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

Vol. 141 WASHINGTON, WEDNESDAY, FEBRUARY 22, 1995 No. 33 Senate The Senate met at 10:30 a.m. and was READING OF WASHINGTON’S that retirement from which I had been called to order by the President pro FAREWELL ADDRESS reluctantly drawn. The strength of my tempore [Mr. THURMOND]. The PRESIDENT pro tempore. Under inclination to do this, previous to the The PRESIDENT pro tempore. To- the order of the Senate of January 24, last election, had even led to the prepa- day’s prayer will be offered by our 1901, as modified on February 16, 1995, ration of an address to declare it to guest Chaplain, the Reverend Dr. Er- the Senator from Wyoming [Mr. THOM- you; but mature reflection on the then nest Gibson, pastor of the First Rising AS] is recognized to read Washington’s perplexed and critical posture of our Mount Zion Baptist Church, Wash- Farewell Address. affairs with foreign nations, and the ington, DC. Mr. THOMAS, at the rostrum, read unanimous advice of persons entitled the Farewell Address, as follows: to my confidence, impelled me to aban- don the idea. PRAYER To the people of the United States. I rejoice that the state of your con- FRIENDS AND FELLOW CITIZENS: The The guest Chaplain, the Reverend Dr. cerns external as well as internal, no period for a new election of a citizen to Ernest Gibson, pastor of First Rising longer renders the pursuit of inclina- administer the executive government Mount Zion Baptist Church, offered the tion incompatible with the sentiment of the United States being not far dis- following prayer: of duty or propriety; and am persuaded, tant, and the time actually arrived whatever partiality may be retained Let us pray: when your thoughts must be employed for my services, that in the present cir- This is the day the Lord hath made; we in designating the person who is to be cumstances of our country, you will will rejoice and be glad in it.—Psalm clothed with that important trust, it not disapprove my determination to re- 18:24. appears to me proper, especially as it tire. Heavenly Father, we thank You for may conduce to a more distinct expres- this day and the opportunity for serv- sion of the public voice, that I should The impressions with which I first ice that it offers. now apprise you of the resolution I undertook the arduous trust, were ex- plained on the proper occasion. In the We thank You, O God, for Your Sen- have formed, to decline being consid- discharge of this trust, I will only say ators, representatives of Your people. ered among the number of those, out of that I have, with good intentions, con- We thank You for their deep concern whom a choice is to be made. tributed towards the organization and for the welfare of this country. We ask I beg you, at the same time, to do me administration of the government, the Your guidance, O God, as this body the justice to be assured, that this res- best exertions of which a very fallible works with today’s responsibilities. olution has not been taken, without judgment was capable. Not unconscious May their decisions reflect Your will strict regard to all the considerations in the outset, of the inferiority of my for this Nation and its people. appertaining to the relation which binds a dutiful citizen to his country; qualifications, experience, in my own We thank You, O God, for our demo- and that, in withdrawing the tender of eyes, perhaps still more in the eyes of cratic Government. May the skill, service which silence in my situation others, has strengthened the motives knowledge, and commitment of this might imply, I am influenced by no to diffidence of myself; and, every day, elected body protect and preserve its diminution of zeal for your future in- the increasing weight of years admon- peace, liberty, and justice. terest; no deficiency of grateful respect ishes me more and more, that the May the joy of service always be with for your past kindness; but am sup- shade of retirement is as necessary to these, the representatives of Your peo- ported by a full conviction that the me as it will be welcome. Satisfied that ple. step is compatible with both. if any circumstances have given pecu- In the name of our Sovereign God, The acceptance of, and continuance liar value to my services they were Ruler of Men and Nation. Amen. hitherto in the office to which your temporary, I have the consolation to suffrages have twice called me, have believe that, while choice and prudence f been a uniform sacrifice of inclination invite me to quit the political scene, to the opinion of duty, and to a def- patriotism does not forbid it. erence for what appeared to be your de- In looking forward to the moment RESERVATION OF LEADER TIME sire. I constantly hoped that it would which is to terminate the career of my The PRESIDENT pro tempore. Under have been much earlier in my power, political life, my feelings do not permit the previous order, the leadership time consistently with motives which I was me to suspend the deep acknowledg- is reserved. not at liberty to disregard, to return to ment of that debt of gratitude which I

∑ 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 Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2908 CONGRESSIONAL RECORD — SENATE February 22, 1995 owe to my beloved country, for the different causes and from different will more and more find a valuable many honors it has conferred upon me; quarters much pains will be taken, vent for the commodities which it still more for the steadfast confidence many artifices employed, to weaken in brings from abroad, or manufactures at with which it has supported me; and your minds the conviction of this home. The west derives from the east for the opportunities I have thence en- truth; as this is the point in your polit- supplies requisite to its growth and joyed of manifesting my inviolable at- ical fortress against which the bat- comfort—and what is perhaps of still tachment, by services faithful and per- teries of internal and external enemies greater consequence, it must of neces- severing, though in usefulness unequal will be most constantly and actively sity owe the secure enjoyment of indis- to my zeal. If benefits have resulted to (though often covertly and insidiously) pensable outlets for its own produc- our country from these services, let it directed; it is of infinite movement, tions, to the weight, influence, and the always be remembered to your praise, that you should properly estimate the future maritime strength of the Atlan- and as an instructive example in our immense value of your national union tic side of the Union, directed by an in- annals, that under circumstances in to your collective and individual happi- dissoluble community of interest as which the passions, agitated in every ness; that you should cherish a cordial, one nation. Any other tenure by which direction, were liable to mislead habitual, and immovable attachment the west can hold this essential advan- amidst appearances sometimes dubi- to it; accustoming yourselves to think tage, whether derived from its own sep- ous, vicissitudes of fortune often dis- and speak of it as of the palladium of arate strength; or from an apostate and couraging—in situations in which not your political safety and prosperity; unnatural connection with any foreign unfrequently, want of success has watching for its preservation with jeal- power, must be intrinsically precar- countenanced the spirit of criticism,— ous anxiety; discountenancing what- ious. the constancy of your support was the ever may suggest even a suspicion that While then every part of our country essential prop of the efforts, and a it can, in any event, be abandoned; and thus feels an immediate and particular guarantee of the plans, by which they indignantly frowning upon the first interest in union, all the parts com- were effected. Profoundly penetrated dawning of every attempt to alienate bined cannot fail to find in the united with this idea, I shall carry it with me any portion of our country from the mass of means and efforts, greater to my grave, as a strong incitement to rest, or to enfeeble the sacred ties strength, greater resource proportion- unceasing vows that heaven may con- which now link together the various ably greater security from external tinue to you the choicest tokens of its parts. danger, a less frequent interruption of beneficence—that your union and For this you have every inducement their peace by foreign nations; and, brotherly affection may be perpetual— of sympathy and interest. Citizens by what is of inestimable value, they must that the free constitution, which is the birth, or choice, of a common country, derive from union, an exemption from work of your hands, may be sacredly that country has a right to concentrate those broils and wars between them- maintained—that its administration in your affections. The name of American, selves, which so frequently afflict every department may be stamped with which belongs to you in your national neighboring countries not tied together wisdom and virtue—that, in fine, the capacity, must always exalt the just by the same government; which their happiness of the people of these states, pride of patriotism, more than any ap- own rivalship alone would be sufficient under the auspices of liberty, may be pellation derived from local discrimi- to produce, but which opposite foreign made complete by so careful a preser- nations. With slight shades of dif- alliances, attachments, and intrigues, vation, and so prudent a use of this ference, you have the same religion, would stimulate and embitter.—Hence blessing, as will acquire to them the manners, habits, and political prin- likewise, they will avoid the necessity glory of recommending it to the ap- ciples. You have, in a common cause, of those overgrown military establish- plause, the affection and adoption of fought and triumphed together; the ments, which under any form of gov- every nation which is yet a stranger to independence and liberty you possess, ernment are inauspicious to liberty, it. are the work of joint counsels, and and which are to be regarded as par- Here, perhaps, I ought to stop. But a joint efforts, of common dangers, ticularly hostile to republican liberty. solicitude for your welfare, which can- sufferings and successes. In this sense it is, that your union not end but with my life, and the ap- But these considerations, however ought to be considered as a main prop prehension of danger, natural to that powerfully they address themselves to of your liberty, and that the love of the solicitude, urge me, on an occasion like your sensibility, are greatly out- one ought to endear to you the preser- the present, to offer to your solemn weighed by those which apply more im- vation of the other. contemplation, and to recommend to mediately to your interest.—Here, These considerations speak a persua- your frequent review, some sentiments every portion of our country finds the sive language to every reflecting and which are the result of much reflec- most commanding motives for care- virtuous mind, and exhibit the continu- tion, of no inconsiderable observation, fully guarding and preserving the ance of the union as a primary object and which appear to me all important union of the whole. of patriotic desire. Is there a doubt to the permanency of your felicity as a The north, in an unrestrained inter- whether a common government can people. These will be offered to you course with the south, protected by the embrace so large a sphere? let experi- with the more freedom, as you can only equal laws of a common government, ence solve it. To listen to mere specu- see in them the disinterested warnings finds in the productions of the latter, lation in such a case were criminal. We of a parting friend, who can possibly great additional resources of maritime are authorized to hope that a proper have no personal motive to bias his and commercial enterprise, and pre- organization of the whole, with the counsel. Nor can I forget, as an encour- cious materials of manufacturing in- auxiliary agency of governments for agement to it, your indulgent recep- dustry.—The south, in the same inter- the respective subdivisions, will afford tion of my sentiments on a former and course, benefiting by the same agency a happy issue to the experiment. It is not dissimilar occasion. of the north, sees its agriculture grow well worth a fair and full experiment. Interwoven as is the love of liberty and its commerce expand. Turning With such powerful and obvious mo- with every ligament of your hearts, no partly into its own channels the sea- tives to union, affecting all parts of our recommendation of mine is necessary men of the north, it finds its particular country, while experience shall not to fortify or confirm the attachment. navigation invigorated; and while it have demonstrated its imprac- The unity of government which con- contributes, in different ways, to nour- ticability, there will always be reason stitutes you one people, is also now ish and increase the general mass of to distrust the patriotism of those who, dear to you. It is justly so; for it is a the national navigation, it looks for- in any quarter, may endeavor to weak- main pillar in the edifice of your real ward to the protection of a maritime en its hands. independence; the support of your tran- strength, to which itself is unequally In contemplating the causes which quility at home: your peace abroad; of adapted. The east, in a like intercourse may disturb our Union, it occurs as your safety; of your prosperity; of that with the west, already finds, and in the matter of serious concern, that any very liberty which you so highly prize. progressive improvement of interior ground should have been furnished for But, as it is easy to foresee that, from communications by land and water, characterizing parties by geographical

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2909 discriminations,—northern and south- ment, presupposes the duty of every in- I have already intimated to you the ern—Atlantic and western; whence de- dividual to obey the established gov- danger of parties in the state, with par- signing men may endeavor to excite a ernment. ticular references to the founding them belief that there is a real difference of All obstructions to the execution of on geographical discrimination. Let me local interests and views. One of the the laws, all combinations and associa- now take a more comprehensive view, expedients of party to acquire influ- tions under whatever plausible char- and warn you in the most solemn man- ence within particular districts, is to acter, with the real design to direct, ner against the baneful effects of the misrepresent the opinions and aims of control, counteract, or awe the regular spirit of party generally. other districts. You cannot shield deliberations and action of the con- This spirit, unfortunately, is insepa- yourself too much against the stituted authorities, are destructive of jealousies and heart burnings which this fundamental principle, and of fatal rable from our nature, having its root spring from these misrepresentations: tendency.—They serve to organize fac- in the strongest passions of the human they tend to render alien to each other tion, to give it an artificial and ex- mind.—It exists under different shapes those who ought to be bound together traordinary force, to put in the place of in all governments, more or less sti- by fraternal affection. The inhabitants the delegated will of the nation the fled, controlled, or repressed; but in of our western country have lately had will of party, often a small but artful those of the popular form it is seen in a useful lesson on this head: they have and enterprising minority of the com- its greatest rankness, and is truly their seen, in the negotiation by the execu- munity; and, according to the alter- worst enemy. tive, and in the unanimous ratification nate triumphs of different parties, to The alternate domination of one fac- by the senate of the treaty with Spain, make the public administration the tion over another, sharpened by the and in the universal satisfaction at the mirror of the ill concerted and incon- spirit of revenge natural to party dis- gruous projects of faction, rather than event throughout the United States, a sension, which in different ages and the organ of consistent and wholesome decisive proof how unfounded were the countries has perpetrated the most plans digested by common councils, suspicions propagated among them of a horrid enormities, is itself a frightful policy in the general government and and modified by mutual interests. However combinations or associa- despotism.—But this leads at length to in the Atlantic states, unfriendly to a more formal and permanent des- their interests in regard to the Mis- tions of the above description may now and then answer popular ends, they are potism. The disorders and miseries sissippi. They have been witnesses to which result, gradually incline the the formation of two treaties, that likely, in the course of time and things, to become potent engines, by minds of men to seek security and with Great Britain and that with which cunning, ambitious, and unprin- repose in the absolute power of an indi- Spain, which secure to them every- cipled men, will be enable to subvert vidual; and, sooner or later, the chief of thing they could desire, in respect to the power of the people, and to usurp some prevailing faction, more able or our foreign relations, towards con- for themselves the reigns of govern- more fortunate than his competitors, firming their prosperity. Will it not be ment; destroying afterwards the very turns this disposition to the purpose of their wisdom to rely for the preserva- engines which have lifted them to un- his own elevation on the ruins of public tion of these advantages on the union just dominion. liberty. by which they were procured? will they Towards the preservation of your Without looking forward to an ex- not henceforth be deaf to those advis- government and the permanency of tremity of this kind, (which neverthe- ers, if such they are, who would sever your present happy state, it is req- less ought not to be entirely out of them from their brethren and connect uisite, not only that you steadily dis- sight) the common and continual mis- them with aliens? countenance irregular opposition to its chiefs of the spirit of party are suffi- To the efficacy and permanency of acknowledged authority, but also that cient to make it in the interest and your Union, a government for the you resist with care the spirit of inno- whole is indispensable. No alliances, vation upon its principles, however spe- duty of a wise people to discourage and however strict, between the parts can cious the pretext. One method of as- restrain it. be an adequate substitute; they must sault may be to effect, in the forms of It serves always to distract the pub- inevitably experience the infractions the constitution, alterations which will lic councils, and enfeeble the public ad- and interruptions which all alliances, impair the energy of the system; and ministration. It agitates the commu- in all times, have experienced. Sensible thus to undermine what cannot be di- nity with ill founded jealousies and of this momentous truth, you have im- rectly overthrown. In all the changes false alarms; kindles the animosity of proved upon your first essay, by the to which you may be invited, remem- one part against another; forments oc- adoption of a constitution of govern- ber that time and habit are at least as casional riot and insurrection. It opens ment, better calculated than your necessary to fix the true character of the door to foreign influence and cor- former, for an intimate union, and for governments, as of other human insti- ruption, which finds a facilitated ac- the efficacious management of your tutions:—that experience is the surest cess to the government itself through common concerns. This government, standard by which to test the real the channels of party passions. Thus the offspring of our own choice, tendency of the existing constitution the policy and the will of one country uninfluenced and unawed, adopted of a country:—that facility in changes, are subjected to the policy and will of upon full investigation and mature de- upon the credit of mere hypothesis and another. liberation, completely free in its prin- opinion, exposes to perpetual change ciples, in the distribution of its powers, from the endless variety of hypothesis There is an opinion that parties in uniting security with energy, and con- and opinion: and remember, especially, free countries are useful checks upon taining within itself a provision for its that for the efficient management of the administration of the government, own amendment, has a just claim to your common interests in a country so and serve to keep alive the spirit of lib- your confidence and your support. Re- extensive as ours, a government of as erty. This within certain limits is prob- spect for its authority, compliance much vigor as is consistent with the ably true; and in governments of a with its laws, acquiescence in its meas- perfect security of liberty is indispen- monarchial cast, patriotism may look ures, are duties enjoined by the funda- sable. Liberty itself will find in such a with indulgence, if not with favor, mental maxims of true liberty. The government, with powers properly dis- upon the spirit of party. But in those of basis of our political systems is the tributed and adjusted, its surest guard- the popular character, in governments right of the people to make and to ian. It is, indeed, little else than a purely elective, it is a spirit not to be alter their constitutions of govern- name, where the government is too fee- encouraged. From their natural tend- ment.—But the constitution which at ble to withstand the enterprises of ency, it is certain there will always be any time exists, until changed by an fraction, to confine each member of the enough of that spirit for every salutary explicit and authentic act of the whole society within the limits prescribed by purpose. And there being constant dan- people, is sacredly obligatory upon all. the laws, and to maintain all in the se- ger of excess, the effort ought to be, by The very idea of the power, and the cure and tranquil enjoyment of the force of public opinion, to mitigate and right of the people to establish govern- rights of person and property. assuage it. A fire not to be quenched, it

