tive branch, including the President, Vice School's music program not be abolished. As and the Irish nationalist community abroad. I President, senior White House staff, and Cab- a result, funding was continued, and the band applaud your efforts and salute you as the inet members as well as members of Con- was bestowed with one of the greatest honors 1997 Heart of America International Peace gress. The Attorney General can seek an possible: the opportunity to perform before mil- Award recipient. independent counsel on her own initiative or lions of viewers in the 1997 Rose Parade. f on receipt of information alleging a viola- The outstanding performance demonstrated tion of federal criminal law. by each of the band members is testimony to HONORING FRANK VISAGGIO The Attorney General conducts an initial the leadership and guidance that the band's review of the matter. If she reasonably be- director, Mr. Ron Wakefield, has provided over lieves further investigation is warranted, she HON. STEVE R. ROTHMAN applies to a special three-judge panel ap- the years. Because of Ron's dedication and OF NEW JERSEY pointed by the Chief Justice of the Supreme belief in his young musicians, the band never IN THE HOUSE OF REPRESENTATIVES Court, requesting that the panel appoint an gave up its dream of one day performing in Wednesday, February 12, 1997 independent counsel. The panel selects the the Rose Parade. Helping Ron were assistant independent counsel, and defines the scope of director, Jose Diaz, parade coordinator, Lou Mr. ROTHMAN. Mr. Speaker, I rise today to the investigation. The independent counsel Diaz, and Rhonda Cheat, colorguard adviser. honor Frank Visaggio, who was selected to has the full range of investigatory and pros- I would also like to recognize North Park Mid- represent the United States in Taekwon Do's ecutorial powers and functions of the Attor- dle School principal, Robert Martinez, vice 1997 World Championships. ney General. There is no specific term of appointment principal, Dwight Jones, and the parents of the A team of six men and six women will com- for independent counsels. They have unlim- bandmembers for their support of the band's pete against over 30 countries this July in St. ited budgets, serve as long as it takes to efforts. Petersburg, Russia. The team competition in- complete their duties, and may seek to ex- Mr. Speaker, I stand before you today in cludes four events: sparring, breaking, pat- pand the scope of their investigation. An recognition of the young members of the North terns, and team patterns. independent counsel may only be removed by E234 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 the Attorney General for good cause. Like- however, that the process should be used leaders won first place in their competitions wise, the special three-judge panel may ter- more sparingly and subject to more during the All ``A'' Tournament. minate the work of the independent counsel contraints. Public confidence in the process We all know that it's not whether you win or if the counsel’s work is deemed completed. has diminished as investigations drag on for loseÐit's how you play the game. Certainly, ARGUMENTS PRO AND CON years, at great expense. The independent counsel law expires in these Lady Bulldogs played fairly, with dignity Supporters of the independent counsel law 1999. We should use the next two years to re- and pride. But it sure is a great feeling to actu- contend that it is necessary to investigate view the current law, and consider reforms ally win the game. Today, I congratulate the allegations of high-level misconduct in the that would improve public confidence in the Hazard Lady Bulldogs and their coaches. executive branch. Only an independent coun- process, including limiting the use of the sel, chosen by a panel of judges, can provide Good work on a job well done. independent counsel law and making the the best assurance of a thorough and impar- f process, when invoked, move more swiftly tial investigation followed by a fair-minded and less expensively. prosecution or public dismissal of the CONGRESSMAN FRANK LUCAS charges. The Attorney General, in contrast, f HONORS EIGHT OKLAHOMANS is a political appointee of the President, and WHO HAVE BEEN HONORED AS might not be counted on to conduct an im- HOORAY FOR THE LADY ‘‘CIVIL RIGHTS TRAILBLAZERS’’ partial review of allegations of misconduct BULLDOGS by the President or his appointees. HON. FRANK D. LUCAS Opponents respond that the law is too eas- OF OKLAHOMA ily abused. Congress enacted the independent HON. HAROLD ROGERS counsel statute to address those occasions, OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES as with Watergate, where there is serious IN THE HOUSE OF REPRESENTATIVES Wednesday, February 12, 1997 evidence of criminal misconduct by the Wednesday, February 12, 1997 Mr. LUCAS. Mr. Speaker, I rise today to President or high level government officials. An independent counsel operates with broad Mr. ROGERS. Mr. Speaker, on Sunday, honor eight Oklahomans who were recently powers and an unlimited budget, outside the February 3, 1997, the Lady Bulldogs of Haz- honored as ``Civil Rights Trailblazers.'' The standard constraints of executive branch ac- ard High School in Hazard, KY, made a dream Oklahoma Historical Society's Black Heritage countability, and should be rarely appointed. come true. That was the night they won the All Committee acknowledged the commitment to The Iran-contra affair and Watergate might ``A'' State Tournament by beating Lexington civil rights that these leaders have made. The justify appointment of a special counsel, but following were honored on February 6, 1997. determining whether a Department Sec- Catholic 53 to 45. This was the fourth time in history that Haz- Former Oklahoma Representative Hannah retary told an FBI background reviewer the Diggs Atkins was a State representative for 12 total amount of money he gave his former ard High School had a team in a basketball mistress does not. Such a case could be han- State championship. In fact, the Lady Bulldogs years and served as a delegate to the United dled by the Justice Department. of 1996±97 had a lot to live up toÐevery Haz- Nations General Assembly under President Jimmy Carter. She is also a member of the REFORM PROPOSALS ard team that had gone to the State cham- Oklahoma Women's Hall of Fame and the There is a wide range of proposals for re- pionships before had won. Were they up to forming the independent counsel law. Some the challenge? Afro-American Hall of Fame. David Boren is a former Governor and Sen- favor outright repeal. They say that career In their opening game of the tournament, ator from Oklahoma. Among other things, he Justice Department prosecutors can impar- the Lady Bulldogs beat the defending All ``A'' chaired the Senate Select Committee on Intel- tially investigate and prosecute cases of ex- champions from Louisville Holy Cross 61 to ecutive branch misconduct, and that the po- ligence and was a cochair of the 1993 Joint 34. This was a sign of great things to come. litical process will hold the President ac- Committee on the Organization of Congress. After two more games, the Lady Bulldogs countable for prosecutorial abuse. After all, He currently serves as president of the Univer- faced Lexington CatholicÐand the rest is his- they observe, the Watergate cases were in- sity of Oklahoma. tory. With effective offense, tenacious defense, vestigated and prosecuted without an inde- Rev. W.K. Jackson currently preaches at pendent counsel law. skillful shooting, and tremendous coaching, the Oklahoma City St. John Baptist Church. Others support incremental changes to the the Lady Bulldogs claimed victory for their He has served as president of the Baptist Min- law. One set of reforms would limit the cir- own. isters Union, the Progressive Oklahoma Bap- cumstances when an independent counsel Today, the 1996±97 Lady BulldogsÐJaime would be appointed. For example, the law tists State Convention, and the Coalition of Steele, Dee Sammons, Leah Cornett, Betsy could be limited to allegations of misconduct Civic Leadership. at the highest levels of government, such as Boggs, Charlotte Sizemore, Lori Graves, Caro- Ms. Rubye Hall is the current chair of the the President, Vice President, and Attorney lyn Alexander, Tracy Kershaw, Nea Rogers, Oklahoma Historical Society's Black Heritage General, and to crimes committed in office. Christy Dunigan, and Jennifer SharpÐare Committee. She is a life-long educator who is Likewise, the law could be amended to raise walking tall. Each one a dedicated, hard-work- an emeritus member of the Oklahoma Histori- the threshold at which the Attorney General ing young lady. Each one with the character must ask the three-judge panel to name a cal Society Board of Directors. and perseverance of a champion, not because Mr. John Kirkpatrick formed the Kirkpatrick special prosecutor. she won a State tourney, but because she Another set of reforms would place some Foundation in the 1970's and has been hon- checks on the powers of an independent dared to pursue the dream. ored by the Oklahoma City Federation of Col- counsel. The law, for example, could be The victory, however, is not theirs alone. ored Women's Clubs with an Achievement amended to fix a time limit on the investiga- Their coach, William ``Bill'' Fannin, began to Award in 1992. He and his wife Eleanor have tion, subject to extension by the appointing lay the groundwork over a decade ago. In been very active philanthropists. court if there has been an indictment or if 1985, he took on the coaching job, and with Ms. Clara Luper was an active civil rights the independent counsel has the evidence to patience, understanding, hard work, and love leader in the 1960's who led a number of justify further inquiry. The law could also be in his heart, he helped show the Lady Bull- lunch counter sit-ins in Oklahoma City to changed to limit the ability of the independ- dogs what it takes to be winnersÐnot just on ent counsel to expand the scope of an inves- break down Jim Crowe Laws. tigation. Some have also proposed constrain- the court, but also in school and their commu- George Nigh is a former Governor, Lieuten- ing spending on investigations by making nity. ant Governor, and State representative of them subject to annual congressional appro- Of course, Coach Fannin had a little help. Oklahoma and currently serves as president of priations. Coach ``Cos'' Hugh Cosimini; coach Frieda the University of Central Oklahoma. In addi- A third set of reforms would improve the Fannin, Bill's wife; and coach Candi Fannin, tion, he is a member of the Oklahoma Hall of integrity of the independent counsel process. Bill's daughter, put a lot of time, energy, and Fame and was inducted into the U.S. Jaycees One such proposal would make the job of heart into building the Lady Bulldog team we Ten Outstanding Young Americans Hall of independent counsel full time, permitting no know today. representation of other clients. This reform Leadership. would enhance public confidence in the im- The community of Hazard also deserves Ms. Ursula Sanders is the current president partiality of the investigation, and help ex- some of the credit for their staunch support of of the Baptist Ministers Wives of the National pedite the proceedings. the team. And, I would be leaving out an im- Baptist Congress of Christian Education and CONCLUSION portant part of the team if I didn't mention the served for 16 years as president of the Wom- I have consistently supported the inde- Hazard cheerleaders, whose spirit at the en's Christian Temperance Union in Okla- pendent counsel law, and approved of the ap- games helped rally the Lady Bulldogs to vic- homa. pointment of a special prosecutor in the tory. In fact, both the Lady Bulldog cheer- I want to personally salute these leaders Iran-contra and Whitewater cases. I believe, leaders and the Hazard boy's team cheer- and thank them for the progress that has been February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E235 made in the area of civil rights as a result of JOHN GRIESEMER POST OFFICE CANCER their efforts. It is my hope that their examples BUILDING will be followed by the next generation of lead- HON. LEE H. HAMILTON ers as all of us confront the continuing prob- HON. ROY BLUNT OF INDIANA lems regarding race relations in the United OF MISSOURI IN THE HOUSE OF REPRESENTATIVES States. We would be well served to do so. IN THE HOUSE OF REPRESENTATIVES f Wednesday, February 12, 1997 Wednesday, February 12, 1997 Mr. HAMILTON. Mr. Speaker, I am inserting SALUTING STEVE D. BULLOCK— my Washington Report for Wednesday, Janu- BLACK PROFESSIONAL OF THE Mr. BLUNT. Mr. Speaker, I rise today to in- ary 1, 1997 into the CONGRESSIONAL RECORD. YEAR troduce a bill to designate the U.S. Post Office Building located at Bennett and Kansas Ave- PROGRESS IN THE WAR ON CANCER nue in Springfield, MO, as the John Griesemer Twenty five years ago this month Presi- HON. LOUIS STOKES Post Office Building. dent Richard Nixon declared a national war OF OHIO John Griesemer was born in Mount Vernon, on cancer. One of the frequent questions put IN THE HOUSE OF REPRESENTATIVES to me by constituents is, ‘‘How goes the MO, and grew up on a dairy farm in Billings, war?’’ It is not an easy question to answer. Wednesday, February 12, 1997 MO. He graduated from Billings High School Despite the glut of information on cancer Mr. STOKES. Mr. Speaker, I am proud to in 1948 and he earned a bachelor of science these days much of the news seems destined salute an outstanding individual from my con- degree in Civil Engineering from the University to confuse us. The statistics pour out from gressional district who is being recognized for of Missouri, Columbia in 1953. He served as the doctors and hospitals across the country a very special honor. On February 15, 1997, a first lieutenant, Engineering Officer in the but there is wide disagreement about what they really mean. the Black Professionals Association Charitable U.S. Air Force from 1954 until 1956. After his discharge from the Air Force, John There is much good news to report. The Foundation will bestow the 1997 Black Profes- cancer death rate fell by nearly 3% between sional of the Year Award upon Mr. Steve returned to southwest Missouri to work for his 1991 and 1995, the first sustained drop since Delano Bullock. I rise to pay tribute to Mr. Bul- family's business, Greisemer Stone Co. He national record keeping was begun in the lock upon this important occasion. I want to served there as president and as a director 1930s. The 1990s may well be remembered as share with my colleagues and the Nation until his death in 1993. the decade when we measurably turned the some information regarding the honoree. In defiance of conventional wisdom, John tide against cancer. Cancer certainly re- Mr. Bullock has enjoyed a distinguished ca- Griesemer balanced a successful career with mains among the worst fears of Americans, but it is not the death sentence that it once reer with the American Red Cross. He was family life and a dedication to community serv- ice. He and his wife, Kathleen, raised five chil- was. Of more than 10 million Americans who named chief executive officer and chapter are cancer survivors, 7 million are long term manager of the Greater Cleveland Chapter in dren on a small farm just east of Springfield, survivors having had cancer diagnosed more 1982. Prior to assuming this position, he MO. John was active in his church, having than five years ago. worked for the Red Cross in military installa- served as chairman of the annual Diocesan There is, however, reason for concern. tions in the United States, Europe, and South- Development fund drive, member of the Finan- After billions of dollars in research, we still east Asia. Mr. Bullock also previously served cial Advisory Committee and co-trustee of the don’t have a cure for cancer, and some re- as executive director of the agency's St. Paul, Heer-Andres Trust of the Catholic diocese of searchers doubt we will develop a single cure. The fear of cancer is obvious. Over 40% MN chapter. Springfield-Cape Girardeau, MO. He also served as co-chairman of the Margin for Ex- of us will develop cancer, and over 20% of us Mr. Speaker, in 1988, Steve Bullock was will die from the disease. Within five years named chairman of the president's advisory cellence fund drive to establish an endowment cancer will be the leading cause of death in committee, a group of senior Red Cross field and build a new Catholic High School in the United States, responsible for over 6 mil- executives which counsels top management Springfield. John was an Eagle Scout, a Scout lion years of life prematurely lost each year on issues facing the organization. Another Master and, in later years, served on the and an annual cost to the economy of over highlight of his career occurred in 1995 when Board of the Ozarks Council of the Boy $100 billion. Mr. Bullock was appointed to head the 1996 Scouts of America. He was also involved with While we may not have a cure for cancer, the Junior Achievement program. our cancer research efforts, led by the Na- national American Red Cross campaign. tional Cancer Institute in conjunction with Mr. Bullock is also an active member of the In addition to his work with Griesemer Stone private research efforts, have produced sig- Greater Cleveland community. His board Co., John founded Joplin Stone Co. and Mis- nificant incremental successes. We have a memberships include the Greater Cleveland souri Commercial Transportation Co., and better understanding of how a normal cell Roundtable, the Cleveland Campaign, and served as president of Springfield Ready Mix changes into a cancerous one. Some forms of Leadership Cleveland. He is the chairman of Co. He was a director of Boatmen's National cancer have actually been reduced. Better the Mandel Center for Non-Profit Organiza- Bank and, in 1991 was president of the treatment methods with fewer side effects tions, Case Western Reserve University Exec- Springfield Development Council, a nonprofit are now available. Less disfiguring surgeries subsidiary corporation of the Springfield are being performed. The quality of life for utive Advisory Network, and is the past presi- cancer survivors has been enhanced substan- dent of the Council of United Way Services Chamber of Commerce. tially. These successes give us cause for opti- Agency Executives. In 1984, John was named by President mism in the fight against cancer. Reagan to serve on the U.S. Postal Service Mr. Bullock received a Bachelor of Arts De- WHAT CAUSES CANCER? Board of Governors, which oversees the Post- gree in History and Sociology at Virginia Union The most striking progress we have made University and a Master's Degree in Business al Service. He was elected chairman of that in cancer research over the last quarter cen- Administration at the College of St. Thomas. Board in 1987 and 1988 and served for 3 tury is our understanding of the biology of He has also done graduate work in urban ad- years as its vice chairman. cancer, that is, how a good cell goes haywire ministration; attended the American Red Cross In spite of his many personal achievements, and divides continuously. Cancer occurs Executive Development Institute; and is a John's favorite story about himself was one of when our cells divide uncontrollably result- graduate of Leadership Cleveland. Mr. Bullock personal failure. When he was 8 years old he ing in the formation of a mass of tissue, oth- and his wife, Doris, reside in University got a job picking strawberries; at the end of erwise known as a malignant tumor. The the first day he had failed to meet his quota, tumor destroys nearby tissues and organs as Heights. They are active members of Antioch it grows. Baptist Church in Cleveland. so he was fired. In the words of his wife Kath- We now know that cancer is linked to Mr. Speaker, Steve Bullock will be the 17th leen, ``that shows that failure is not forever.'' human genes. Scientists have discovered individual to receive of the prestigious Black His example is one that all Americans can live that altered genes or altered gene activity Professional of the Year Award. As a past re- by. cause a cell to divide continuously. A person cipient of this honor, I take special pride in sa- John Griesemer passed away in 1993, sur- may inherit altered or abnormal genes, or luting him on this occasion. I join his family, vived by his wife and five children. His legacy acquire them through chemical or physical friends, and colleagues in stating that he is is one of service to his God, his country and damage or the effects of viruses. Scientists have already discovered over 20 