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2910 CONGRESSIONAL RECORD — SENATE February 22, 1995 demands a uniform vigilance to pre- Promote, then, as an object of pri- from its duty and its interest. Antip- vent it bursting into a flame, lest in- mary importance, institutions for the athy in one nation against another, stead of warming, it should consume. general diffusion of knowledge. In pro- disposes each more readily to offer in- It is important likewise, that the portion as the structure of a govern- sult and injury, to lay hold of slight habits of thinking in a free country ment gives force to public opinion, it causes of umbrage, and to be haughty should inspire caution in those should be enlightened. and intractable when accidental or tri- intrusted with its administration, to As a very important source of fling occasions of dispute occur. confine themselves within their respec- strength and security, cherish public Hence, frequent collisions, obstinate, tive constitutional spheres, avoiding in credit. One method of preserving it is envenomed, and bloody contests. The the exercise of the powers of one de- to use it as sparingly as possible, nation, prompted by ill will and resent- partment, to encroach upon another. avoiding occasions of expense by culti- ment, sometimes impels to war the The spirit of encroachment tends to vating peace, but remembering, also, government, contrary to the best cal- consolidate the powers of all the de- that timely disbursements, to prepare culations of policy. The government partments in one, and thus to create, for danger, frequently prevent much sometimes participates in the national whatever the form of government, a greater disbursements to repel it; propensity, and adopts through passion real despotism. A just estimate of that avoiding likewise the accumulation of what reason would reject; at other love of power and proneness to abuse it debt, not only by shunning occasions of times, it makes the animosity of the which predominate in the human expense, but by vigorous exertions, in nation’s subservient to projects of hos- heart, is sufficient to satisfy us of the time of peace, to discharge the debts tility, instigated by pride, ambition, truth of this position. The necessity of which unavoidable wars may have oc- and other sinister and pernicious mo- reciprocal checks in the exercise of po- casioned, not ungenerously throwing tives. The peace often, sometimes per- litical power, by dividing and distrib- upon posterity the burden which we haps the liberty of nations, has been uting it into different depositories, and ourselves ought to bear. The execution the victim. constituting each the guardian of the of these maxims belongs to your rep- So likewise, a passionate attachment public weal against invasions of the resentatives, but it is necessary that of one nation for another produces a others, has been evinced by experi- public opinion should co-operate. To variety of evils. Sympathy for the fa- ments ancient and modern: some of facilitate to them the performance of vorite nation, facilitating the illusion them in our country and under our own their duty, it is essential that you of an imaginary common interest, in eyes.—To preserve them must be as should practically bear in mind, that cases where no real common interest necessary as to institute them. If, in towards the payment of debts there exists, and infusing into one the enmi- the opinion of the people, the distribu- must be revenue; that to have revenue ties of the other, betrays the former tion or modification of the constitu- there must be taxes; that no taxes can into a participation in the quarrels and tional powers be in any particular be devised which are not more or less wars of the latter, without adequate in- wrong, let it be corrected by an amend- inconvenient and unpleasant; that the ducements or justifications. It leads ment in the way which the constitu- intrinsic embarrassment inseparable also to concessions, to the favorite na- tion designates.—But let there be no from the selection of the proper object tion, or privileges denied to others, change by usurpation; for through this, (which is always a choice of difficul- which is apt doubly to injure the na- in one instance, may be the instrument ties), ought to be a decisive motive for tion making the concessions, by unnec- of good, it is the customary weapon by a candid construction of the conduct of essarily parting with what ought to which free governments are destroyed. the government in making it, and for a have been retained, and by exciting The precedent must always greatly spirit of acquiescence in the measures jealously, ill will, and a disposition to overbalance in permanent evil, any for obtaining revenue, which the public retaliate in the parties from whom partial or transient benefit which the exigencies may at any time debate. equal privileges are withheld; and it use can at any time yield. Observe good faith and justice to- gives to ambitious, corrupted or de- Of all the dispositions and habits wards all nations; cultivate peace and luded citizens who devote themselves which lead to political prosperity, reli- harmony with all. Religion and moral- to the favorite nation, facility to be- gion and morality are indispensable ity enjoin this conduct, and can it be tray or sacrifice the interests of their supports. In vain would that man claim that good policy does not equally en- own country, without odium, some- the tribute of patriotism, who should join it? It will be worthy of a free, en- times even with popularity; gilding labor to subvert these great pillars of lightened, and, at no distant period, a with the appearances of virtuous sense human happiness, these firmest props great nation, to give to mankind the of obligation, a commendable deference of the duties of men and citizens. The magnanimous and too novel example of for public opinion, or a laudable zeal mere politician, equally with the pious a people always guided by an exalted for public good, the base or foolish man, ought to respect and to cherish justice and benevolence. Who can doubt compliances of ambition, corruption, them. A volume could not trace all but, in the course of time and things, or infatuation. their connections with private and pub- the fruits of such a plan would richly As avenues to foreign influence in in- lic felicity. Let it simply be asked, repay any temporary advantages which numerable ways, such attachments are where is the security for property, for might be lost by a steady adherence to particularly alarming to the truly en- reputation, for life, if the sense of reli- it; can it be that Providence has not lightened and independent patriot. How gious obligation desert the oaths which connected the permanent felicity of a many opportunities do they afford to are the instruments of investigation in nation with its virtue? The experiment, tamper with domestic factions, to prac- courts of justice? and let us with cau- at least, is recommended by every sen- tice the arts of seduction, to mislead tion indulge the supposition that mo- timent which ennobles human nature. public opinion, to influence or awe the rality can be maintained without reli- Alas! is it rendered impossible by its public councils!—Such an attachment gion. Whatever may be conceded to the vices? of a small or weak, towards a great and influence of refined education on minds In the execution of such a plan, noth- powerful nation, dooms the former to of peculiar structure, reason and expe- ing is more essential than that perma- be the satellite of the latter. rience both forbid us to expect, that nent, inveterate antipathies against Against the insidious wiles of foreign national morality can prevail in exclu- particular nations and passionate at- influence, (I conjure you to believe me sion of religious principle. tachment for others, should be ex- fellow citizens,) the jealousy of a free It is substantially true, that virtue cluded; and that, in place of them, just people ought to be constantly awake; or morality is a necessary spring of and amicable feelings towards all since history and experience prove, popular government. The rule, indeed, should be cultivated. The nation which that foreign influence is one of the extends with more or less force to indulges towards another an habitual most baneful foes of republican govern- every species of free government. Who hatred, or an habitual fondness, is in ment. But that jealously, to be useful, that is a sincere friend to it can look some degree a slave. It is a slave to its must be impartial, else it becomes the with indifference upon attempts to animosity, or to its affection, either of instrument of the very influence to be shake the foundation of the fabric? which is sufficient to lead it astray avoided, instead of a defense against it.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2911 Excessive partiality for one foreign na- ther seeking nor granting exclusive fa- The considerations which respect the tion and excessive dislike for another, vors or preferences; consulting the nat- right to hold this conduct, it is not cause those whom they actuate to see ural course of things; diffusing and di- necessary on this occasion to detail. I danger only on one side, and serve to versifying by gentle means the streams will only observe that, according to my veil and even second the arts of influ- of commerce, but forcing nothing; es- understanding of the matter, that ence on the other. Real patriots, who tablishing with powers so disposed, in right, so far from being denied by any may resist the intrigues of the favor- order to give trade a stable course, to of the belligerent powers, has been vir- ite, are liable to become suspected and define the rights of our merchants, and tually admitted by all. odious; while its tools and dupes usurp to enable the government to support The duty of holding a neutral con- the applause and confidence of the peo- them, conventional rules of inter- duct may be inferred, without any ple, to surrender their interests. course, the best that present cir- thing more, from the obligation which The great rule of conduct for us, in cumstances and mutual opinion will justice and humanity impose on every regard to foreign nations, is, in extend- permit, but temporary, and liable to be nation, in cases in which it is free to ing our commercial relations, to have from time to time abandoned or varied act, to maintain inviolate the relations with them as little political connection as experience and circumstances shall of peace and amity towards other na- as possible. So far as we have already dictate; constantly keeping in view, tions. formed engagements, let them be ful- that it is folly in one nation to look for The inducements of interest for ob- filled with perfect good faith:—Here let disinterested favors from another; that serving that conduct will best be re- us stop. is must pay with a portion of its inde- ferred to your own reflections and ex- Europe has a set of primary inter- pendence for whatever it may accept perience. With me, a predominant mo- ests, which to us have none, or a very under that character; that by such ac- tive has been to endeavor to gain time remote relation. Hence, she must be ceptance, it may place itself in the to our country to settle and mature its engaged in frequent controversies, the condition of having given equivalents yet recent institutions, and to causes of which are essentially foreign for nominal favors, and yet of being re- progress, without interruption, to that to our concerns. Hence, therefore, it proached with ingratitude for not giv- degree of strength, and consistency must be unwise in us to implicate our- ing more. There can be no greater error which is necessary to give it, humanly selves, by artificial ties, in the ordi- than to expect, or calculate upon real speaking, the command of its own for- nary vicissitudes of her politics, or the favors from nation to nation. It is an tunes. ordinary combinations and collisions of illusion which experience must cure, Though in reviewing the incidents of her friendships or enmities. which a just pride ought to discard. my administration, I am unconscious Our detached and distant situation In offering to you, my countrymen, of intentional error, I am nevertheless invites and enables us to pursue a dif- these counsels of an old and affec- too sensible of my defects not to think ferent course. If we remain one people, tionate friend, I dare not hope they it probable that I may have committed under an efficient government, the pe- will make the strong and lasting im- many errors. Whatever they may be, I riod is not far off when we may defy pression I could wish; that they will fervently beseech the Almighty to material injury from external annoy- control the usual current of the pas- avert or mitigate the evils to which ance; when we may take such an atti- sions, or prevent our nation from run- they may tend. I shall also carry with tude as will cause the neutrality we ning the course which has hitherto me the hope that my country will may at any time resolve upon, to be marked the destiny of nations, but if I never cease to view them with indul- scrupulously respected; when bellig- may even flatter myself that they may gence; and that, after forty-five years erent nations, under the impossibility be productive of some partial benefit, of my life dedicated to its service, with of making acquisitions upon us, will some occasional good; that they may an upright zeal, the faults of incom- not lightly hazard the giving us provo- now and then recur to moderate the petent abilities will be consigned to ob- cation, when we may choose peace or fury of party spirit, to warn against livion, as myself must soon be to the war, as our interest, guided by justice, the mischiefs of foreign intrigue, to mansions of rest. shall counsel. guard against the impostures of pre- Relying on its kindness in this as in Why forego the advantages of so pe- tended patriotism; this hope will be a other things, and actuated by that fer- culiar a situation? Why quit our own to full recompense for the solicitude for vent love towards it, which is so nat- stand upon foreign ground? Why, by your welfare by which they have been ural to a man who views in it the na- interweaving our destiny with that of dictated. tive soil of himself and his progenitors any part of Europe, entangle our peace How far, in the discharge of my offi- for several generations; I anticipate and prosperity in the toils of European cial duties, I have been guided by the with pleasing expectation that in ambition, rivalship, interest, humor, or principles which have been delineated, which I promise myself to realize, caprice? the public records and other evidences without alloy, the sweet enjoyment of It is our true policy to steer clear of of my conduct must witness to you and partaking, in the midst of my fellow permanent alliance with any portion of to the world. To myself, the assurance citizens, the benign influence of good the foreign world; so far, I mean, as we of my own conscience is, that I have, at laws under a free government—the ever are now at liberty to do it; for let me least, believed myself to be guided by favorite object of my heart, and the not be understood as capable of patron- them. happy reward, as I trust, of our mutual izing infidelity to existing engage- In relation to the still subsisting war cares, labors and dangers. ments. I hold the maxim no less appli- in Europe, my proclamation of the 22d GEO. WASHINGTON. cable to public than private affairs, of April, 1793, is the index to my plan. UNITED STATES, that honesty is always the best policy. Sanctioned by your approving voice, 17th September, 1796. I repeat it, therefore, let those engage- and by that of your representatives in f ments be observed in their genuine both houses of congress, the spirit of sense. But in my opinion, it is unneces- that measure has continually governed BALANCED BUDGET AMENDMENT sary, and would be unwise to extend me, uninfuenced by any attempts to TO THE CONSTITUTION them. deter or divert me from it. The PRESIDING OFFICER (Mr. Taking care always to keep ourselves After deliberate examination, with SANTORUM). The Senate will now re- by suitable establishments, on a re- the aid of the best lights I could ob- sume consideration of House Joint Res- spectable defensive posture, we may tain, I was well satisfied that our coun- olution 1, which the clerk will report. safely trust to temporary alliances for try, under all the circumstances of the The assistant legislative clerk read extraordinary emergencies. case, had a right to take, and was as follows: Harmony, and a liberal intercourse bound, in duty and interest, to take a A joint resolution (H.J. Res. 1) proposing a with all nations, are recommended by neutral position. Having taken it, I de- balanced budget amendment to the Constitu- policy, humanity, and interest. But termined, as far as should depend upon tion of the United States. even our commercial policy should me, to maintain it with moderation, The Senate resumed consideration of hold an equal and impartial hand; nei- perseverance and firmness. the joint resolution.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2912 CONGRESSIONAL RECORD — SENATE February 22, 1995 Mr. HATCH addressed the Chair. in the psychology of the budget proc- fiscal order that have developed in this The PRESIDING OFFICER (Mr. ess. Under the present system, each country in recent decades. It is a fiscal KYL). The Senator from Utah [Mr. spending interest, in effect, competes order in which Members of Congress HATCH] is recognized. with the taxpayers to raise the total have every political incentive to spend Mr. HATCH. Mr. President, we are ante in the Federal treasury. money and almost no incentive to fore- continuing the balanced budget amend- Under a system, however, in which go such spending. It is a fiscal order in ment debate, and I am happy that we some form of spending ceiling is in ef- which spending decisions have become will have a final vote next Tuesday, the fect, these same interests suddenly will increasingly divorced from the avail- 28th—at some time probably later in be competing with one another in order ability of revenues. the day that day, because we will be to ensure themselves a certain portion The balanced budget amendment stacking votes following the 2:15 return of a fixed ante in the Federal treasury. seeks to restore Government account- from our weekly meeting breaks. Not only will spending interests have Mr. President, the proposed constitu- ability for spending and taxing deci- to convince Congress that their favored sions by forcing Congress to prioritize tional amendment will help us to end programs merit funding at a certain this dangerous deficit habit in a way spending projects within the available level, but they will, in addition, have resources and by requiring tax in- that past efforts have not. It will do to establish the priority of their pro- this by correcting a bias in the present creases to be done on the record. In grams. this way, Congress will be accountable political process which favors ever-in- A spending ceiling comprised of creasing levels of Federal Government to the people who pay for the programs something beyond mere congressional and the American people—including spending. self-restraint will force Members of In seeking to reduce the spending the future generations who must pay Congress to view spending requests in for our debts—will be represented in a bias in our present system—the unlim- terms of relative desirability, not sim- ited availability of deficit spending— way they are not now. Congress will be ply in terms of whether or not a pro- forced to justify its spending and tax- the major purpose of House Joint Reso- gram is desirable at all, which is cur- lution 1 is to ensure that, under normal ing decisions as the Framers intended, rently our rule. It is safe to conclude, but as Congress no longer does. No circumstances, votes by Congress for I believe, that every program author- increased spending will be accompanied longer can Congress just say yes to ized by Congress is considered impor- every special interest group and shove either by votes to reduce other spend- tant and desirable, or it would not have ing programs, or to increase taxes to the costs onto our children or pretend passed into law in the first place. Pre- pay for such programs. For the first that there are no costs. Every spending sumably, we do not pass bills that no time since the abandonment of our his- decision will be forced to compete with one wants at all. others and subjected to rigorous cost/ torical norm of balanced budgets, Con- The balanced budget amendment, benefit analysis. gress will be required to cast a politi- however, will introduce an element of cally difficult vote as a precondition to competition among the spending inter- Mr. President, this is the essence of a politically attractive vote to increase ests into the budget process. Congress responsible fiscal decisionmaking, and spending. will be forced to look at the whole is the essence of the balanced budget Section 1 of the proposed amendment spending pie, not just a piece of it. amendment. would address the spending bias—un- In summary, the purpose of House limited access by Members of Congress Mr. President, we have just heard the Joint Resolution 1 is to eliminate a po- to deficit spending—by requiring a address of our first President of the litical process that allows Members to three-fifths vote of each House of Con- United States, which we have read to avoid having to vote for higher taxes in gress before the Federal Government us on an annual basis during the time order to pay for higher spending and to could engage in such spending. we celebrate Washington’s birthday. Such a procedure would not prohibit establish a more genuinely neutral en- I have to say, Mr. President, that deficit spending, but would simply re- vironment within which the budget that first President, as well as most all establish, as a norm, a budget in bal- competition occurs. The proposed subsequent Presidents, would not be- ance rather than one in deficit. A con- amendment does not define what con- lieve what is going on today with re- sensus greater than a normal majority stitutes or what does not constitute a gard to our taxing and spending poli- would be required to violate this norm. responsible budget, but only defines cies. They would not believe that for 26 Unless such a consensus exists, Con- the institutional framework within straight years, we have failed to bal- gress would be bound in its spending by which such budgets could be put to- ance the budget. They would not be- its available revenues and would be gether. lieve that we have put our country into It is a necessary and appropriate step forced to account for new spending in almost $5 trillion of debt, and they toward putting our fiscal house in one program or budget area by either would not believe that a current Presi- order. reduced spending in another area or by dent would have submitted a budget increased taxes. The political advan- ACCOUNTABILITY that has approximately a $200 billion tages resulting from support for new While it is true that much of the deficit for each of the next 12 years. spending then would be matched, at enormous growth in Federal Govern- They would not believe that we are least to some degree, by countervailing ment spending over the past two dec- spending and taxing the American peo- political disadvantages. ades may be a response to evolving no- ple the way we are. Section 4 of the proposed amendment tions of the role of the public sector on would reinforce section 1 and further the part of the American citizenry— They expected that perhaps, during link tax spending and tax raising by re- that is, a genuine shift in the will and times of war or during times of severe quiring both Houses of Congress to ap- desire of the people—it is my conten- recession or depression, that there prove any bill to increase revenues by tion that a substantial part of this might be some deficits run. But they a constitutional majority. While sec- growth stems from far less benign fac- never expected, at the Founding, that tion 1 would ensure, as a norm, that tors. we would run deficits every year for 26 Federal spending is matched by Fed- In short, the American political proc- straight years, and for most of the last eral revenues, section 4 would ensure ess is defective insofar as it is skewed 60 years. I think some of them must be that such revenues are not raised with- toward artificially high levels of spend- rolling over in their graves. out political accountability for Mem- ing, that is, levels of spending that do This is a chance for us—because the bers of Congress. It would also make it not result from a genuine will and de- House of Representatives for the first less likely that the budget would be sire on the part of the people. It is time in history has passed a balanced regularly balanced by increasingly skewed in part because the people often budget amendment, essentially the high levels of taxation. This balanced do not have complete information same one that we called up in 1982 and budget amendment, then, is a spending about the cost of programs or about 1986 and last year—to follow suit and limit/tax limit resolution. the potential for cost growth of many for the first time in history submit a As a result, House Joint Resolution 1 programs. It is skewed in this direction balanced budget amendment to the effects a subtle, but important, change because of the characteristics of the States for their ratification. It is worth

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2913 the effort. It is worth the pain. It is Industrialism brought with it a busi- a long time to get monetary policy, but something we simply must do. ness cycle which was baffling. People we could not think about it until we Eighty percent of the American peo- could not understand how one day ev- had an instrument to do it. ple realize it. We just need 67 percent of erybody is at work and a year later ev- There was also a big drop in GDP in the U.S. Senate to realize it and vote erybody is out of work. And unlike the 1946, but that was merely associated for it. farm—where you are always working with the conversion from a wartime Mr. President, I urge my colleagues whether you are making much or you economy. We stopped building battle- in the strongest terms to support this are starving or not—the unemployed ships, which are part of GDP, and down constitutional amendment to help us were standing on street corners. The went the economy, and in no time you to restore sound government to the banks were closed, industries are building Chevrolets and up went American people. I think it is the only padlocked their gates, all sorts of sym- the economy. way we are going to get there and it is bolisms of trouble, disorder, insta- Now, the depression of the 1930’s was the only way we can protect the future bility, which indeed gave rise to hugely the great trauma of American cap- or even have a future of any great radical assertions about the need to italism, of free enterprise, and all over value for our children and grand- change the very structure of property, the world political movements came to children. We owe it to them. of management, of the social order. power that said it could not work; fas- This is an important vote. It is prob- In a chart which I displayed for the cism in Germany; Leninism, Marxism, ably the single most important vote of Senate on Monday a week ago, I and similar movements pervaded every this century. All we need are 67 of showed the real growth, the change of country, not least our own. Their com- those who sit in this hallowed body to GDP that had taken place between 1890 mon refrain: this system—capitalism— stand up and say, ‘‘We’ve had it. We’ve and 1990. This data, Mr. President, is does not work. had enough. We’re going to do some- provided by the Department of Com- If we could look at these swings, we thing about it.’’ It is a bipartisan reso- merce, the Bureau of Economic Anal- could say there is a case to be made; lution. It is a Democrat and Repub- ysis, and the chart was prepared by the human beings had never experienced lican resolution. It has been hammered Joint Economic Committee. this. But, if we could go back to mil- out between both sides. It is the first It is striking the way in which eco- lennia, we would see a rise and fall in time in history we can do it, and we nomic growth goes up, crashes down; the economic production associated are going to do something about it. So up, down; up, crashes down; swoops up, with how good the crops were, did it I urge my colleagues to join with us in down. rain, was it a wet spring. If the Mon- passing this balanced budget amend- In the period between 1890 and 1938, gols invaded, there was not much in ment on to the people in the States to which we will call a half century, the the way of economic growth in Hun- ratify it as part of the Constitution. real GDP dropped almost 5 percent on gary that year. If the Black Death Mr. President, I suggest the absence three occasions: in 1893, in 1914, and in came along, it would have some effect, of a quorum. 1938. The exact numbers: 1893, 4.89 per- but not much. There was not much The PRESIDING OFFICER. The cent; 1914, 4.4 percent; and 1938, 5.1 per- growth to begin with. Only with indus- clerk will call the roll. cent; the 1938 date being well remem- trialism came great ups and downs, and The assistant legislative clerk pro- bered as the occasion in which Presi- people started saying that this will not ceeded to call the roll. dent Roosevelt, the New Deal seeming work. Mr. MOYNIHAN. Mr. President, I ask to have revived the economy some- Then in the middle of the 1930’s, the unanimous consent that the order for what, crashed down again regardless. work which we associate with John the quorum call be rescinded. Then on two occasions the GDP Maynard Keynes was done which hit The PRESIDING OFFICER (Mr. dropped almost 10 percent. In 1908 it upon the key explanation of what was THOMPSON). Without objection, it is so dropped 8.2 percent; in 1921 it dropped taking place. Classical economics held ordered. 8.7 percent. Then in 1932, as we know, it that ‘‘all markets clear.’’ That, Mr. Mr. MOYNIHAN. Mr. President, I crashed 14.8 percent and we went into President, is a technical term. It have some good news and good news for the Great Depression, a period which means that whatever is offered for sale the Senate. put at issue the question of whether a will be bought—at a price, not nec- I can report—and I know that my dis- liberal, capitalist economy could con- essarily what the seller would wish. tinguished friend, our President pro tinue to exist. It was said that obvi- But, Mr. President, wages will drop, tempore in time and my very dear ously it cannot. It cannot provide sta- prices will drop, and markets will clear friend, the chairman of the Judiciary bility in the economy and cannot pro- and there will be full employment and Committee, will want to know—that I vide for its people. full utilization of resources. have just returned from Phoenix, AZ, I mention these occasions—three Economists were able to show that where I had the honor to deliver the times we dropped 5 percent or near to, not necessarily. We could reach an Goldwater Lecture at Arizona State twice 10 percent, once 15 percent in a equilibrium in which a large public of University. I can report that Senator half century. We do not drop from a men were out of work, a large number Goldwater is in great spirits, thriving, zero level; we go down from heights. of plants closed, a large number of active, and irreverent, as usual. So, for example, in 1893, we were grow- mines were not operating. What clas- I do not want to get any politics into ing at about 12 percent a year in GDP, sical economics could not account for, this matter, but just now it is the Re- and in an instant real growth has suddenly, was explicable. We began, fi- publicans in Arizona who are mad at dropped below zero to 4.8 percent, a nally, to break the code of the business him. But, no doubt, those reversals will 15-, 16-, 17-percent plunge. It was cycle. And it is a nice piece of informa- come and go, as they have always done known as the panic of 1893. People were tion, if I may say. in his wonderful long and still very cre- thrown into the streets. The first use of this economics, ative life. Then in 1908, for no reason that any which was associated with the idea of The other thing to say is that I gave person understood and nothing the underconsumption, you had to stimu- the lecture on the subject of the mat- Government could do—our Government late consumption, first use was made ter before us, a balanced budget amend- was too small to make much difference in World War II when the problem was ment, and trying to relate, as I have in the affairs of the economy at large. overconsumption. And price levels done on the floor earlier, the extraor- We had no national banking system. came down in World War II. In 1944, the dinary achievement which we have had The Reserve had not yet been created inflation rate was 2.2 percent. Not bad. in this country and to a considerable by Carter Glass in this Chamber. Of the But Government controlled, to be sure. degree the members of the OECD, the great issue of the 19th century, of all And then they broke up in 1945. Western industrial nations, Japan, and the great issues we struggled with, the In 1946, with this information at hand others, in modulating to a degree that only one we never resolved in the 19th beginning to be understood, beginning they have almost disappeared, those century was the issue of the banking to be numerate, we started to be able huge swings in the economy that seem system. So there was no Federal Re- to get numbers for these things. We did to be destabilizing the industrial world. serve and no monetary policy. It took not know what the unemployment rate

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2914 CONGRESSIONAL RECORD — SENATE February 22, 1995 was in the Great Depression. We took panied Secretary Arthur Goldberg, and lope sort of thing. Dr. David Podoff, the unemployment rate in the census, we had a proposal to raise the pay of sometime chief economist on the Fi- decennial census. We took it in the Federal employees. The President said, nance Committee, more recently mi- spring of 1930, not much unemploy- ‘‘Good idea, we need that.’’ And he also nority chief economist, using Arthur ment. In the spring of 1940, rearma- decided everybody should get at least Okun’s principles developed in the ment had begun, and in the official sta- $100 a year. And we went on like that. early sixties, estimated that if we had tistics there was no depression. But It was very early on. We moved the a 3-percent increase in unemployment, people knew otherwise. date of the dividend of the Veterans some exogenous event—Mexico goes to The Employment Act of 1946 stated Administration life insurance forward. ruin, oil prices spiral, whatever—we as the goal of the U.S. Government the Then we gave a double dividend. could end up with a drop of GDP of 18 full utilization of resources, fullest Then Joseph Pechman at the Brook- percent. That is a depression figure. possible—meaning men and women en- ings Institution, in conjunction with That was last Monday. tering the work force, meaning capital, Walter Heller, Chairman of the Coun- I see the distinguished sometime meaning plant and equipment which cil, proposed revenue sharing with the once and future President pro tempore was capital, and so forth. States. We proposed a tax cut and, Mr. on the floor. I would like to report to The Council of Economic Advisers President, it worked. We went right him that in yesterday’s New York was established. In the early years the through. When Arthur Okun gave the Times, there is a report of a simulation economic report of the President was a last report of the Council under Presi- made in the Treasury Department. I pretty thin volume, but they were get- dent Johnson, he said, ‘‘Look, 6 years take the liberty of saying this on the ting the hang of it. By 1946 we had an of unbroken economic growth.’’ Senate floor. I know where it was unemployment rate which was pub- They should have tamped down the made. I know it came about in response lished. We will have the economic re- economy, given the inflationary effects to some of our arguments. And, Mr. port shortly now and we will see that of the Vietnam war spending. And, in- President, the story, by Mr. Louis the series as statistics begins in 1946. deed, when President Nixon came into Uchitelle, an able reporter, is headed May I interject here to offer the con- office, although I believe he had a bal- ‘‘The Pitfalls of a Balanced Budget. gratulations of the Senate, if I may so anced budget, he also had a recession. ‘‘Dismantling a Decades’ Old System presume, to Dr. Tyson, who the Presi- But that came out of that. for Softening Recessions.’’ dent has announced will leave the posi- And George Shultz, his first Director Here is the interesting event. I just tion of Chairman of the Council of Eco- of the Budget, in his fiscal 1973 budget say that they have simulated the 1991 nomic Advisers and become head of said, ‘‘I am sending a full employment decline and say, with a balanced budget economic policy within the White budget which will have a deficit, but amendment, unemployment would House, a position Mr. Rubin had until the deficit will be the difference be- have reached 9 percent. A laid-off he became Secretary of the Treasury. tween what will be revenue at full em- worker who collected $12,000 in unem- They began to work on this notion of ployment and less than full employ- ployment pay might have received only countercyclical behavior by the Fed- ment.’’ We were still stimulating. $7,000, and so forth. eral Government. They began to real- So it went. We had one more tick in Now, sir, I said earlier that the new ize—as John Kenneth Galbraith has the seventies. Then in 1982, we had the economics, the learning we went shown this in his work—when the 1929 only real decline in economic growth through, was not a Democratic thing stock market crash took place, the in the postwar period. Economic or a Republican thing. It was applied Federal Reserve had acted in a way to growth, GDP, gross domestic product, social science learning, a collective deepen the decline rather than to dropped 2.2 percent, one time in half a learning. counter it, the idea of countercyclical century. There was another slight tick And so the fascinating thing is that spending. in 1991. But again, just a tick. That had Mr. William Hoagland, the Republican I have said before on the floor, Mr. never happened before in the history of staff director for the Senate Budget President, that in the early years, the industrial societies. It is an immense Committee, and a very able public problem that the economists faced, or achievement. It is not a Democratic servant, is quoted as saying—he is in thought they faced, and Presidents achievement. It is not a Republican fact, the first person quoted: agreed and Congress pretty much achievement. It is an achievement of There are risks associated with a balanced agreed, was that the Federal revenues applied analysis. budget, and I don’t think anyone should deny were too large in the early stages of That is what is threatened. That that. Nevertheless, the debate on the floor the business cycle; that as the econ- achievement is what is threatened by has been dominated by what we must do to omy began growing, revenues grew. In this amendment to the Constitution. If get the budget in balance, not what the risks those days, before we had indexed the it were a statute, I would not be spend- of a balanced budget amendment might be. Internal Revenue Code and the tax ing my days on the floor. Statutes Mr. Hoagland expressed surprise that rates, why, they would grow very fast. come and statutes go. This is the Con- the biggest risk—deeper, more painful Congress did not spend them quickly stitution; the basic law of the land. recessions—had not figured signifi- enough. And, indeed, there emerged a Mr. President, when I spoke last cantly in the debate—although the problem. The Kennedy administration Monday, I recounted how in 1979, when Senator from New York and my distin- was the first to deal directly with this there was a movement among the guished colleague from Maryland have question—or more correctly, problem— States to petition Congress to call a called attention to this risk in several called fiscal drag. Because in 1958, constitutional convention for this pur- floor speeches. there had been a recession which took pose, I had asked the then Chairman of This is Mr. Hoagland making the growth just a tiny tick below, into a the Council of Economic Advisers, statement. negative position, not 1 percent, but Charles Schultze, a distinguished econ- They go on to quote a whole series of one-half of 1 percent. And then the re- omist from the Brookings Institution, economists, a sequence of economists covery had begun. if he would run the numbers from the saying, ‘‘Does not Congress know what But in 2 years, it stalled so that an- 1975 recession—a fairly serious reces- it is doing?’’ other tick—not the big crashes, smash- sion, which President Ford had to live ‘‘Does it not realize what we have es, panics but not quite what we want- with—with a balanced budget amend- achieved?’’ ed. President Kennedy’s economic ad- ment. He wrote me back to say the And now, Mr. President, as I have visers said, ‘‘What do we do?’’ They computer blew up; we had no counter- been talking here long enough, and I concluded that we had to put in place cyclical forces we could use, and so the know others wish to speak, particu- some countercyclical spending. Then I hypothetical economy spiraled down to larly the distinguished Senator from was to be an Assistant Secretary of that equilibrium when there is a high West Virginia, I said I came back from Labor for Policy and Planning Re- rate of unemployment and a low rate of Arizona last evening with good news search. It is a moment we all remember utilization of capital. and good news. in our lives, if it comes to us. On my I mentioned also that we had simu- First, the good news is that I gave first visit to the Oval Office, I accom- lated on our own on a back-of-the-enve- the Barry Goldwater lecture at Arizona

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Senator Goldwater is State of Vermont, where a majority of It is a sad commentary—and there in great spirits, good health, active, Vermonters said, ‘‘Yes, pass the bal- are those of our colleagues who say and being as much a torment to his fel- anced budget amendment.’’ But then a that we need this in the Constitution low Republicans as to his fellow Demo- very significant proportion said, ‘‘But in order to give us discipline, in order crats. we don’t expect it to do anything.’’ to enforce discipline upon us—that But the second event was on the way I might say to my learned friend, be- statement is a sad commentary on the to deliver the lecture, the very able cause I listened to his discussions and character of the elected officials of our president of the university, Dr. Coor, I heard him lay out very much for the country—— picked me up at the hotel. We had President of the United States at a Mr. MOYNIHAN. Yes, sir. about a 20-minute drive to the univer- small gathering a week ago that we Mr. BYRD. To say that we need a sity, and I told him what I was going to should have a sense of history, prob- new constitutional amendment to en- say. He said, ‘‘Well, now, we all know ably the biggest sense of history we force discipline upon us, so we will bal- that, don’t we?’’ That we went through ought to have is that this country has ance the budget. this great achievement of learning to amended the Constitution only 17 This constitutional amendment will break out; that capitalism did not dis- times since the Bill of Rights. We have have been before the Senate 30 days appear; it is the same; and it is not done it very carefully. Now we have 60 come next Tuesday. That is the final even questioned in the world by this or 70 proposals made in the last few day of decision. The amendment was new economics. He said, ‘‘Everyone weeks to amend the Constitution, all of passed in the House, I think, in 2 days. knows that, surely. What’s the problem which would fit nicely on a bumper Mr. LEAHY. I believe so. with the Congress?’’ sticker, none of which, I would add, Mr. MOYNIHAN. Two days. Now, perhaps I do not want to put would do anything to improve the Mr. BYRD. Two days! And there have those words in his mouth per se. But he greatest democracy in the world and been some complaints about the time said, ‘‘What is the problem?’’ I had an many of which I feel would damage that we have taken in the Senate to de- idea, and I put it to him at the time. greatly this wonderful country. bate it. And I will say again, if I get one idea I thank the Senator for yielding. My good friend from Utah, the other a week at this point, I feel that is a Mr. MOYNIHAN. I want to say, Mr. day—if the Senator may yield, Mr. pretty good week. The idea is a very President, that the Senator has made a President, without losing his right to simple one: There are not enough peo- very important statement. When the the floor, to me? ple around old enough to remember painful process, the creative process of Mr. MOYNIHAN. I am happy to yield. what it used to be like. Sir, if you are the economic system was taking place The PRESIDING OFFICER (Mr. under 60, you do not know anything in the thirties, democracy was under DEWINE). Without objection, it is so or- about the economic world before we assault the world over, and there were dered. understood countercyclical financing more than a few who had given up on it Mr. BYRD. Our good friend, the Sen- by the Federal Government, before the in this United States, and capitalism ator from Utah, stated that, essen- Federal Government got the tools: It was thought to have been discredited tially, there appeared to be some indi- has to have a sizable budget. You have forever; free enterprise was thought to cations that there was a deliberate at- to have unemployment insurance, Med- be a selfish doctrine put forward by a tempt to delay the vote. Well, there icaid, things like that, which auto- privileged few, and full employment a has been a deliberate attempt to delay matically happen, a Federal Reserve nostrum of dreamers, idealists, and the vote, in order that we can take that can take action. I said it has been probably subversives. time to explore this amendment and in place so long that we forgot the pain Oh, what a time we had, and it was a dissect it, probe into it carefully. But with which it had to be put in place, close-run thing. I joined the Navy 50 then there was some expression that it the hard intellectual work, the accusa- years ago last July 1. I joined in the was obvious that this was now becom- tions. To be a Keynesian was to be a middle of a world war in which the ing a filibuster. Of course, anybody Red, somehow. John Maynard Keynes forces we were contending against and who knows anything about filibusters was a liberal, sir. He was not a member with were as opposed to our system as knows that this is not a filibuster. of the Tory Party, nor a member of the any that ever existed in the world, and There are people in this town who Labor Party; he believed completely in it was a close thing. would not know what a filibuster is if the free market, private enterprise. He We have been going on about the they met it on the street. But there is just wanted the free market to produce Enola Gay. May I say to the Presiding kind of a mental—there is a mindset lots more goods and keep doing it. Officer that the real issue was, was Hit- here in this town, that if you discuss a Mr. LEAHY. Will the Senator yield ler going to get that bomb first, be- bill 4 or 5 days, or a week or 2 weeks, for a question at that point? cause the people working on it here then there is a filibuster. I thank God Mr. MOYNIHAN. I am happy to yield. knew the people working on it there. for the United States Senate! I thank Mr. LEAHY. Would the Senator ac- And we knew what we could think up, God for the United States Senate! cept the fact, however, that there are they could think up. And the British If the Senator will be patient—be- some Members in this body under 60 destroying the heavy water plant in cause I do not want him to discontinue who at least understand the concept, if Norway may have made the real dif- his statement in this very important they have not felt the pain directly? ference. subject area, which will be vitally af- Mr. MOYNIHAN. Because they are It was that close. Do you want to go fected if we were, God avert, to lose our learned Senators who have read their back to that world? We could do it on senses to the point that we would adopt history. this floor next Tuesday. this constitutional amendment. When Mr. LEAHY. Will the Senator yield I see the distinguished Senator from Rome, the western seat of the Roman further? And I am delighted to hear he West Virginia has risen. Empire, fell in 476 A.D. and the Ger- was with my friend, Dr. Coor—— Mr. BYRD. Mr. President, will the man, Odoacer, deposed the impotent, Mr. MOYNIHAN. Oh, yes. distinguished Senator yield? unfortunate, diminutive emperor, Mr. LEAHY. Who served previously Mr. MOYNIHAN. I am happy to yield, whose name was Romulus Augustus, as president of the University of Mr. President. I yield, whatever. the center of authority moved to the Vermont, and also with our mutual Mr. BYRD. The distinguished Sen- eastern seat of empire, namely, Con- friend, of course, Senator Barry Gold- ator from New York is making a very stantinople. In Constantinople, there water, with whom we both had the op- important statement. He discusses the was no independent Senate. There was portunity to serve here in this body. countercyclical forces that come into no independent Senate to challenge the But I tell my learned friend and play automatically in a time of reces- emperor’s claim of authority over even neighbor from New York something I sion. The distinguished Senator from the church and theology. When Jus- just said to my dear friend from West Vermont has stated that there are tinian, in 532 A.D., ordered his top gen- Virginia, the senior Senator from West many people who say that we ought to eral, Belisarius, to massacre citizens of Virginia. A poll was taken very re- vote for this amendment, but who pri- Constantinople during the Nika rebel- cently, in the last few days, in my vately tell him that it will not work. lion, Justinian——

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2916 CONGRESSIONAL RECORD — SENATE February 22, 1995 Mr. MOYNIHAN. In the stadium, I At the risk of dealing with two of the West Virginia. If he was not in my believe. foremost historians of the Senate, I classrooms, I have been in his class- Mr. BYRD. Yes, Justinian had 30,000 would make a slight addition to what room for 18 years. I hope it shows, at of the citizens of Constantinople mur- was said by the distinguished Senator least to some extent. dered. There was no independent Sen- from West Virginia and what was con- I mean to propose to act in the man- ate to challenge his authority to do so. curred in by the distinguished Senator ner that the Senator from West Vir- With an autocrat like Justinian ruling from New York. The distinguished Sen- ginia spoke of earlier Senate’s having in the Golden Horn, one need not won- ator from West Virginia said, ‘‘Thank done because the emperor. We have a der that the people of Russia, when God for the U.S. Senate.’’ I would add Chief Executive and we owe him our they formed the Russian state some to that: Thank God for some individ- counsel, whether he welcomes it or not. centuries later, had no Senate to teach uals in the U.S. Senate. Sir, I have to tell you that the Treas- them the lessons regarding checks and The Senate gives us the right, under ury Department analysis of the calami- balances and separation of powers, and our rules and according to our history, tous potential of this measure, in human rights, and limited monarchy. to speak on these matters. But only if terms of deepening recessions and leav- When Ivan the Terrible, Ivan IV, in individual Senators do it. I applaud the ing us with prolonged periods of unem- the year 1570 A.D. massacred hun- distinguished Senator from West Vir- ployment, under utilization, bringing dreds—hundreds of citizens in the city ginia and the distinguished Senator on crises between groups, between re- of Novgorod, there was no independent from New York, for they, as Senators, gions—the Treasury Department has Senate to challenge his right to exact utilized the opportunity. The Senate, prepared an analysis of this and that such a revenge on those people. Mus- while a great institution, is still made analysis is now in the White House covy had no Senate. up of 100 individuals. waiting to be cleared or released. I say When Peter the Great built the city I have said, as my friends know, time again, that analysis is now in the of St. Petersburg on the marshes and and time again on this floor that the White House waiting to be cleared. swamps near the Neva River, he U.S. Senate should be, and can be, the There is a simple fact hereabouts in brought in tens of thousands of slave conscience of the Nation, but only if this city—it is almost a secret but ev- laborers who met their deaths in the individual Members exercise that con- erybody knows it—which is that there building of that city. Each worker was science. I have said many times on this are those who would like to see this paid 1 ruble per month. But there was floor—and I will speak many more issue go away. Pass the amendment, no independent Senate with control times on this constitutional amend- see what happens in 5 year’s time or 3 over the purse and with the power to ment, as I will on some others coming year’s time, not in 2 year’s time. That challenge Peter the Great; no inde- up—let us look back on our 200 years of would be the most profoundly irrespon- pendent Senate to debate at length and history. We are the greatest, most pow- sible act I can imagine. I say, sir, that to challenge the authority of Peter the erful democracy history has ever we are not asking for anything. Wheth- Great. known. But we have become so because er it is associated with executive privi- When Stalin, in our own time—you we followed our Constitution. We have lege, this is simply the economic anal- do not have to go very far back in his- amended it only 17 times since the Bill ysis that the profession will produce at tory to remember Stalin and Lenin— of Rights. this time. But we have not heard from when they created the monstrous tyr- Frankly, Mr. President, I have not the White House. There was one op ed anny that spread its tentacles into Po- seen anything that has occurred in the article by Dr. Tyson that was not bad. land, Hungary, Czechoslovakia, East 54 years of my lifetime that is so im- But we have not heard from the White Germany, and the Baltic States, there portant and in such a need of change in House what every President since John was no independent Senate with power our country that we must have this F. Kennedy has known and understood, over the purse and the right of unlim- pell-mell rush to amend the Constitu- that this would strip the Federal Gov- ited debate to challenge Lenin and Sta- tion—in just 2 days in the other body. ernment and particularly the executive lin. How many millions of people died Mr. President, that is a shame; that is branch of those automatic stabilizers under Stalin? More than 20 million— a disgrace; that is not something to be which have kept us from plunging and more than 20 million. proud of—to say to the American peo- trashing and dropping into ruin in the So here in America we have a Senate ple that in 2 days we took this precious century that preceded the Employment that takes all of 30 days, all of 30 days, Constitution, this great cornerstone Act of 1946. mind you, in discussing an amendment foundation of our democracy and we Mr. President, I hope I am heard. I which will forever—forever destroy the amended it. will know better by the end of the day. constitutional system of separation of Are we not doing a wonderful thing? If I have not been heard, I will be on powers and checks and balances, and No. To that I say, for shame. I have no the floor first thing in the morning. I the power over the purse, lodged in the idea how the vote will come out on will stay here until it is clear that our legislative branch, as we know that this. But at least let us as Senators request has been refused or what I hope system. stand up and say to the American peo- is that it be granted so that we can Mr. MOYNIHAN. Yes. ple that you heard a full discussion of help the President and avoid a calam- Mr. BYRD. I thank the distinguished it, not that it was rushed through be- ity, which may be decided by one or Senator for taking the floor today. I cause somebody wants to make a check two votes. wish I could have had the privilege of mark. Finally, Mr. President, I ask unani- sitting in his classes. Perhaps I would I applaud my good friend from West mous consent that the text of the New know a little something about econom- Virginia with whom I have had the York Times article, ‘‘The Pitfalls of a ics. But I am very thankful that I have pleasure of serving my 20 years and my Balanced Budget, Dismantling a Dec- the opportunity here to listen to him. friend from New York with whom I ades-Old System for Softening Reces- And I listened carefully. have served 18 years, for standing up sions,’’ be printed in the RECORD at this I thank the Senator for yielding. and reminding people of history. The point. Mr. LEAHY. I wonder if the distin- history lesson does not fit on a bumper There being no objection, the article guished Senator will yield to me for sticker or in a 12-second spot on the was ordered to be printed in the just a moment on this point? evening news or in a headline. And, un- RECORD, as follows: Mr. MOYNIHAN. I will be happy to fortunately, I must say it does not fit [From the New York Times, Feb. 21, 1995] do so. often enough in the classrooms of the THE PITFALLS OF A BALANCED BUDGET—DIS- Mr. LEAHY. Mr. President, I asso- schools of this country. It should, and MANTLING A DECADES-OLD SYSTEM FOR ciate myself, first with the remarks maybe the U.S. Senate will help bring SOFTENING RECESSIONS just made by the distinguished senior it back. (By Louis Uchitelle) Senator from West Virginia, but also Mr. MOYNIHAN. Mr. President, I The unemployment rate, which peaked at with the remarks made earlier by the want to express my great appreciation 7.7 percent after the last recession, could distinguished senior Senator from New to the Senator from Vermont and my have reached 9 percent if a balanced budget York. revered colleague, the Senator from had been required, Government and private

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2917 economists estimate. And a laid-off worker Economists outside the Government offer mists often realize that the economy is fall- who collected $12,000 in unemployment pay similar estimates. Ray Fair of Yale Univer- ing toward recession. might have received only $7,000 or so. sity, for example, said for every $10 billion A recession might be well along and get- Such estimates of the potential economic decline in national income during a reces- ting deeper before the Fed recognized the impact are not emphasized very much, how- sion, the deficit rises by $2 billion, as the problem and began to drop rates. The lower ever, in the debate over the balanced budget stabilizers kick in with their higher spending rates, in turn, would not be felt in the econ- amendment. So far, the battle has focused on and lower tax revenue. omy for a year to 18 months, the traditional its value as a tool to shrink government or ‘‘We ought not to give up the stabilizers,’’ lag. And even if the Fed acted quickly to discipline spending. But if the amendment Professor Fair said. ‘‘That would be very enough, the economy would behave in new is enacted, the side effect would be huge: a Draconian.’’ and different ways without the stabilizers. system that has softened recessions since the Nearly every economist agrees that the ‘‘My guess is that we would get it wrong 1930’s would be dismantled. American economy requires, if not stabi- the first time we went into recession, mak- ‘‘There are risks associated with a bal- lizers, some substitute method for offsetting ing that recession much deeper than it anced budget, and I don’t think anyone recessions in an era of balanced budgets. And should be,’’ said a Federal Reserve official, should deny them,’’ said William Hoagland, those who favor the amendment are no ex- who spoke on condition that he not be iden- the Republican staff director for the Senate ception. tified. ‘‘But we would learn from that experi- Budget Committee. ‘‘Nevertheless, the de- ‘‘It would be a disaster to lose the stabi- ence and do a better job thereafter.’’ bate on the floor has been dominated by lizers,’’ said C. Fred Bergsten, director of the Mr. MOYNIHAN. Mr. President, I what we must do to get the budget in bal- Institute for International Economics, who yield the floor. endorses the amendment as a necessary step ance, not what the risks of a balanced budget Mr. LEAHY addressed the Chair. amendment might be.’’ if the nation is to afford the high cost of So- Mr. Hoagland expressed surprise that the cial Security and Medicare for the baby The PRESIDING OFFICER. The Sen- biggest risk—deeper, more painful reces- boom generation, which reaches retirement ator from Vermont. sions—had not figured significantly in the age early in the next century. Mr. LEAHY. Mr. President, I am, as I debate, although Senator Daniel P. Moy- Mr. Bergsten notes that the amendment, have said, going to speak again on the nihan, Democrat of New York, and Senator as now worded, would permit Congress to question of the balanced budget. I Paul S. Sarbanes, Democrat of Maryland, bring back the stabilizers by a three-fifths think that the speeches made by the vote in both houses. The vote would permit had called attention to this risk in several distinguished senior Senator from West floor speeches. ‘‘The reason must be that the the necessary deficit spending to finance the advocates of a balanced budget see the bene- stabilizers. Virginia and the distinguished senior fits to the economy as far outweighing the While a three-fifths vote is a big hurdle, Senator from New York are such that I negatives associated with cyclical Mr. Bergsten and others argue that Congress hope a lot of people will listen to them. downturns,’’ Mr. Hoagland said. would get used to authorizing the necessary Obviously, I myself am in great ‘‘That must be what is going on.’’ deficits during recessions. Nevertheless, he agreement. As I have stated, the Sen- No benefit seems to hold more sway than would prefer a different solution. Once ate owes a thanks to both of them. But the view that the amendment would shrink through the painful process of balancing the more than that, the United States owes the Federal Government by restricting its budget by 2002, as required by the amend- power to tax and to spend. A dollar not col- ment, then the Government should run budg- thanks. This is a matter that should be lected and spent by the Government is a dol- et surpluses in years of strong economic debated. lar left in the hands of the private sector. growth and full employment, Mr. Bergsten Mr. BYRD. Mr. President, I thank And the private sector invariably invests said. the distinguished Senator from money more efficiently than the Govern- The surpluses would cover the rising costs Vermont and the distinguished Senator ment, this view holds. of the stabilizers during recessions. ‘‘You from New York for their comments. ‘‘The people have spoken clearly that gov- could go down to a balanced budget in the Mr. LEAHY. Mr. President, I ask ernment is too big and we need to do some- hard years, and still give the economy a lit- thing about it,’’ said Robert Hall, a Stanford tle stimulus,’’ he said. unanimous consent that I be allowed to University economist who favors smaller The Congressional Budget Office has esti- speak as in morning business on an- government. ‘‘The problem is that the bal- mated that the surplus needed to pay for the other subject. anced budget amendment is a heavy-handed stabilizers during a recession as severe as The PRESIDING OFFICER. Without solution and risky.’’ that of 1981–1982, the worst since World War objection, it is so ordered. The biggest risk is to the nation’s ‘‘auto- II, would be 1 percent of the national income matic stabilizers,’’ which have made reces- during robust periods of full employment, f sions less severe than they were in the cen- and perhaps as much as 1.5 percent. tury before World War II. The stabilizers, an That would mean an annual surplus in to- outgrowth of Keynesian economics, work day’s dollars of $70 billion to $100 billion, A CHANCE FOR PEACE IN this way: When the economy weakens, out- rather than the nearly $200 billion or so in NORTHERN IRELAND lays automatically rise for unemployment annual deficits expected under current pol- Mr. LEAHY. Mr. President, this is an icy. Most of the $200 billion is to help pay for pay, food stamps, welfare and Medicaid. Si- historic day in the Republic of Ireland multaneously, as incomes fall, so do cor- programs like highway construction and new porate and individual income tax payments. weaponry that have fixed costs and do not and Northern Ireland. I want Senators Both elements make more money available fluctuate with the ups and downs of the and the American people to be aware of for spending, thus helping to pull the econ- economy, as unemployment pay, food the significance of what the people of omy out of its slump. stamps, tax revenues and the other stabi- that island have done today. The problem, of course, is that the stabi- lizers do. For the past quarter of a century, lizers make the deficit shoot up—by roughly Some economists—including Milton Fried- Unionists who favor continued British $65 billion as a result of the 1990–1991 reces- man, a Nobel laureate in economics who is control over Northern Ireland, and sion, according to the Treasury Department. with the Hoover Institute—hold that the sta- Under the balanced budget amendment, Con- bilizers, despite the ballyhoo, are no longer Catholics who favor unification of gress and the Administration would be re- so important. The Federal Reserve, through Northern Ireland with the Irish Repub- quired to get the budget quickly back into monetary policy, can more than offset their lic, have been locked in a cruel war balance, through spending cuts, higher tax disappearance by lowering interest rates an over the status of the North. Over 3,200 rates, or a combination of the two—perhaps extra notch or two to give the economy an people have died, many of them inno- even in the midst of a recession. additional stimulus in hard times. cent civilians caught in the crossfire ‘‘The Government would become, almost ‘‘I have looked at many episodes in the between the IRA and Protestant para- inevitably, a destabilizer of the economy world in which monetary policy went one rather than a stabilizer,’’ said Joseph way and fiscal policy the other, and I have military groups. Stiglitz, a member of the President’s Council never found a case in which monetary policy Mr. President, as an American of of Economic Advisers. Many economists did not dominate,’’ Mr. Friedman said. He fa- Irish descent, the violence in Northern share that view. vors a balanced budget amendment that Ireland has had a profound affect on Absent the stabilizers, every 73-cent drop would shrink the Federal Government by me. I have always unequivocally op- in national income in the last recession putting a ceiling on the tax increases that posed the use of violence by both sides would have become a $1 drop, said Bradford could be enacted to balance the budget. in Northern Ireland. Irish-Americans DeLong, deputy assistant Secretary of the But the Clinton Administration and even who care about the land of our ances- Treasury, who as a Harvard economist stud- Federal Reserve officials question whether ied this dynamic and recently updated his re- monetary policy could alone handle the task tors condemn violence without reserva- search. Of the 27 cents in cushioning, 20 of reviving an economy in recession. The sta- tion and support a peaceful settlement. cents came from falling tax revenue and 7 bilizers, they note, kick in automatically— My father felt he would never live to cents from the higher spending. before the Federal Reserve and most econo- see real peace in Northern Ireland, and