genes linked more than deserving of the award. I also take to his fellowman through dedication to family, to cancer that run in the family. They have this opportunity to applaud the Black Profes- business and community. I ask that my col- discovered that a particular gene, the p52 sionals Association for its strong leadership leagues join me in honoring that legacy by gene, can stop tumors before they grow and and commitment. I wish Mr. Bullock and the passing the legislation that I have offered that this gene, if damaged, is involved in association much continued success. today. some 60% of cancers. E236 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 CANCER DETECTION, TREATMENT, AND THE SPRINT—LA CONEXION FA- SprintÐearning $7 an hour as compared to PREVENTION MILIAR AFFAIR: JUSTICE DE- $11 an hour for regular Sprint telemarketers. Our increased knowledge about cancer has LAYED, AND DELAYED AGAIN The payment of commissions was arbitrary led to dramatic improvements in screening, and discriminatory, and the workers com- detection, treatment, and prevention. We are HON. TOM LANTOS plained. And Sprint managers restricted their seeing a reduction in some cancer types di- OF CALIFORNIA visits to the bathroom, telling the workers to rectly resulting from these improvements. IN THE HOUSE OF REPRESENTATIVES drink less water so they wouldn't have to go Doctors are able to routinely screen patients as frequently. When the workers started orga- for cancers like breast, cervical, prostate and Wednesday, February 12, 1997 nizing for union representation, Sprint man- colorectal cancer. These tests help detect Mr. LANTOS. Mr. Speaker, almost 3 years agers engaged in such blatantly illegal behav- cancer in the earlier stages of development when the likelihood of successful treatment ago, on July 14, 1994, a great injustice was ior to harass and intimidate union supporters is best. committed by one of the most powerful cor- that even the NLRB's investigatorsÐinvestiga- porations in AmericaÐSprintÐagainst some of tors who have seen it allÐexpressed shock We are also seeing progress in the effec- the least powerful among us. A union rep- when they later reviewed the evidence. tiveness of standard cancer treatments. Most resentation election was underway at a Sprint cancers are treated first with surgical re- During the long and drawn out legal pro- subsidiary which employed 177 Hispanic tele- moval of the tumor and surrounding tissue, ceedings in this case, the NLRB provedÐand marketers who sold Sprint's long distance followed by radiation or chemotherapy to Sprint ultimately admitted toÐscores of services to Spanish-speaking customers. control spreading to other parts of the body. charges of illegal threats to close the office if Less damaging surgical procedures are now Nearly all the workers at the San Francisco an option; radiation can now be administered Sprint subsidiary, known as La Conexion Fa- workers voted for a union, of coercing workers in a precise, pinpoint fashion; and the side miliar ``The Family Connection'' [LCF], were to spy on other workers, and of interrogating effects of chemotherapy are now more toler- women who had immigrated to the United and browbeating union supporters. Sprint's able thanks to new medicines that combat States from Mexico and Central and South treatment of the LCF workers has been con- nausea, anemia, and immune suppression. America. Many of them spoke only Spanish, demned by the Board of Supervisors of San More targeted therapies are also emerging. Francisco, by dozens of my colleagues in the There are some experimental anticancer which was no handicap in their specialized drugs, for example, which are better marketing jobs. Congress, including the Hispanic caucus, and equipped to target a malignant tumor and When it became clear to Sprint that the La by government and labor officials in Mexico kill the cancer cells while avoiding the Conexion Familiar workers would vote to be and Canada as well as in Germany, where healthy ones. represented by the Communications Workers Sprint is involved in a partnership with Deut- Researchers also stress the importance of of America, Sprint suddenly shut the officeÐ sche Telekom. prevention and education in reducing the just 8 days before their union election. The an- Mr. Speaker, through its action, Sprint has nouncement was made over the PA system number of cancer cases. Changes in lifestyle gained itself an international reputation as a and eating habits as well as reduced exposure during the workday, and the workers were violator of our Nation's labor laws. Sprint to chemicals in the work place have contrib- gathered together to be searched by guards should know that pursuing endless legal ap- uted to declining cancer rates. Cancer aware- and sent out the door. The women were so peals is an unacceptable business practice. ness has also paid off. People are much more shocked and upset that paramedics had to be conscious of cancer’s early warning signs and called to the scene, and one worker was even Unfortunately, this is a trend that is growing. I when to seek treatment. admitted to a hospital. would like to include in the RECORD for the benefit of my colleagues a column by the dis- BUILDING ON OUR SUCCESSES The dreams of these workers were shat- tered and their jobs were summarily elimi- tinguished president of the Communications Much work remains to be done in our fight nated, simply because they wanted a union, Workers of America [CWA], Morton Bahr, against cancer. While we are experiencing and because they believed that in the United which was published in the CWA News of the first sustained decline in cancer mortal- February 1997. President Bahr's column, enti- ity since the 1930’s, several types of cancer States, our labor laws would guarantee work- are staying at the same levels or increasing, place democracy and the right to organize. tled ``Breaking the Law, Business as Usual,'' such as non-Hodgkin’s lymphoma, mela- One young woman described her ordeal this provides documentation of increasing labor noma, and brain and kidney cancers. way at a public hearing on the shutdown held law violationsÐspecifically the growing use of We must continue to strengthen our na- last year in San Francisco: ``For me, every- plant closing threatsÐby American corpora- tional investment in cancer research. One thing fell apart that day. I couldn't face being tions to defeat union organizing drives. reason we have not made great strides in out of work. I started abusing alcohol. I was so The column follows: halting cancer deaths is that cancer is per- depressed. I fought with my fiance and I yelled haps a hundred different diseases. It is just at my children. After 2 years, I have another BREAKING THE LAW, BUSINESS AS USUAL extraordinarily complex to deal with. The job now, but my experience at Sprint changed (By Morton Bahr) National Cancer Institute, the lead Federal everything for me. I will always carry around cancer research body, will continue to focus the fear that I'll suddenly be fired for no rea- As philosophers and pundits ponder the its research efforts on understanding the ge- breakdown of morality, social values and re- netic basis of cancer, improving early detec- son.'' 1 spect for law and order in America, maybe tion techniques, and developing better treat- Mr. Speaker, more than 2 ¤2 years later, the they should look at the example being set by ment methods. National Labor Relations Board [NLRB] finally declared that the LCF closing was an illegal elements of corporate America, such as the CONCLUSION action and ordered Sprint to rehire the workers Sprint Corp. The workers at Spring/La Conexion Famil- The struggle against cancer has been long to comparable jobs with full back pay. Sprint and hard and has produced very few dramatic immediately appealed the decision. It is ex- iar in San Francisco were determined to or- breakthroughs, but the doctors and the sci- pected that it will take between 1 and 2 years ganize a union. Working in what came to be entists are slowly gaining ground. We have for the NLRB to hear the appeal and issue a exposed as an ‘‘electronic sweatshop,’’ these not found the magic bullet capable of eradi- final ruling. Of course, pending the appeal, Spanish-language telemarketing workers were so determined, in fact, to change their cating cancer and may never find it, but none of the former LCF workers will receive what we are seeing is a succession of small conditions that they were unfazed by the back pay or the jobs to which they are en- Sprint’s fierce, and illegal, campaign of incremental improvements that show great titled according to the NLRB ruling. By drag- promise in controlling the spread of cancer, threats and intimidation. reducing the death rate and improving the ging out this case and refusing to take respon- sibility for its actions, Sprint adds another Their support for the union seemingly only quality of life for cancer survivors. As one grew stronger as Sprint’s management team doctor said, ‘‘We’re running a marathon, not chapter in a long and unfortunate tale of stepped up its campaign of illegal coercion. a sprint.’’ abuses against the LCF workers. Finally, Sprint did the only thing it could do Note: The National Cancer Institute pro- It was Sprint's discriminatory treatment of to crush the first incursion by a union in its vides help directly to patients, their fami- the LCF workers, along with sweatshop work- long distance operations. It simply shut the lies, and health care professionals through ing conditions, that first drove the workers to doors at La Conexion Familiar on July 14, its cancer information toll-free telephone try to seek representation. This Hispanic LCF 1994, eight days before the union representa- service at 1–800–4–CANCER. workers were kept in a second-class status at tion election. February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E237 About two-and-a-half years later, this past But they weren’t intimidated, and I later wrong and what he plans to do to change it. December 27th, the National Labor Relations learned why at a public hearing on the La The patient(s) will be listening, wondering if Board ruled that the closing violated federal Conexion affair in 1995 conducted by the he heard their complaints correctly. They law and ordered Sprint to rehire the workers Labor Department. One of the workers, a will also be analyzing the President’s sug- with full back pay. woman from Peru, had testified and was sub- gested treatments. Then, just as the patient Sprint immediately filed an appeal of the sequently asked by a news reporter: ‘‘If you with high blood pressure is not sure if he is ruling to a U.S. Appeals Court. That will knew you could lose your job, why did you willing to quit smoking to get healthy, the keep the case spinning around the legal sys- keep supporting the union?’’ nation will decide if it is willing to make the tem for at least another year and a half, and The young woman replied: ‘‘What does sacrifices necessary to fix its problems. a Sprint spokesman already has predicted a risking a job matter? In my country, work- In short, I would love to be present for this further appeal to the Supreme Court if the ers have risked their lives to have a union.’’ report. The President is renowned for his company loses this round. f speaking ability, so his bedside manner is A remarkable aspect of this case is that unquestionable. But to see the culmination Sprint openly, unashamedly, admitted to CONTEST WINNING ESSAY of the political triage process come together more than 50 illegal violations of the La would be a momentous experience for a stu- Conexion workers’ rights at an earlier trial dent who hopes to one day become a doctor, before an administrative law judge. HON. ROBERT A. WEYGAND too. Knowing that it would receive no more OF RHODE ISLAND Furthermore, as President of my Sopho- than a wrist slap for its union-busting activi- IN THE HOUSE OF REPRESENTATIVES more Class, I have been asked by FOX TV to ties—creating an atmosphere of surveillance participate in an interview on the effect of of union supporters, having managers inter- Wednesday, February 12, 1997 President Clinton’s educational incentive rogate workers one-on-one about the union plans on college students. I can think of no campaign, openly threatening to shut the of- Mr. WEYGAND. Mr. Speaker, I was pleased better way to garnish first-hand information fice if they voted for the union—Sprint’s to have Mr. Matthew Arundale, a student from for this interview than to be in the House of lawyer brigade brushed off these charges and Warwick, RI, who is currently attending Representatives while Clinton outlines his focused only on the issue of Sprint’s motive Marymount University in Virginia join me in at- proposals. for the closing. That was the one issue that tending President Clinton's State of the Union Finally, I know I can never take your could provide a real, costly, remedy for the Address last Tuesday. wife’s place, but, I voted for you!! workers. Matt was the winner of a contest my office And sure enough, a slap on the wrist it was f for the 50 violations. The administrative law held that asked interested Rhode Islanders at- judge’s order amounted almost to a sick tending college in the Washington, DC, area THE PATIENT FREEDOM OF joke: Sprint was required to write a letter to to prepare an essay on why they wanted to at- CHOICE ACT the workers, after their office was closed for tend the State of the Union Address. good, stating that it would not in the future While I received many entries, all of fine violate their rights to organize a union. HON. FORTNEY PETE STARK quality, Matt's was particularly creative. For OF CALIFORNIA Now, finally, a meaningful remedy has that reason, I asked him to watch the Presi- been ordered, but Sprint is determined to see IN THE HOUSE OF REPRESENTATIVES dent's address from the House gallery. that justice is delayed for as long as it takes. Wednesday, February 12, 1997 Perhaps the company hopes that some of the I commend Mr. Arundale's essay to all my workers will be dead, and others scattered to colleagues. Mr. STARK. Mr. Speaker, I am pleased to the winds no longer to be found, by the time I am a sophomore Political Science and Bi- introduce the Patient Freedom of Choice Act its legal appeals have been exhausted. ology double major at Marymount Univer- of 1997. Clearly for Sprint, routinely violating sity in Arlington, Virginia. While many stu- Previously, I have sponsored legislation that labor laws is viewed simply as a smart strat- dents are bitten by the political bug and de- egy to enforce its acknowledged objective of restricts physicians from self-referral because cide to major in political science, few decide this practice leads to overutilization and in- remaining ‘‘union free.’’ And its associated to also pursue a career in medicine. But I legal bills are merely a cost of doing busi- have. creased health care expenses. This legislation ness. While this double-major may seem a bit is designed to rectify a similar problem. This attitude is not unique in the cor- odd, it really is not. I have always loved poli- Today, nonprofit hospitals, forprofit hos- porate world—in fact, it’s becoming the tics and the idea that men can work together pitals, and large health care conglomerates norm today. and effect change for all. But I have also have acquired their own posthospital entities A recent study by researchers at Cornell loved the idea of helping people in a more di- such as home health care agencies, durable University was inspired by the Sprint/La rect way: through medicine. After examining Conexion Familiar case. It was the first medical equipment businesses and skilled the two pursuits, one can see that they are nursing facilities so as to refer discharged pa- study specifically of the impact of the threat not all that dissimilar. of plant and office closings on worker union Take a politician or government official. tients exclusively to their own services. As a drives. They are doctors. Their patient is not one result, many nonhospital based entities have The study found that in fully one-half of person with one illness. Rather, their patient seen inflows of new patients completely halted all organizing campaigns, as well as in 18 is a group of people with a variety of ill- once a hospital acquires an agency in their percent of first contract negotiations, em- nesses (crime, poverty, education, to name a ployers today threaten to close their facili- service area. few). ties. And employers follow through on the The effects of this self-referral trend are The politician’s x-rays are opinion polls threat 12 percent of the time. harmful. Hospitals that refer patients exclu- This represented an increase in shutdown and late-night phone calls from his constitu- sively to their own entities eliminate competi- ents. His nurses are called legislative aides threats from 30 percent, as found in earlier tion in the market and thereby remove incen- studies by the same researchers, to 50 per- and political advisors. Legislation are his prescriptions. tives to improve quality and decrease costs. cent today. Further, hospitals are able to selectively refer The result, Cornell reported, is that work- Every politician, whether they realize it or er organizing success rates are cut from not, has been charged with the duties of a patients that require more profitable services about 60 percent to 40 percent when the em- doctor. While one may get references from to their own entity while sending the less prof- ployer threatens to close the facility. friends before they choose a doctor, the pa- itable cases to the nonhospital based entities. No wonder. What more devastating weapon tients of politics look at debates, news con- The nonhospital entity is forced to either raise could an employer use to kill a union drive ferences, and press releases before they make prices or leave the market. Worst of all, pa- than to declare—‘‘vote for the union and you their choice. A two party system (quickly giving way to third party candidates) en- tients have no voice in deciding which entity lose your job?’’ The answer is, shut the office provides the services. down even before the union election, which sures that people will always have the oppor- is what has made the La Conexion Familiar tunity to get a second opinion before trust- This legislation remedies the problem by affair stand out as a case that’s being closely ing themselves to any one doctor. In the end, leveling the playing field. First, hospitals will watched around the world. they hope their choice was correct. be required to provide those patients being It’s somewhat ironic—and certainly must One such political doctor is President Bill discharged for post-hospital services with a list seem so to Sprint—that the La Conexion Fa- Clinton. Last November, he was charged of all participating providers in the service area miliar workers have emerged as martyrs on with the duties of continuing his role as so that the patient may choose their provider. the workers’ rights battleground. ‘‘Chief Doctor of the Nation.’’ He has read Sprint clearly thought that a group of the public opinion polls, had conferences Second, hospitals must disclose all financial mostly immigrant, mostly female workers with his advisors, and listened to peoples’ interest in post hospital service entities to the who spoke only Spanish could be easily in- grumps and groans. Now, on this Tuesday, he Secretary of Health and Human Services. In timidated and turned away from their union has to report back to the patient. President addition, they must report to the Secretary the campaign. Clinton must tell a concerned nation what is percentage of post hospital referrals that are E238 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 made to their self-owned entities as well as to Although the Heartland consent decree RECONCILIATION other eligible entities. A hospital that fails to may have no formal precedential impact, in Another major theme in his address was comply with the bill's requirements would be practice this decree could have far-reaching, reconciliation. The President urged Ameri- negative impact on patients and on inde- subject to a civil money penalty of $10,000 for cans to bury racial and political divisions pendent providers, including visiting nurse and urged a new spirit of community. The in- each violation. associations, because it would send a clear This legislation does not hinder a hospital's auguration’s coming on Martin Luther King signal that anti-trust and patient choice pro- Jr. Day added strength to the President’s ap- ability to offer its own services. It merely guar- tections are no longer to be taken seriously. peal for racial healing. He spoke of the di- antees that all providers will have an oppor- We urge that you require a more aggres- vide of race as being ‘‘America’s constant tunity to compete in the market. Most impor- sive policy to assure that vulnerable, hos- curse’’. tantly, it guarantees that patients will have pitalized patients truly have access to the He also appealed for an end to the partisan choice when selecting their provider. information they need to make an informed squabbling in Congress, and that sentiment I am drafting a similar bill for introduction choice of their home health provider. was very well received by Americans who are Sincerely, weary of the constant bickering. The Presi- later this year which would require that all pro- STEPHEN W. HOLT. vidersÐnot just hospitalsÐgive freedom of dent quoted the late Cardinal Bernadin say- f ing, ‘‘It is wrong to waste the precious gift of choice to Medicare and Medicaid bene- time on acrimony and division.’’ In perhaps ficiaries. I see no reason why a patient should THE INAUGURAL ADDRESS the most memorable line in the address, he be held captive to a provider's preference for reminded us that ‘‘America demands and de- referralÐit should be the patient's choice. For HON. LEE H. HAMILTON serves big things from us, and nothing big example, home health agencies who refer cli- ever came from being small’’. OF INDIANA ents to nursing homes should provide the ben- The President believes that if the country IN THE HOUSE OF REPRESENTATIVES eficiary with a complete list of all Medicare- can come together and put the divisions Medicaid certified nursing homes in the area Wednesday, February 12, 1997 aside, it can work together toward unparal- leled prosperity and freedom for ourselves in which the patient resides. This requirement Mr. HAMILTON. Mr. Speaker, I am inserting and for the rest of the world. The President’s would ensure that all Medicare and Medicaid my Washington Report for Wednesday, Janu- theme of reconciliation is the right one, but beneficiaries are given a choice of provider re- ary 29, 1997 into the CONGRESSIONAL RECORD. I do wish he had done more to challenge gardless of referral source. PRESIDENT CLINTON’S INAUGURAL ADDRESS Americans to care more and do more for those less fortunate. We have a time of re- Additionally, I will add to the next bill a third The inauguration of a President is one of markable prosperity in the country, but party cause of action which would allow these the great rituals of American democracy. It there are very wide disparities. I think it is providers to bring suit against hospitals for fail- shows our country’s peaceful transition of appropriate for the President to urge that ing to adhere to the proper discharge planning power every four years, and it is a time for more of us think about the common good our nation to unite after the divisions of the process. and contribute to it. Attached is a letter that typifies the current previous term. A President’s inaugural ad- ROLE OF GOVERNMENT problem in the home health services market. dress is important because it sets the tone of VISITING NURSE ASSOCIATION his administration. Several themes stood out Another theme was the role of govern- OF GREATER PHILADELPHIA, to me as President Clinton took the oath of ment. I was struck by the sentence in his ad- December 1, 1995. office in the last presidential inauguration of dress that ‘‘we have resolved for our time a Re United States v. Heartland Health Systems the 20th century. great debate over the role of government’’. Inc. Civil Action No. 95–6171–CV–SJ–6. OPTIMISM Since the beginning of our republic, the great question of American democracy has Ms. GAIL KURSH, One theme was optimism about the future. been over the role of government in the Chief, Professions & Intellectual Property Sec- The President said that the nation stands country. The President updated former tion/Health Care Task Force Antitrust Divi- ‘‘on the edge of a bright new prospect in President Ronald Reagan’s declaration six- sion, U.S. Department of Justice, Washing- human affairs’’. He has hopeful visions of a teen years ago that ‘‘government is not the ton, DC. ‘‘new century in a new millennium’’, and solution to our problem, government is the DEAR MS. KURSH: I am writing to urge that said we should ‘‘shape the hope of this day problem’’. President Clinton challenged that the Justice Department not consent to the into the noblest chapter in our history’’. It is by saying, ‘‘Today we can declare govern- proposed final judgment in the above-ref- clear that he sees his presidency as an oppor- ment is not the problem, and government is erenced case, because the ‘‘Referral Policy’’ tunity to guide America through the chal- not the solution. We, the American people, regarding provision of home health care does lenges of the next few years into a ‘‘land of we are the solution.’’ Here he reflected the not adequately protect patient choice and new promise’’ in the next century. view that most politicians have picked up re- fair competition. Moving into the ‘‘land of new promise’’ was cently from their constituents, that govern- The VNA of Greater Philadelphia is the highlighted several times, almost as his ment is something more than the enemy of largest home health agency in Pennsylvania. central, unifying theme for his second term. the people. We are a non-profit, community-based agen- I have been impressed by how much the The President’s view of government is that cy which has served communities in south- President’s attention is in the year 2000 and it should not attempt to solve people’s prob- eastern Pennsylvania, including the City of the new century. President Clinton is very lems for them nor should it leave them alone Philadelphia, for 110 years. We provide home much focussed on the history books. He sees to fend for themselves. He wants a govern- health services to approximately 2,000 pa- the country as being at a turning point, and ment that gives people the tools to solve tients a day, many of whom are Medicare he remembers that the great turn-of-the-cen- their own problems and to make the most of and/or Medicaid patients referred for care di- tury Presidents—Thomas Jefferson and their own lives. Like most Americans, he rectly following an episode of hospitaliza- Theodore Roosevelt—governed a country un- likes the idea of a government that is small- tion. dergoing profound changes and created op- er, lives within its means, and tries to do Patient choice and fair competition are portunities that altered the course of his- more with less. protected by both Medicare and Medicaid tory. I wonder whether the President is overly law and by antitrust provisions. The pro- He wants to do the same. He wants to lead optimistic in believing that his first term posed Heartland referral policy undermines the country through the transition into the largely settled the debate over the role of these protections. Heartland would have no next century, all the time keeping the Amer- government. My sense is that this is the obligation to provide reasonable information ican dream of opportunity alive. He called central issue of American politics and it is about other home health providers in the for a new spirit for a new century, with not going to go away. His formulation of the community for patients who have expressed Americans working together to build ‘‘a na- role of government in his address was broad no provider preference. Telling a hospitalized tion ever moving forward, toward realizing enough and vague enough to get most every- patient that there are other providers listed the full potential of all its citizens.’’ He one’s approval, but it may be too broad and in the telephone book and then giving the clearly believes America has a lot of assets vague to resolve a variety of questions about patient ‘‘time to investigate’’, all in the con- for its leadership role for the rest of the the role of government. text of the Heartland representative extol- world. He referred to America as the ‘‘indis- ling the virtues of its home health service, pensable nation’’, with the strongest econ- CONCLUSION clearly encourages steering patients to the omy on earth and building stronger families I think President Clinton worked very hospital-owned agency. Further, a policy of and thriving communities. hard to state the essence of his convictions stonewalling patient’s requests for informa- The President’s clear sense of optimism and his purpose as President. His desire to tion about other providers, places the dis- dominated the address, and it was important lead the country in its transition into the charge planning staff in the position of deny- to hear. But I think the President missed an new century and the ‘‘land of new promise’’ ing knowledge that they actually have about opportunity to educate the American people was clear to all who heard his address. alternate providers. This clearly undermines about the tough choices that must be made Perhaps some were looking for sweeping continuity of care for patients. preparing for the future. policy initiatives or bold new programs, but February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E239 the President really has little choice at this for the last 6 years. He also chaired the Hurri- TRIBUTE TO CONGRESSMAN point. There is a shortage of federal funds; cane Trust Fund and the Red Cross Commit- FRANK TEJEDA the American people do not want new taxes; tee. Dr. Stinson is a member of the board of and the major problems of government in re- SPEECH OF cent years have been to restrain spending on directors of jobs for Miami, and a committee current programs. Some criticize the address member and council advisory board member HON. JOSE´ E. SERRANO for not grappling with the tough problems of the Boy Scouts of America. His exceptional, OF NEW YORK that face the nation, like campaign finance notable service, and commitment to Dade IN THE HOUSE OF REPRESENTATIVES reform, bringing entitlement spending under County has included dozens of positions in control, and improving the educational sys- numerous organizations, earning more awards Wednesday, February 5, 1997 tem. The President offered very few specif- than I can list here. Mr. SERRANO. Mr. Speaker, it is always ics, but I am not at all sure that such de- Dr. Solomon Stinson has proven to be a difficult to say goodbye to dear friends, to tailed proposals belong in an inaugural ad- ``Living Legend,'' and an excellent role model dress. Those items are better left for the those who have given so much and so unself- State of the Union address and other presi- for our children. Mr. Speaker, on behalf of my ishly to their communities and to our Nation. dential speeches. The President wanted to entire community and as a former educator Our colleague Frank Tejeda was one of use his second inaugural address to spell out myself, I offer him my deepest thanks for his those men who are born to carry the torch for his broad vision for our nation’s future. many years of dedicated service, and our best others to follow. His life is a testimony of cour- f wishes for his continued success. age, service, generosity, and integrity. f Throughout his life he stood up against ad- HONORING DR. SOLOMON STINSON versity. After dropping out of high school, he FOR 36 YEARS OF OUTSTANDING GEORGE FELDENKREIS AND enlisted in the Marines. His exceptional mili- AND CONTINUED SERVICE TO FAMILY TO BE HONORED tary training and courage served him well in DADE COUNTY PUBLIC SCHOOLS Vietnam; he was awarded with the Bronze HON. ILEANA ROS-LEHTINEN Star and Purple Heart, and most recently the HON. CARRIE P. MEEK OF FLORIDA Silver Star. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES After 4 years of military service, Frank com- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 12, 1997 pleted a bachelor's degree at St. Mary's Uni- Wednesday, February 12, 1997 versity in San Antonio. He continued his edu- Ms. ROS-LEHTINEN. Mr. Speaker, I would cation at the University of California at Berke- Mrs. MEEK of Florida. Mr. Speaker, on Feb- like to join with The Simon Weisenthal Center ley, where he obtained a law degree. His de- ruary 26, Van E. Blanton Elementary School in recognizing the achievements of Mr. sire to improve himself and to be of service to will honor Dr. Solomon Stinson, Chairman of George Feldenkreis and his family. the best of his abilities encouraged him to ob- the Dade County School Board, as a ``Living On Sunday, March 16, 1997, the Simon tain two masters degrees, one in public ad- Legend.'' It is my great pleasure to join Dr. Weisenthal Center will be celebrating this fam- ministration from Harvard University and a Stinson's family, friends, coworkers, and stu- ily's remarkable story. Thirty-six years ago, second one in law from Yale University. dents in recognizing his 36 years of outstand- George Feldenkreis escaped the Castro dicta- As a lawyer serving in the Texas House and ing and continued service to our community. I torship to come to the United States. With him later in its Senate, he defended the rights of know my colleagues will join me in congratu- were his one-year-old son, Oscar, and a the most vulnerable. He fought for worker's lating Dr. Stinson for his dedication as an edu- daughter, Fanny, on the way. compensation reform and for other initiatives cator, a role model, and a mentor who helped Like the thousands of refugees from oppres- for minorities. shape thousands of children in my district. sion who came before them, all the His hard work and his understanding of his Dr. Stinson earned a Bachelor's degree in Feldenkreis family members brought with them community in San Antonio, TX, gained him social studies, mathematics, and science cer- was a capacity for hard work and the desire their overwhelming support to represent them tification from Alabama State University, a to realize the American dream. Years of strug- in the U.S. House of Representatives. As a master's degree in school administration and gle were rewarded by success in the business Member of Congress and of the Congres- supervision from the University of Iowa, and a world and the respect of his peers. George sional Hispanic Caucus, Frank works relent- doctoral degree in school administration from Feldenkreis, as head of Supreme Inter- lessly to secure veterans' rights and access to the University of Iowa. He also received a cer- national, is a leader in the American apparel education and health care for the poor. tification in elementary education from the Uni- industry. Additionally, he heads Carfel Inc., Frank always stayed close to the people he versity of Miami and a certification in adult which deals with the importation and distribu- loved: his family, friends, and his community education from Florida State University. tion of auto parts. back home. In his later years, he fought his Dr. Stinson began his career by teaching at George Feldenkreis chose to give back to terminal illness with the same courage and Holmes Elementary School. He quickly ad- his community by lending his considerable tal- dignity that exemplified his life. vanced to become the assistant principal at ent and energy to civic causes. He served as To Frank Tejeda's family and friends, I Rainbow Park and North Grade Elementary a leader for Temple Menorah and the Hispanic would like to extend my deepest sympathy in Schools, and later principal at North Grade Heritage Committee, as well as president of this trying time. I would like to join all who had and Lake Steven Elementary Schools. Dr. the Cuban Hebrew Division of the Greater the privilege of knowing him in paying tribute Stinson distinguished himself as an outstand- Miami Jewish Federation for 7 years. He cur- to our American hero, Frank Tejeda, for serv- ing administrator in the position of assistant rently serves as a vice president of the federa- ing his community, his State, and his Nation superintendent of the Bureau of Business tion. with the courage, generosity, and dignity of Services with the Dade County school system. In addition to giving their father six grand- great men of history. He served in several other important positions children, both of George Feldenkreis's two f in the Dade County public school system, in- children, together with their spouses, contrib- cluding area superintendent of the north ute to the success of the family enterprises. WYOMING GRAZING PRIVILEGES central district; associate superintendent and Oscar serves as president and CEO and later senior associate superintendent of the Fanny and her husband, Salomon Hanono, HON. BARBARA CUBIN bureau of school operations; and deputy su- also serve in prominent positions in the firm. OF WYOMING perintendent of school operations for Dade Oscar and his wife, Ellen, together with Fanny IN THE HOUSE OF REPRESENTATIVES County public schools. Today, Dr. Stinson and her husband also carry forward the family continues his outstanding record as a school tradition of service. Fanny and Salomon give Wednesday, February 12, 1997 board member for District 2 and Dade County their time to the Michael Ann Russell Jewish Mrs. CUBIN. Mr. Speaker, Jackson Hole, school board chairman. We are fortunate that Community Center and the Samuel Hillel WY, is one of the most beautiful and unique Dr. Stinson devoted his life to ensuring quality Community Day School. Oscar and Ellen work areas of our Nation. Over 3 million visitors per education for all our children. on behalf of Temple Menorah, the Lehrman year come to hike, camp, ski, and sightsee In addition to his many years as an educa- Day School and Israel Bonds. amidst the grandeur of the Teton Range and tor, Dr. Stinson has been extremely active in Mr. Speaker I ask the House to join with me the winding Snake River in Grand Teton Na- other areas of our community. He is a mem- and The Simon Weisenthal Center in rec- tional Park and the greater Yellowstone area ber of Mount Tabor Baptist Church, where he ognizing a family whose achievements have beyond. Many wildlife species such as moose, serves as chairman of the board of trustees realized the American dream. bear, eagles, and trumpeter swan make the E240 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 valley their home, while the largest elk herd in bers of the public, to submit a report to Con- programs may contain sophisticated themes, the lower 48 States annually migrates through gress that contains the findings of the study. sexual content, strong language and more in- it to winter on the wildlife refuge at its south- With the participation of the interested par- tense violence, like ‘‘ER’’ or ‘‘NYPD Blue.’’ TV–M: These programs are suited for adult ern end. ties I am hopeful that the study will find open audiences only, due to mature themes, pro- While much of the valley is protected for spaces to be an essential dynamic for wildlife fane language, graphic violence and explicit perpetuity in Federal ownership, some of the in and around the greater Grand Teton Na- sexual content. Unedited R-rated movies, most valuable wildlife habitat, migration routes, tional Park system and for all of us who live which run on some cable premium channels, and scenic vistas remain in private ownership and desire the wide open spaces. would likely get this rating. as working ranch lands. Conservation groups I commend this legislation to my colleagues The ratings apply to all programs except in Jackson Hole and around the country have and urge their support for its prompt enact- sports and news, shown on broadcast or cable worked for years to help protect these ranches channels. Each episode of a TV series is ment. rated separately. Ratings appear in the from development through the use of scenic f upper-left hand corner of the television easements and other means and are to be screen at the beginning of a program is more commended for their good work. TV RATINGS than an hour in length. The television indus- Unfortunately, we now face a situation try has requested that newspapers and TV where some of the most scenic and valuable HON. LEE H. HAMILTON Guide include the ratings in their TV list- ings. ranch lands adjacent to the park could be OF INDIANA forced to sell and subdivide. In 1950, the law One of the greatest challenges in imple- IN THE HOUSE OF REPRESENTATIVES menting the new ratings is the volume of establishing Grand Teton National Park al- Wednesday, February 12, 1997 programming. Motion pictures are rated by lowed local grazing permittees whose livestock an independent board which reviews about had historically used the new park lands for Mr. HAMILTON. Mr. Speaker, I am inserting two films per day. In contrast, TV ratings summer range to continue that grazing for the my Washington Report for Wednesday, Janu- must be assigned to 2,000 hours of program- life of the permittees' designated heirs. As a ary 22, 1997 into the CONGRESSIONAL RECORD. ming each day. For this reason, television result, 14,000 acres were set aside, irrigated, THE NEW TV RATINGS networks, producers, and distributors are re- sponsible for assigning ratings to their pro- and fenced for the benefit of these permit The television industry is now implement- grams. An oversight board will review the holders who, in turn, paid grazing fees at the ing a voluntary plan to rate TV programs. application of the ratings for uniformity and Concern about violent and vulgar program- required rate. consistency. The board will also solicit com- ming is broad and well-founded: studies have Since that time, development pressures ments from the public. have grown enormously. One of these permit indicated that over half of all television Potential pitfalls: The new rating system holders has already sold his ranch, which be- shows contain violence which can encourage has been criticized on several fronts. Some came a major subdivision of middle-class children to behave violently. fear that advertisers will be leery of sponsor- But there is far less agreement on how to houses. Meanwhile real estate prices continue ing programs that receive certain ratings, best limit children’s exposure to violent pro- thereby driving some critically acclaimed to skyrocket and intense development pres- gramming. I think it is important to alert sure has focused on the remaining permit programs off of the air. Others argue that parents to sensitive material that they may the rating system will lead producers to holders. not want their children to view. My hope is show even less restraint than they do now. In June of last year, a dear friend of mine, that a good rating system coupled with tech- Some critics favor a more detailed rating Mary Mead, died in a tragic accident doing nological advances will help parents monitor which would indicate the levels of sex, vio- what she loved best: working on her cherished their children’s television viewing. lence, or foul language contained in a pro- ranch. Mary was the designated heir to her The rating system: With my support, Con- gram, using a scale of 0 through 5. Under this family's grazing permit on the Grand Teton gress last year enacted a law which gave system, a program might receive a rating of broadcasters until February 8, 1997 to estab- S–2, V–1, L–3. Supporters of this system con- National Park. Legally, with Mary's death, the lish a voluntary rating system. The law also grazing permit would be terminated. However, tend that it would give parents more useful requires all newly manufactured TVs with information, and offer as examples without this permit the Mead family, along with 13-inch or larger screens to include a ‘‘v- Showtime and HBO, two premium pay cable former U.S. Senator Cliff HansenÐfather of chip.’’ A TV program’s rating could then be channels which offer similar ratings. How- MaryÐwould no longer be able to maintain electronically transmitted to the v-chip, al- ever, supporters of the current rating system their cattle operation and ranch. Without the lowing parents to program their television counter that the S–V–L system is park's summer range on which all of their cat- sets to block certain shows. The Federal logistically impossible, given the volume of tle depend, the family would almost certainly Communications Commission (FCC) must de- programming, and also more difficult to velop regulations to implement the v-chip apply consistently. They also argue that par- be forced to sell their livestock and the ranch, requirement. which would in all likelihood be immediately alleling the familiar movie-rating system The TV rating system, developed by the assures that parents will understand the rat- subdivided and developed. This tragic loss broadcast and cable networks, is modeled on ings, and note that Canada recently aban- would not only destroy open space and scenic the motion picture rating system, and in- doned S–V–L ratings because they were too vistas but could also adversely impact wildlife cludes six different ratings: two for programs complex. habitat and migration patterns as well as the designed for children, and four for other pro- Commercials will not be covered by the integrity of the park's greater ecosystem. grams: new ratings system, though critics point out For these reasons, the family has requested TV–Y: Programs with this rating are con- that even children watching ‘‘family friend- consideration of an extension of their grazing sidered suitable for children of all ages and ly’’ shows can be inappropriately exposed to specifically designed for a very young audi- privilege. In return, they are committed to advertisements for violent movies or alco- ence, like ‘‘Barney and Friends.’’ hol. Some critics also believe the TV indus- working with the National Park Service and TV–Y7: Designed for children age 7 and try is incapable of rating its own programs others to actively explore options to preserve above, whose developmental skills generally fairly. their ranch lands. I, too, am dedicated to enable them to distinguish between make- Assessment: Given the pervasive influence maintaining the highly valuable open space believe and reality, these programs could in- of television, I think we should do what we and ranching culture in this vicinity of the park. clude mild physical or comedic violence. An can to make that influence positive for chil- An extension of grazing privileges would allow example could be ‘‘Mighty Morphin’ Power dren. The proposed system is far from per- time to explore a network of relationships and Rangers.’’ fect. My guess is that parents are going to TV–G: This rating is intended for programs avoid the indiscriminate development that need more information; the age-based format not specifically designed for children, but of the ratings simply will not alert parents could occur on these pastoral lands. which most parents would find suitable for sufficiently to the specific violent or sexual The legislation I am introducing today, writ- all ages. Programs contain little or no vio- content of TV programs. But I do think the ten in cooperation with Superintendent Jack lence, no strong language, and little or no new rating system represents at least a good Neckles of Grand Teton National Park, author- sexual dialogue or situations. Example: ‘‘Dr. first step, and it should be tested. It is far izes a study which will determine the signifi- Quinn, Medicine Woman.’’ more desirable for the industry to devise the cance of ranching and the pastoral character TV–PG: Parental guidance is suggested for rating system than have government censor- of the land, including open vistas, wildlife habi- programs with this rating. The programs ship. could contain some suggestive sexual dia- Monitoring children’s television viewing is tat, and other public benefits. It calls for the logue and situations. Many situation com- no small task. After all, most parents want Secretary of the Interior to work with the Sec- edies might fit into this category. not only to steer their kids away from harm- retary of Agriculture, the Governor of Wyo- TV–14: Parents are strongly cautioned ful programming—which ratings can help ming, the Tenon County commissioners, af- against letting children under the age of 14 them do—but towards programming that is fected land owners, and other interested mem- watch these programs unattended. These educational and meaningful. And television February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E241 represents only one piece of the puzzle—par- health centers that are in the front lines of jury treatment costs. It is estimated that for ents still have to contend with music, video dealing with our national health care crisis. every 1 of the 40,000 patients who die from a games, Internet sites, and movies which may This legislation allows for the expansion of gunshot wound annually, 3 others suffer inju- be inappropriate for kids. community health services and the capital I think our goal should be to make avail- ries serious enough to require hospitalization. able whatever information and technology is needs of safety-net health care facilities while Serving as a safety-net hospital and com- helpful to parents. Neither a rating system at the same time attempting to limit the further munity provider places public hospitals at nor government regulations can—or should— duplication of unnecessary high technology great financial risk. With threatened cutbacks substitute for the good judgment of parents. services. and changes in the Medicare and Medicaid f This bill is similar to legislation that was in- programs, coupled with tightened local budg- troduced in the 103rd and 104th Congresses ets, public hospitals face an erosion of tradi- TRIBUTE TO HAROLD G. HALL and which was included in the national health tional sources of funding. Additionally, reform legislation that was approved by the changes in the health care market, particularly HON. WILLIAM J. COYNE Ways and Means Committee. It is my hope the evolution of managed care and increased OF PENNSYLVANIA that this new Congress will work toward pas- competition among providers, have further added to the financial pressures faced by IN THE HOUSE OF REPRESENTATIVES sage of this bill. At a time when we are faced with contin- these hospitals. Managed care's ability to at- Wednesday, February 12, 1997 ually shrinking budgets and fiscal austerity, it tract tougher competition to the health care Mr. COYNE. Mr. Speaker, on Wednesday, is more important than ever to appropriate sector has decreased the urban safety-net February 19, 1997, Harold G. Hall will receive Federal moneys in the most cost-effective hospital's ability to cost-shift some of the the prestigious Metcalf Award at the 113th An- manner available while providing the most heavy losses incurred while providing uncom- nual Banquet of the Engineers' Society of benefit to all our citizens. In terms of health pensated care. As a result, according to a Western Pennsylvania. The award is named care, this includes establishing and expanding June 1996, Prospective Payment Assessment for William Metcalf, ESWP's first president community health programs designed to pro- Commission [ProPAC] report, hospitals in (1880±81) and is presented each year to an vide low-cost primary care to underserved urban areas with high managed care penetra- individual who has made significant lifetime populations to avoid subsequent high-cost tion saw their payment-to-cost ratio decrease contributions in the field of engineering. emergency room visits. In addition, we must by 2 percent from 1992 to 1994. Declining Harold G. Hall was born and raised in Pitts- help to support those not-for-profit and public margins have resulted in many urban hospitals burgh, PA. He entered Penn State University hospitals that deal with a disproportionate cutting their level of charity care. In fact, to pursue a degree in ceramic engineering, number of uninsured patients. In one com- ProPAC found that uncompensated care fell but left college to enter the U.S. Army Air parative analysis, urban public hospitals aver- by 4.5 percent during the same time period. Force where he became a pilot in the Alaskan aged over 19,000 admissions, 242,000 out- This represents clear evidence that more and theater. After 3 years in the service, he re- patient visits, and nearly 4,000 live births per more of the burden for providing charity care turned to Pittsburgh and earned his degree as hospital. The urban private hospitals in the is being shifted to the public safety-net hos- a mechanical engineer at Carnegie Tech (now same areas registered just 7,000 admissions, pitals. As safety-net providers, public hospitals Carnegie-Mellon University). 50,000 outpatient visits, and 760 live births. have historically provided large amounts of un- Mr. Hall founded Hall Industries in the These safety-net facilitiesÐthe public and not- compensated care. In 1995, for instance, 67 of 1960's. His interest in manufacturing led him for-profit hospitals that serve a disproportion- the member hospitals of the National Associa- ate share of uninsured and low-income pa- to help other small manufacturers who were tion of Public Hospitals [NAPH] provided $5.7 devastated by the crash of the steel industry tientsÐare in essence the family doctor for billion in bad debt and charity care, averaging in Pittsburgh, and Hall Industries became a many in our country. Though it would be far $85,060,641 per hospital. Additionally, bad collaboration of 11 small companies which had better to incorporate the uninsured into our na- debt and charity care charges represented 25 been struggling to stay in business. tional insurance pools and give them access percent of gross charges at these hospitals in Today, Hall Industries has three facilities in to any health care facility they choose to visit, the same year. According to data from the western Pennsylvania and one in Greenville, the stark reality is that they are dependent American Hospital Association [AHA], $28.1 SC. Its 120 employees serve national markets upon these safety-net hospitals for any and all billion in bad debt and charity care was pro- in the aviation and rapid transit industries, and of their health care. vided nationwide. The NAPH member hos- they also produce precision industrial parts. But the importance and benefits associated pitals represent less than 2 percent of hos- Hall Industries has also been coordinating en- with public hospitals do not end there. In addi- pitals in the U.S., yet provide over 20 percent gineering studies by Lockheed Martin, the tion to caring for our Nation's most vulnerable of bad debt and charity care nationally. Pennsylvania Maglev Corp., Sargent Electric, populations, these hospitals provide a great During the last 15 years, public hospitals Union Switch and Signal, P.J. Dick Corp., and deal of specialty care to their communities. have been shouldering a greater portion of the Mackin Engineering that are part of an initia- Services such as trauma, burn units, and uncompensated care burden. Additionally, pri- tive to develop a magnetic levitation transpor- neonatal intensive care units are frequently vate hospitals have begun competing for Med- tation system in Pittsburgh. found in these hospitals. Many of these serv- icaid patients which further erodes support for Mr. Hall continues to contribute his expertise ices are too costly for other hospitals to pro- the public providers. Public hospitals rely to Hall Industries and to other companies. His vide. heavily on payments from Medicare and Med- next project is the evaluation of a machine fa- These hospitals are expected to provide icaid patients to cross-subsidize care for the cility in Beijing, China. quality care under extraordinary cir- indigent. As dollars from these programs move Harold G. Hall joins a large, distinguished cumstances. As an example, they are fre- from the public to the private hospitals, the group of previous Metcalf Award winners. He quently confronted with tragedies associated ability to function as a safety-net provider is is an individual of gifted insight, imagination, with our Nation's obsession with guns. Rough- severely tested. and special abilities. He is richly deserving of ly half of all urban safety-net hospitals are OUTLINE OF THE ESSENTIAL HEALTH FACILITIES this award. I commend him on the occasion of equipped with a trauma center and serve as INVESTMENT ACT OF 1997 this notable achievement. the first-line treatment facilities for victims of In title I of this legislation, Medicare's Es- f gun violence. The Federal Centers for Disease sential Access Community Hospital Program Control and Prevention predict that, by the [EACH] would be expanded to all States and ESSENTIAL HEALTH FACILITIES year 2003, gunfire will have surpassed auto a new urban Essential Community Provider INVESTMENT ACT OF 1997 accidents as the leading cause of injury and Program [ECP] would be created. Funding death in the United States. Unlike victims of would be provided for the creation of hospital HON. FORTNEY PETE STARK auto accidents who are almost always pri- and community health clinic networks that im- OF CALIFORNIA vately insured, 4 out of 5 gunshot victims are prove the organization, delivery, and access to IN THE HOUSE OF REPRESENTATIVES on public assistance. More than 60 urban trau- preventive, primary, and acute care services ma centers have already closed in the past 10 for underserved populations. Wednesday, February 12, 1997 years. This means that less than one-quarter In title II, financial assistance for capital Mr. STARK. Mr. Speaker, today I am intro- of the Nation's population resides near a trau- needs would be provided by the Secretary of ducing the Essential Health Facilities Invest- ma center. Gunshot wounds account for fewer HHS to safety-net facilities which serve a dis- ment Act of 1997. This legislation will provide than 1 percent of injuries in hospitals nation- proportionate share of uninsured and low-in- a financial helping hand to those hospitals and wide, yet account for roughly 9 percent of in- come patients. Funds for this legislation would E242 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 be provided by a one-half percent on hospital no longer available. Many of these facilities an increase in the quality of care rendered will gross receipts tax. were originally built with grants or loans under be funded. In other words, requests for frivo- In title III, financial and technical assistance the Hill-Burton Program. These funds have not lous, redundant facilities will be denied fund- would be provided to States engaged in re- been available for years. The lack of Federal ing. view of capital expenditures for health care fa- dollars available to repair and rebuild these fa- One area of oversupply is hospital beds. Ac- cilities and high technology equipment. Con- cilities, combined with the strain on the re- cording to the ``Dartmouth Atlas of Health sideration of alternative, less costly, and exist- sources of local governments, means that the Care,'' published by the Dartmouth Medical ing services would be considered before any capital needs of safety-net facilities have gone School in 1996, there were more than 827,000 funds would be distributed. unmet. acute care hospital beds in the United States REBUILDING THE URBAN SAFETY NET This legislation does not propose that the in 1993. The average number of beds per Even though these essential access facili- Federal Government take on a massive re- thousand residents was 3.3. Following adjust- ties fulfill a pivotal role in our Nation's health building program like the Hill-Burton Program. ments for demographic differences, the num- care system, their infrastructure suffers from Nor does it propose that the Federal Govern- ber of hospital beds per thousand persons gross neglect and under-investment. The ment take sole responsibility to solve this varied by a factor of 2.8 across the Nation. buildings and systems that comprise the safe- problem. However, this legislation is designed The range was from fewer than 2 beds per ty net are often antiquated. Without future re- to support State and local efforts to upgrade thousand residents to more than 5 beds per investment, the inequities in this system will the capacity of these facilities. In drafting this resident. Some of the hospitals with this ex- continue to grow, causing even more of Amer- bill, we recognized that the Federal Govern- cess capacity could be closed, or at the very ica's underprivileged population to be medi- ment has limited resources it can tap for this least, denied additional public capital improve- cally abandoned. purpose. Therefore, funding for this program ment funds. Still, we must also make every ef- The average age of the physical plant of would be achieved through a 0.5 percentÐ fort to ensure that every geographic and com- urban, public hospitals is nearly 27 years, one-half of 1 percentÐtax which would be lev- munity area receives adequate hospital serv- compared to a national average for all hos- ied against the gross revenues of all hospitals. ices. In order to avoid exacerbating the current pitals of 7 years. The average capital expendi- Hospital revenues received from Medicaid oversupply of hospital beds, we must establish ture for urban hospitals is $12,800 per bed would be exempt from the tax. and satisfy safeguards and criteria for the allo- compared to a national average expenditure Revenue from this relatively modest trust cation of Capital Financing Trust Fund, EACH, for