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2918 CONGRESSIONAL RECORD — SENATE February 22, 1995 he did not. But I believe that my fa- blueprint. I urged them to come to the their lives in the next century. The ther’s son will see it, both as an Amer- negotiating table with their own ideas, leaders must decide what kind of a life ican and as a U.S. Senator. not to condemn the process before even they will have. The children cannot, In December 1993, our hopes were giving it a chance. but it is they who will be most af- raised for an end to the bloodshed, Mr. President, in Belfast I got a sense fected. And if you have hatred and vio- when former Irish Prime Minister Rey- of the fear Unionists feel. For centuries lence, prejudice and bias directed to- nolds, and British Prime Minister they have thought of themselves as ward a child, does it make any dif- Major, declared that the future status British, and today they fear that the ference whether that child is Protes- of Northern Ireland should be decided British Government is abandoning tant or Catholic? Those children have a by agreement of the people there. That them. Some longed for a past that right to expect their leaders to show declaration began a peace process that never was, dreamed of a future that courage and a sense of responsibility led to the IRA cease-fire last August. never would be, and they fear a present for the future and to give them a Two months later Protestant para- they do not understand. chance to live in peace. military groups stopped shooting, and It made a profound impression on me. Lasting peace means urgently deal- the cease-fire has held. Change in Northern Ireland is inevi- ing with the terrible problem of unem- Since then, the British Government table, but the Framework Document ployment in the north. People need to has taken several steps to reduce ten- should threaten no one. It would give a have confidence in their government, sions in the North, including ending majority of the people of Northern Ire- but they also need jobs; they need eco- daytime military patrols in Belfast. In land the right to decide their future. It nomic security as well as physical se- the Irish Republic, a Peace and Rec- is equally important to recognize that curity. onciliation Forum has brought Sinn any lasting piece, any healthy society, Fein, the political wing of the IRA, muse be rooted in equal justice. The In Belfast, I saw some of the accom- into informal talks with representa- fundamental civil rights of both Catho- plishments of the International Fund tives of the Government and other par- lics and Protestants must be protected for Ireland which the United States ties. in Northern Ireland. and European countries have supported Today in Belfast, in what I believe of- Everywhere I went, I heard praise for since 1983. I can attest to the impor- fers the best hope for peace in the 25- the role President Clinton has played tant work the Fund is doing to provide year history of the conflict, Irish in supporting the peace process in jobs in areas where unemployment Prime Minister Bruton and Prime Min- Northern Ireland. I was told that not among Catholics runs as high as 60 per- ister Major announced the publication since the days of President John F. cent. The Fund’s efforts have also of a long-awaited Framework Docu- Kennedy has an American President brought together Catholics and Protes- ment which provides a basic for future been so interested in what is hap- tants in common endeavors where in negotiations on a peace settlement. pening. It is clear that without his per- the past there was virtually no contact Mr. President, late yesterday after- sonal involvement we would not have between them. noon, I returned from Dublin, Belfast, seen this day. I want to praise our Ambassador, And in speaking to members of the and London, where I met with leaders Jean Kennedy Smith, who has taken up Orange Order in Comber near Belfast, I and individuals representing all points the cause for peace and encouraged the encouraged Unionists there to apply to of view on the future of Northern Ire- parties to move forward. And I want to the Fund and work together to bring land. I went there over the weekend be- praise especially those parties, many of jobs and a sense of security and a sense cause I knew the peace process was at whom have been enemies for decades, of hope in the future for their people. a decisive point. perhaps for centuries, who are willing I wanted to give encouragement. I President Clinton, in recognition of to come together. also wanted to pay tribute to the peo- the Fund’s accomplishments and the In Dublin and Belfast I told Unionists critical stage the peace process has ple of both Northern Ireland and the and Nationalists the same thing, that Republic, Catholic and Protestant, who reached, has proposed increases in our the U.S. Government will support this contributions in 1996 and 1997. are courageously trying to find a way effort fully, and with even-handedness. to a better future. But the real work of peace will be The Fund is a transitional program The Framework Document, which done by them. Both have legitimate as- until real investment can take root in sets out a joint vision for the future of pirations, and both traditions must the north. A trade and investment con- both Irish and British Governments, is find a way to accommodate one an- ference is planned for May in Wash- a tremendous step forward. It reaffirms other. We cannot, nor can any other ington, and it is eagerly awaited by the principles of self-determination, of country dictate what that outcome people in both Northern Ireland and the consent of the governed, of demo- will be. The parties must find it for the Republic. President Clinton’s selec- cratic and peaceful means, and of full themselves. tion of Senator George Mitchell as his respect and protection for the rights Mr. President, I am under no illusion Special Adviser on Economic Initia- and identities of both traditions. that a peaceful future in Northern Ire- tives in Ireland is not only indicative From the conversations I had, both land is assured. Immense difficulties of the President’s commitment to sup- in the Republic of Ireland and Northern lie ahead. To put the past behind, to port peace there, it also ensures the Ireland, with people of all political and build peace out of bloodshed, to find success of the conference. religious traditions, I realized the im- common ground where there has been Again, in the Republic of Ireland, in portance of the document and of bring- so much hatred and distrust. But from ing people together who so fervently Northern Ireland, and in the United all that I heard during my brief visit Kingdom, I heard person after person want to be brought together. Members there, there is a new spirit emerging; a praise the choice of George Mitchell, of my staff, Tim Rieser and Kevin wide recognition that violence has knowing the respect that is felt for him McDonald, who accompanied me, heard failed; a new determination to find an- by both Republicans and Democrats in the same thing. other way. Since the framework’s aim is to en- When mothers in Belfast sat with me our country and by the President of the courage all parties to come to the ne- and told me they did not want their United States. gotiating table, nobody is going to be children to face the kind of horror and I am reminded of what Senator content with all of it. If it were written violence that they have, it is not a feel- Mitchell, quoting Franklin Roosevelt, in such a way that any one group found ing of Protestants or Catholics, it is a said to an audience in Dublin: In the it totally acceptable, it would guar- feeling of mothers throughout North- dark days of our Great Depression, antee that the rest would find it to- ern Ireland. It is a feeling that should President Roosevelt said ‘‘the only tally unacceptable. The Unionists with be listened to by the leaders, because thing we have to fear is fear itself.’’ He whom I met condemned the Frame- the people do not want to go back to also said, ‘‘the best social program is a work Document long before its release. the violent days of the past. job.’’ That will be Senator Mitchell’s I suggested they recognize it for what Those mothers spoke of their chil- work as the Presidents Special Adviser, it is—a basis for discussion, not a final dren, who are going to live most of and the work of all the people there.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2919 Mr. President, the island of my an- ernments in developing an agreed approach Ireland. These institutions will enable rep- cestors is at an historic turning point. for the whole island in respect of the chal- resentatives of the main traditions, North Today’s publication of the Framework lenges and opportunities of the European and South, to enter agreed relationships. Document offers a real chance for an Union; This is the purpose of the North/South body Envisage a Parliamentary forum, with rep- proposed in this document. end to a conflict that has horrified so resentatives from new Northern Ireland in- To the unionist and loyalist people, I many for decades. stitutions and the Irish Parliament to con- would point out that the document commits I want to commend the Irish and sider matters of mutual interest; the Irish Government to ask the electorate British Governments and all the par- Envisage a new and more broadly based to change the Irish Constitution. The change ties who are seeking a better future for Agreement between the British and Irish proposed will address Articles 2 and 3 in the the people of Northern Ireland. Governments to develop and extend co-oper- following ways: Mr. President, for the first time I ation; It would remove any jurisdictional or ter- have a sense of hope that peace is at Envisage a standing Intergovernmental ritorial claim of legal right over the terri- hand in Northern Ireland, which my Conference which would consider matters of tory of Northern Ireland contrary to the will mutual interest, but not those transferred to of its people; late father so desperately wanted. I new political institutions in Northern Ire- have a belief that his son and his It would provide that the creation of a sov- land; ereign united Ireland could therefore only grandchildren will see it. Envisage that representatives of agreed po- occur in circumstances where a majority of Mr. President, I ask unanimous con- litical institutions in Northern Ireland may the people of Northern Ireland formally sent that statements of Prime Min- be formally associated with the work of the chose to be part of a united Ireland. isters Bruton and Major and a sum- Conference; It is also important to unionists that the mary of the Framework Document be Provide for a complementary undertaking document also contains a recognition by by both Governments to ensure protection printed in the RECORD. both Governments of the legitimacy of what- There being no objection, the state- for specified civil, political, social and cul- ever choice is freely exercised by a majority tural rights. ments were ordered to be printed in the of the people of Northern Ireland with regard These proposals do not provide for joint to its constitutional status, whether they RECORD, as follows: authority by the British and Irish Govern- prefer to continue to support the Union or a SUMMARY—A NEW FRAMEWORK FOR ments over Northern Ireland. They do not sovereign united Ireland. AGREEMENT predetermine any outcome to the Talks The proposals will challenge the two tradi- These proposals: process. Agreement by the parties, and then tions on this island but it will do so in an Reaffirm the guiding principles of self-de- by the people, is the key. even-handed way. Neither tradition need fear termination, the consent of the governed, ex- its contents. As I have emphasized at every clusively democratic and peaceful means, INTRODUCTORY REMARKS BY THE TAOISEACH appropriate opportunity, it is a framework and full respect and protection for the rights (IRISH PRIME MINISTER), MR. JOHN BRUTON, for discussion and not a blueprint to be im- and identities of both traditions; TD, AT BELFAST LAUNCHING OF JOINT posed over the heads of anyone. Its purpose Provide for an agreed new approach to tra- FRAMEWORK DOCUMENT, FEBRUARY 22, 1995 is to facilitate, not pre-empt, dialogue. At ditional consitutional doctrines on both Today’s new framework for agreement is a the end of the day, the people of both North sides: landmark event in the affairs on this island. and South respectively will have the final The British Government will propose The two Governments are presenting to say. changes to its constitutional legislation, so the political parties in Northern Ireland, and The document is our carefully considered as to incorporate a commitment to con- to the Irish and British peoples, a document response to many suggestions, from the par- tinuing willingness to accept the will of a which is the most detailed expression to date ties and others, that it would be helpful to majority of the people living in Northern Ire- of our views on the subject of Northern Ire- have the view of the two Governments as to land, and a commitment to exercise their ju- land. what might be an agreed outcome from fu- risdiction with rigorous impartiality on be- The Prime Minister and I hope that the ture talks. half of all the people of Northern Ireland, in Framework Document will receive calm and We are asking the parties to come and talk a way which does not prejudice their freedom measured consideration over the days and to determine Northern Ireland’s constitu- to us, openly and candidly, about these pro- weeks ahead. posals. We believe that, taken in the round, tional status, whether in remaining a part of It is an important and serious text, offered the United Kingdom or in forming part of a they offer a basis for structured discussions as an aid to discussion and negotiation. It leading to a new agreement. united Ireland; presents our best judgment of what might be The Irish Government will introduce and We believe that they do. It is our hope that an agreed outcome future talks involving the support proposals for changes in the Irish the political parties, having given them the two Governments and the political parties. Constitution, so that no territorial claim of attention they deserve, will take a similar We commend it to the parties for their right to jurisdiction over Northern Ireland view. careful consideration and we look forward to contrary to the will of a majority of its peo- There can be no doubt about the enormous discussing it in detail with them at the ear- ple is asserted, and so that the Irish Govern- desire on the part of the ordinary public— liest opportunity. ment recognise the legitimacy of whatever here, in the rest of Ireland and in Britian— May I at this point pay a special tribute to choice is freely exercised by a majority of for the earliest possible resumption of polit- my colleague the Ta´ naiste and his officials the people of Northern Ireland with regard to ical dialogue. and to the Northern Ireland Secretary of its constitutional status; The ending of all campaigns of para- Commend direct dialogue with the rel- State Patrick Mayhew and his team. Their military violence last autumn has created an evant political parties in Northern Ireland in determined efforts over many months have unrivalled opportunity for such dialogue to developing new internal structures; brought us to today’s new framework for take place with a reasonable prospect of a Propose a North/South body, comprising agreement. successful conclusion. The proposals which it contains are, we be- elected representatives from, and account- I join the Prime Minister in appealing to lieve, balanced and fair and threaten nobody. able to, a Northern Ireland Assembly and the all the parties concerned to grasp this oppor- No party need fear this document. Irish Parliament, to deal with matters des- tunity. To the nationalist and republican people, ignated by the two Governments in the first The Framework Document is our judge- the document: instance in agreement with the parties; ment of how things can best be taken for- Reaffirms that the British Government Describe ways in which such a body could ward. We have, in our view, the best oppor- have no selfish, strategic or economic inter- work with executive harmonising or consult- tunity in a generation for a lasting political est in Northern Ireland and that they will ative functions, by way of authority dele- settlement. We owe it to the peoples of both uphold the democratic with of a greater gated to its members by the Assembly; of these islands to put that opportunity to number of the people of Northern Ireland on Envisage that all decisions within the the test. North/South body would be by agreement be- the issue of whether they prefer to support tween the two sides; the Union or a sovereign united Ireland; OPENING STATEMENT BY THE PRIME MINISTER, Set out criteria for the designation of func- Says that the British Government will en- THE RT. HON. JOHN MAJOR, MP, AT A JOINT tions, and suggest a range of functions that shrine in its constitutional legislation the PRESS CONFERENCE WITH THE TAOISEACH, might be designated from the outset, for principles embodied in this new framework JOHN BRUTON, TD, TO LAUNCH THE JOINT agreement with the parties; for agreement by the amendment of the Gov- Envisage the Northern Ireland Assembly ernment of Ireland Act 1920 or by its replace- FRAMEWORK DOCUMENT, BELFAST, WEDNES- and the Irish Parliament being able, by ment by appropriate new legislation; DAY 22 FEBRUARY 1995 agreement, to designate further functions or It will also be important to nationalists There is one reason, above all, why the to move functions already designated be- that both Governments consider that new in- Taoiseach and I have come to Belfast today. tween the three categories; stitutions should be created to cater for We wish to offer our proposals here in Envisage that the body will have an impor- present and future political, social and eco- Northern Ireland—to Northern Ireland’s peo- tant role in consultation with the two Gov- nomic inter-connections within the island of ple and their representatives.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2920 CONGRESSIONAL RECORD — SENATE February 22, 1995 We seek to help peace, but only the people ment. It would come into operation fol- In the four years of the Talks process, we of Northern Ireland can deliver it. lowing the establishment of the new Assem- have travelled a long way, but not yet far So let me say to them: bly. Thereafter, it would be for the Assembly enough. These are our ideas, but the future is up to and the Irish Parliament both to operate the I know that many people will be worried, you; body and to decide whether its functions perhaps even pessimistic, about the future. You have an opportunity now which has should be extended. But, as we look at the hurdles ahead, let us not been there for many years; Like all of our proposals, the new North/ also consider where we have come from. An opportunity to work together to build a South institutions will be a matter for nego- The dialogue of the deaf has ended. better future and a lasting peace. tiation. But the way should now be open for For four years, we have been engaged in Our proposals stem from the talks process beneficial cooperation between North and talks. launched four years ago, in March 1991. South without the constitutional tensions The three-stranded approach is becoming a It was agreed then by the two Govern- which have been such impediments in the reality. ments and the four participating parties that past. We have made suggestions about areas The Joint Declaration has been accepted. the process would have three strands. It which might be covered in this cooperation, The British Government is engaged in would seek a new beginning for: to the advantage of both sides. Like all as- talks with paramilitaries on both sides. Relationships within Northern Ireland; pects of the document, they will be for dis- We have had nearly six months of peace. Relations between the North and South of cussion and agreement between all con- Prosperity and a normal life are returning the island of Ireland; cerned. to Northern Ireland. And relations between the United Kingdom The European Union already operates The principle of consent, once accepted and the Republic. cross-border programmes between Northern only by Unionists and the British Govern- We agreed that it was only by addressing Ireland and the Republic, as it does else- ment, is today accepted almost everywhere. where. We propose that North and South all these relationships together than agree- These are some of the gains for everyone in could usefully work together in specific ment would be found across the community Northern Ireland. areas, to take advantage of what the EU has in Northern Ireland. More gains can lie ahead if we have the to offer. But the making of United Kingdom At this press conference, the Taoiseach and courage to conduct ourselves with patience, policy and the responsibility for representing I are publishing the document ‘‘A New with foresight and with consideration. Framework for Agreement’’ which deals with Northern Ireland in the European Union will the second and third of these strands. A lit- remain solely in the hands of the UK Govern- Mr. WELLSTONE. Mr. President, I tle later this morning I shall put forward a ment. wonder whether I could ask unanimous separate document proposing new arrange- In the third of our Strands, we outline a consent to speak for 7 minutes as if in ments within Northern Ireland—which is of new broader-based agreement to take the morning business. course a matter for the British Government place of the 1985 Anglo-Irish Agreement. The 1985 Agreement was criticised because The PRESIDING OFFICER. Without and the Northern Ireland parties alone. objection, it is so ordered. Our proposals are based on several prin- the Northern Ireland parties had not contrib- ciples: self-determination, consent, demo- uted to it. Our new proposals are offered for Mr. WELLSTONE. Mr. President, I cratic and peaceful methods, and respect for discussion in the talks process. We want to thank the Chair. the identities of both traditions. hear the views of the parties; and we envis- (The remarks of Mr. WELLSTONE per- Consent is and will remain paramount in age that their representatives would be for- taining to the introduction of S. 458 are mally associated with the future work of the our policy. printed in today’s RECORD under It is the democratic right and the safe- Intergovernmental Conference. The Intergovernmental Conference would ‘‘Statements on Introduced Bills and guard of the people of Northern Ireland. Joint Resolutions.’’) No proposals for the future would be work- allow concerns to be expressed about any able, let alone successful, without the con- problems or breaches of the Agreement. But Mr. WELLSTONE. Mr. President, I sent and active support of all Northern Ire- there would be no mechanism for the two yield the floor. land’s people. For they are the people who Governments jointly to supervise or override either the Northern Ireland Assembly or the would carry them out and whose lives would f North/South body. It would be for each Gov- be affected. ernment to deal on its own with any prob- That is why any eventual settlement must RECESS lems within its own jurisdiction. This would be agreed by the parties; supported by the not be a question for joint decision, still less The PRESIDING OFFICER. Under people of Northern Ireland in a referendum; joint action. It is important to be clear and approved by Parliament—a triple con- the previous order, the hour of 12:30 about this, as there have been concerns on sent procedure. p.m. having arrived, the Senate will this score. stand in recess until the hour of 2:15 Our constitutional matters, each Govern- Our two Governments have worked with ment has offered crucial new commitments patient determination to agree on this p.m. in this Framework Document: Framework, and I am grateful to the Thereupon, at 12:39 p.m., the Senate As part of a balanced agreement the Brit- Taoiseach, his predecessor, and the Tanaiste recessed until 2:15 p.m.; whereupon, the ish Government would enshrine its willing- for their efforts and their spirit of accommo- Senate reassembled when called to ness to accept the will of a majority of the dation. order by the Presiding Officer (Mr. people of Northern Ireland in British Con- Our proposals seek to stimulate construc- ABRAHAM). stitutional legislation. We shall embody the tive and open discussion and give a fresh im- commitments we made in the Downing petus to the political negotiations. The out- f Street Declaration; come of those negotiations will depend, not The Irish Government would introduce and on us, but on the consent of the parties, peo- support proposals to change its Constitution, ple, and Parliament. BALANCED BUDGET AMENDMENT so that ‘‘no territorial claim of right to ju- It is not for us to impose. But what we pro- TO THE CONSTITUTION risdiction over Northern Ireland contrary to pose is an end to the uncertainty, instability The Senate continued with the con- the will of a majority of its people is as- and internal divisions which have bedeviled sideration of the joint resolution. serted’’. This is a very important proposal Northern Ireland. that I welcome unreservedly; For over four years as Prime Minister, I The PRESIDING OFFICER. Who These changes would offer Northern Ire- have listened intently to the people of seeks recognition? land a constitutional stability which it has Northern Ireland. I have visited them, con- Mr. BYRD addressed the Chair. not hitherto enjoyed. Its future status, by sulted them, travelled more widely than any The PRESIDING OFFICER. The Sen- agreement between the two Governments, predecessor throughout the Province, and ator from West Virginia. would be irrevocably vested in the wishes of held meetings with political leaders, church Mr. HATCH addressed the Chair. a majority of its people leaders, council leaders, community leaders, The PRESIDING OFFICER. The Sen- In line with the three-stranded approach, and people from all walks of life. we propose new institutions for North/South It is my duty as Prime Minister of the ator from West Virginia has the floor. cooperation. United Kingdom to maintain the Union for Mr. BYRD. Mr. President, I yield to The North/South body which we outline as long as that is the will of the people. It is the distinguished Senator without los- would comprise elected representatives cho- a duty in which I strongly believe, and one ing my right to the floor. sen from a new Northern Ireland Assembly which these proposals protect. Just as people Mr. HATCH. Mr. President, I appre- and from the Irish Parliament. It would draw cannot be held within the Union against ciate my colleague from West Virginia, its authority from these two bodies. It would their will, so equally they will never be and I appreciate his courtesy at all operate by agreement, and only by agree- asked to leave it in defiance of the will of the times. ment. majority. On the UK side, the North/South body Consent and free negotiation are funda- This has been a very interesting and would initially be set up by legislation at mental to me, and they are the foundation energetic debate. We used up almost all Westminster, as part of a balanced agree- stones of this Joint Document. the time. There have been very few

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quorum calls. I want to compliment were 51⁄2 times as much as all we spent thing else, but I sometimes find it hard people on both sides of the aisle and for education, job training, and em- to understand why others disagree with both sides of the issue. It has been a ployment programs in this country in me especially on this subject. But hard-fought debate. But it has been the Federal Government. every person has a mind of his own, fought fairly. I believe that those on In the 24 days since we first began and I do not set myself up as a para- the other side of this issue feel very this debate on the balanced budget digm of thought or action. I do think, deeply just like those of us who want amendment, the amendment that we however, that when the distinguished this balanced budget amendment feel have debated for years, the national Senator from Utah makes reference to very deeply ourselves. So I appreciate debt has increased—I guess I better put the need for a constitutional amend- it. that up here—has increased ment in order to force us to exercise We have had an extensive debate. I $19,906,560,000. the discipline to balance the budget, it think it has been fair. It has been I have to put these indicators up be- seems to me that that is a very sad many, many days. We are now in our cause we have not done so. This is the commentary on the character of elect- 15th day of actual debating, 3 solid 19th day. Here is the 20th day since we ed public officials; to say that we have weeks of time on the floor, and actu- started the debate. That is $16.5 billion. to have a constitutional amendment to ally more if you talk about the normal Here is the 21st day since we started give us the discipline. I remember the running of the Senate. We have debated the debate. That is $17.5 billion, al- words of H.L. Mencken, who was a a whole raft of issues. In the next few most. The next one is the 22d day since great American writer and author and days, the final days of this debate lead- we started this debate. That is editor, who said that ‘‘There is always ing up to next Tuesday when we finally $18,247,680,000, and last but not least is an easy solution to every human prob- vote on this matter, we will have a the—excuse me, this is the 23d day, $19 lem—neat, plausible, and wrong.’’ number of amendments and give every billion—$19,077,000,000—and finally, on This constitutional amendment, in Senator an opportunity to speak again the 24th day, just since we started the my estimation, falls into that category or to bring up his or her amendments. debate on this matter, we are now up of being an easy solution to a very seri- There has not been—I just want to to $19,906,560,000 in national debt that ous problem; it is neat, sounds plau- remind everybody in this country increased over those 24 days. Now, that sible, but it is wrong. today—that there has not been one bal- is about $75 for every man, woman, and The devil knew not what he did when he anced budget since 1969; not one in 26 child in the United States of America. made man politic; he crossed himself by ’t: years. There have been only seven bal- I hope they have enjoyed this debate. and I cannot think but in the end the anced budgets in the last 60 years. Only It is not as good as ‘‘Les Miserables,’’ villanies of man will set him clear. seven. The national debt is now over but it is about as expensive. Now, can Mr. President, this constitutional $4.8 trillion. That is more than $18,500 you imagine what we are doing on an amendment unequivocally states that: for each man, woman, and child in annual basis? We are going up by leaps Total outlays for any fiscal year shall not America. Every one of us is in debt bet- and bounds—almost $1 billion a day in exceed total receipts for that fiscal year— ter than $18,500 and going up every day. national debt. So this is really impor- That means every year. The national debt has increased $3.6 tant. This is important stuff. unless three-fifths of the whole number of trillion since the Senate last passed I do not find any fault with those each House of Congress shall provide by law this balanced budget amendment back who feel otherwise except that I think for a specific excess of outlays over receipts in 1982 when I, as chairman of the Con- they are wrong. Something has to be by a rollcall vote. stitution Subcommittee, along with done. We can no longer fiddle while The two must balance, ‘‘unless three- Senator THURMOND and others, brought Washington burns. We have to change fifths of the whole number of each it to the floor for the first time in his- the old way of doing things around House of Congress shall provide by tory. We passed it through the Senate here. We have to start doing things in law,’’ meaning passed by both Houses by the requisite two-thirds vote plus a better way. and signed by the President, ‘‘for a spe- two. But the House killed the amend- This amendment, as imperfect as it cific excess of outlays over receipts by ment, and since that date in 1982, the may be, is still the most perfect we a rollcall vote.’’ national debt has gone up $3.6 trillion. have ever brought to either House of It cannot even be done by unanimous In 1994, last year, gross interest Congress, and it is a bipartisan con- consent. against the national debt exceeded $296 sensus amendment. This amendment is Of course, there is nothing in the billion. Just to put that in perspective, something that would get us to make present Constitution which says that that interest that we paid last year was priority choices among competing pro- we have to have a rollcall vote on ev- more than the total Federal budget or grams and force us toward trying to erything that passes either body. The total Federal outlays in 1974. Just live within our means. And it does it in Constitution does require a rollcall think about it. We spent more just pay- a reasonable and worthwhile way. vote if one-fifth of those present in ei- ing interest against the national debt— So I hope our colleagues will realize ther House request a rollcall vote. I that is money down the drain—than all this because we have 52 of 53 Repub- have no problem with requiring a roll- of the outlays of the Federal budget, licans who are going to vote for this. call vote. I do not mind that. And I do all of the spending of the Federal budg- All we need are 15 Democrats out of the not think other Senators mind it. I et, in 1974. And that $296 billion inter- 47. We are hopeful we will find 15 of have not missed a rollcall vote now in est payment last year is more than the them, and if we do, we will be on our over 10 years. I have cast around 13,500 total revenues of our Government were way to solving some of these terrible rollcall votes since I have been in the in 1975. problems that are besetting our coun- Senate, not counting the rollcall votes In 1994, gross interest consumed try, and we will be on our way to help- that I answered when I was in the about one-half of all personal income ing the future of all of our children and House of Representatives. The waiver taxes. One-half of all personal income grandchildren. has to be by a rollcall vote. taxes paid just went to pay interest I thank my dear friend from West And what of the economic effects of against the national debt in fiscal year Virginia. I look forward to his amend- this mandate for yearly budget bal- 1994. We spent an average of $811.7 mil- ment, and I thank him for allowing me ance? In fact, larger spending cuts or lion each day just on gross interest. this time just to set the tone for the tax increases would be required in slow That is $33.8 million each hour and debate beginning this afternoon. growth periods than in periods of ro- $564,000 each minute that we were (Mr. COATS assumed the Chair.) bust growth, exactly the opposite of spending on gross interest alone. Mr. BYRD. Mr. President, I thank what is needed to stabilize a weak Net interest payments in 1994 were the distinguished Senator from Utah economy and prevent recessions—ex- 51⁄2 times as much as outlays for all for his many courtesies and also for the actly the opposite. education, job training, and employ- work that he has done on this amend- The amendment, therefore, not only ment programs combined. Just think ment. risks making recessions of greater fre- about that. Net interest payments— I do not expect everybody to agree quency, depth, and duration, but man- that is net interest payments—in 1994 with me by any means on this or any- dating a balanced budget by fiscal year

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2922 CONGRESSIONAL RECORD — SENATE February 22, 1995 2002—a year for which a deficit of $322 tion of the debt which is backed up by years, the principal and the interest on billion is projected by CBO—or within 2 the full faith and credit of the State. that borrowed money. years following ratification, whichever Now, notice how the State debt has We hear much these days about a so- is later—would also impose constraints grown, both the nonguaranteed debt called Contract With America. The so- on the economy far in excess of those and the full faith and credit portion of called Contract With America. That is entailed in the 1993 budget law—a dou- the debt. In 1992, the total State gov- a big joke. In pursuance of that so- ble whammy—a double whammy—that ernment debt was $371.9 billion, of called Contract With America, the can stifle economic growth and cause which $272.3 billion was not backed up other body adopted this constitutional unemployment to soar. The three-fifths by the full faith and credit of the State amendment to balance the budget in 2 waiver provision would prove ineffec- but was nonguaranteed debt. That non- days—2 days! There is not a town coun- tive as most recessions are already un- guaranteed debt costs the State tax- cil in this country anywhere that derway before they are recognized as payers more than the guaranteed debt, would not spend 2 days—at least 2 such. in terms of interest. That portion that days—in determining whether or not to So, any recession may already be is colored yellow on the chart, that issue a permit to build a golf course. upon us. It may have been several portion of the total State debt was Two days! Our Founding Fathers spent months in duration already before it is backed up by the full faith and credit 116 days, from May 25, 1787, to Sep- recognized as such. Recessions often of the State. tember 17, both inclusive—116 days, be- are not recognized as recessions until a Therefore, one will see that in the hind closed doors. They stationed sen- month, 2 months, several subsequent course of 32 years, 1960 to 1992, State tries at the door, and the windows were months are passed. How are we, then, debt in this country increased from kept shut to prevent eavesdropping on going to waive, by a three-fifths vote, $18.5 billion to $371.9 billion. In other what was being said on the inside. this requirement, so as to pass a reso- words, roughly, as I calculate in my George Washington instructed the dele- lution for a specific excess of outlays cranium, the total State debt had in- gates to not leave any papers lying on over receipts? How are we going to do creased about 20 times—20 times. State the desks and to not discuss the pro- it? debt in 1992 was 20 times greater than ceedings with anyone on the outside. Suppose we have already passed the it was in 1960. We cannot even have a caucus without close of the fiscal year before we real- Who says that States balance their someone having to come out of the ize that we are in a recession? The end budgets? The States do not balance caucus and spill his guts to the press. their budgets. They are in debt. They of the fiscal year, September 30, has At that Constitutional Convention, are heavily in debt. They borrow to in- gone. How are we, then, going to waive on one occasion, someone carelessly vest, in most cases; but they borrow to by a three-fifths vote this requirement left his convention notes on the desk pay for roads and schools and other so as to provide a law for a specific ex- overnight. George Washington, the capital projects. Many of the Gov- cess of outlays over receipts for that next day, called attention to the fact ernors will say, ‘‘My State balances its fiscal year which has just passed. How that someone had left his notes, and budget, why can the Federal Govern- are we going to do that? Washington was upset. He threw the We hear it said that the American ment not balance its budget?’’ Those notes onto a table and said: ‘‘Let him people have to balance their personal Governors know better than that. They who owns it take it.’’ Nobody claimed budgets. That is one of the shibboleths know that the States operate on two the notes. Washington walked out of that we have heard so often: The Amer- budgets, a capital budget and an oper- the room. It was serious. The Framers ican people balance their budgets. ating budget. So why attempt to mis- met for 116 days; yet here, in 2 days Every family has to balance its budget, lead the people into thinking that or- time—2 days—the other body adopts we hear. States have to balance their anges are apples or that apples are or- this constitutional amendment. budgets—that is another shibboleth. anges or that black is white or that States have to balance their budgets, white is black, when the case is plainly Thank God for the U.S. Senate! The why can the Federal Government not not such? Founding Fathers certainly knew what balance its budget? Let us take a closer The Federal Government operates on they were doing when they created the look at these popular notions. First, I a unified budget. It does not have two Senate, a place where we can have un- do not think anyone would argue that budgets, a capital budget and a oper- limited debate. It can only be limited businesses should not be able to bor- ating budget. So the States are dif- by a cloture motion or by the willful row. We all know that businesses bor- ferent. But do not let anybody ever tell entering into a unanimous-consent row to finance the purchase of high you that the States are not in debt. agreement on the part of all of the technology and equipment. Businesses They are heavily in debt and they are Members. borrow to modernize plants and equip- going more into debt all the time, as This constitutional amendment is ment. we can see from this chart to my left. part of the so-called Contract With They would go under if they could Then there are those who say that America. I read about it every day. The not borrow. They have to keep their the American families balance their newspapers keep a running marker on equipment modernized in order to com- budgets—a lot of people believe that. the so-called contract—how many days pete with the other businesses in the But when they stop to think seriously have gone by, and what has passed the community or nearby. They have to about the matter, they will come to House, and all that. borrow in order to finance the purchase the conclusion that most American Well, I once signed a contract myself. of high technology and other equip- families really do not balance their But not the so-called Contract With ment. Businesses borrow to modernize budgets. They borrow. They borrow to America. I signed a contract once upon plants and equipment. States borrow. buy what? To buy an automobile. What a time and I have a replica of it here on My State of West Virginia borrows. else? To buy a home. I know, because I this chart. This was entered into on Other States borrow to pay for roads have had to borrow in my lifetime to May 25, 1937, almost 58 years ago. Let and schools and other capital projects. buy a home. My wife and I have worked us see what this contract says. Mind The chart to my left sets forth the hard to pay off the mortgage on the you, now, one of the shibboleths in this total State government debt, fiscal home. We were in debt. We did not bal- debate is that the American families years 1960 through 1992. And the source ance our budget. balance their budgets. I consider my- of the data on which the chart is based We balanced our operating budget, self as being an average American. I is the Bureau of The Census. Viewing but we did not balance our total budg- once had to work in a gas station, the chart to my left, the viewers will et. We had to borrow. We borrowed the which was my first job after grad- note that in 1960, the total of State money. We did not balance our budget, uating from high school in 1934. Then I government debt for 1960 is $18.5 bil- did we, in the sense that we are talking became a produce salesman. I sold cab- lion, of which the amount shown in the about here when we say that the Fed- bage, turnips, rutabagas, watermelons, red coloring, $9.2 billion, was non- eral Government ought to balance its peaches, pears, apples, radishes—all guaranteed debt. The portion that is budget? No. We borrowed the money, those nice things. I used to spread shown in the yellow color is that por- and we paid back, over a period of them on my produce counter. Then I

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2923 became a meat cutter. I worked as a of purchaser’s interest in any of the above $880 billion in 1994. In other words, in 14 meat cutter for a number of years. listed property, or remove any of said prop- or 15 years, it increased from close to While I was working in this meat erty from Raleigh County, then the Vendor, $300 billion to almost $900 billion, al- shop for Koppers Stores, I entered into its successors and assigns, shall have the most three times as much. right to retake possession of said articles this contract. It is not the so-called and deal with them in accordance with the Those peoples are borrowing to make Contract With America, you under- statutes for such cases made and provided an investment, for the most part. They stand. This contract cost me $189.50. and in so doing, enter and, if necessary, are investing in a roof over their heads What did I get out of this contract? No break into any house, place or premises when they borrow money for their Contract With America is as bona fide where said articles may be, provided the homes. They are investing in a brighter as this contract was. If I had broken same may be done without breach of the future for their children when they this contract, I would never have come peace; or the said company may, at its op- borrow money for college loans. These to the U.S. Senate. Here is what it tion, rescind this sale. Witness the following signatures and the are investments that families make in said: seal of Purchaser this 25th day of May, 1937. the future. Surely no one would advo- ‘‘Store number 30.’’ You see, Koppers And here is yours truly, ‘‘sign here,’’ cate passing a law that would prohibit Stores was an organization that had a that type of borrowing. Surely no Sen- number of stores in Pennsylvania, West it says, ‘‘ROBERT BYRD.’’ This is it! That was my contract—$189.50. ator would stand on this floor and offer Virginia, and some other States. The a bill that mandated that a family or a customer, who was he? ROBERT BYRD. Now, that is about what every family in America has to experience from business or a State of this Union would Date, May 25, 1937. That was 4 days be- be denied all loans unless those loans fore I got married. I am still married to time to time in buying a house, buying a car, buying a bedroom suite, buying a could be paid in full within 12 months. my first wife. On May 25, 1937, I entered Yet, under this amendment, unless into that contract. What does it say? refrigerator, buying a farm. My foster father bought a farm in the three-fifths of the whole number of This conditional sales agreement between mid-1920’s. Did he pay for it in cash? both Houses vote to allow Federal bor- Koppers Stores, Division of Koppers Coal rowing on an annual basis, the Federal Company, a Delaware Corporation, herein- No. He had to go in debt for it. I re- after called Vendor— member that we lived in Mercer Coun- government will be denied the methods ty at that time. He had a gentleman that most businesses, State and local I probably did not know what ‘‘ven- governments, and families use to fi- dor’’ meant at that time. I had just sign his note. The man’s name was Eads—a Mr. Eads. I forget the first nance investments critical to their graduated from high school three years proper functioning, economic pros- before. I was out of high school 16 years name, but he lived at Camp Creek in Mercer County, West Virginia. He perity, stability, and well-being. We before I started to college. would be making it nearly impossible and Robert Byrd, residing at Stotesbury, signed the note for $1,800. It was a 26- acre farm. It was not a great farm; just for the Federal government to ever House No. 207 . . . in the County of Raleigh, again make a substantial investment State of West Virginia . . .— two hillsides that came together down in its people, and in their future unless Here is what was in the contract: A in the hollow where a creek meandered its way down the valley. Sometimes it it could be totally paid for each and five-piece bedroom suite consisting of every year. Never mind the merit of one vanity, one bed, one chest, one became a swirling treacherous stream when the rains came. the investment. Never mind the wis- night table, and one bench, valued at dom or the need of the investment. $189.50. Here is what the contract said. But he went into debt for that farm, $1,800, along about 1925–1926. I was in There is only one standard which must . . . which articles Purchaser agrees to use about the fifth grade. My dad had to go be met and that is the standard of abil- and keep in like good order and for which ity to completely offset any costs year- Purchaser agrees to pay in cash or scrip of in debt. the above-named company as follows: $5 on So that is the story as to how Amer- ly. delivery of this agreement, the receipt of ican families ‘‘balance’’ their budgets. I know there is the out, there is the which is hereby acknowledged, and the sum So don’t let it be said that the Fed- escape hatch, of three-fifths of the of $7.50, twice each month, payable on the eral Government should balance its Members may vote to waive this man- two Saturdays which are nearest to the budget like ‘‘every family in America date. tenth and twenty-fifth days of each month at balances its budget.’’ Only a few fortu- What about the argument that 49 the offices of the above named company, for 13 months . . . nate families, relatively speaking, are States have some type of statutory or . . . or until the total amount of $189.50 able to balance their budgets. Families constitutional balanced budget re- shall have been paid, and Purchaser hereby borrow to buy a farm, or farm equip- quirement, so why should we not have assigns to Vendor out of any wages due to ment, or to finance a college edu- a balanced budget amendment to the Purchaser from Purchaser’s employer, semi- cation. Many parents borrow money to Federal Constitution? This argument is monthly, the said sums so payable semi- finance the college education of their simplistic, perhaps interesting, but monthly to Vendor under the terms hereof sons and daughters. In fact, the Amer- really not relevant. The States, unlike until said total amount shall have been paid, and hereby authorizes and directs his em- ican people have borrowed billions of the Federal government, are not re- ployer to deduct said sums on the days afore- dollars, as shown on the chart to my quired to raise and support armies, not mentioned from wages due him on such days, left, for myriad reasons. required to provide and maintain a and to pay the same to Vendor, after which This chart to my left indicates the navy, not required to provide for the total payment the title to the above listed consumer debt from installment loans common defense and general welfare of property shall pass to Purchaser without en- in billions of dollars. This excludes real the United States. Nor do they carry cumbrance. estate, which amounts to over $3.5 tril- the responsibility for the conduct of See, not until I have paid that $189.50 lion. international relations or for the fiscal did the title pass to this poor old In 1980, the consumer debt in this and economic policy of the Nation. butcher boy. country was $292 billion. It has gone up Moreover, there are fundamental dif- It is understood, however, that pending every year, has increased, with the ex- ferences in Federal and State fiscal and such total payment, title to said property is ception of 2 years. In 1991 and 1992 budgeting structures. Balanced budget reserved and remains in Vendor. And it is there was a slight drop. In 1992, it requirements for States generally af- agreed that Purchaser shall not, without the dropped to $731 billion. But in 1994, fect operating budgets but not capital consent of Vendor, remove said articles from September, the consumer debt in this budgets, whereas the Federal govern- Raleigh County, nor sell, mortgage, or other- wise dispose of Purchaser’s interest in them. country from installment loans was ment operates on a unified budget. Op- And it is agreed that if Purchaser should $880 billion. That does not count real erating and capital budgets are not be in default— estate debt. Real estate debt that the separate and distinct in the Federal Get this. American people owe is over $3.5 tril- budget as they are in State budgets. in the payment of any of the installments of lion—over $3.5 trillion—for their homes This proposed balanced budget amend- purchase money due hereunder, without the and farms. But other than real estate, ment to the U.S. Constitution would written consent of Vendor, or if Purchaser consumer debt itself from installment require the total Federal budget to be should sell, mortgage, or otherwise dispose loans went from $292 billion in 1980 to balanced, including capital investment,

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2924 CONGRESSIONAL RECORD — SENATE February 22, 1995 pension funds, and operating expendi- votes; California, with 52; New York, sions did three-fifths of the whole num- tures, and it would require such a with 31; Texas, with 30; Florida, with ber of both Houses vote to increase the budget each and every year. 23; Pennsylvania, with 21; and Illinois, debt limit over the period of February Furthermore, balanced budget re- with 20. That adds up to 177 votes. Two 1981 through August of 1993. This quirements and practices at the State votes to spare. It only takes 175 votes means that on only two occasions did levels leave much room for evasion, so in the other House to thwart a waiver the Congress meet the supermajority that not everything meets the naked of this requirement in this new con- requirements of this balanced budget eye. Revenues and expenditures are stitutional amendment. We could sub- amendment. To further illustrate the often shifted from one fiscal year to stitute Ohio for Illinois, substitute 19 difficulties of requiring a super- the next, off-budget agencies are often for 20, and if we do that we have 176 majority vote to raise the debt limit I used, program and funding responsibil- votes. So we still have one vote to quote from a letter which I received ities are shifted to county and local spare. from the Director of the Office of Man- governments, short-term borrowing Remember that 175 votes will block agement and Budget, Dr. Alice Rivlin. and borrowing from pension funds are the waiver of section 1, or the waiver of She writes in part ‘‘* * * the amend- common at the State level. section 2. If we substitute Ohio for ment’s debt limit provisions would lead Much State borrowing is made Pennsylvania, Ohio with 19, Pennsyl- to financial brinkmanship. It would through off-budget, non-guaranteed vania with 21, and put Ohio in with 19 permit a minority, in the House or the debt instruments which require higher votes, we hit it right on the nose—right Senate, to hold the Federal Treasury interest payments. The States are in on the nose, 175 votes. hostage whenever the nation’s finances debt. We better believe it. The Gov- Therefore, under this scenario, 6 require the issuance of additional ernors say, ‘‘We balance our budgets.’’ States have by virtue of the provision debt.’’ This is an exceedingly irrespon- Mr. Reagan used to say, ‘‘Well, we bal- in the proposed constitutional amend- sible requirement. It is a ‘‘doomsday’’ anced our budget in California, the ment outvoted the other 44 States. device. Using the debt ceiling to force States have to balance their budgets.’’ How do small States feel about that? Congress and the President to come to- ‘‘The States have it, why not let me The big States can have the ability to gether on spending cuts or revenue in- have it?’’ Mr. Bush would say the same band together and bargain. If those six creases in order to avoid a presumed thing. ‘‘They balance their budgets, States stood solidly in the House, they deficit, while holding the American why not the Federal Government?’’ could say to the whole Senate, they people hostage is fraught with prob- But in fact, they do not. The States are could say to the rest of the Members of lems. So what happens if Congress fails in debt, but they hide it. the House ‘‘We will not budge unless to extend the debt limit? The Treasury On another front, Mr. President, the you give to us this or that.’’ The voting would cease to issue new debt. Writing three-fifths requirement to waive the power of the other 44 States will be checks for any purpose would be se- requirements of section 1 would have rendered nugatory. Small States had verely curtailed. There could be no as- the real effect of diluting the power of better take a good, hard look at the surance that social security checks the small States of this country. I hope fine print with this constitutional could be issued. There could be no as- that the rural States and smaller amendment. And Senators who rep- surance that payments could be made States will take a long, hard look at resent small States had better take a to our military men and women, or our this provision. If this amendment is hard look because in the other body, judges, the President, Congress, or any- ratified, we are going to have to bal- small States will not wield nearly the one else. Even interest payments on ance this budget, come—I will not say power as would the large States. The our current debt obligations could not the word ‘‘hell,’’ I will use the word people of the small States and the be assured. Payments for unemploy- Abaddon or Sheol, but as some would newspapers in the small States had ment benefits, farm price supports, say—hell or high water, in any and better take notice. Small States are Medicare bills, and child nutrition pro- every fiscal year—recession, depression going to be left out in the cold. It will grams would be, at best, intermittent, or not, unless ‘‘three-fifths of the be a perpetual winter of discontent. if made at all—if made at all. Even whole number of each House of Con- Perhaps it would only be in an extreme basic government services could not be gress shall provide by law for a specific situation, and it would be, that six assured. The Federal government excess of outlays over receipts by a States would line up as they are lined would be in chaos. rollcall vote.’’ Now, that dilutes the up on the charts, but it is possible. A vote for this constitutional amend- voting strength of the small- and me- Small States would be penalized under ment is a vote for delay, at least until dium-sized States in this country. It this amendment. the year 2002. It is as phony as a $3 bill. puts into the hands of the large States It might not be 6 States, it might be I have never seen a $3 bill, just as I will vast bargaining power. 8, might be 10, it might be 15. Make no never see a balanced budget through Let me illustrate my point. I will bones about it, small States will be pe- this amendment. It is a cop out. It will take only six States. How many votes nalized under the amendment. Make no straitjacket the Government in reces- would be required to defeat any waiv- bones about it. sion, and it will force us to overload er? It only takes two-fifths plus one Now let us take a look at the sec- services and programs on the States, vote of either House. The Senate might tions of the amendment involving limit and, in the end, it will open the way to unanimously support a waiver of sec- on the debt. Under House Joint Resolu- litigation, and the invitation to the tion 1 in a given year. In the Senate, tion 1, the debt limit cannot be in- courts of this country to become the all the States are equal. This is the creased unless three-fifths of the whole super-Offices of Management and Budg- only forum in this Government in number of each House votes to do so by et and involve themselves in the legis- which all the States—large States, rollcall. lative control over the purse. small States, middle-sized States—are I will read it: This could be rightly named the equal. Little West Virginia is equal to Section 2, the limit on the debt of the ‘‘lawyer’s amendment’’ or the constitu- the mighty State of California. West United States held by the public shall not be tional amendment for the benefit of Virginia has three votes in the other increased, unless three-fifths of the whole lawyers. ‘‘The first thing we do, let’s body. Three votes. California has 52. number of each House shall provide by law kill all the lawyers,’’ Shakespeare said Two-fifths plus one of the other body, for such an increase by a rollcall vote. in the second part of Henry VI. ‘‘The can thwart the waiver. That is where Increases in the debt limit often mus- first thing we do, let’s kill all the law- the voting strength of the small States ter only a bare majority, and then, yers.’’ The lawyers are going to have a would be diluted. There are 435 Mem- with some difficulty. In fact, the debt field day on this amendment, because bers of the other body. One-fifth is 87. limit has been raised 29 times over the it is going to open up the way to litiga- Two-fifths is 174. All that is needed in period February 1981 through August of tion, and it will be an open invitation the House to block the waiver of sec- 1993 and in only two of those instances to the courts of this country to become tion 1 would be 175 votes. Now, on the did three-fifths of the whole number of the super-Offices of Management and chart to my left. Viewers will recognize both Houses vote to increase the debt Budget and involve themselves in the six States that have a total of 177 limit. But, on only two of those occa- legislative control over the purse. It

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2925 would enthrone the judges of this coun- on the policy, with no majority of the Section 1 states that three-fifths, try with the power to tell the people whole number of either House sup- ‘‘* * * of the whole number of each where the money will be spent and how porting the President’s action. Let us House of Congress shall provide by law revenues will be raised. These judges remember that the resolution author- for a specific excess of outlays over re- will become unelected representatives izing the use of force in the Persian ceipts by a rollcall vote.’’ Suppose we of the people appointed for life. The Gulf passed the Senate by a vote of 52 are involved in a military conflict end result would be taxation without to 47. If such a situation did not meet which crosses from one fiscal year to representation, and we fought one war the test of section 5 and three-fifths of another. But, then let us also suppose over that principle a little over 200 the Congress would not vote to waive that the conflict appears to be winding years ago. this amendment as provided in section down, and for a time it appears that The provisions of this article may be 1, then the Nation could find itself with there is not ‘‘an imminent and serious waived for any fiscal year in which the a Commander in Chief forced to oper- military threat to national security,’’ United States is engaged in military ate in violation of this constitutional and so the Congress does not waive the conflict which causes an imminent and requirement. Unfortunately it is a very provisions of the article. serious military threat to national se- possible outcome. Moreover, America’s Then let us further suppose that the curity and is so declared by a joint res- ability to respond to national emer- conflict flares up toward the end of the olution, adopted by a majority of the gencies even if a waiver were granted fiscal year and our fighting men and whole number of each House, which be- could be seriously impaired because, women are at risk and the battle is comes law. This is section 5. for the first time in the history of our raging. The President of the United I am going to read section 5 of the nation, we will be shackling our de- States is forced under this amendment constitutional amendment to balance fense preparedness to other unrelated and under section 3 to submit a bal- the budget: factors. anced budget every year. He is forced The Congress may waive the provisions of America’s defense preparedness to try to guess at what the costs of the this article for any fiscal year in which a could, if this amendment becomes law, conflict might be and, if they are going declaration of war is in effect. The provisions be determined by shifts in the overall to be large, to savage some other part of this article may be waived for any fiscal economy or cost growth in entitlement of the budget in order to try to pay for year in which the United States is engaged programs. This would inject great un- the conflict. Or he can just ignore the in military conflict which causes an immi- certainty and very likely chaos into nent and serious military threat to national situation and trust that the Congress security and is so declared by a joint resolu- our defense planning when what is will bail him out and either muster the tion, adopted by a majority of the whole needed, especially in the area of de- three-fifths vote to pay for the costs of number of each House, which becomes law. fense, is long-term dependability, pre- the conflict at the end of the fiscal Mr. President, if the Nation found dictability, and stability. Budgeting year or pass a joint resolution waiving itself in a situation so serious that the for defense under the balanced budget the appropriate provisions of the Congress passed a declaration of war, amendment is especially unwieldy be- amendment. then certainly the Congress would ex- cause of the long-lead time needed for I would not want to be a President ercise this waiver, I should think. No our important weapons systems. Many charged with protecting American lives doubt about it. years of research and development are under those circumstances. I would not Declarations of war have been known needed to ensure that our forces can re- want to be a President charged with to be in effect for many years following spond to emergencies and are never protecting the national security under the termination of the actual fighting outgunned. Programs cannot be started those circumstances. I would not want war—which might create a problem and stopped at the whim of an out-of- to be a general in the field under those here. balance budget, caused by a rise in in- circumstances. I would not want to be However, as a practical matter, the terest rates or unforeseen growth in the father of a son or a daughter or United States has been involved in entitlement programs. We cannot re- grandfather of a grandson or grand- three wars and numerous other mili- cruit and train military professionals daughter fighting in that conflict. I tary engagements over the past 50 adequately in a climate of constant would not want to be an ally of a na- years and none of them has been con- budget uncertainty. Defense prepared- tion with that kind of convoluted un- ducted under a declaration of war. ness and effectiveness cannot result certainty lurking behind its ability to The Korean war under the auspices of when the funds for a strong defense are make good on its commitments. the United Nations; the war in Viet- uncertain or in peril from year to year. I think we have a right to believe nam; the Persian Gulf war, and numer- Mr. President, this balanced budget that other nations likewise would have ous other military engagements in the amendment is plagued with problems. some qualms about being our ally past 50 years were conducted without a They are problems which cannot be under those conditions. Nations that declaration of war. rectified because they impose fiscal ri- are our allies would certainly not feel Section 5 goes on to provide for a gidity upon the nation’s economic and that they could count on this Nation in waiver of the balanced budget require- fiscal policies. The amendment pro- a moment of criticality. ment if the Congress passes a joint res- motes a paralysis of the nation’s abil- A dedicated minority could so ham- olution, by a majority of the whole ity to act to protect itself in a crisis. It string a President that he is unable to number of each House, declaring that amounts to a lockjaw, a tetanus eco- continue his commitment to our fight- the United States is engaged in a con- nomic policy both now and forever- ing men and women and to our allies in flict that poses imminent and serious more. It is a bad idea whose time never a conflict. A devious enemy could use military threat to the national secu- was, and it deserves to be soundly de- the hurdles and traps which we are rity. This would appear to provide the feated. constructing with this ill-conceived flexibility required, but it is easy to It seems to me that some of the most proposal to affect this Nation’s ability envision scenarios where this scheme disturbing flaws in this most dis- to wage a war. would break down. turbing Constitutional amendment are Why in the world would any nation If a military emergency develops late to be found in section 5 because section want to set up such a vicious snare for in a fiscal year and the President, as 5 sets up an obstacle course—delib- its own national security interests? Commander in Chief, takes immediate erately constructs hurdles and traps— Why would any other nation want to steps to address the crisis, such as hap- which must be conquered before we can line up with us, knowing that it, the pened in Operation Desert Shield, then deal with a threat to our national secu- other nation, could not depend upon us how would the funding be affected? rity. Additionally, when section 5 is to deliver the three-fifths requirement Even if the Congress passed a resolu- coupled with section 1 and section 3, or to deliver the majority of the total tion supporting the President’s initial the President and the Congress can membership of both Houses in a crit- action, the situation might not clearly both be put in a perfectly ludicrous sit- ical situation? meet the test of ‘‘imminent and serious uation with regard to the protection of I wonder if the authors of this military threat to national security.’’ our fighting men and women and the amendment really sat down and The Congress might be deeply divided national security interest. thought about the impact of this ill-