all hospitals of $23,700. fund would be used by those inner-city and and ECP funds. A national survey of the Nation's safety-net rural facilities across America with the greatest Redundancies and inefficiencies with hos- hospitals found that lack of available hospital need for assistance. Eligible facilities would in- pital facilities and services are well known. A beds is resulting in severe overcrowding. Hos- clude those designated as essential access pital corridors surrounding emergency rooms study in the Annals of Internal Medicine community hospitals, rural primary care hos- showed that even though America had 10,000 have begun to resemble triage units seen at pitals, large urban hospitals, and qualified the height of military campaigns. A recent mammography machines at the time of the re- health clinics that are members of community port, we essentially used only 2,600 of them. study showed that approximately 50 percent of health networks. the hospitals in the three most severely im- This same study asserts that even if every Assistance from the capital financing trust woman in America had a mammography every pacted areas, Los Angeles, Detroit, and New fund would be provided in the form of loan York were forced to restrict emergency depart- time the American Cancer Association sug- guarantees, interest rate subsidies, direct gested it was appropriate, we would use only ment access over 25 percent of the time. This matching loans, and in the case of urgent life is occurring despite the fact that occupancy 5,000 of the 10,000 functioning mammography and safety needs, direct grants. The Federal machines. rates of all hospitals have steadily declined assistance would be used to leverage State In addition to a vast waste of valuable re- during the last decade and are now barely and local government and private sector fi- sources, this excess capacity can be consid- above 60 percent. The average occupancy nancing. Repayment would be made back to ered detrimental to the health of patients. Ap- rate for safety-net hospitals is roughly 82 per- the trust fund. plying the guidelines endorsed by the Amer- cent, with some reporting 100 percent occu- For fiscal years through 2002, $995 million ican Hospital Association and the American pancy, while private urban hospitals averaged will be made available each year through the College of Cardiologists, 35 percent of the just 67 percent. At any given time, approxi- capital financing trust fund for these safety-net open-heart surgery centers in California per- mately one-third of America's 924,000 hospital facilities. form less than the minimum number of proce- beds are empty. Our national priorities have With relatively limited resources available to created an excess of beds in areas where dures required to achieve an acceptable level meet the significant health facility infrastruc- of competency and quality. We should not re- need doesn't exist. Likewise, a severe short- ture needs across the Nation, decisions to fi- age has been created in areas where demand ward those hospitals that insist upon maintain- nance the reconstruction, replacement, or ac- ing high cost, redundant, tertiary care services is overwhelming. This bill attempts to address quisition of facilities and equipment must be and alleviate some of the pressure built up that fail to maintain a minimum level of quality. made only after first considering whether exist- Admittedly, the availability of reliable outcome within the safety-net system. ing service capacities could be tapped to meet Historically, health care institutions have studies covering high technology procedures the needs of the underserved more effectively. found it difficult to secure sufficient financing is limited, but there exists reputable data con- The next section of this bill is designed to en- for capital renovation and expansion products. cerning hip replacement surgery and coronary sure that the capital expenditure decisions The financing exists within the market, yet the artery bypass surgery [CABS] success factors. supported by this legislation are considered level of debt service required is often too bur- The October 25, 1995 issue of the Journal of within the context of the entire community's densome for public institutions to manage. the American Medical Association cites a needs and capacities. Even when revenue bonds are supported by study titled ``Regionalization of Cardiac Sur- local means, the bond ratings are frequently MAXIMIZING CAPITAL RESOURCES gery in the United States and Canada'' which too low and interest rates too high. After all, Many communities, especially those in rural shows that: and inner-city areas, lack the facilities and these safety-net hospitals treat a high propor- In California, age and sex-adjusted mortal- tion of low-income patients which results in equipment necessary to adequately meet the ity rates in hospitals performing 500 or more lower operating margins. These ratings have needs of their residents at the same time that CABS operations per year were 49% lower little to do with the ability of hospital adminis- other hospitals are experiencing a capital than in hospitals performing fewer than 100 trators to manage their facilities. Rather, mar- oversupply. This oversupply leads to inflation- CABS operations * * * ket analysts often consider the local appropria- ary price pressure. The Essential Health Fa- Hip replacement surgery data and this cor- tions sustaining these facilities to be too un- cilities Investment Act of 1997 will expand onary artery bypass surgery study effec- certain. Thus, the facility is simply prohibited medical services to those in need only if the tively demonstrate a direct correlation be- from securing necessary capital. planning authorities feel that the current local tween the volume of procedures performed For facilities facing the greatest demand in medical facilities are unable to meet the needs and the resulting success rates. our inner-city and rural areas, the traditional of the community. In addition, this bill specifi- I propose that in order to be considered for method of financing through Federal funding is cally states that only projects that will lead to Medicare reimbursement, a coronary artery February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E243 bypass surgery hospital must meet the mini- or no health insurance coverageÐexactly In addition, the center encourages students mum criteria for quality outlined by the Sec- those populations served by essential commu- to participate in community service. Every year retary in the Medicare Centers of Excellence nity providers. Networks of essential commu- students partake in antigraffiti campaigns and for CABS operations. Expanding on this idea, nity provider hospitals and clinics will help in beautifying buildings in our community. I suggest that any hospital wishing to improve steer patients to more appropriate clinical set- They also host meetings of Community Board a tertiary care service using resources in ex- tings and, as a result, maximize the resources No. 5 and the 46th Precinct Council, which cess of $1 million from the Capital Financing available in both emergency and non- students are encouraged to attend and partici- Trust Fund must not only demonstrate that emergency settings. pate in. they are indeed a safety-net health care pro- The concept of inner-city provider networks The South Bronx Jobs Corps Center fosters vider, but also meet standards of quality for designed to ease access and improve continu- a family-oriented environment to help young- that particular service outlined by the Sec- ity of care is not new. Initiatives are currently sters overcome their challenges. It houses 200 retary. As additional reliable outcome studies being pursued in urban areas across this youngsters and provides day care services to for other expensive, capital-intensive services country to do just that. This legislation would students' children ages 3 months to 3 years. become available, disbursement of Capital Fi- boost these efforts through critical financial The social component of the center's training nancing Trust Funds for improvements will be and structured technical assistance. includes parenting classes for students. dependent upon demonstration of adequate Funding under the ECP Program would be In 1964, President Lyndon B. Johnson pro- quality performance as measured by HCFA's available for the expansion of primary care posed the establishment of the Jobs Corps as quality outcome measurement. sites, development of information, billing and an initiative to fight poverty. The South Bronx reporting systems, planning and needs as- EXPANDING THE EACH PROGRAM Jobs Corps Center is 1 of 100 centers nation- sessment, and health promotion outreach to A third provision of this legislation is de- wide and in Puerto Rico, serving youngsters underserved populations in the service area. signed to facilitate the organization, delivery, ages 16 to 24. Facilities eligible to participate in the ECP net- and access to primary, preventive, and acute Supported by President Clinton, the Jobs worksÐthose designated as ``essential com- care services for medically underserved popu- Corps continues to be an effective program to munity providers''Ðinclude Medicare dis- lations by fostering networks of essential com- assist at-risk youngsters in completing their proportionate share hospitals, rural primary education, increasing their self-esteem, devel- munity providers. care hospitals, essential access community The Essential Access Community Hospital oping a sense of belonging to the community, hospitals, and federally qualified health cen- Program was enacted in 1989. This Medicare and preparing for a productive adulthood. ters [FQHC] or those clinics which otherwise initiatives provides a unique Federal-State This May 100 students will graduate from fulfill the requirements for FQHC status except partnership to assure the availability of primary the South Bronx Jobs Corps Center. Seven- for board membership requirements. care, emergency services, and limited acute teen of the center's 100 employees are South In order to facilitate integration of hospitals Bronx Jobs Corps graduates. Many others inpatient services in rural areas. The EACH and clinics into these community health net- Program was created to maximize resources after completing the program have pursued a works, physicians at network clinic sites would college education and secured part-time or available to rural residents by establishing re- be provided admitting privileges at network gional networks of full-service hospitals full-time jobs. hospitals. In addition, the placement of resi- The most famous graduate from one of the [EACH's] connected to limited-service rural pri- dents at network-affiliated FQHC's would be mary care hospitals [RPCH's]. Since 1991, centers in the Nation is heavyweight champion counted in the total number of residency posi- George Foreman. Mr. Foreman, who also au- over $17 million has been awarded in seven tions when determining the indirect medical participating States. thored a cook book, visited the South Bronx education [IME] reimbursement to hospitals Jobs Corps Center recently to talk about the In a March 1993 report by the Alpha Center, under Medicare. The authorized funding level the strengths of the EACH Program were importance that the Jobs Corps program has for rural EACH and urban ECP would be in- had in his overall career. clearly articulated. They stated: creased tenfold, from the current level of $25 The EACH Program has released an enor- Mr. Speaker, I ask my colleagues to join me to $250 million annually. recognizing the staff and students of the South mous amount of creative energy focused on I am introducing the Essential Health Facili- the development of regional networks that Bronx Jobs Corps Center for their outstanding ties Investment Act of 1997 because I believe link health care providers in remote areas achievements and in wishing them continued this legislation is an important and necessary with those in more densely populated com- success. component of the effort to reform our Nation's munities. f A letter from the project directors of the health care delivery system. The initiatives in seven EACH States contained the following this bill are essential to ensuring access to TERM LIMITS comment. high quality and efficient services for everyone We believe the EACH concept will assist in our communities. HON. LINDA SMITH f policymakers, regulators and changemakers OF WASHINGTON in the long process of refocusing rural health TRIBUTE TO THE SOUTH BRONX IN THE HOUSE OF REPRESENTATIVES care delivery. JOBS CORPS CENTER I am confident that the EACH Program pro- Wednesday, February 12, 1997 vides a framework for greatly improving the ´ Mrs. SMITH of Washington. Mr. Chairman, quality and efficiency of primary care, emer- HON. JOSE E. SERRANO today I will vote against the seven term limits OF NEW YORK gency services, and acute inpatient services in amendments to the U.S. Constitution which IN THE HOUSE OF REPRESENTATIVES rural areas across the country. As a result, were offered by Members of Congress who this legislation contains language that would Wednesday, February 12, 1997 represent States which have passed term lim- extend the EACH Program to all States. Mr. SERRANO. Mr. Speaker, recently I had its referendums. According to these so-called In addition, creating a new urban Essential the opportunity to visit the South Bronx Jobs scarlet letter proposals, if a Member of Con- Community Provider Program [ECP] would Corps Center, which has been successful at gress from one of these States failed to vote carry the network concept to our Nation's helping disadvantaged youngsters acquire the in favor of the exact term limit proposal ap- inner cities. While different from the rural educational and professional skills they need proved in the referendum, the phrase ``violated EACH Program, the urban ECP Program to succeed in the workplace. voter instruction on term limits'' would be print- would concentrate on networking hospitals Established 11 years ago in my South ed next to the Member's name on future bal- with primary care service centers, particularly Bronx congressional district, the South Bronx lots. federally qualified health centers. In addition, Jobs Corps Center is proud of the 500 Bronx I am a strong supporter of term limits. I co- ECP networks could combine with rural net- youngsters it serves annually. The center pro- sponsored House Joint Resolution 3 in the works. vides students with guidance and training, tai- 104th and 105th Congress which would limit A report by the General Accounting Office lored to their individual needs. At the center, terms in the House to three terms and two found that ``more than 40 percent of emer- younsters have the opportunity to obtain a terms in the Senate. gency department patients and illnesses or in- high school equivalency diploma and to learn Nevertheless, I opposed the scarlet letter juries categorized as nonurgent conditions.'' a variety of trades including, office assistant proposals because the way these referendums The growth in the number of patients with with knowledge of word processing, account- are drafted, they preclude Members of Con- nonurgent conditions visiting emergency de- ing clerk, nurse assistant, and building mainte- gress in scarlet letter ballot States from voting partments is greatest among patients with little nance technician. for any other version than the one approved E244 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 by the voters. While I respect the voters' will the scope of the problem from them. Elliott legal issues have been raised and most have to impose term limits and return to a citizen used his persuasiveness to get local residents been successfully resolved. However, one re- legislature, I believe the scarlet letter initiative and potential responsible parties to sit down striction that prohibits hunting migratory birds is ill-conceived. By dictating the exact lan- with a mediator to discuss ways to perma- by the aid of baiting, or on or over any baited guage of the amendment rather than providing nently relocate those at the site. Months and area has generated tremendous controversy, the desired general terms, the referendum months of hard work by everyone involved has and it has not been satisfactorily resolved. The precludes Members from voting for amend- apparently paid off and a buyout plan will reasons for this controversy are twofold: ments which would accomplish the same hopefully be ratified in the next few weeks. First, a doctrine has developed in Federal thing. Residents will be permanently relocated, and courts whereby the actual guilt or innocence of Today I supported three different proposals can finally move on with their lives. an individual hunting migratory birds on a bait- including: First the McCollum base bill which Mr. Speaker, the Federal Government ed field is not an issue. If it is determined that sets a lifetime limit of six terms in the House needs more public servants like Elliott Laws. I bait is present, and the hunter is there, he is and two terms in the Senate; second, the wish him well in all of his future endeavors. guilty under the doctrine of strict liability, re- Fowler amendment which sets four consecu- f gardless of whether there was knowledge or intent. Courts have ruled that it is not relevant tive terms in the House and two consecutive INTRODUCTION OF THE MIGRA- terms in the Senate; and third, the Scott that the hunter did not know or could not have TORY BIRD TREATY REFORM reasonably known bait was present. Under- amendment which sets a lifetime limit of six ACT OF 1997 terms in the House and two terms in the Sen- standably, there has been much concern over ate while also giving States the right to enact the injustice of this doctrine that is contrary to shorter terms. I believe these are each viable HON. DON YOUNG the basic tenet of our criminal justice system: and reasonable proposals. OF ALASKA that a person is presumed innocent until prov- We need legislators in Washington, DC, IN THE HOUSE OF REPRESENTATIVES en guilty, where intent is a necessary element more concerned about the well-being of the Wednesday, February 12, 1997 of that guilt. A second point of controversy is the related Nation than building their own political empire. Mr. YOUNG of Alaska. Mr. Speaker, I am issue of the zone of influence doctrine devel- Term limits will eliminate career politicians pleased to introduce today, along with the co- oped by the courts relating to the luring or at- who, through the benefits of incumbency and chairman of the Congressional Sportsmen's tracting of migratory birds to the hunting cozy relationships with special interests, have Caucus, JOHN TANNER, and our colleague, venue. Currently, courts hold that if the bait stacked the deck against challengers. CLIFF STEARNS, the Migratory Bird Treaty Re- could have acted as an effective lure, a hunter While term limitations are a blunt instru- form Act of 1997. This measure is basically will be found guilty, regardless of the amount ment, I hope they will help bring to Congress identical to legislation I proposed at the end of of the alleged bait or other factors that may citizen legislators interested in serving their the previous Congress. have influenced the migratory birds to be country for a limited time and returning to pri- It has been nearly 80 years since the Con- present at the hunting site. Again, a number of vate life where they too must live by the laws gress enacted the Migratory Bird Treaty Act hunters have been unfairly prosecuted by the [MBTA]. Since that time, there have been nu- they have created. blanket application of this doctrine. merous congressional hearings and a distin- f In addition, under the current regulations, guished Law Enforcement Advisory Commis- TRIBUTE TO ELLIOTT P. LAWS grains scattered as a result of agricultural pur- sion was constituted to review the application suits are not considered bait as the term is of the MBTA regulations. Although these ef- used. The courts and the U.S. Fish and Wild- HON. JANE HARMAN forts clearly indicated serious problems, there life Service, however, disagree on what con- OF CALIFORNIA has been no meaningful effort to change the stitutes normal agricultural planting or harvest- IN THE HOUSE OF REPRESENTATIVES statute or modify the regulations. Due to ad- ing or what activity is the result of bona fide ministrative inaction and the clear evidence of Wednesday, February 12, 1997 agricultural operations. inconsistent application of regulations and During the past three decades, Congress Ms. HARMAN. Mr. Speaker, I rise