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2926 CONGRESSIONAL RECORD — SENATE February 22, 1995 conceived idea upon our nations secu- If we have not the ‘‘wisdom’’ in the could be a future time when the vote in rity interests? We have heard all of crafting of the proposal, let us at least the Senate is a tie—when there are 50 this talk about protecting the defense have the wisdom to reject it. for and 50 against a joint resolution to budget from cuts under the amend- AMENDMENT NO. 256 lift the waiver imposed by this con- ment, but have the proponents really (Purpose: To permit waiver of the article stitutional amendment at a time when played out the consequences of sections when the United States is engaged in mili- our country’s very security is in seri- 1, 3, and 5 in the event that we are en- tary conflict by majority vote) ous jeopardy, and the lives of our fight- gaged in lengthy military operations? Mr. BYRD. Mr. President, I believe I ing men and women are on the line. I believe that the proponents have have an amendment at the desk, No. The vote is tied, 50–50. become so obsessed with the idea of 256. I call up that amendment. ramming through a constitutional Normally, under the Constitution as The PRESIDING OFFICER. The it now exists, the Vice President could amendment to balance the budget that clerk will report. they have put all other concerns on the cast a vote to break that tie. What The assistant legislative clerk read about this situation? He may still cast back burner. They are wearing huge as follows: and heavy blinders. While blinders may a vote, but the resolution on that occa- be useful to help a nervous horse run a The Senator from West Virginia [Mr. sion has to be adopted by a majority of BYRD] proposes an amendment numbered 256, race, they serve human beings, who the whole number of each body. The must keep their eyes on many prior- On page 2, lines 24 and 25, strike ‘‘, adopted ‘‘whole number’’ in the Senate is pres- by a majority of the whole number of each ities, very poorly indeed. House’’. ently 100 Senators. A majority of the This amendment so rewrites the con- whole number is 51. Consequently, if Mr. BYRD addressed the Chair. stitution, so shifts the balance of this amendment is riveted into the The PRESIDING OFFICER. The Sen- power among the three branches, and Constitution, a resolution waiving the so thoroughly rearranges the checks ator from West Virginia. Mr. BYRD. Mr. President, the effect strictures of this constitutional and balances that it is in effect amendment in a time of serious peril to anticonstitutional. of this amendment is as follows. It would strike from section 5 the words, our Nation cannot pass on a tie vote. It Now, obviously, it will not be uncon- cannot be adopted by this Senate by a stitutional if the Congress adopts it ‘‘adopted by a majority of the whole number of each House.’’ majority of 50 to 49 or 50 to 40 or 50 to and it is ratified by three-fourths of 30 or 50 to 20 or 50 to 10 or 50 to 1. There the States. It will not be unconstitu- It would leave standing all of the must be 51 votes cast to adopt the reso- tional because it will then be part of foregoing words, namely: lution waiving the requirements that the Constitution. But it will be Section 5, the Congress may waive the pro- are imposed by this constitutional anticonstitutional in the sense that vision of this article for any fiscal year in our framers had in mind when they cre- which a declaration of war is in effect. The amendment. There must be 51, no less. ated a system of mixed powers, checks provisions of this article may be waived for And the 51 votes have to be cast by any fiscal year in which the United States is Members of the body. and balances, with the power of the engaged in military conflict which causes an purse, power to tax, power to appro- imminent and serious military threat to na- The Vice President is not a Member priate funds lodged in the legislative tional security and is so declared by a joint of this body. If the vote is 50–50, as it branch. resolution, which becomes law. was in the case of the deficit reduction I believe that the adoption of this So it eliminates the requirement package, the reconciliation bill in 1993, amendment will have the impact of that such a joint resolution be adopted the Vice President cast the deciding shredding the constitution as we have by a majority of the whole number of vote there, but in this situation his traditionally known it. Such confusion each House, which becomes law. vote would not count because he is not will abound, such litigation will occur, I call attention to the fact that to re- a ‘‘Member’’ of the Senate. There must such unintended snares and bottle- quire a majority of the whole number be 51 Senators, and in the House there necks will arise that we will most as- of each House would preclude the Vice must be a majority of the whole num- suredly suffer a constitutional crisis of President of the United States from ber of the House. The whole number large proportions if it is adopted. casting a deciding vote on a given mo- there being presently 435, there would Now, those are the nightmares if this tion to waive this section. If the votes constitutional amendment is enforced. have to be 218 votes in the House by a were tied—tied at 40–40, he might as Of course, if it is not enforced, then it rollcall vote. If that is not well not vote because his vote would creates a different nightmare, that straitjacketing the Nation when the not count. If they were tied at 50–50, as being the nightmare of the amend- Nation’s security is at stake, I do not we have seen occur in the case of the ment’s being nothing more than an know what a straitjacket is. 1993 reconciliation bill—the 1993 rec- empty promise written into the Con- It seems to me what would happen in onciliation bill, that was to reduce the stitution of the United States, an an event like that—aside from what budget deficits over the period of the empty promise, in which event the con- may happen to our national security fidence of the American people in the following 5 years by something like $482 billion—the votes were tied: 50 and what may happen to the men and Constitution will be shattered and women whose lives are at stake out their confidence in their Government votes for and 50 votes against. Not a single Republican Senator voted for there—what would happen would be a will suffer further. constitutional crisis. Do not think that To mandate such an unrealistic cri- that package. They all voted against it because they said taxes were increased the court would not enter into that po- terion for a great nation is in effect to litical thicket. If the Constitution is chain its most vital function—its abil- in it. But they all voted against it. The amended by this monstrosity—the ity to protect its citizens and its na- vote was 50–50. The Vice President cast original portion of the Constitution tional interests—to the fluctuations of the deciding vote in that instance. says that the Vice President may cast a giant economy, to the unpredict- In this situation, if we find that our ability of the whims of public opinion country is faced with an imminent and the deciding vote. The courts are going and to a green eyeshade view of na- serious military threat to its security, to intervene, because you have the tional priorities. Congress can waive the requirements of original Constitution saying on the one Balancing the budget is a laudable the amendment, namely that the out- hand, that the Vice President, in the goal. I share that goal. We all share lays in a given year not exceed the re- case of a tie, may cast the deciding that goal. But absolute budget balance, ceipts. But Congress can waive that re- vote. On the other hand we have this each and every year, is neither laud- quirement only if a joint resolution is balanced budget amendment which able nor, in every case, wise. passed, which is adopted by a majority says that a joint resolution, to be Surely, we do not want to go down of the whole number of each House. adopted, must be adopted by a major- this dark and murky road. It is more There is no such requirement now in ity of the ‘‘whole number’’ of each than apparent that the wisdom of the the law or in the Constitution. But, House before that resolution can be- Framers is not manifest in this latest with past experience vividly in view, it come law. The Vice President is not a proposed addition to the Constitution. is not untoward to conceive that there Member of either House.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2927 So the Vice President’s vote cannot time not be charged against either Moreover, even before hostilities are count in the Senate in that situation. side. commenced and where our Nation faces Hence, if you have a 50–50 vote, the The PRESIDING OFFICER. Without a real and imminent military or na- Vice President’s vote cannot count, be- objection, it is so ordered. tional security threat, I am confident cause the joint resolution must be sup- The clerk will call the roll. that the U.S. Congress would raise rev- ported by 51 Members of the Senate in The assistant legislative clerk pro- enue by the requisite constitutional any occasion involving the language of ceeded to call the roll. majority of section 4, or find the three- this amendment, section 5 thereof—it Mr. HATCH. Mr. President, I ask fifths majority needed to waive the has to have the support of at least 51 unanimous consent that the order for debt ceiling under section 2 of the Senators; 49 votes are not good enough; the quorum call be rescinded. amendment, or a combination of both, 50 votes are not good enough. It must The PRESIDING OFFICER. Without to provide the needed funding for our be 51. All Senators opposed to the joint objection, it is so ordered. young men and women in the military. resolution can just stay home. Their UNANIMOUS-CONSENT AGREEMENT I have no doubt about that and I do not votes do not count anyhow in a sense, Mr. HATCH. Mr. President, on behalf think anybody else does either. because it takes at least 51 votes of of the majority leader, I ask unani- We are not going to allow our young Senators. What is the court going to mous consent that following the dis- people to be placed in harm’s way with- say? What is the court going to say? position of the pending Byrd amend- out the backing of the Constitution of The court will not say that that is a ment, Senator ROCKEFELLER be recog- the United States. So this is kind of a political question. The courts are going nized to call up his amendment No. 306, red herring. to say, ‘‘That is a constitutional ques- and that time prior to a motion to The constitutional majority require- tion, and we are going to decide it.’’ table be divided as follows: 60 minutes ment of section 5, on the other hand, is The court will go into that thicket, be- under the control of Senator ROCKE- necessary for two reasons. It retards cause two provisions of the Constitu- FELLER; 30 minutes under the control Congress from labeling mere spending tion will now be in direct conflict. of Senator HATCH or his designee; and programs as national security or emer- The same thing would be true in the that following the conclusion or yield- gency measures. Witness President case of raising revenues. Section 4 ing back of time, the majority leader Clinton’s so-called 1993 stimulus pro- says, ‘‘No bill to increase revenues or his designee be recognized to make a gram, most of which was defeated and shall become law unless approved by a motion to table amendment No. 306. which contained things like $1 billion The PRESIDING OFFICER. Without majority of the whole number of each for summer youth employment—noth- objection, it is so ordered. House by rollcall vote.’’ Again, the ing to do with the national security, Vice President is not a Member of the AMENDMENT NO. 256 just another spending program—$1.3 Senate and, if the vote results in a tie, Mr. HATCH. Mr. President, I am al- billion for infrastructure improve- the Vice President may cast a vote if ways interested in the arguments of ments, which again has nothing to do he wishes to do so, but his vote will not our distinguished colleague from West with national security; $735 billion for count. He is not a Member of the Sen- Virginia who has raised issues con- compensatory education. cerning section 5 that he feels are ate, and the supporting votes of at The Clinton package was labeled the prominent and important. But section least 51 Senators will be required. A Emergency Supplemental Appropria- 5 of this amendment, which in part pro- vote of a simple majority of the Sen- tions Act of 1993. No matter what one’s vides for a waiver of the amendment’s ators present and voting—as is now the view as to the importance of these pro- requirements for any fiscal year in case under the Constitution and the grams, they cannot be considered which the United States is involved in rules—will no longer prevail. emergencies that needed immediate a military conflict that presents a seri- Section 4 of the balanced budget funding. In fact, if you take the sum- ous threat to national security by a amendment reads: mer youth program, we would have all constitutional majority of both Houses No bill to increase revenue shall become kinds of summer youth programs and of Congress, does not in any way, shape law unless approved by a majority of the have them then. We have over 150 job whole number of each House by a rollcall or form hinder the ability of this Na- training programs, a number of which vote. tion to protect itself, as Senator BYRD, are used for unemployed youth, includ- the distinguished Senator from West I would like for somebody to come ing Job Corps, which I have helped to Virginia, and certain opponents of the and explain this. Where is that ‘‘Repub- save, an expensive but working pro- balanced budget amendment contend. lican response team,’’ that noble, noble gram that really does save us millions Does anyone really suggest that response team? Come over and explain of dollars over the long run with regard Members of Congress would vote to this Senator from the hill country to each person that they place in work against a waiver for an ongoing mili- how we shall interpret that section. life positions. As far as compensatory tary engagement which presented a The Vice President—the Vice Presi- education programs, we have all kinds threat to national security? I really do dent’s vote again will not count. He is of those as well. They were clearly not not think that argument can be made not a Member of this body. emergency programs. I believe I am limited to 1 hour under with a straight face. So, No. 1, Congress has to be retarded my control on this amendment? This is not a situation analogous to The PRESIDING OFFICER (Mr. the situation before the Haiti invasion, from labeling regular spending pro- grams as emergency programs, or Con- BURNS). The Senator is correct. where there was no imminent threat to Mr. BYRD. I do not want to utilize the United States and where congres- gress will call everything an emer- my time further in, waiting on the val- sional and public opinion was in fact gency measure, just as this administra- iant and noble members of the ‘‘re- split. This is more like the situation in tion tried to do so in its emergency sponse team’’ of nine Senators to re- the Persian Gulf and in Kuwait back in stimulus program. spond to this poor little old Senator 1991. The second reason is, the constitu- from West Virginia. I suppose it is Thus, after the gulf war began, H.R. tional majority requirement does force legal for them—and constitutional—for 1282, the Operation Desert Shield/ a rollcall vote. That is something we them to gang up on me like that, but I Desert Storm Supplemental Act passed do not always do around here. We have am not going to use up my hour wait- the House by a vote of 380 to 19, on what is known as a voice vote situation ing on them. March 7, 1991. It passed the Senate 98 to that saves Members of Congress, and So, Mr. President, I reserve the re- 1, on March 19, 1991, and was signed especially Members of the Senate, from mainder of my time. I have called up into law by President Bush on April 10 making the tough economic votes the amendment. It has been read. of the same year. This amply dem- around here. This provision requires a I yield the floor. onstrates that Congress will over- rollcall vote. The PRESIDING OFFICER. Who whelmingly take measures to protect Mr. BYRD. Mr. President, will the yields time? our troops and to protect our country, Senator yield? Mr. BYRD. Mr. President, I suggest where national security interests real- Mr. HATCH. I will be pleased to the absence of a quorum and I ask the ly are involved. yield.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2928 CONGRESSIONAL RECORD — SENATE February 22, 1995 Mr. BYRD. I do not want to interrupt of my reasoning; that being, that the None of those great substantive powers him in the middle of a sentence. But requirement that a joint resolution, in turns on a supermajority vote. We have why do we have to write in the Con- section 5, be adopted by a majority of gone over those—I see the ‘‘response stitution a provision to require a roll- the whole number of each House. That team’’ gathering. call vote? The Constitution that we provision calls into serious question But the question is, where we have a now have says that on the request of the vote of the Vice President in the 50–50 vote, you cannot squeeze another one-fifth of the Members present, we case of a tie vote. How do we get drop of blood out of that turnip, be- will have a rollcall vote. Why do we around that? cause there are only 100 Senators. You have to write a new constitutional Mr. HATCH. Well, I think I have an- have a 50–50 tie. If the Vice President amendment to get a rollcall vote? swered the distinguished Senator from casts a vote, you do not have the 51 Mr. HATCH. Well, in this particular West Virginia. The reason we are put- Members, you do not have a majority case, to answer my distinguished col- ting that in there is because we want of the whole number of the Senate. league from West Virginia, we have had to make it difficult for the Congress to Now, I am still waiting for the Sen- countless illustrations of voice votes hide any spending program under the ator’s answer on that. on matters as important as real emer- ‘‘emergency’’ designation. Let me read from Federalist No. 68, gency matters. And what this does, it Mr. BYRD. That is not an answer to just says, ‘‘Look, you are going to have by Hamilton, in reference to the Vice my question. President. to have a rollcall vote if you want to Mr. HATCH. Well, it is an answer to call something an emergency, and you your question. Mr. HATCH. May I ask my colleague are going to have to have a constitu- Mr. BYRD. No, it is not. What does from West Virginia if he will do so on tional majority in order to succeed on the Senator have to say to my ques- his own time. that rollcall vote.’’ tion, which goes right to the point of Mr. BYRD. Yes, I will read this on If it is an emergency, I do not see any allowing the Vice President of the my time. problem getting a constitutional ma- United States to cast a deciding vote? Mr. HATCH. Not that I mind yielding jority which, after all, just means one Mr. HATCH. Let me get to that. my time, because I am happy to do it. thing, and that is that before this Mr. BYRD. Very well. This is a good debate. This is a good measure can pass, Congress is going to Mr. HATCH. First of all, what we are interchange. But it would allow me to have to stand up and vote, at least 51 trying to do is to make it difficult to save some time. Senators in the Senate, 218 Members of hide behind the word ‘‘emergency’’ in Mr. BYRD. This, it seems to me, is the House, in order to do so. passing whatever they want to by a one of the critical points that is raised Mr. BYRD. Will the Senator yield? simple rollcall vote. by section 5 of this amendment. I hope Mr. HATCH. I am delighted to yield. Second, there are other super- Mr. BYRD. Mr. President, that would to have more than an hour, and that we majority votes already in the Constitu- could take a little more time if needed. not be any blue ribbon accomplishment tion where the Vice President’s vote is that is worth going through the throes Hamilton said in Federalist No. 68, not essential in the Senate. Veto over- with reference to the Vice President: of getting a new constitutional amend- rides are certainly illustrations where ment written into the present Con- the Vice President’s vote is not going The appointment of an extraordinary per- stitution, to say that Members will to count for anything. son, as Vice-President, has been objected to have to stand up and vote. What we are doing here is providing a as superfluous, if not mischievous * * *. But Who minds that? I have not missed a two considerations seem to justify the ideas means whereby you have to have a con- of the convention in this respect. One is that vote in over 10 years. I am sure other stitutional majority of the whole num- Senators have not missed many votes. to secure at all times the possibility of a de- ber of each House in order to pass legis- finitive resolution of the body, it is nec- I daresay, may I say to the distin- lation pursuant to section 5, among essary that the President should have only a guished Senator from Utah, that prac- others. The purpose of the constitu- casting vote. tically every Senator in this body, I tional majority, or 51 within the Sen- Meaning the President of the Senate. would say, without having looked at ate, makes it clear that there is not the record recently, has better than a Now, how can the requirements of going to be any tie. If you are going to the original Constitution be lived up 90 percent voting record. have an emergency, you want to vote Mr. HATCH. I think that is right. to? How can the principles as expressed on it, you are going to have to have 51 When they are called upon to vote, by Hamilton in the Federalist No. 68 be Senators vote for it at least, and at Senators generally vote. And in these obeyed if we deprive the President of least 218 Members of the House. instances, they will have to vote. this body, the Vice President of the In other words, it has been con- Where, as the distinguished Senator United States, the opportunity of cast- templated by the Founding Fathers, knows, we have many very tough votes ing a deciding vote? who put in majorities in some in- that are cast by a voice vote where the stances into the constitution, the veto I will read that again: One consider- rollcall is not recorded, because there override being just one illustration of ation ‘‘is that to secure at all times’’— is no rollcall. all times, not just part of the times, Mr. BYRD. Why? Because no Senator something in the Constitution that says you do not have simple demo- not just on certain occasions—‘‘secure requests the yeas and nays in those at all times the possibility of a defini- cases. cratic majoritarian rule in all matters in the Constitution. In this particular tive resolution of the body, it is nec- Mr. HATCH. And there is reason for essary that the President should have that. case, so that we do not have a contin- uous hiding behind the word ‘‘emer- only a casting vote.’’ He can only cast Mr. BYRD. If a Senator requests the that vote to break a tie so as to bring yeas and nays, he is going to get a suf- gency,’’ we are saying that you must have a constitutional majority of the about a definitive resolution of a given ficient show of seconds, or he will put matter. in a quorum call until he does get a whole number of each House in order to Now, otherwise in this amendment sufficient number to require a rollcall waive the provisions of article V. here, if we have a tie vote, may I say, vote. Mr. BYRD. Will the Senator yield? Mr. HATCH. That is true. The Sen- Mr. HATCH. I am delighted to yield. it seems to me that we are not going to ator makes a good point. I think the Mr. BYRD. Mr. President, there are have a ‘‘definitive resolution’’ by this Senator from West Virginia has been supermajorities in the Constitution. body. one of those who is willing to vote on We have discussed those on previous Mr. HATCH. Mr. President, if I may everything. He has always had the occasions. answer, the Founding Fathers not only courage to stand up and vote. Mr. HATCH. That is right. provided for the Vice President to Mr. BYRD. Will the Senator yield? Mr. BYRD. But nowhere, nowhere, do break a tie vote when we have a simple Mr. HATCH. Yes, I am delighted to we find a supermajority required in majority vote—which would continue yield. connection with the great substantive to be the law, it would continue to be Mr. BYRD. Mr. President, the Sen- powers granted to the Congress in arti- constitutional law—but they provided ator has not answered the main point cle I, section 9, or article I, section 8. means in article V where we could

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2929 amend the Constitution of the United Let me just say that the idea of a Houses that the President is unable to States. They expected there would be supermajority vote—in this case, I discharge the duties of his office. amendments, and they made it very would not call it supermajority, just a Now, there is an excellent letter difficult for Members to amend. That is constitutional majority vote—is not which was printed from one of our col- why we have only had 27 amendments new in the Constitution. leagues, the distinguished Senator to the Constitution of the United Let me mention a few. Article I, sec- from Michigan, Senator SPENCER ABRA- States of America. tion 3, says that the Senate may con- HAM, which was written in Washington, This amendment, if it passes by the vict on an impeachment with a two- February 15, 1995, but published in the requisite two-thirds majority, if we are thirds vote. The Vice President has no New York Times under the editorial able to keep other amendments off and role in that. letter section on Monday, February 20, pass it by the requisite two-thirds ma- Article I, section 5, says that each 1995, which I think directly addresses jority and it is ratified by three quar- House may expel a Member with a two- what the distinguished Senator from ters of the States, would become the thirds vote, a supermajority vote. The West Virginia is saying. 28th amendment to the Constitution, Vice President has no say in that mat- So I ask unanimous consent that assuming there are no other inter- ter. that letter be printed in the RECORD at vening amendments that go through Mr. BYRD. Will the Senator yield? the same process. The PRESIDING OFFICER (Mr. this particular point, because I think it would be very enlightening. That means that what we are doing THOMPSON). The Senator from Utah. here is saying that we are amending Mr. HATCH. If I may just finish this There being no objection, the letter the Constitution because of the ex- line of statement, I will be happy to was ordered to be printed in the traordinary danger of the continually yield. RECORD, as follows: rising national debt and deficits. Article I, section 7, involves the Pres- FOUNDERS PROVIDED FOR BUDGET AMENDMENT To be honest, they contemplated that idential veto. It can only be overridden we might want to do that from time to by a two-thirds vote of each House. The (Spence Abraham) time. Vice President has no say in the Sen- To the Editor: In ‘‘Would Federalists Like Mr. BYRD. Will the Senator yield? ate. Their Fans?’’ (Week in Review, Feb 12), Mr. HATCH. Mr. President, I yield. Article 2, section 2, the Senate ad- David Lawsky maintains that James Madi- Mr. BYRD. The Senator still has not vises and consents to treaties with a son and Alexander Hamilton would not be amused by the proposed balanced-budget answered my question. two-thirds vote. Article V, the con- Of course, the framers provided for amendment Well and good. As a founder of stitutional amendment requirement re- the amending of the organic law. They The Federalist Society, I am well aware that quires two-thirds of each House or a did that in article V. But that is no an- amending the Constitution is serious busi- constitutional convention can be called ness. But Madison and Hamilton would be swer to my question. amused by Mr. Lawsky’s use of their words. Say we adopt this amendment, the by two-thirds of the State legislatures, States ratify it by the necessary three- and if three-quarters ratify, then it be- To claim that ‘‘The Federalist’’ and the Constitution rest on the conviction that all fourths, it becomes a part of the Con- comes an amendment to the Constitu- tion. Congressional actions should be approved by stitution. We will then have two dif- a simple majority of members present is ri- ferent provisions of the Constitution in In other words, article V itself ac- knowledges that we have to have a diculous. Amending the Constitution re- direct conflict with each other. quires approval of the two-thirds of both One says that the Vice President two-thirds vote to amend. houses of Congress, then of three-fourths of shall cast a deciding vote, and the rea- So we are amending the Constitu- the states. son for that is ‘‘to secure at all times tion. And, yes, I personally believe that Federalist 41 makes clear that amend- the possibility of a definitive resolu- the Vice President’s vote will not ments will at times be necessary. The tion of the body;’’ but on the other count in this situation because we will Founders’ genius was to find an amending hand, we have an amendment now that have to have 51 Senators of the whole process that ‘‘guards equally against that ex- is about to go into the Constitution number of 100 actually vote. treme facility, which would render the Con- stitution too malleable; and that extreme which says, in the case of section 5, Mr. BYRD. So then what happens? The joint resolution falls. difficulty, which might perpetuate its dis- when the Nation’s security is in dan- covered faults.’’ ger, we have to have 51 votes of Sen- Mr. HATCH. It falls unless we have—— The Founders felt that acts that should be ators. In essence, that is what it says. taken only with great deliberation and after We have to have 51 votes in the Senate Mr. BYRD. And we have men in peril. We have the Nation’s security in peril. establishing broad consensus should require to adopt that joint resolution, and they more than a simple majority for approval. Mr. HATCH. I do not think so. I have to be cast by Senators. We cannot Thus the Constitution requires a two-thirds pointed out in that resolution last count the Vice President’s vote, cast to vote to expel a member of the legislature, a year, there were a number of features break a tie. two-thirds vote of senators present to con- So what do we do in that situation? that were certainly not emergency fea- vict a President of wrongdoing after im- Mr. HATCH. I yield. tures. They might have had to have peachment by the House and a two-thirds Mr. SIMON. Mr. President, if I may been taken out. vote of both houses to override a Presi- dential veto. suggest to my friend from West Vir- Also, I might mention that I think ginia, and he is my friend for whom I under those circumstances, that high- The Founders certainly feared, as Mr. Lawsky suggests, an ‘‘anarchy’’ from the have a very high regard, this is no lights and augments and I think makes even more important the consideration rule of minority factions. But this is what more in conflict with the other provi- we have today. Special interest groups get sion in the Constitution than the re- by Members of the Senate. government money because there is no quirement that we have a two-thirds Let me just finish this. Article VII of longer any spending discipline in Congress. vote for a treaty. the Constitution, required ratification The result is an anarchic growth of Federal That does not permit the Vice Presi- by 9 of the 13 States. This is not a new government and spending. dent to cast that deciding vote. Or a concept. The 12th amendment requires The balanced-budget amendment will go a two-thirds vote for impeachment. So a quorum, two-thirds of the States in long way toward restoring order. It will re- we put the entire Constitution to- the House, to choose a President. And a quire that three-fifths of all members of Con- gether. This particular provision was majority of States is required to elect gress approve deficit spending and that a ma- jority of members voting approve new taxes. added by our colleague, Senator HEF- a President. We in Congress would have to exercise self- LIN, for a national emergency. The same requirement exists for the Senate choosing the Vice President. discipline in budgeting because we could run Mr. BYRD. Mr. President, I do not deficits or raise taxes only if a substantial know what Constitution the Senator The 25th amendment dealing with the majority thinks them necessary. President’s competency and removal from Alabama was reading. Or what As to Mr. Lawsky’s claim that the bal- Constitution the Senator from Illinois requires that if Congress is not in ses- anced-budget amendment ‘‘offers no course is reading. sion, within 21 days after Congress is of action’’ if Congress disobeys it and racks Mr. HATCH. Mr. President, he is required to assemble, it must deter- up more deficits, November’s election results clearly amending this Constitution. mine by a two-thirds vote of both show how false the view is.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2930 CONGRESSIONAL RECORD — SENATE February 22, 1995 As stated in Federalist 51, ‘‘A dependence I think the amendment Senator HEF- I think this particular amendment is on the people is, no doubt, the primary con- LIN drafted is sound, and I am going to completely consistent with the discus- trol on the government; but experience has support the amendment rather than sions of 1787. taught mankind the necessity of auxiliary precautions.’’ the motion to defeat. Mr. HATCH. I agree with the Sen- Auxiliary precautions like the balanced- Mr. HATCH. I yield to my colleague. ator. Let me just say this. It will not budget amendment and term limits will Mr. BYRD. Mr. President, why would be an emergency unless you get a ma- make Congress more responsive to the peo- the proponents of the amendment want jority of the whole number of each ple’s will. Term limits will insure that Sen- to make it difficult for this Nation to House. But if you look at the other side ators and Representatives do not serve so respond to a national security threat? of the coin, the distinguished Senator long that they lose touch with the people Why set up this additional hurdle? from West Virginia, if you want to and begin treating their offices like private There has to be a majority of the whole fiefdoms. The balanced-budget amendment stretch the philosophy here, is really will teach Congress that it must be honest number. Why do they not just say a arguing that emergencies can be solved with the American people, making clear not simple majority? But they are saying by as few as 25 Members of the Senate. only what programs it likes but also the cost it has to be 51; in essence that is what Mr. BYRD. Will the Senator yield? and whether and how we can pay for them. they are saying. The Senator can talk Mr. HATCH. Plus the Vice President. Mr. BYRD. How does that letter ad- all he wishes about the framers of 1787 Mr. BYRD. Will the Senator yield? dress the point? and how we are living in a different The Senator says, I understood him to Mr. HATCH. Mr. President, it does world, but John Marshall said, this say, there would not be an emergency not address the point directly of the ‘‘Constitution was intended to endure unless it was decided by a majority of Vice President, but it does address that for ages to come, and consequently, to the whole number of each House. Is the founders did expect Members to au- be adapted to the various crises of this how we are going to determine dibly come up with additional amend- human affairs.’’ Here we are treating what an emergency is? An emergency ments. that Constitution almost like a scrap is an emergency only when it is decided Mr. BYRD. Of course, I have voted of paper. That is a marvelous docu- by a majority of the whole number of for five constitutional amendments ment. It is a document to be revered, each House? That is what my friend during my time in the Senate. and we talk as though Marshall’s words Mr. HATCH. What we are doing here seems to be saying? mean nothing. is we are doing a new amendment that Mr. HATCH. If I could take back my Mr. HATCH. Under this provision, does change the regular parliamentary time, nobody reveres it more than I. As that is true, and we are talking about majority vote with regard to section 5 you know, we provide Congress can an imminent and serious military and requires a vote of the whole num- simply waive the provisions if there is threat to national security, not just ber of both Houses, which is different a declaration of war. Number one, de- any emergency. from—as all of these provisions—from clared wars are going to require just a Mr. BYRD. That is right. the one provision that would still exist simple majority. But the reason we Mr. HATCH. Any emergency is going with regard to other votes, that if a have done this is the distinguished to have to meet either the three-fifths Senate is equally divided, the Vice Senator from Alabama wanted to take vote to increase the deficit or a con- President can break the tie. stitutional majority to increase taxes. I yield to the distinguished Senator care of any ‘‘emergencies,’’ but he rec- There are lots of ways of meeting from Illinois, who I think on this point ognized that we should not just do a emergencies, but what we are saying had a statement. simple majority because that word Mr. SIMON. Mr. President, I thank ‘‘emergency’’ would be used for every- here is, we are going to have people my colleague for yielding. thing. So that is why we went to a con- vote and they are going to have to. If Let me just go back to 1787 again for stitutional majority which requires the they want to call something an immi- a moment. They spent a great deal of whole number of each House. nent and serious military threat, they time on the fact that Congress had to I yield to the Senator from Illinois. are going to have to have a majority of declare war because they did not want Mr. BYRD. But what do we do with the whole number of each House, and Members to get arbitrarily, at the the Vice President’s vote? we think that is right. whim of a President, into a war. Mr. HATCH. The Vice President Mr. President, how much time re- We are living in a very different would not vote in that instance. It is mains on each side? world today. We have not formally de- my opinion that the Vice President is The PRESIDING OFFICER. The Sen- clared war since World War II. We did not a Member of the Senate. ator from Utah has 31 minutes 36 sec- not declare war in the Korean war; we Mr. BYRD. We agree on that, he is onds. The Senator from West Virginia did not declare war in the Vietnamese not a Member of the Senate. has 43 minutes 54 seconds. war. In Desert Storm, we had a resolu- Mr. HATCH. If he is not a Member of Mr. HATCH. I will be happy to yield tion. We had, in Vietnam, the Gulf of the Senate, it is going to take 51 Mem- the floor at this point to my colleague Tonkin resolution. bers of the Senate. or answer more questions. Mr. BYRD. You cannot get it. To say that a simple majority of Let me yield the floor. those in the House and the Senate Mr. HATCH. I think we will on a real emergency. The PRESIDING OFFICER. The Sen- would have to approve our getting in- ator from West Virginia. volved in some conflict is certainly in Mr. BYRD. You think we will. Mr. HATCH. I reserve the remainder line with what they talked about in Mr. HATCH. I have no doubt we will. of my time. 1787 when they drafted the Constitu- If not, it will not be a real emergency. Mr. BYRD. Mr. President, the distin- tion. Mr. SIMON. If the Senator will yield, Mr. BYRD. Mr. President, they did with all due respect to my friend from guished Senator from Utah has referred not say this. West Virginia, I think his argument is to the six instances in the original Mr. SIMON. They did not say that. with the framers of the Constitution Constitution in which a supermajority Mr. BYRD. The Framers did not say rather than with Senator HATCH and is required, and he has referred to the ‘‘has to be adopted by a majority of the myself, because they spent a great deal three instances in the amendments whole number of each House.’’ of time to see that we would avoid thereto—amendment XII, amendment Mr. SIMON. But they contemplated a using this matter of the military and XIV, and amendment XXV, in all of world in which we can sit around and national security as an excuse to get which supermajorities are required, ei- debate for 2 or 3 weeks whether or not into wars excessively. ther supermajorities that constitute a to declare war. The President is going Washington’s Farewell Address is on quorum, or a supermajority required to have to make some fast decisions. our desk. This was not put out here by on a vote. And I think ordinarily we could get 60 those of us who happen to favor this Mr. President, those supermajorities votes for any kind of an emergency. constitutional amendment. Wash- go either to the structure of our form But this contemplates doing less than ington warned about that, just as of government or to the protection of that or the President living within the Washington in this farewell address individual rights. It is a quite different budget constraints. warned about acquiring debts. supermajority. There is not one, as I

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2931 said a while ago, there is not a single was included by Mr. LEVIN. Mr. SCHAE- sions, things will not admit of accommoda- supermajority involved in any of the FER, the prime sponsor of this joint res- tion; and then the measures of government great substantive powers enumerated olution in the other body, this con- must be injuriously suspended or fatally de- in section 8 of article I or in section 9 stitutional amendment, stated on page feated. It is often, by the impracticability of obtaining the concurrence of the necessary of article I of the Constitution. H 758 of the CONGRESSIONAL RECORD of number of votes, kept in a state of inaction. Now we are talking about including a January 26—now I shall read it: Its situation must always savor of weak- supermajority requirement in a matter This language is not intended to preclude ness—sometimes border upon anarchy. involving fiscal policy, and we are the Vice President— Hamilton goes on to say in the Fed- talking about including that in the This is what Mr. SCHAEFER said. It eralist 22: Constitution. And besides, may I say to does not square with what the distin- Suppose for instance we were engaged in a my friend from the great State of guished Senator from Utah has said. war, in conjunction with one foreign nation Utah, there can be no tie vote antici- This language is not intended— against another. Suppose the necessity of pated in the supermajority that is re- Says Mr. SCHAEFER— our situation demanded peace, and the inter- quired in the Senate for the approval of est or ambition of our ally led him to seek This language is not intended to preclude the prosecution of the war, with views that the ratification of a treaty. Two-thirds the Vice President, in his or her constitu- might justify us in making separate terms. of the Senators present and voting are tional capacity as President of the Senate, In such a state of things, this ally of ours required to approve the ratification of from casting a tie-breaking vote that would would evidently find it much easier by his a treaty. There can be no tie therein in produce a 51–50 result. This is consistent bribes and intrigues to tie up the hands of with article I, section 3, clause 4, which which the Vice President would cast a government from making peace, where two states: ‘‘The Vice President of the United vote. thirds of all the votes were requisite to that States shall be President of the Senate, but The same thing is true with regard to object than where a simple majority would shall have no vote, unless they be equally di- the expulsion of a Member of the Sen- suffice. ate. Two-thirds of the Senators are re- vided.’’ Nothing in section 4 of the substitute takes away the Vice President’s right to This does not require two-thirds in quired to expel a Member of the Sen- vote under such circumstances. the case of the second sentence in sec- ate. There can be no tie vote for a Vice Thus, you have the House sponsor tion 5, but it does require more than an President to break. differing with Senators who have spo- ordinary simple majority. I had reference a moment ago to the ken on this matter. Even if the Vice In the first case he would have to corrupt two-thirds vote for approval of the President casts a vote, he is not a a smaller number; in the last a greater num- ratification of a treaty. That is a check Member of the Senate. Consequently, ber. Upon the same principle it would be and balance situation. The framers the requirement under section 5 of this much easier for a foreign power with which spoke of it in the Federalist Papers. we were at war, to perplex our councils and balanced budget amendment would not They spoke of the necessity of having embarrass our exertions. And in a commer- have been met. the Senate involved in treaties as a cial view we may be subjected to similar in- I am still waiting for someone to tell way of checking against a President conveniences. me how this section 5 can be made to who is only elected for a 4-year term, What Hamilton is saying there, Mr. work. How does this language square or perhaps for a second term, where the President, goes to the point that I have with the provision in the original Con- possibility of corruption being in- raised. Mr. President, I have raised a stitution that gives the Vice President volved. So, the protection against cor- question here which has not been an- the power, the authority and the right ruption and intrigue came in the form swered. This section 5 requires more to cast the deciding vote, the deciding of including the Senate in matters in- than a simple majority. And when the vote, so as to secure ‘‘a definitive reso- volving treaties and requiring a two- vote comes out as a tie, it precludes lution’’ in this body. He may cast a thirds vote. the Vice President of the United States vote, but it is not going to be the de- With respect to the expulsion of a from casting a deciding vote, because ciding vote. It is not going to secure ‘‘a Senator or a Member of the other body, under this amendment his vote would definitive resolution’’ of this body. that involves the individual right of a not count, if it were cast to break a tie. Well, I do not suppose I will get a Member who is about to be expelled. The requisite number of 51 votes would clear answer to my question, but I hope That is for the protection of all Mem- not have been produced. Members will carefully study this ques- bers and also to protect against a ma- tion when they vote on this amend- O, that my tongue were in the thunder’s jority eliminating the minority. If a mouth! ment. This section creates a very seri- bare majority can expel the senior Sen- Then with a passion would I shake the ous question, a very serious question. world: ator from West Virginia, then the next Let me read what Hamilton says in thing that that majority could do I have not gotten an answer to my the Federalist 22 with regard to minor- question. would be to expel a Senator from Vir- ity rule. All of these supermajorities in ginia or some other State. They would Mr. President, how much time do I the balanced budget amendment create have remaining? not expel the second Senator from a minority veto. They set up the possi- West Virginia, because that would de- The PRESIDING OFFICER. The Sen- bility of a minority veto in this body ator has 30 minutes. prive a State of an equal vote in the and in the other body. In other words, Senate, and nobody can change that Mr. BYRD. I wonder where the other we are getting away from the demo- noble members of the response team guarantee in the Constitution. Gradu- cratic majoritarian concept of our gov- ally, a majority could eliminate a mi- are? Somebody, please come to the ernmental system as laid down by the floor and answer this question for me. nority. But a two-thirds vote is re- framers of the Constitution. Here is quired for protection against such an If not, the court will answer it at some what Hamilton said in Federalist 22 day and time. event. with respect to minority rule. Now, the proponents continue to say, This is a serious constitutional ques- well, there are other supermajority sit- In those emergencies of a nation, in which tion. We may find ourselves in a situa- the goodness or badness, the weakness or tion in which the country’s security is uations; the framers required two- strength of its government, is of the greatest thirds for this; they required two- importance, there is commonly a necessity in jeopardy and, in order to waive the thirds for that; they required two- for action. The public business must in some strictures of this balanced budget thirds for something else. But, Mr. way or other go forward. If a pertinacious amendment, which says that outlays President, there cannot be a tie in a minority can control the opinion of a major- and receipts have to balance every two-thirds vote. In a two-thirds re- ity respecting the best mode of conducting year, a joint resolution can be intro- quirement, there cannot be a tie for a it; the majority in order that something may duced to lift these strictures, in other Vice President to break. be done, must conform to the views of the words, to waive the requirements of minority; and thus the sense of the smaller this balanced budget amendment, in Here we are talking about the possi- number will overrule that of the greater, and bility of such a tie. give a tone to the national proceedings. each fiscal year. But that resolution May I say to the Senator from Utah, Hence tedious delays—continual negotiation must be ‘‘adopted by a majority of the as I understand it, in last Thursday’s and intrigue—contemptible compromises of whole number of each House, which be- RECORD, a statement by Mr. SCHAEFER the public good * * *. For upon such occa- comes law.’’

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2932 CONGRESSIONAL RECORD — SENATE February 22, 1995 I ask the Senator from Utah again, on me here. But he is not Mohammad to declare a national emergency that would how is he going to respond to the ne- Ali. allow the Army to extend the service of cessity of that moment when 50 Sen- Mr. HATCH. I learned it from him. draftees, guardsmen and reservists for what- ators vote for that resolution and 50 Mr. BYRD. This section does not say ever period the legislators deemed appro- priate. anything about the military threats against? We are in danger. Our coun- Despite the measure’s unpopularity and try’s security is involved. Planes are being large, small, middle-size, or strong lobbying by isolationist forces, the flying in distant countries. Ships are whatever. I will read the language of Senate approved a joint resolution on Au- plying the several seas. Mothers and fa- the section—— gust 7 declaring the existence of a national thers are wondering about their sons Mr. HATCH. Will the Senator yield? emergency and authorizing the President to and daughters. And here we have a Mr. BYRD. Let me read this. ‘‘For extend the service of most Army personnel Senate with a vote of 50–50 on that res- any year in which the United States is by 18 months. olution to waive the amendment. engaged in military conflict which So there was a real-life situation, a So, what is going to happen? We do causes an imminent and serious mili- real-life situation. And we can very not have time. We do not have time to tary threat to national security’’— well face that kind of situation again. wait, in a situation like that. We do there is the threat. Somebody deter- Mr. SARBANES pointed out that the not have time. We need to act quickly. mines that it is serious. Perhaps it is vote on that occasion was 45–30 in the Mr. HATCH. Mr. President, to answer the President. Senate. So it fell short of the required the distinguished Senator from West But the point is, in order to lift the 51 votes that would be necessary under Virginia, if we do not get 51 Members strictures of this amendment, there this section 5; 45–30. This shows you are of the Senate, in my opinion we will must be a majority of the whole num- going to need 51 here. And in the House not have had an imminent and serious ber of each House that casts such a the final vote was 203–202. It passed by military threat. I cannot imagine—I do vote. In other words, there must be at one vote. One vote. It passed by a vote not really believe the distinguished least 218 in the House and there must of 203–202, only after Rayburn walked Senator from West Virginia can imag- be at least 51 in the Senate. The Sen- the Halls and went door to door over ine— ator said he could not imagine such a there, talking with Members of the Mr. BYRD. Oh, yes, I can. situation. If Senator SARBANES were House individually. That was not a hy- Mr. HATCH. The serious, imminent here, he would tell you. He read this pothetical situation. That can happen and serious military threat to our na- into the RECORD the other day. Let me again. tional security that would go pick up on what he said. He said: So what did the proponents have in unaddressed by either or both Houses Let me bring the Senator back to the very mind? Did they think of this possible of Congress. But more important, if real-life problem— problem? What did they have in mind that very unlikely situation occurred, He is talking with reference to the when writing that language that re- then what I would do is look for con- Senator from New Hampshire [Mr. quires a majority of the whole number tingent moneys. I would try to cut SMITH], at that time. of each House, which means that the spending—which is what the purpose of that I wish to discuss with him. Vice President could not cast a tie- this amendment is—or I would go and Senator SARBANES was reading from breaking vote? try to increase taxes or I would try to an article that appeared in the New Mr. HATCH. Under this amendment, get a three-fifths vote to increase York Times, I believe, in the summer a majority vote would win today in spending. But I would try to cut spend- of 1991. Senator SARBANES read this ar- both of those cases—a simple majority ing before I would say that the country ticle: vote. cannot survive. Mr. BYRD. No, no, no. It says a ma- Mr. BYRD. Senator, we do not have Fifty years ago last Monday, on August 12, 1941, House Speaker Sam Rayburn saved the jority of the whole number. time to cut spending. draft from legislative defeat and kept the Mr. HATCH. No, no. We are talking Mr. HATCH. If we do not have time U.S. Army intact to fight a war that was about either increasing spending or in- and it is that imminent and serious a only 4 months away. The margin of victory creasing taxes. In that situation, they military threat, then we will vote to was a single vote. increased the number of months, ex- sustain it. Now, this is a real-life situation, Sen- tending the Selective Service Act. So Mr. BYRD. This is an emergency. ator. it would still—today, if you had the Mr. HATCH. We will vote for a tax Mr. HATCH. I am aware of that. same vote, it would still be a simple increase to take care of it if we do not Mr. BYRD. This is not a hypothetical majority vote. The difference is have the money. situation. this—— Mr. BYRD. How much of a majority And the battle could have been lost as eas- Mr. BYRD. I am saying in that situa- does the constitutional amendment re- ily as won except for Rayburn’s personality tion—forgetting about the draft, set- quire for a tax increase? and leadership and mastery of parliamentary ting up this situation in which there is Mr. HATCH. Well, now, let me just procedure. If Rayburn had failed, the Army a serious military threat. propose back to the distinguished Sen- stood to lose about two-thirds of its strength ator. If we have an imminent and seri- and three-fourths of the officer corps. At Mr. HATCH. My point is that the ous military threat, we do have a mili- issue was whether to extend the 12-month Senator is using a poor illustration be- tary budget of almost $275 billion. If it service obligation of more than 600,000 draft- cause it does not apply in this situa- is a large, imminent and serious mili- ees already in the army, thousands of others tion. being inducted every day, and the active tary threat that would require all of Mr. BYRD. It applies in that it indi- duty term of several thousand National cates that a situation can come down our military, I just cannot conceive of Guardsmen and Reservists who had been one instance in the history of the coun- to a vote with only a one-vote dif- called up for 1 year. Without an extension, ference. try where we could not get 51 Senators the obligations of both the draftees, Guards- to stand up and do something about it. men and Reservists would begin expiring in Mr. HATCH. Not really. But if it is a small one, and some- the fall. The United States had adopted its Mr. BYRD. You could not get the thing that involves one theater or in- first peacetime draft during the previous three-fifths in the House. volves, say, Cuba, or some small immi- summer after weeks of heated and acri- Mr. HATCH. It did not involve an in- monious debate in both congressional Cham- crease in spending or taxes, which is nent and serious military threat, we bers. have enough money in our military to what is involved here. take care of that problem. The article went on to point out: Mr. BYRD. When you talk about in- We have enough money in our mili- Although the legislation limited the draft- creasing revenues, you are going to run tary to take care of that problem. ees’ terms of service to 12 months, it pro- into the same problem. Mr. BYRD. Mr. President, the Sen- vided that the President could extend the pe- Mr. HATCH. Let me just say this. riod indefinitely if Congress declared that ator is really on the ropes. the national interest is imperiled. Mr. BYRD. No bill to increase reve- Mr. HATCH. No, I am not. On July 21, 1941, with the prospect of war nues shall become law unless approved Mr. BYRD. He is really on the ropes. increasing, Roosevelt acted. In a Special by a majority of the whole number of He is trying to use the old rope-a-dope Message to Capitol Hill, he asked Congress each House.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2933 Mr. HATCH. What do those have to Mr. BYRD. I am going to offer an United States is engaged in military conflict do with increasing taxes or spending? amendment that will strike that out. I which causes an imminent and serious mili- Those—— hope the Senator will vote for that tary threat to national security. Mr. BYRD. The Senator is the one amendment. The first thing I want Members to who brought up raising revenues. He Mr. HATCH. No, not at this point. think of in their own minds is this: If raised that subject. One of the reasons this amendment is we could face an imminent and serious Mr. HATCH. The point is, if that important—and this is the only time in military threat to our national secu- history we can pass it—is because it is came up today and we wanted to insti- rity at a time when we were not yet en- a consensus, a bipartisan amendment. tute the draft and extend it for another gaged in military conflict. We may rec- One of the things we did was take Sen- 12 months, we can do that by a simple ognize that we are going to become en- ator HEFLIN’s provision. He was very majority vote. You do not have to have gaged in military conflict and we need a constitutional majority on every concerned about any imminent and se- to take measures to address that situa- vote here—only on those that either in- rious military threat that fell short of tion. crease taxes or increase spending. a declaration of war and, I think, right- Mr. BYRD. But under this section, if ly so. Personally, I have grown to pre- Under this provision, no waiver is our country is confronted by a serious fer the language that he has put in available in that circumstance because military threat to national security, here. But in order to prohibit the Con- this provision requires that you be en- the Senator says you can raise taxes. It gress from just using that loophole by gaged in military conflict. I listened to runs under the same probability. calling everything an imminent and se- the distinguished chairman of the com- Mr. HATCH. You either have to cut rious military threat to national secu- mittee, who made reference to the im- spending or increase spending or in- rity, we provided for a constitutional minent and serious military threat to crease taxes. If you want to increase majority which does alleviate the ne- national security, as though that was spending under the balanced budget cessity of having the Vice President what you needed to show in order to amendment, or increase taxes, then vote to break a tie. Now, this being a get the waiver. That is not the case. new constitutional amendment, this you have to stand up and vote to do so. The way this sentence is structured, being in addition to the Constitution, And in the case of increasing spending, you have to be engaged in conflict, al- fits the same mold as the super- you have to have a three-fifths vote. In ready engaged in conflict which causes majority required that I read off before the case of increasing taxes, you have an imminent and serious threat to na- and read into the RECORD. to have a constitutional majority. But tional security. So you would not be we could have a majority of each House Mr. BYRD. Except, as I have said, those supermajorities the Senator read able to react to what I regard as a very vote today on extending for 12 months pressing situation. the selective service. off before, and which I read off some What is important here, as I see it, is days ago in this Chamber, have abso- Second, even in those situations in that if the balanced budget amendment lutely nothing to do with the sub- which you are able to act according to is in place, then the political posturing stantive powers that are granted in ar- a waiver, in order to invoke the waiver is going to be lessened by a great deal. ticle I, sections 8 and 9 of the Constitu- you have to have the whole number of You will find people—if we are really tion. And those instances go to the each House. Now what that means, confronted with an imminent, serious structural parts of the Constitution simply put, in the House of Representa- military threat under section 5, I do and to the protection of individual tives with 435 Members, you have to not think there is going to be any dif- rights. This balanced budget amend- have 218 votes to invoke the waiver. ficulty getting that vote. Anybody who ment has nothing to do with such. We Everyone says, ‘‘Surely the Members puts the country at jeopardy at a time are talking about fiscal policy here, of the Congress will invoke the waiver like that is not going to be sitting here and that has never been written into in a dire situation of this sort and the next time his or her election comes the Constitution. The Senator tries to there will not be any problem with it. around. People know that. explain this dilemma by saying, well, it Of course, you will get the waiver.’’ Mr. BYRD. Senator, that is not the requires a constitutional majority. And my response to that is, ‘‘Don’t be Mr. President, my problem goes not answer to the question. I am sure the so sure.’’ And then I say, ‘‘If you go only to the fact that it requires three- Senator would not be hesitant to cast back through our history, there are nu- fifths in two instances, and a constitu- the vote. merous instances in which very critical tional majority in two other in- Mr. HATCH. I would increase spend- votes were carried by bare majorities stances—section 4 and section 5—but it ing or taxes if I had to. not meeting the requirement of a ma- also deprives the Vice President of the Mr. BYRD. But the Senator controls jority of the whole number.’’ only one vote, as I do. When this hap- United States from casting his deciding pens, neither the Senator nor I may be vote. Nobody has explained why the The example I used the other day in in this Chamber. We do not know what proponents would do that. the course of the debate was the exten- the intent of Senators will be 5, 10, or Mr. President, if any Senator wishes sion of the draft before World War II. 20 years from now. This is a very dif- me to yield, I would be happy to. In that instance, the extension in the Mr. SARBANES. Will the Senator ficult obstacle—in the event of a seri- summer of 1941 came on a vote of 203 to yield for a question without losing his ous situation arising that involves a 202. Now, that is a majority of those right to the floor? present and voting and it is clearly a military threat. Mr. BYRD. Yes. How much time Nobody—not one Senator—has been quorum, but it was not adequate to would the Senator need? Mr. President, able to explain why the proponents meet the standard that is contained in how much time do I have? this amendment. That waiver, there- have written into section 5 a provision The PRESIDING OFFICER. The Sen- that virtually deprives the Vice Presi- fore, would not have taken place. You ator has 12 minutes 40 seconds. would not have been able to make the dent of the United States from casting Mr. SARBANES. I will need just 3 a deciding vote in a certain given situ- expenditures necessary in order to minutes. carry through this provision. ation. Mr. BYRD. I yield 3 minutes to the Mr. HATCH. If the Senator will yield Senator. What was at stake then is our na- on that, many of us did not want this Mr. SARBANES. Mr. President, I un- tional security. As you will recall, in provision in the balanced budget derscore what the very distinguished the summer of 1940 we put in place a amendment. We wanted only a three- Senator from West Virginia has been draft, but the term of service of those fifths vote to increase spending or a saying here on the floor. Section 5 of who had been drafted was a year and it constitutional majority to increase this article is fraught with danger, and was due to expire. President Roosevelt taxes, and we only wanted the above I hope Members will consider it very, sent a message to the Congress to ex- part of that that said Congress may very carefully. tend the time of the draftees and the waive the provision of this article for It says: guardsmen and the reservists and that any fiscal year for which a declaration The provisions of this article may be had to be enacted in a joint resolution. of war is in effect. waived for any fiscal year in which the The joint resolution barely carried on a