today to confusing court decisions, it is time for the has addressed various aspects of the baiting honor Elliott P. Laws, who is stepping down Congress to legislatively change certain provi- issue. It has also been addressed by a Law from his position as EPA's Assistant Adminis- sions that have, and will continue to penalize Enforcement Advisory Commission appointed trator for Solid Waste and Emergency Re- many law-abiding citizens. I assure my col- by the Fish and Wildlife Service. Sadly, noth- sponse at the end of this week. leagues, as well as landowners, farmers, hun- ing has resulted from these examinations and In my view, no member of the Clinton ad- ters, and concerned citizens, that this legisla- the problems still persist. As a consequence, ministration has been more effective in serving tion in no way undermines the fundamental landowners, farmers, wildlife managers, the American people. Like many, Elliott pos- goal of protecting migratory bird resources. sportsmen, and law enforcement officials are sesses the necessary intelligence, creativity, Before explaining this legislation, I would understandably confused. and patience. But what has made Elliott truly like to provide my colleagues with some back- On May 15, 1996, the House Resources special is that he is a caring and compas- ground on this issue. In 1918, Congress en- Committee, which I chair, conducted an over- sionate personÐqualities which pervade every acted the Migratory Bird Treaty Act, that im- sight hearing to review the problems associ- aspect of his work. plemented the 1916 Convention for the Pro- ated with the MBTA regulations, their enforce- With his vast experience not only in the tection of Migratory Birds between Great Brit- ment, and the appropriate judicial rulings. It Federal Government, but also in the private ainÐfor CanadaÐand the United States. was abundantly clear from the testimony at sector and at the State level, it is no wonder Since that time, there have been similar this hearing, as well as previous hearings, that that Elliott has not tolerated business as usual agreements signed between the United the time has come for the Congress to ad- at the EPA. Elliott embodies the notion of re- States, Mexico, and the former Soviet Union. dress these problems through comprehensive inventing government. The convention and the act are designed to legislation. From a historical review, it is obvi- For more than 2 years, Elliott and I have protect and manage migratory birds as well as ous that regulatory deficiencies promulgated worked together to help constituents of mine regulate the taking of that renewable resource. pursuant to the Migratory Bird Treaty Act will who have the misfortune of living between two In an effort to accomplish these goals, over not be corrected, either administratively or by Superfund sitesÐa former DDT manufacturing the years certain restrictions have been im- future judicial rulings. plant and toxic waste pits. Before Elliott got in- posed by regulation on the taking of migratory Since there is inconsistent interpretation of volved, EPA seemed content to stick with the birds by hunters. Many of these restrictions the regulations under MBTA that the executive old way of doing business and planned to were recommended by sportsmen who felt and judicial branches of Government have temporarily move residents, remove toxic DDT that they were necessary management meas- failed to correct, the Congress has an obliga- from their homes, and then return them to ures to protect and conserve renewable migra- tion to eliminate the confusion and, indeed, their neighborhoodÐnotwithstanding the waste tory bird populations. Those regulations have the injustices that now exist. It is also impor- pits which loomed nearby. clearly had a positive impact, and viable mi- tant that Congress provide guidance to law Once I called on Elliott for help, he made it gratory bird populations have been maintained enforcement officials who are charged with the clear that the old way was not acceptable, and despite the loss of natural habitat because of responsibility of enforcing the law and the ac- that an innovative solution had to be found. To agricultural, industrial, and urban activities. companying regulations. begin with, Elliott came to California to meet Since the passage of the MBTA and the de- It must be underscored that sportsmen, law with residents in their own backyards to learn velopment of the regulatory scheme, various enforcement officials and, indeed, Members of February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E245 Congress all strongly support the basic intent Wildlife Service and published in the Federal TRIBUTE TO MONTEFIORE of the Migratory Bird Treaty Act that our mi- Register. MEDICAL CENTER gratory bird resources must be protected from Finally, the term bait is defined as the inten- overexploitation. Sportsmen have consistently tional placing of the offending grain, salt, or HON. JOSE´ E. SERRANO demonstrated their commitment to the wise other feed. This concept removes from viola- OF NEW YORK use of renewable wildlife resources through tion the accidental appearance of bait at or IN THE HOUSE OF REPRESENTATIVES reasoned management and enforcement of near the hunting venue. There have been Wednesday, February 12, 1997 appropriate regulations. cases where hunters have been charged with Over the years, various prohibitions on the violating baiting regulations as a result of grain Mr. SERRANO. Mr. Speaker, I rise today to manner and methods of taking migratory birds being unintentionally spilled on a public road, pay tribute to Montefiore Medical Center for 50 have been embodied in regulations. Many of where foreign grain was inadvertently mixed in years of caring in our Bronx community. these prohibitions are decades old and have with other seed by the seller and later found Mr. Speaker, this year, 1997, marks the the support of all persons concerned with pro- at a hunting site, and where foreign grain was 50th anniversary of the Montefiore Home tecting migratory birds. In my judgment, it Health Agency. Since its inception as the first would be appropriate to incorporate these reg- deposited by animals or running water. These are examples of actual cases where citations hospital-based home health agency in the ulations in statutory law, and my proposed bill United States, Montefiore has cared for tens were given to individuals for violations of the accomplishes that objective. This provision of thousands of patients. baiting regulations. does not, however, restrict or alter the Sec- Montefiore offers a variety of programs. The retary of the Interior's annual responsibilities to Under my proposed legislation, the hunter long term home health care program, provides establish bag limits or duration of seasons. would also be permitted to introduce evidence a continuum of care at home to the chronically Nor does it prevent additional prohibitions, in- at trail on what degree the alleged bait acted ill, who would otherwise require nursing home cluding hunting methods of migratory birds, as the lure or attraction for the migratory birds placement. The teleCare program provides 24- from being implemented. in a given area. In cases where 13 kernels of hour access to emergency assistance in the Second, a fundamental goal of the Migratory corn were found in a pond in the middle of a home. The certified home health agency pro- Bird Treaty Reform Act of 1997 is to address 300-acre field planted in corn or where 34 ker- vides short-term care to patients in the post- the baiting issue. Under my proposed legisla- nels of corn were found in a wheat field next hospital period. Such programs have been tion, no person may take migratory birds by to a freshwater river, the bait was clearly not vital to patients recovery and recuperation. the aid of bait, or on or over bait, where that the reason migratory birds were in the hunting I would like to highlight the staff's devotion person knew or should have known the bait area. First, it was not intentionally placed there and energy in tending to the individual needs was present. The provision removes the strict and, second, it could not be considered an ef- of each patient. Medical social workers pro- liability interpretation made first by a Federal fective lure or attraction under the factual cir- vide unique and personal care. They teach pa- court in Kentucky in 1939, and presently fol- cumstances. These are questions of fact to be tients how to use a variety of assistance de- lowed by a majority of Federal courts. With determined in a court of law. Currently, how- vices. From nurses to occupational and phys- this provision, uniformity in the application of ever, evidence of these matters is entirely ex- ical therapists, these fine professionals are the prohibition is established. cluded as irrelevant under the strict liability there when needed. As important, however, is the establishment doctrine. Montefiore and its home health care staff of a standard that permits a determination of In 1934, Congress enacted the Migratory stand out in their field. Montefiore succeeds in the actual guilt of the defendant. If the facts Bird Conservation Act as a mechanism to pro- dramatically improving patients' quality of life. demonstrate that the hunter knew or should vide badly needed funds to purchase suitable Mr. Speaker, let us join in the celebration of have known of the alleged bait, liabilityÐwhich habitat for migratory birds. Today, that need this milestone and acknowledge this outstand- includes fines and potential incarcerationÐwill ing agency for 50 years of accomplishment be imposed. If by the evidence, however, the still exists, and my legislation will require that all fines and penalties collected under the and service. hunter could not have reasonably known that f the alleged bait was present, liability would not MBTA be deposited into the Migratory Bird be imposed and penalties would not be as- Conservation Fund. These funds are essential THE INTRODUCTION OF THE SECU- sessed. This would be a question of fact to be to the long-term survival of our migratory bird RITY AND FREEDOM THROUGH determined by the court based on the totality populations. ENCRYPTION [SAFE] ACT of the evidence presented. Finally, this measure proposes that personal Furthermore, the exceptions to baiting prohi- property that is seized can be returned to the HON. BOB GOODLATTE bitions contained in Federal regulations have owner by way of a bond or other surety, prior OF VIRGINIA been amended to permit exemption for grains to trial, at the discretion of the court. IN THE HOUSE OF REPRESENTATIVES found on a hunting site as a result of normal Mr. Speaker, the purpose of the proposed agricultural planting and harvesting as well as Wednesday, February 12, 1997 Migratory Bird Treaty Reform Act is to provide normal agricultural operations. This proposed clear guidance to landowners, farmers, wildlife Mr. GOODLATTE. Mr. Speaker, today I am change will establish reasonable guidelines for managers, hunters, law enforcement officials, pleased, along with 54 of my colleagues, to in- both the hunter and the law enforcement offi- and the courts on what are the restrictions on troduce the Security And Freedom through cial. the taking of migratory birds. The conflict with- Encryption [SAFE] Act of 1997. To determine what is a normal agricultural This much-needed, bipartisan legislation ac- operation in a given region, the U.S. Fish and in the Federal judicial system and the incon- sistent application of enforcement within the complishes several important goals. First, it Wildlife Service will be required to annually aids law enforcement by preventing piracy and publish, in the Federal Register, a notice for U.S. Fish and Wildlife Service must be re- solved. The proposed legislation accomplishes white-collar crime on the Internet. It an ounce public comment defining what is a normal agri- of prevention is worth a pound of cure, then cultural operation for that particular geographic that objective without, in any manner, weaken- ing the intent of current restrictions on the an ounce of encryption is worth a pound of area. This determination is to be made only subpoenas. With the speed of transactions after meaningful consultation with relevant method and manner of taking migratory birds; nor do the proposed provisions weaken pro- and communications on the Internet, law en- State and Federal agencies and an oppor- forcement cannot possibly deal with pirates tunity for public comment. Again, the goal of tection of the resource. Finally, the proposed legislation does not alter or restrict the Sec- and criminal hackers by waiting to react until this effort is to provide uniformity and clarity after the fact. for landowners, farmers, wildlife managers, retary of the Interior's ability to promulgate an- nual regulations nor inhibit the issuance of fur- Only by allowing the use of strong law enforcement officials, and hunters so they encryption, not only domestically but inter- know what a normal agricultural operation is ther restrictions on the taking of migratory birds. nationally as well, can we hope to make the for their region. Internet a safe and secure environment. As In addition, the proposed legislation permits Mr. Speaker, I urge my colleagues to care- the National Research Council's Committee on the scattering of various substances like fully review the Migratory Bird Treaty Reform National Cryptography Policy concluded: grains and seeds, which are currently consid- Act of 1997. It is a long overdue solution to If cryptography can protect the trade se- ered bait, if it is done to feed farm animals several ongoing problems that regrettably con- crets and proprietary information of busi- and is a normal agricultural operation in a tinue to unfairly penalize many law-abiding nesses and thereby reduce economic espio- given area, as recognized by the Fish and hunters in this country. nage (which it can), it also supports in a E246 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 most important manner the job of law en- vate citizens and businesses. Additionally, the United States person in a foreign country, to forcement. If cryptography can help protect SAFE Act ensures that all Americans have the use any encryption, regardless of the national critical information systems and right to choose any security system to protect encryption algorithm selected, encryption networks against unauthorized penetration key length chosen, or implementation tech- (which it can), it also supports the national their confidential information. nique or medium used. security of the United States. Mr. Speaker, with the millions of commu- nications, transmissions, and transactions that ‘‘§ 2803. Freedom to sell encryption Second, if the Global Information Infrastruc- occur on the Internet every day, American citi- ‘‘Subject to section 2805, it shall be lawful ture is to reach its true potential, citizens and zens and businesses must have the con- for any person within any State to sell in companies alike must have the confidence interstate commerce any encryption, regard- fidence that their private information and com- less of the encryption algorithm selected, that their communications and transactions will munications are safe and secure. That is pre- be secure. The SAFE Act, by allowing all encryption key length chosen, or implemen- cisely what the SAFE Act will ensure. I urge tation technique or medium used. Americans to use the highest technology and each of my colleagues to join and support this ‘‘§ 2804. Prohibition on mandatory key escrow strongest security available, will provide them bipartisan effort. ‘‘(a) PROHIBITION.—No person in lawful pos- with that confidence. The original cosponsors are Representa- Third, with the availability of strong session of a key to encrypted information tives LOFGREN, DELAY, BOEHNER, COBLE, SEN- may be required by Federal or State law to encryption overseas and on the Internet, our SENBRENNER, BONO, PEASE, CANNON, CON- relinquish to another person control of that current export controls only serve to tie the YERS, BOUCHER, GEKAS, SMITH (TX), INGLIS, key. hands of American business. According to an BRYANT (TN), CHABOT, BARR, JACKSON-LEE, ‘‘(B) EXCEPTION FOR ACCESS FOR LAW EN- economic study released in December 1995 WATERS, ACKERMAN, BAKER (NC), BARTLETT, FORCEMENT PURPOSES.—Subsection (a) shall by the Computer Systems Policy Project, fail- CAMPBELL, CHAMBLISS, CUNNINGHAM, DAVIS not affect the authority of any investigative or law enforcement officer, acting under any ure to remove these export controls by the (VA), DICKEY, DOOLITTLE, EHLERS, ENGEL, law in effect on the effective date of this year 2000Ðjust 3 short years from nowÐwill ESHOO, EVERETT, EWING, FARR, GEJDENSON, cost our economy $60 billion and 200,000 chapter, to gain access to encrypted informa- GILLMOR, GOODE, Delegate HOLMES-NORTON, tion. jobs. Representatives HORN, Mrs. EDDIE BERNICE The SAFE Act remedies this situation by al- ‘‘§ 2805. Unlawful use of encryption in fur- JOHNSON (TX), Mr. SAM JOHNSON (TX), KOLBE, therance of a criminal act lowing the unencumbered export of generally MCINTOSH, MCKEON, MANZULLO, MATSUI, MICA, available software and hardware if a product ‘‘Any person who willfully uses encryption MINGE, MOAKLEY, NETHERCUTT, PACKARD, SES- in furtherance of the commission of a crimi- with comparable security features is commer- SIONS, UPTON, WHITE, and WOOLSEY. nal offense for which the person may be pros- cially available from foreign suppliers. Remov- Mr. Speaker, I would like the text of this leg- ecuted in a court of competent jurisdiction— ing these export barriers will free U.S. industry islation reprinted in the RECORD. ‘‘(1) in the case of a first offense under this to remain the world leader in software, hard- H.R.— section, shall be imprisoned for not more ware, and Internet development. And by allow- Be it enacted by the Senate and House of Rep- than 5 years, or fined in the amount set forth ing the U.S. computer industry to use and ex- resentatives of the United States of America in in this title, or both; and port the highest technology available with the Congress assembled, ‘‘(2) in the case of a second or subsequent offense under this section, shall be impris- strongest security features available, America SECTION 1. SHORT TITLE. oned for not more than 10 years, or fined in will be leading the way into the 21st century This Act may be cited as the ‘‘Security and Freedom Through Encryption (SAFE) Act’’. the amount set forth in this title, or both.’’. information age and beyond. (b) CONFORMING AMENDMENT.—The table of SEC. 2. SALE AND USE OF ENCRYPTION. This bipartisan legislation enjoys the support chapters for part I of title 18, United States (a) IN GENERAL.—Part I of title 18, United of members and organizations across the Code, is amended by inserting after the item States Code, is amended by inserting after relating to chapter 33 of the following new spectrum of all ideological and political beliefs. chapter 121 the following new chapter: item: Groups as varied as the American Civil Lib- ‘‘CHAPTER 122—ENCRYPTED WIRE AND erties Union, National Rifle Association, Ameri- ELECTRONIC INFORMATION ‘‘122. Encrypted wire and electronic information ...... 2801’’. cans for Tax Reform, Netscape, Microsoft, ‘‘2801. Definitions. Novell, Lotus, Adobe, Software Publishers As- ‘‘2802. Freedom to use encryption. SEC. 3. EXPORTS OF ENCRYPTION. sociation, Information Technology Association ‘‘2803. Freedom to sell encryption. (a) AMENDMENT TO EXPORT ADMINISTRATION of America, Citizens for a Sound Economy, ‘‘2804. Prohibition on mandatory key escrow. ACT OF 1979.—Section 17 of the Export Ad- Competitive Enterprise Institute, Business ‘‘2805. Unlawful use of encryption in further- ministration Act of 1979 (50 U.S.C. App. 2416) ance of a criminal act. Leadership Council, IBM, Small Business Sur- is amended by adding at the end thereof the vival Committee, Sybase, RSA Data Security, § 2801. Definitions following new subsection: ‘‘(g) COMPUTERS AND RELATED EQUIP- Semiconductor Industry Association, Tele- ‘‘As used in this chapter— MENT.— communications Industry Association, and Na- ‘‘(1) the terms ‘person’, ‘State’, ‘wire com- munication’, ‘electronic communication’, ‘‘(1) GENERAL RULE.—Subject to paragraphs tional Association of Manufacturers strongly ‘investigative or law enforcement officer’, (2), (3), and (4), the Secretary shall have ex- support this legislation, to name just a few. ‘judge of competent jurisdiction’, and ‘elec- clusive authority to control exports of all The SAFE Act enjoys this support not only tronic storage’ have the meanings given computer hardware, software, and tech- because it is a commonsense approach to those terms in section 2510 of this title; nology for information security (including solving a very immediate problem, but also ‘‘(2) the terms ‘encrypt’ and ‘encryption’ encryption), except that which is specifically because ordinary Americans' personal privacy refer to the scrambling of wire or electronic designed or modified for military use, includ- ing command, control, and intelligence ap- and computer security is being assaulted by information using mathematical formulas or algorithms in order to preserve the confiden- plications. this administration. Amazingly enough, the ad- tiality, integrity, or authenticity of, and ‘‘(2) ITEMS NOT REQUIRING LICENSES.—No ministration wants to mandate a back door prevent unauthorized recipients from validated license may be required, except into peoples' computer systems in order to ac- accessing or altering, such information; pursuant to the Trading With the Enemy Act cess their private information and confidential ‘‘(3) the term ‘key’ means the variable in- or the International Emergency Economic communications. In fact the administration has formation used in a mathematical formula, Powers Act (but only to the extent that the said that if private citizens and companies do code, or algorithm, or any component there- authority of such Act is not exercised to ex- not voluntarily create this back door, it will of, used to decrypt wire or electronic infor- tend controls imposed under this Act), for mation that has been encrypted; and the export or reexport of— seek legislation forcing Americans to give the ‘‘(4) the term ‘United States person’ ‘‘(A) any software, including software with Government access to their information by means— encryption capabilities— means of a key escrow system requiring com- ‘‘(A) any United States citizen; ‘‘(i) that is generally available, as is, and is puter users to put the keys to decode their ‘‘(B) any other person organized under the designed for installation by the purchaser; or encrypted communications into a central data laws of any State, the District of Columbia, ‘‘(ii) that is in the public domain for which bank. This is the technological equivalent of or any commonwealth, territory, or posses- copyright or other protection is not avail- sion of the United States; and able under title 17, United States Code, or mandating that the Federal Government be ‘‘(C) any person organized under the laws given a key to every home in America. that is available to the public because it is of any foreign country who is owned or con- generally accessible to the interested public The SAFE Act, on the other hand, will pre- trolled by individuals or persons described in in any form; or vent the administration from placing road- subparagraphs (A) and (B). ‘‘(B) any computing device solely because blocks on the information superhighway by ‘‘§ 2802. Freedom to use encryption it incorporates or employs in any form soft- prohibiting the Government from mandating a ‘‘Subject to section 2805, it shall be lawful ware (including software with encryption ca- back door into the computer systems of pri- for any person within any State, and for any pabilities) exempted from any requirement February 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E247 for a validated license under subparagraph using mathematical formulas or algorithms feree), who may not be the actual program (A). in order to preserve the confidentiality, in- user, to install the software program on a ‘‘(3) SOFTWARE WITH ENCRYPTION CAPABILI- tegrity, or authenticity of, and prevent un- computing device and has supplied the nec- TIES.—The Secretary shall authorize the ex- authorized recipients from accessing or al- essary instructions to do so, except that the port or reexport of software with encryption tering, such information; publisher may also provide telephone help capabilities for nonmilitary end uses in any ‘‘(B) the term ‘generally available’ means, country to which exports of software of simi- in the case of software (including software line services for software installation, elec- lar capability are permitted for use by finan- with encryption capabilities), software that tronic transmission, or basic operations; and cial institutions not controlled in fact by is offered for sale, license, or transfer to any ‘‘(ii) the software program is designed for United States persons, unless there is sub- person without restriction, whether or not installation by the purchaser without fur- stantial evidence that such software will for consideration, including, but not limited ther substantial support by the supplier; be— to, over-the-counter retail sales, mail order ‘‘(A) diverted to a military end use or an transactions, phone order transactions, elec- ‘‘(E) the term ‘computing device’ means a end use supporting international terrorism; tronic distribution, or sale on approval; device which incorporates one or more ‘‘(B) modified for military or terrorist end ‘‘(C) the term ‘as is’ means, in the case of microprocessor-based central processing use; or software (including software with encryption units that can accept, store, process, or pro- ‘‘(C) reexported without any authorization capabilities), a software program that is not vide output of data; and by the United States that may be required designed, developed, or tailored by the soft- under this Act. ware publisher for specific purchasers, ex- ‘‘(F) the term ‘computer hardware’, when ‘‘(4) HARDWARE WITH ENCRYPTION CAPABILI- cept that such purchasers may supply cer- used in conjunction with information secu- TIES.—The Secretary shall authorize the ex- tain installation parameters needed by the rity, includes, but is not limited to, com- port or reexport of computer hardware with software program to function properly with puter systems, equipment, application-spe- encryption capabilities if the Secretary de- the purchaser’s system and may customize cific assemblies, modules, and integrated cir- termines that a product offering comparable the software program by choosing among op- cuits.’’. security is commercially available outside tions contained in the software program; the United States from a foreign supplier, ‘‘(D) the term ‘is designed for installation (b) CONTINUATION OF EXPORT ADMINISTRA- without effective restrictions. by the purchaser’ means, in the case of soft- TION ACT.—For purposes of carrying out the ‘‘(5) DEFINITIONS.—As used in this sub- ware (including software with encryption ca- amendment made by subsection (a), the Ex- section— pabilities) that— port Administration Act of 1979 shall be ‘‘(A) the term ‘encryption’ means the ‘‘(i) the software publisher intends for the deemed to be in effect. scrambling of wire or electronic information purchaser (including any licensee or trans- E248 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1997 SENATE COMMITTEE MEETINGS 10:00 a.m. 10:00 a.m. Title IV of Senate Resolution 4, Joint Economic Energy and Natural Resources To hold hearings to examine the eco- agreed to by the Senate on February 4, To hold hearings on the President’s pro- nomic and budget outlook. posed budget request for fiscal year 1977, calls for establishment of a sys- Room to be announced 1998 for the Department of Energy and tem for a computerized schedule of all the Federal Energy Regulatory Com- meetings and hearings of Senate com- FEBRUARY 27 mission. mittees, subcommittees, joint commit- 9:30 a.m. SD–366 tees, and committees of conference. Labor and Human Resources This title requires all such committees To hold hearings on proposed legislation MARCH 12 to notify the Office of the Senate Daily authorizing funds for programs of the 9:30 a.m. Digest—designated by the Rules Com- Higher Education Act. Commerce, Science, and Transportation mittee—of the time, place, and purpose SD–430 To hold hearings to examine universal 10:00 a.m. of the meetings, when scheduled, and telephone service. Armed Services any cancellations or changes in the SR–253 To hold hearings concerning the Depart- meetings as they occur. Environment and Public Works ment of Defense actions pertaining to As an additional procedure along To hold hearings on proposals to author- with the computerization of this infor- Persian Gulf illnesses. SD–106 ize state and local governments to mation, the Office of the Senate Daily Commerce, Science, and Transportation enact flow control laws and to regulate Digest will prepare this information for To hold hearings to examine violence in the interstate transportation of solid printing in the Extensions of Remarks television programming. waste. section of the CONGRESSIONAL RECORD SR–253 SD–406 on Monday and Wednesday of each week. MARCH 4 MARCH 13 Meetings scheduled for Thursday, 9:30 a.m. 9:00 a.m. February 13, 1997, may be found in the Environment and Public Works Agriculture, Nutrition, and Forestry Daily Digest of today’s RECORD. Superfund, Waste Control, and Risk As- To resume hearings on proposed legisla- tion authorizing funds for agricultural MEETINGS SCHEDULED sessment Subcommittee To hold hearings on proposals relating to research. liability and resource issues associated SR–332 FEBRUARY 25 with the cleanup and redevelopment of 9:30 a.m. 9:00 a.m. abandoned or underutilized industrial Energy and Natural Resources Agriculture, Nutrition, and Forestry and commercial properties. To resume hearings to examine issues To hold hearings to examine the impact SD–406 with regard to competitive change in of estate taxes on farmers. the electric power industry. SR–332 MARCH 5 SD–G50 9:30 a.m. 9:00 a.m. Energy and Natural Resources Agriculture, Nutrition, and Forestry MARCH 18 To hold hearings on the President’s pro- To hold hearings to examine the Depart- 9:00 a.m. posed budget request for fiscal year ment of Agriculture’s business plan Agriculture, Nutrition, and Forestry 1998 for the Department of the Interior and reorganization management pro- and Forest Service. posals. To resume hearings on proposed legisla- SD–366 SR–332 tion authorizing funds for agricultural 9:30 a.m. research. FEBRUARY 26 Environment and Public Works SR–332 9:00 a.m. Superfund, Waste Control, and Risk As- Agriculture, Nutrition, and Forestry sessment Subcommittee MARCH 19 To hold hearings to examine the impact To hold hearings on S. 8, to authorize 9:30 a.m. of capital gains taxes on farmers. funds for and reform the Comprehen- Veterans’ Affairs SR–332 sive Environmental Response, Liabil- To hold joint hearings with the House 9:30 a.m. ity, and Compensation Act of 1980 Committee on Veterans’ Affairs on the Energy and Natural Resources (Superfund). legislative recommendations of the Business meeting, to mark up S. 104, to SD–406 amend the Nuclear Waste Policy Act of Disabled American Veterans. 345 Cannon Building 1982, and to consider the nomination of MARCH 6 Federico Pena, of Colorado, to be Sec- 9:30 a.m. retary of Energy, and other pending MARCH 20 Energy and Natural Resources calendar business. 9:00 a.m. To hold hearings to examine issues with SD–366 Agriculture, Nutrition, and Forestry regard to competitive change in the Environment and Public Works To resume hearings on proposed legisla- Transportation and Infrastructure Sub- electric power industry. SH–216 tion authorizing funds for agricultural committee research. To resume hearings on proposed legisla- Veterans’ Affairs To hold joint hearings with the House SR–332 tion authorizing funds for programs of 9:30 a.m. the Intermodal Surface Transportation Committee on Veterans’ Affairs on the Energy and Natural Resources Efficiency Act. legislative recommendations of the To resume hearings to examine issues SD–406 Paralyzed Veterans of America, the Labor and Human Resources Jewish War Veterans, the Retired Offi- with regard to competitive change in Business meeting, to consider pending cers Association, the Association of the the electric power industry. calendar business. U.S. Army, the Non-Commissioned Of- SH–216 SD–430 ficers Association, the Military Order Veterans’ Affairs Small Business of the Purple Heart, and the Blinded To hold joint hearings with the House To hold hearings on the President’s Veterans Association. Committee on Veterans’ Affairs on the budget request for fiscal year 1998 for 345 Cannon Building legislative recommendations of the Small Business Administration. AMVETS, the American Ex-Prisoners SR–428A MARCH 11 of War, the Veterans of World War I, Indian Affairs 9:00 a.m. and the Vietnam Veterans of America. To hold hearings on the President’s pro- Agriculture, Nutrition, and Forestry 345 Cannon Building posed budget request for fiscal year To hold hearings on proposed legislation 1998 for the Bureau of Indian Affairs authorizing funds for agricultural re- and the Indian Health Service. search. SR–485 SR–332 Wednesday, February 12, 1997 Daily Digest Senate Alan S. Gold, of Florida, to be United States Dis- Chamber Action trict Judge for the Southern District of Florida. Routine Proceedings, pages S1251–S1337 Anthony W. Ishii, of California, to be United Measures Introduced: Fifteen bills and two resolu- States District Judge for the Eastern District of Cali- tions were introduced, as follows: S. 304–318, S.J. fornia. Res. 16, and S. Res. 54. Pages S1299±S1300 Lynne R. Lasry, of California, to be United States District Judge for the Southern District of Califor- Measures Reported: Reports were made as follows: nia. S. Res. 54, authorizing biennial expenditures by Ivan L. R. Lemelle, of Louisiana, to be United committees of the Senate. Page S1299 States District Judge for the Eastern District of Lou- Balanced Budget Constitutional Amendment: isiana. Senate continued consideration of S.J. Res. 1, pro- 2 Air Force nominations in the rank of general. posing an amendment to the Constitution of the Page S1337 United States to require a balanced budget, taking Messages From the House: Page S1298 action on the following amendments proposed there- to: Pages S1255±62, S1268±70 Communications: Pages S1298±99 Rejected: Petitions: Page S1299 Dodd Modified Amendment No. 4, to simplify Executive Reports of Committees: Page S1299 the conditions for a declaration of an imminent and serious threat to national security. (By 64 yeas to 36 Statements on Introduced Bills: Pages S1300±19 nays (Vote No. 10), Senate tabled the amendment.) Additional Cosponsors: Page S1319 Pages S1255±62, S1271±96 Amendments Submitted: Pages S1323±24 Pending: Notices of Hearings: Pages S1324±25 Byrd Amendment No. 6, to strike the reliance on estimates and receipts. Pages S1262±65, S1324 Authority for Committees: Page S1325 A unanimous-consent time-agreement was reached Additional Statements: Pages S1325±31 providing for further consideration of the pending Record Votes: One record vote was taken today. amendment beginning at 3:30 p.m., on Monday, (Total—10) Pages S1295±96 February 24, 1997, with a vote to occur thereon. Page S1296 Adjournment: Senate convened at 9:30 a.m. and adjourned at 6:54 p.m., until 11 a.m., on Thursday, APPOINTMENTS: February 13, 1997. (For Senate’s program, see the re- Commission on Security and Cooperation in Eu- marks of the Acting Majority Leader in today’s rope: The Chair, on behalf of the Vice President, Record on page S1337.) pursuant to Public Law 94–304, as amended by Public Law 99–7, appointed Senator D’Amato as Chairman of the Commission on Security and Co- Committee Meetings operation in Europe. Page S1336 (Committees not listed did not meet) Washington’s Farewell Address: The Chair, on behalf of the Vice President, pursuant to the order AUTHORIZATION—DEFENSE of the Senate of January 24, 1901, as modified by Committee on Armed Services: Committee held hearings the order of February 10, 1997, appointed Senator on proposed legislation authorizing funds for fiscal Frist to read Washington’s Farewell Address on year 1998 for the Department of Defense and the fu- Monday, February 24, 1997. Page S1336 ture years defense program, receiving testimony from Nominations Received: Senate received the follow- William S. Cohen, Secretary of Defense; John J. ing nominations: Hamre, Comptroller, Department of Defense; and D110 February 12, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D111 Gen. John M. Shalikashvili, USA, Chairman, Joint NUCLEAR DETERRENCE Chiefs of Staff. Committee on Governmental Affairs: Subcommittee on Hearings were recessed subject to call. International Security, Proliferation and Federal Serv- NOMINATION ices concluded hearings to examine the future of nu- Committee on Banking, Housing, and Urban Affairs: clear deterrence and U.S. policy toward non-pro- Committee ordered favorably reported the nomina- liferation efforts, after receiving testimony from Wal- tion of Janet L. Yellen, of California, to be a Mem- ter B. Slocombe, Under Secretary of Defense for Pol- ber of the Council of Economic Advisers. icy; Gen. Andrew J. Goodpaster, USA (Ret.), Atlan- tic Council of the United States; and Richard Perle, INVESTMENT AND INFRASTRUCTURE American Enterprise Institute, Washington, D.C. Committee on the Budget: Committee held hearings to examine the role of government investment in over- TEAM ACT all Federal budget policy, receiving testimony from Committee on Labor and Human Resources: Committee Robert B. Reich, Brandeis University, Waltham, concluded hearings on S. 295, to promote coopera- Massachusetts, former Secretary of Labor; and Doug- tion and teamwork among worker-management rela- las Holtz-Eakin, Syracuse University, Syracuse, New tions in the American labor force, after receiving tes- York, on behalf of the National Bureau of Economic timony from William D. Budinger, Rodel, Inc., Research. Newark, Delaware; J. Thomas Bouchard, Armonk, Committee will meet again tomorrow. New York, and Robert Von Bruns, Melinda Weide, CLEAN AIR STANDARDS and Michael Scarano, all of Essex Junction, Vermont, all on behalf of the International Business Machines Committee on Environment and Public Works: Commit- Corporation; Charles I. Cohen, Morgan, Lewis & tee held oversight hearings to examine the national Bockius, former Member, National Labor Relations ambient air quality standards for ozone and particu- Board, Jonathan P. Hiatt, AFL–CIO, and Robert late matter recently proposed by the Environmental Muehlenkamp, International Brotherhood of Team- Protection Agency, receiving testimony from Carol sters/AFL–CIO, all of Washington, D.C.; Robert M. Browner, Administrator, Environmental Protec- Sebris, Jr., Sebris Busto, Bellevue, Washington; Sam- tion Agency; and Sally Katzen, Administrator, Office uel Estreicher, New York University, New York, of Information and Regulatory Affairs, Office of New York; Michael H. LeRoy, Institute of Labor Management and Budget. and Industrial Relations/University of Illinois, Hearings were recessed subject to call. Champaign; and Thomas C. Kohler, Boston College ADMINISTRATION’S BUDGET Law School, Newton, Massachusetts. Committee on Finance: Committee held hearings on the BUSINESS MEETING Administration’s budget and revenue proposals for fiscal year 1998, receiving testimony from Robert E. Committee on Rules and Administration: Committee or- Rubin, Secretary of the Treasury. dered favorably reported an original resolution (S. Committee will meet again tomorrow. Res. 54) authorizing biennial expenditures by com- mittees of the Senate, in lieu of S. Res. 20, S. Res. MEDICARE 26, S. Res. 27, S. Res. 28, S. Res. 29, S. Res. 30, Committee on Finance: Subcommittee on Health Care S. Res. 33, S. Res. 34, S. Res. 35, S. Res. 37, S. Res. held hearings to examine the financial soundness of 38, S. Res. 39, S. Res. 40, S. Res. 41, S. Res. 43, the Medicare program, receiving testimony from S. Res. 44, S. Res. 45, and S. Res. 46. Bruce C. Vladeck, Administrator, Health Care Fi- nancing Administration, Department of Health and NOMINATION Human Services; Joseph R. Antos, Assistant Director Committee on Small Business: Committee ordered favor- for Health and Human Resources, Linda Bilheimer, ably reported the nomination of Aida Alvarez, of Deputy Assistant Director for Health, and Sandra New York, to be Administrator of the Small Busi- Christensen, Principal Analyst, all of the Congres- ness Administration. sional Budget Office; and Gail R. Wilensky, Project Prior to this action, the committee concluded Hope, former Administrator, Health Care Financing hearings on the nomination of Ms. Alvarez, after the Administration, and Marilyn Moon, Urban Institute, nominee, who was introduced by Senators D’Amato both of Washington, D.C. and Abraham, testified and answered questions in Hearings were recessed subject to call. her own behalf. D112 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1997 House of Representatives Amendments Rejected: Chamber Action The Hutchinson amendment in the nature of a Bills Introduced: 49 public bills, H.R. 693–741; 2 substitute that sought to limit service of House private bills, H.R. 742–743; and 9 resolutions, H.J. Members to 3 two-year terms and Senators to 2 six- Res. 51–53, H. Con. Res. 20, and H. Res. 51–55, year terms and provides that upon ratification in- were introduced. Pages H521±24 cumbents and others who have served in the House Reports Filed: No reports were filed today. are limited to 2 additional terms and those who have served in the Senate are limited to 1 additional term. Guest Chaplain: The prayer was offered by the The amendment was identical to the ballot initiative guest chaplain, the Rev. Richard Anderson, of Au- approved by the voters of Arkansas (rejected by a re- rora, Illinois. Page H455 corded vote of 85 ayes to 341 noes, Roll No. 11); Bipartisan Task Force on Reform of the Ethics Pages H486±88, H491±92 Process: The Majority Leader, with the concurrence The McInnis amendment in the nature of a sub- of the Minority Leader, announced the establishment stitute that sought to limit service of House Mem- of a Bipartisan Task Force on Reform of the Ethics bers to 3 two-year terms and Senators to 2 six-year Process. The Majority Leader named as task force terms and provides that upon ratification incumbents members: Representatives Livingston, Co-chairman; and others who have served in the House are limited Goss; Castle; Thomas; Solomon; and Hanson, ex- to 2 additional terms and those who have served in officio, in his capacity as Chairman of the Commit- the Senate are limited to 1 additional term. The tee on Standards of Official Conduct. The Minority amendment was identical to the ballot initiative ap- Leader named as members: Representatives Cardin, proved by the voters of Colorado (rejected by a re- Co-chairman; Frost; Moakley; Pelosi; Stokes; and corded vote of 87 ayes to 339 noes, Roll No. 12); Berman, ex-officio, in his capacity as Ranking Mi- Pages H488±90, H492 nority Member of the Committee on Standards of The Crapo amendment in the nature of a sub- Official Conduct. Page H456 stitute that sought to limit service of House Mem- In furtherance of this understanding concerning bers to 3 two-year terms and Senators to 2 six-year the establishment of the task force, it was made in terms and provides that upon ratification incumbents order that during the period beginning immediately and others who have served in the House are limited and ending on April 11, 1997: (1) The Committee to 2 additional terms and those who have served in on Standards of Official Conduct may not receive, the Senate are limited to 1 additional term. The renew, initiate, or investigate a complaint against amendment was identical to the ballot initiative ap- the official conduct of a member, officer, or em- proved by the voters of Idaho (rejected by a recorded ployee of the House; (2) The Committee on Stand- vote of 85 ayes to 339 noes, Roll No. 13); ards of Official Conduct may issue advisory opinions Pages H490±93 The Blunt amendment in the nature of a sub- and perform other non-investigative functions; and stitute that sought to limit service of House Mem- (3) A resolution addressing the official conduct of a bers to 3 two-year terms and Senators to 2 six-year member, officer, or employee of the House that is terms, provides that upon ratification incumbents proposed to be offered from the floor by a member and others who have served in the House are limited other than the Majority Leader or the Minority Lead- to 2 additional terms and those who have served in er as a question of the privileges of the House shall, the Senate are limited to 1 additional term, and al- once noticed pursuant to clause 2(a)(1) of Rule IX, lows any state to enact by state constitutional have precedence of all other questions except mo- amendment longer or shorter term limits. The tions to adjourn only at a time or place designated amendment was identical to the ballot initiative ap- by the chair in the legislative schedule within two proved by the voters of Missouri (rejected by a re- legislative days after April 11, 1997. Pages H456±57 corded vote of 72 ayes to 353 noes, Roll No. 14); Congressional Term Limits: By a yea-and-nay vote Pages H493±95, H497 of 217 yeas to 211 nays with two-thirds required for The Christensen amendment in the nature of a passage, Roll No. 21, the House failed to pass H.J. substitute that sought to limit service of House Res. 2, proposing an amendment to the Constitution Members to 3 two-year terms and Senators to 2 six- of the United States with respect to the number of year terms and provides that upon ratification in- terms of office of Members of the Senate and the cumbents and others who have served in the House House of Representatives. Pages H467±H512 are limited to 2 additional terms and those who have February 12, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D113 served in the Senate are limited to 1 additional term. Committee Election: The House agreed to H. Res. The amendment was identical to the ballot initiative 52, electing Representatives Hill and Sununu to the approved by the voters of Nebraska (rejected by a re- Committee on Small Business. Page H512 corded vote of 83 ayes to 342 noes, Roll No. 15); Quorum Calls—Votes: One yea-and-any vote and Pages H495±96, H497±98 ten recorded votes developed during the proceedings The Ensign amendment in the nature of a sub- of the House today and appear on pages H491–92, stitute that sought to limit service of House Mem- H492, H493, H497, H497–98, H498–99, H502, bers to 3 two-year terms and Senators to 2 six-year H502–03, H503–04, H509–10, and H511–12. terms and provides that upon ratification incumbents There were no quorum calls. and others who have served in the House are limited Adjournment: Met at 10 a.m. and adjourned at to 2 additional terms and those who have served in 7:42 p.m. the Senate are limited to 1 additional term. The amendment was identical to the ballot initiative ap- proved by the voters of Nevada (rejected by a re- Committee Meetings corded vote of 85 ayes to 339 noes, Roll No. 16); Pages H496, H498±99 AGRICULTURE, RURAL DEVELOPMENT, The Thune amendment in the nature of a sub- FDA APPROPRIATIONS stitute that sought to limit service of House Mem- Committee on Appropriations: Subcommittee on Agri- bers to 3 two-year terms and Senators to 2 six-year culture, Rural Development, Food and Drug Admin- terms and provides that upon ratification incumbents istration, and Related Agencies held a hearing on In- and others who have served in the House are limited spector General Overview. Testimony was heard to 2 additional terms and those who have served in from Roger C. Viadero, Inspector General, USDA. the Senate are limited to 1 additional term. The amendment was identical to the ballot initiative ap- FOREIGN OPERATIONS, EXPORT proved by the voters of South Dakota (rejected by a FINANCING APPROPRIATIONS recorded vote of 83 ayes to 342 noes, Roll No. 17); Committee on Appropriations: Subcommittee on Foreign Pages H499±H500, H502 Operations, Export Financing and Related Programs The Fowler amendment in the nature of a sub- hearing on Secretary of State. Testimony was heard stitute that sought to limit service of House Mem- from Madeleine K. Albright, Secretary of State. bers to 4 consecutive two-year terms and Senators to 2 consecutive six-year terms, not counting any term LABOR-HHS-EDUCATION that began before the adoption of the amendment APPROPRIATIONS (rejected by a recorded vote of 91 ayes to 335 noes, Committee on Appropriations: Subcommittee on Labor, Roll No. 18); Pages H500, H502±03 Health and Human Services, and Education held a The Scott amendment in the nature of a sub- hearing on Substance Abuse and Mental Health stitute that sought to limit the election of House Services Administration, the Office of the Inspector Members to 6 two-year terms and Senators to 2 six- General, and on the Health Resources and Services year terms, provide that no person who has served Administration. Testimony was heard from the fol- in the House for more than 1 year shall be eligible lowing officials of the Department of Health and for election more than five times and no person who Human Services: Nelba Chavez, Administrator, Sub- has served in the Senate more than 3 years be eligi- stance Abuse and Mental Health Services Adminis- ble for election more than once, and allow any state tration; June Gibbs Brown, Inspector General; and to enact shorter term limits (rejected by a recorded Ciro V. Sumaya, M.D., Administrator, Health Re- vote of 97 ayes to 329 noes, Roll No. 19); sources and Services Administration. Pages H500±01, H503±04 The Barton of Texas amendment in the nature of LEGISLATIVE APPROPRIATIONS a substitute that sought to limit the election of Committee on Appropriations: Subcommittee on Legisla- House Members to 6 two-year terms and Senators to tive held a hearing on Joint Economic Committee, 2 six-year terms, retroactively counting the elections the Library of Congress, the Architect of the Capitol/ of Representatives or Senators before the ratification Botanic Garden. Testimony was heard from Rep- of the amendment (rejected by a recorded vote of resentative Saxton; the following officials of the Li- 152 ayes to 274 noes, Roll No. 20). Pages H504±10 brary of Congress: James H. Billington, Librarian; Earlier, agreed to H. Res. 47, the rule under Donald L. Scott, Deputy Librarian; Winston Tabb, which the joint resolution was considered. Associate Librarian for Library Services; Reuben Me- Pages H458±67 dina, Law Librarian; Daniel Mulhollan, Director, D114 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1997 CRS; and Frank Kurt Cylke, Director, National Li- OVERSIGHT—FBI INVESTIGATION INTO brary Service for the Blind and Physically Handi- BOMBING IN SAUDI ARABIA capped; Alan M. Hantman, Architect of the Capitol; Committee on the Judiciary: Subcommittee on Crime Members of Congress; and public witnesses. held an oversight hearing on the FBI investigation OVERSIGHT—DEPARTMENT OF HEALTH into the Khobar Towers bombing in Dhahran, Saudi AND HUMAN SERVICES PROPOSED Arabia and on Foreign FBI Investigations. Testimony BUDGET was heard from Robert M. Bryant, Assistant Direc- Committee on Commerce: Subcommittee on Health and tor, National Security Division, FBI, Department of Environment held an oversight hearing on the De- Justice. partment of Health and Human Services’ proposed budget for fiscal year 1998. Testimony was heard NATIONAL DEFENSE AUTHORIZATION from Bruce C. Vladeck, Administrator, Health Care Committee on National Security: Held a hearing on the Financing Administration, Department of Health fiscal year 1998 national defense authorization re- and Human Services; and Paul N. Van de Water, quest. Testimony was heard from the following offi- Assistant Director, Budget Analysis, CBO. cials of the Department of Defense: William S. Cohen, Secretary; and Gen. John M. Shalikashvili, SPECTRUM MANAGEMENT POLICY USA, Chairman, Joint Chiefs of Staff. Committee on Commerce: Subcommittee on Tele- communications, Trade, and Consumer Protection INTERNATIONAL SPACE PROGRAM held a hearing on Spectrum Management Policy. Committee on Science: Held a hearing on the Status of Testimony was heard from Reed E. Hundt, Chair- Russian Participation in the International Space Pro- man, FCC; Larry Irving, Assistant Secretary, Com- gram. Testimony was heard from John H. Gibbons, munications and Information, Department of Com- Director, Office of Science and Technology Policy; merce; Michael Amarosa, Deputy Commissioner, Po- Daniel S. Goldin, Administrator, NASA; and Marcia lice Department, City of New York; and public wit- S. Smith, Specialist in Aerospace and Telecommuni- nesses. cations Policy, CRS, Library of Congress. ENCOURAGING PENSION SAVINGS Committee on Education and the Workforce: Subcommit- ISTEA REAUTHORIZATION tee on Employer-Employee Relations held a hearing Committee on Transportation and Infrastructure: Sub- on Defusing the Retirement Timebomb: Encourag- committee on Surface Transportation held a hearing ing Pension Savings. Testimony was heard from pub- on ISTEA Comprehensive Reauthorization Proposals: lic witnesses. ISTEA Integrity Restoration Act (STEP 21), Trans- portation Empowerment Act (Devolution), ISTEA GOVERNMENT RESULTS AND Works. Testimony was heard from Senator Mack; PERFORMANCE ACT; ORGANIZATIONAL Representatives Kasich, Smith of Michigan, DeLay, MEETING and Condit; Paul E. Patton, Governor, State of Ken- Committee on Government Reform and Oversight: Held a tucky; and Christine Todd Whitman, Governor, hearing on the ‘‘Government Performance and Re- State of New Jersey. sults Act: Sensible Government for the Next Cen- Hearings continue February 27. tury’’. Testimony was heard from Representative Armey; John Koskinen, Deputy Director, Manage- ADMINISTRATION’S BUDGET ment, OMB; and James Hinchman, Acting Comp- Committee on Ways and Means: Continued hearings on troller General, GAO. the Administration’s fiscal year 1998 Budget. Testi- The committee also met for organizational pur- mony was heard from Donna E. Shalala, Secretary of poses. Health and Human Services. OVERSEAS PRIVATE INVESTMENT CORPORATION AIRPORT AND AIRWAY TRUST FUND TAX Committee on International Relations: Subcommittee on REINSTATEMENT ACT; OVERSIGHT PLAN International Economic Policy and Trade held a Committee on Ways and Means: Ordered reported H.R. hearing on the Future of the Overseas Private Invest- 668, Airport and Airway Trust Fund Tax Reinstate- ment Corporation (OPIC). Testimony was heard ment Act of 1997. from Representatives Kolbe and Andrews; and pub- The Committee also approved an oversight plan lic witnesses. for the 105th Congress. February 12, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D115 COMMITTEE MEETINGS FOR THURSDAY, Committee on Banking and Financial Services, Subcommit- FEBRUARY 13, 1997 tee on Financial Institutions and Consumer Credit, to continue hearings on Financial Services Modernization (Committee meetings are open unless otherwise indicated) legislation including H.R. 268, Depository Institution Senate Affiliation and Thrift Charter Conversion Act, 10 a.m., Committee on Agriculture, Nutrition, and Forestry, to re- 2128 Rayburn. sume hearings on S. 257, to amend the Commodity Ex- Committee on the Budget, hearing on CBO Budget Out- change Act to improve the Act, 9 a.m., SR–332. look and Analysis of the Administration’s Budget Pro- Committee on the Budget, to hold hearings on biennial posal, 10 a.m., 210 Cannon. budgeting and appropriations, 1:30 p.m., SD–608. Committee on Commerce, to consider the following: H.R. Committee on Environment and Public Works, Subcommit- 624, Armored Car Reciprocity Amendments of 1997; the tee on Transportation and Infrastructure, to hold hearings Committee budget and oversight plan for the 105th Con- on the implementation of the Intermodal Surface Trans- gress, 2:30 p.m., 2123 Rayburn. portation Efficiency Act and transportation trends, infra- Committee on Education and the Workforce, to mark up the structure funding requirements, and transportation’s im- oversight plan for the 105th Congress and to consider pact on the economy, 2 p.m., SD–406. other pending committee business, 9:30 a.m., 2175 Ray- Committee on Finance, to hold hearings on the Adminis- burn. tration’s budget for fiscal year 1998, focusing on Medi- Committee on Government Reform and Oversight, Sub- care, Medicaid and welfare proposals, 1 p.m., SD–215. committee on Civil Service, hearing on the Administra- Committee on Foreign Relations, to hold hearings on the tion’s fiscal year 1998 budget: Civil Service Impacts, 9 nomination of Pete Peterson, of Florida, to be Ambas- a.m., 2247 Rayburn. sador to the Socialist Republic of Vietnam, 8 a.m., Subcommittee on Government Management, Informa- SD–419. tion and Technology, hearing on ‘‘Oversight of the Committee on Governmental Affairs, business meeting, to GAO’s High-Risk Series,’’ 9:30 a.m., 311 Cannon. consider pending calendar business, 1:45 p.m., SD–342. Subcommittee on Human Resources and Intergovern- Full Committee, to hold hearings on S. 207, to review, mental Relations, hearing on the Need for Better Focus reform, and terminate unnecessary and inequitable Federal in the Rural Health Clinic Program, 1 p.m., 2154 Ray- subsidies, 2 p.m., SD–342. burn. Committee on Labor and Human Resources, Subcommittee Subcommittee on National Economic Growth, Natural on Employment and Training, to resume hearings to ex- Resources, and Regulatory Affairs, hearing on GAO Find- amine proposals to reform the Fair Labor Standards Act, ings on Superfund Clean-Up, 9 a.m., 2154 Rayburn. focusing on S. 4, to provide to private sector employees the same opportunities for time-and-a-half compensatory Committee on International Relations, Subcommittee on time off, biweekly work programs, and flexible credit Asia and the Pacific, hearing on Hong Kong’s Reversion hour programs as Federal employees currently enjoy to to the People’s Republic of China, 9:30 a.m., 2172 Ray- help balance the demands and needs of work and family, burn. to clarify the provisions relating to exemptions of certain Committee on National Security, hearing on threats to professionals from the minimum wage and overtime re- U.S. National Security, 10:30 a.m., 2118 Rayburn. quirements of the Fair Labor Standards Act of 1938, 2 Committee on Small Business, to hold an organizational p.m., SD–430. meeting, 10 a.m., 2359 Rayburn. Committee on Transportation and Infrastructure, to meet NOTICE for organizational purposes, 9 a.m., 2167 Rayburn. For a listing of Senate Committee Meetings sched- Subcommittee on Aviation, to continue hearings on uled ahead, see page E248 in today’s Record. Airlines’ Proposals to Establish User Fees for FAA Serv- ices, following full Committee meeting, 2167 Rayburn. House Committee on Veterans’ Affairs, to consider an oversight Committee on Appropriations, Subcommittee on Labor, plan for the 105th Congress and to hold a hearing on the Health and Human Services, and Education, on Centers Administration’s fiscal year 1998 budget, 9:30 a.m., 334 for Disease Control and Prevention, 10 a.m., and on Ad- Cannon. ministration for Children and Families and the Adminis- Committee on Ways and Means, Subcommittee on Health, tration on Aging, 2 p.m., 2358 Rayburn. hearing on Medicare provisions in the Administration’s Subcommittee on Legislative, on the Joint Committee budget, 9 a.m., 1100 Longworth. on Taxation, 1 p.m., H–144 Capitol. Subcommittee on Human Resources, hearing on the Subcommittee on National Security, executive, briefing Human Resource provisions of the fiscal year 1998 Ad- on World-Wide Intelligence, 10 a.m., H–140 Capitol. ministration’s budget, 11:30 a.m., B–318 Rayburn. D116 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, February 13 10 a.m., Thursday, February 13

Senate Chamber House Chamber Program for Thursday: Senate may consider any legisla- Program for Thursday: Consideration of H.J. Res. 36, tive and executive items cleared for consideration. approving the Presidential Finding Regarding the Popu- lation Planning Program (2 hours of general debate); and Consideration of H.R. 581, Family Planning Facilita- tion and Abortion Funding Restriction Act of 1997 (closed rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Kildee, Dale E., Mich., E225, E228 Schumer, Charles E., N.Y., E227, E228, E230 Knollenberg, Joe, Mich., E227, E229 Serrano, Jose´ E., N.Y., E239, E243, E245 Berman, Howard L., Calif., E225 Lantos, Tom, Calif., E236 Shuster, Bud, Pa., E232 Blunt, Roy, Mo., E235 Lucas, Frank D., Okla., E234 Skelton, Ike, Mo., E224 Canady, Charles T., Fla., E226 McCarthy, Karen, Mo., E233 Smith, Linda, Wash., E243 Coyne, William J., Pa., E241 Meek, Carrie P., Fla., E239 Spence, Floyd, S.C., E223 Crane, Philip M., Ill., E223 Mink, Patsy T., Hawaii, E224 Stark, Fortney Pete, Calif., E237, E241 Cubin, Barbara, Wyo., E239 Paul, Ron, Tex., E222 Stokes, Louis, Ohio, E235 Dellums, Ronald V., Calif., E229, E232 Pitts, Joseph R., Pa., E227 Stump, Bob, Ariz., E229 Duncan, John J., Jr., Tenn., E230 Rahall, Nick J. II, W. Va., E231 Torres, Esteban Edward, Calif., E230, E233 Gingrich, Newt, Ga., E221 Rangel, Charles B., N.Y., E229 Traficant, James A., Jr., Ohio, E226, E230 Goodlatte, Bob, Va., E245 Roemer, Tim, Ind., E227 Weller, Jerry, Ill., E228 Hamilton, Lee H., Ind., E222, E224, E227, E233, E235, Rogan, James E., Calif., E232 Weygand, Robert A., R.I., E237 E238, E240 Rogers, Harold, Ky., E234 Yates, Sidney R., Ill., E231 Harman, Jane, Calif., E244 Ros-Lehtinen, Ileana, Fla., E239 Young, Don, Alaska, E244 Inglis, Bob, S.C., E225 Rothman, Steve R., N.J., E233

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