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2934 CONGRESSIONAL RECORD — SENATE February 22, 1995 vote of 203 to 202. It was not a majority ages of 21 and 36 registered for the draft. The After 45 minutes of ‘‘grinding suspense,’’ of the whole number of each House. first lottery drawing was held Oct. 29, and the vote was completed—204 to 201 in favor of Mr. BYRD. Which would have been the dreaded ‘‘Greeting’’ from local draft the draft extension. But before it could be 218 votes. boards was in the mail shortly thereafter. announced, New York Democrat Andrew Although the legislation limited the draft- Mr. SARBANES. It would have been Sommers was on his feet demanding recogni- ees’ terms of service to 12 months, it pro- tion. Rayburn obliged and quickly regretted 218 votes. The 203 votes fell well short vided that the president could extend the pe- the move: Sommers changed his vote from of the 218 votes which this amendment riod indefinitely if Congress ‘‘declared that aye to nay, opening the door for further de- would require in order to invoke the the national interest is imperiled.’’ On July fections. waiver. 21, 1941, with the prospect of war increasing, To forestall this, Rayburn turned from Now I submit to you, it seems to me Roosevelt acted. In a special message to Cap- other Democrats who were calling for the that is a clear example where the na- itol Hill, he asked Congress to declare a ‘‘na- floor and recognized Missouri Republican tional security interests of the United tional emergency’’ that would allow the Dewey Short, a leader of the anti-draft Army to extend the service of draftees, States were at stake. Literally 4 forces and thus a known quantity. Short re- guardsmen and reservists for whatever pe- quested a recapitulation but committed a months later, we were in World War II. riod the legislators deemed appropriate. fatal error—by not insisting that the recount Had that extension not carried, more Despite the measure’s unpopularity and precede announcement of the original vote. than 600,000 draftees already in the strong lobbying by isolationist forces, the Sensing his opportunity, Rayburn quickly Army, their obligation would have Senate approved a joint resolution on Aug. 7 read the results: ‘‘On this roll call, 203 mem- begun to expire that fall and they ‘‘declaring the existence of a national emer- bers have voted aye, 202 members nay, and would have been departing from the gency’’ and authorizing the president to ex- the bill is passed.’’ service. Four months later, Pearl Har- tend the service of most Army personnel by In so doing, Rayburn had frozen the vote. 18 months. The vote was 45–30. bor occurred. Under House rules, the recapitulation would In the House, it was a different story. The be limited to those who already had re- So I do not see how people can be so Republican leadership viewed opposition to sponded, and they were proscribed from almost glib in the sense of asserting draft extension as a political opportunity changing their vote. When the recount was that surely this waiver will be invoked just too good to ignore. Others had their own completed, validating the original results, in a time of crisis. Clearly then, had reasons for opposing the measure. Rayburn announced (some say ‘‘mumbled’’): the standard applied, we would not As summarized by Time magazine, they in- ‘‘No correction to the vote. The vote have met it and I think we would have cluded 17 Irish congressmen whose votes stands, and the bill is passed. Without objec- were based on anti-British sentiments; Tam- tions, a motion to reconsider is laid on the been in dire circumstances. Therefore, many Hall Democrats upset that the admin- I very strongly support the amendment table.’’ istration was supporting nonpartisan New It was all over but the shouting, because which the able Senator from West Vir- York Mayor Fiorello LaGuardia for re-elec- the words ‘‘laid on the table’’ meant the sub- ginia has offered. tion; a large group of Democrats who be- ject of reconsideration had been decided ad- Mr. President, I ask unanimous con- lieved draft extension violated the commit- versely and could not be revived except by sent that the article ‘‘How Mr. Sam ment given to those already in service; unanimous consent. Still, there was plenty Saved the Draft; One Vote and a Quick straight-out pacifists who opposed all de- of shouting from both the floor and the gal- Gavel Rescued the Army on the Eve of fense bills; and a ‘‘big group in both parties leries. who vote blindly against anything Franklin War,’’ be printed in the RECORD. The outvoted and outflanked Republican Roosevelt is for.’’ leaders denounced the speaker’s tactics and There being no objection, the mate- In an effort to ‘‘depoliticize’’ the issue as rial was ordered to be printed in the accused him of short-circuiting the reconsid- much as possible, Roosevelt and Secretary of eration process. Rayburn kept his RECORD, as follows: War Henry L. Stimson designated Army composure. He was patient with members [From the Washington Post, Aug. 18, 1991] Chief of Staff George C. Marshall as the ad- who seemed not to understand that only HOW MR. SAM SAVED THE DRAFT; ONE VOTE ministration’s point man on the bill. Mar- those who voted with the winning side could AND A QUICK GAVEL RESCUED THE ARMY ON shall worked tirelessly but found converts move for reconsideration—and stern with THE EVE OF WAR difficult to come by despite his tremendous those who challenged his integrity. ‘‘The prestige on Capitol Hill. (By John G. Leyden) Chair does not intend to have his word ques- ‘‘You put the case very well,’’ one Repub- tioned by the gentleman from Minnesota or Fifty years ago last Monday—on Aug. 12, lican congressman told him, ‘‘but I will be anyone else,’’ he told one member icily. Op- 1941—House Speaker Sam Rayburn saved the damned if I am going along with Mr. Roo- ponents got the message, and the debate fiz- ‘‘draft’’ from legislative defeat and kept the sevelt.’’ zled out. U.S. Army intact to fight a war that was The vote was set for Monday, Aug. 11 but Three days later, after the Senate had ap- only four months away. Rayburn put it off for one day out of respect proved the slightly different House bill and The margin of victory was a single vote, for a Republican member who had died over thus prevented another confrontation in the and the battle could have been lost as easily the weekend. With the president out of lower chamber, Rayburn decided he and his as won except for Rayburn’s personality, town—meeting secretly in Newfoundland colleagues deserved a rest. leadership, mastery of parliamentary proce- with British Prime Minister Winston ‘‘I want to go home [to Bonhom, Tex.],’’ he dure and—when push came to shove—light- Churchill to frame the ‘‘Atlantic Charter’’— said in calling for adjournment. ‘‘I live on a ning-fast gavel. Rayburn spent the additional day roaming If Rayburn had failed, the Army stood to broad highway, in a white house where ev- the corridors of Capitol Hill, trying to win eryone can find me; but I have another little lose about two-thirds of its strength and over recalcitrant Democrats and wavering three fourths of the officer corps. At issue place. * * * When I start toward that place— Republicans. His lobbying style was like the and it is about 13 miles from my home was whether to extend the 12-month service man himself—honest, direct and intensely obligation of more than 600,000 draftees al- farm—the road gets narrower and narrower personal without a hint of intimidation. every mile I go; and when I get to the end of ready in the Army and thousands of others ‘‘I wish you would stand by me because it the narrowest part of the road, there is a being inducted every day, and the active- means a lot to me,’’ he would say. Mr. Sam, gate and there is no telephone out there.’’ duty term of several hundred thousand Na- up close and personal, was a hard man to Another gavel stroke emptied the chamber tional Guardsmen and reservists who had refuse. been called up for one year. Without an ex- Shortly after 10 a.m. on Aug. 12, the House and brought an end to Rayburn’s first year tension, the obligations of both the draftees began debating the joint resolution already as speaker. The battle over draft extension and the Guardsmen and reservists would passed by the Senate. A largely anti-draft was one of his finest hours in a long and dis- begin expiring in the fall. crowd looked on sullenly from the packed tinguished congressional career. Any res- The United States had adopted its first visitor gallery. Included among the spec- ervations or ill feelings about the outcome peace time draft during the previous summer tators were many servicemen in uniform and would disappear on Dec. 7, 1941. after weeks of heated and acrimonious de- ‘‘delegations of mothers clutching little Mr. BYRD. I thank the distinguished bates in both congressional chambers. In the American flags.’’ Senator from Maryland, Mr. SARBANES, House, tempers became so frayed that two The debate dragged on for 10 hours, for his resourcefulness and his dili- Democratic members got into a fist fight on through lunch and dinner. Amendments de- gence in going back, searching for, and the floor until both were ejected with bloody signed to weaken the bill were defeated with finding this real-life record of what ac- noses and bruised egos. the help, ironically, of isolationists who tually happened; not something that Congress finally passed the Selective wanted an ‘‘all or nothing’’ vote on the joint may have happened, not something Training and Service Act, authorizing the resolution. Finally, at 8:05 p.m., the reading Army to induct up to 900,000 draftees annu- clerk began calling the roll. Then, as re- that someone said would happen, but a ally. President Roosevelt signed it into law quired, the clerk went back through the list, real-life emergency occurred. on Sept. 16, 1940. One month later—on ‘‘R’’ repeating the names of members who had not Mr. President, how much time do I Day—some 161⁄2 million men between the answered the first roll call. have remaining?

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2935 The PRESIDING OFFICER. The Sen- care enough to be in the Chamber vot- majority of the whole number of the ator has 6 minutes and 30 seconds. ing on very important national secu- House. Mr. BYRD. How much time does the rity matters. Mr. KYL. Mr. President, if I could re- Senator from Utah have remaining? If it is the argument of the Senator claim my time. I am not aware of a sit- The PRESIDING OFFICER. The Sen- from Maryland that this is such an im- uation. There may very well be one. I ator from Utah has 31 minutes. portant point that the national secu- have not heard of any one situation in Mr. BYRD. I yield the floor. rity of the United States of America is which fewer than a constitutional ma- Mr. KYL. Mr. President, I would like jeopardized but he suggests, on the jority but a majority, a simple major- to respond to a couple of comments other hand, that a lot of Members will ity, voted to fund an important mili- that have been made and respond to not bother to be present to vote, I sug- the Senator from West Virginia, who I gest the argument fails. On important tary operation of the United States, know makes this suggestion with the votes, Representatives and Senators do ongoing military operation. integrity of the Constitution and the their duty. I think it is important to put this in institution and the defense of the Mr. SARBANES. Will the Senator context. Throughout the entire year United States very much in mind, and yield? the Congress can fund operations of the we all do. Mr. KYL. If I may just finish this Government, including the Defense De- I served in the House of Representa- thought. partment or the State Department, tives for 8 years on the Armed Services By definition, if it is an important where we are involved in military con- Committee and have been criticized for vote, they are there doing their duty. flict. We are involved in military situa- being a hawk, so I appreciate argu- It does not seem to me to be an un- tions around the globe today, some of ments that could negatively impact reasonable requirement that, for a which can involve conflict. our ability to carry out our defense matter of this magnitude, one would functions as much as anyone. require a majority of both the House As a matter of fact, if something oc- But with all due respect to the dis- and the Senate to approve exceeding curs in Haiti or one of the other coun- tinguished Senator from West Virginia, the requirement for a balanced budget. tries in which we have troops today, I think this argument overstates a po- And especially on matters as impor- that is a military conflict. We are fund- tential problem. In fact, I think there tant as those suggested by the Senator ing those operations. We are not voting is no potential problem. from Maryland and the Senator from on that. We do not take a vote every Essentially, what we are arguing West Virginia, Members will be time we send another ship or more about here in the U.S. Senate is the present, will reflect on the matter seri- jeeps or tanks to one of these places of difference between 51 votes and 50 ously, and therefore will vote. military conflict. votes. And in the U.S. House of Rep- I am happy to yield further to the This question of funding only arises resentatives, it is the same 218 votes as Senator. in a few situations. It may arise with would be required in any case to carry Mr. SARBANES. I only point out to regard to a supplemental appropriation a majority issue if all of the Members my colleague that you could have vir- where we will, in effect, refund the are present and voting. So the only tually all the Members of the House money to the Defense Department, or question is whether some Members there. Let us say you could have 98 per- it may arise in connection with a de- may be absent or not voting and there- cent of the Members there, which fense authorization bill, which we do fore you still have to have the con- would mean nine Members are missing. once a year, or a defense appropriation stitutional majority of 218. You could have a very close vote, since bill. In my experience, in very few in- the issue may well be very controver- stances did you not have, on the major, sial and divisive, and you would not So we can deal with these issues important votes, almost all of the reach the 218 benchmark. throughout the year. The only thing we Members present and voting. So the way this possibility is simply are talking about in the constitutional Mr. SARBANES. Will the Senator being brushed aside concerns me great- amendment is the question at the end yield on that point? ly. The situation I am outlining could of the year when we have to either be Mr. KYL. Of course, I am happy to easily happen. It has happened in the in balance or vote to exceed that bal- yield. past. anced budget requirement. At that one Mr. SARBANES. I think it is instruc- By allowing it at that level, suppose critical moment in the year when we tive that there are many, many close we have ten Members absent? decide to let an ongoing military oper- votes in the House of Representatives Mr. KYL. Mr. President, if I may in- ation continue with the funding it has in which the prevailing side did not ob- terrupt, the Senator from Maryland rather than to override or to exceed tain 218 votes. The fact of the matter is said this has happened in the past. I am the balanced budget requirement, in that, on most votes in the House of not aware of a situation where the Con- that case we have to have a constitu- Representatives, rarely are all the gress has refused to fund an ongoing tional majority rather than a simple Members present. After all, there are military operation of the United States majority, meaning 51 Senators out of 435 of them. On many votes, 5, 10, 15, of America. 100, 218 Representatives out of 435. perhaps even 20 Members are absent. Mr. SARBANES. Because Congress Mr. President, I just suggest in clos- And there are a lot of votes in the was never required to produce a major- House that are decided by very close ity of the whole number. All we had to ing the debate on this amendment from margins—208 to 204, 211 to 205, et produce in order to do that was a ma- our side that while the seriousness of cetera, et cetera. Close votes, but they jority of those present and voting. the Senator from West Virginia is al- do not reach this level of the 218 votes. Mr. KYL. Mr. President, has the Con- ways apparent and issues of national I sought to cite what I thought was a gress ever refused to fund an ongoing security are known to all Members to really on-point example in terms of the military operation of the United be of utmost importance, I suggest national security being at stake, a 203 States? Not to my knowledge. that this is much ado about nothing. A to 202 vote with respect to extending Mr. SARBANES. But it has funded constitutional amendment that says the obligation under the draft before such operations on occasions when it we should have 51 Senators out of 100 World War II. carried the vote without having a ma- or 218 Representatives out of 435, a Mr. KYL. I appreciate the example jority of the whole number. mere majority, is not too high a re- that the Senator has cited. Mr. KYL. Of course. quirement. It is not too much to ask. If In recent years, on important votes, Mr. SARBANES. Mr. President, if we we are going to be putting our young most Members of the House of Rep- go back through the Vietnam experi- men and women in harm’s way we bet- resentatives are present. It is only in ence, there were instances in which the ter have the support of half of the Sen- situations of illness or in situations funding was carried through, but the ate and half of the House of Represent- where there has been a family emer- vote by which it was done represented atives. That is all that the balanced gency or something of that kind that a majority of those present and voting, budget amendment requires with re- Senators and Representatives do not but that number did not represent a spect to the requirements for funding.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2936 CONGRESSIONAL RECORD — SENATE February 22, 1995 I really do not think this is a signifi- tion where we do not have a tie—the break the budget; we’re not going to cant matter. It certainly is not some- Vice President is not casting a tie vote. unbalance the budget to fund your op- thing that would suggest the appro- It is very rare that the Vice Presi- eration in Haiti,’’ or wherever it might priateness of an amendment to our pro- dent has to cast a tie vote, but we are be, I cannot assume that that is a posed constitutional amendment here. aware of the fact he has on occasion. wrong decision, if 51 Senators have Mr. SARBANES. Would the Senator No one will suggest that there are not made that decision. yield for a question, Mr. President? occasions where we have a tie vote. I yield to the Senator from Idaho. Mr. KYL. Mr. President, I yield. What we are saying is, if we are talking Mr. SARBANES. I am looking at the about supporting an ongoing military Mr. CRAIG. Mr. President, I thank report for votes dealing with the SDI. conflict involving a U.S. interest, we my colleague for yielding. This most This was a motion to table an amend- have American men and women sacri- certainly is a serious discussion about ment which would have cut the amount ficing or at least risk their lives in sup- the amendment of the Senator from of money for SDI, so the tabling mo- port of this operation, if we cannot West Virginia. Every time in our Con- tion in effect would have kept the high- muster 51 votes in support of those stitution we have established a vote, in er figure for the SDI Program. young men and women, then presum- this case a constitutional majority, I do not want to argue the substance ably the Senate has said we do not and in other cases a supermajority, we of the SDI Program. As I recall, the want them over there taking whatever know that is the standard. That is the Senator was in favor of it when he was risks they are taking. If we cannot level we have to reach to perform in in the House. I want to get at the point trust the U.S. Senate, 51 Senators, to certain ways, to respond in certain of the close votes and the assumption make that kind of decision, it seems to ways, as so prescribed by the Constitu- that there is no problem. That vote me there are not very many other judg- tion. was 50–50. The Vice President voted ments we could make. The validity of analyzing prospec- ‘‘yea’’ to break the tie. In other words, Mr. SARBANES. Could the Nation go tively a situation by the comparative he voted to table this amendment to war with a declaration of war on the of other situations done in an entirely which would have cut the SDI. He basis of a tie-breaking vote by the Vice different environment really has no wanted the higher SDI figure. This was President? context in this debate. This debate is Vice President Bush at the time. Mr. KYL. Mr. President, yes, the Na- about an amendment that sets new Now, I take it, under your provision, tion could. standards, constitutional requirements that would not work. We would have Mr. SARBANES. The Nation could do that we will meet. Certainly, the Sen- had a different outcome, correct, under that. But the Nation could not then ator from Maryland and I know that on this amendment? fund the war which it has declared on certain votes on this floor, we have Mr. KYL. It all depends on whether the basis of a tie-breaking vote by the watched our leadership orchestrate or not the expenditure—first, whether Vice President? votes. Some votes are very tough and this was an expenditure of funds, Mr. KYL. It most certainly could. If some Members really do not care to whether it would put Members over the I could finish. vote. I have been on the floor on occa- balanced-budget-limit requirement, Only in the event that we did not sion when it was well known in ad- and whether it was done in furtherance find the money to fund the war effort vance that the vote more than likely of support for our activities in an ongo- and all of the other obligations of Gov- would occur in which the Vice Presi- ing military conflict. ernment, would we have to exceed this dent would have to break the tie, sim- Mr. SARBANES. Assuming none of balanced-budget-requirement limita- ply because it was a tough vote. But we those factors were met, I take it that tion. do know that in instances where, if this vote, then, under this amendment Obviously, in a case of a World War II that did not occur, there is a strong we would have a different outcome we would be spending a lot more likelihood that if it was the position of than we had at the time? money. We probably would go into def- the majority party or the majority of Mr. KYL. Mr. President, no, no. icit. One would assume the votes would Mr. SARBANES. Mr. President, I those here that this was the kind of be there. But, for example, the conflict thought the Vice President’s vote vote required, and it was by Constitu- of Haiti, which is not a declared war would no longer count. tion the vote necessary, that it could Mr. KYL. The vote the Senator is and obviously would not necessarily re- be gained if it was of that importance. quire that we break the bank in order talking about is to fund the strategic But as the Senator from Arizona has to support the operation in Haiti, it defense initiative, not a vote to sup- so clearly stated, if the priorities rest- does not seem to me to be an unreason- port an ongoing military conflict or ed that we would not break the budget able requirement to require 51 Sen- ongoing military operation. It simply to fund an ongoing military operation ators. has no relevance to the amendment that was outside the declaration of The PRESIDING OFFICER (Mr. GOR- that the Senator from Maryland is es- war, my guess is the Senator from TON). The Senator from Maryland. pousing. Mr. SARBANES. Mr. President, the Maryland and the Senator from Idaho, Mr. SARBANES. If it is related to ad- if we agreed that it was important to dressing an imminent and serious mili- crux of the problem was the Senator’s comments that we just assume that we fund that, and certainly the Senator tary threat, it would be relevant. from West Virginia, if he were in his Mr. KYL. Mr. President, if it were. would fund these items. I do not know how we can make that assumption past role as chairman of the Appropria- Mr. SARBANES. Mr. President, just tions Committee, would change or shift on the factual situation, that is a very when one can show that there had been close votes in the past which would not the priorities necessary and move close vote. money from other programs of less im- I take it under this amendment, as- meet the requirement of the amend- portance to the program of high impor- suming all the other factors were met, ment and, in fact, would give the oppo- tance, in this instance military fund- we would have a different outcome. Is site result from what occurred in situa- ing, for the purposes of doing those it your view we have to produce 51 Sen- tions in which I think it can be argued kinds of ongoing funding. ators? Or can the Vice President cast very reasonably there were important the deciding vote in cases of a tie under national security interests at stake. That is the real role of this Congress this amendment? Mr. KYL. I want to yield to the Sen- and the most important role under a Mr. KYL. In the amendment, we have ator from Idaho, but I will make a balanced budget amendment. That is, to have 51 Senators to exceed the bal- point first. The Senator is correct, I to establish priorities, not just to get anced budget requirement in situations am assuming that in important mat- enough votes to bust the budget or to in support of an ongoing military con- ters where funding was necessary, 51 go beyond balance, but in the environ- flict. Senators would be willing to do that. ment of a declared war, which is dis- Mr. SARBANES. So the Vice Presi- But the Senator from Maryland is as- tinctively different and we all know dent’s casting a vote is nullified. suming that that is the right thing to that because it is then the decision of Mr. KYL. In this situation, the Vice do, as am I in this situation. If 51 Sen- this country to put its men and women President—just as in any other situa- ators said, ‘‘No, we’re not going to at risk because our very freedom is at

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2937 risk, that we go back to the majority Mr. SARBANES. And, therefore, that But in those cases where you have necessary to do so under that context, effort would fall, even though a major- not made a declaration of war, such as the simple majority. ity were in favor of it. the situation in Haiti, just to cite one That is why those who have spent I have difficulty with understanding example, if the funding cannot occur their time crafting this amendment how one can be so quick to dismiss any other way than by breaking the have argued so and, therefore, estab- that possibility. I have seen many close budget, then we suggest that a mere 51 lished section 5 of this article to make votes on the floor of the Senate. I have votes in the Senate and 218 in the sure that we force the priorities of seen instances in which Members have House is not too much to ask for. spending the way they have never been been absent because they are in the The amendment of the Senator from forced before in the Congress of the hospital, or for other good reasons, in West Virginia would change that to a which the sentiment is very closely di- United States. simple majority of those here and vot- vided and you get a majority in favor If we had had that kind of ing, however many decide to vote. We of a position but it does not rise to the prioritizing before, most certainly we think that that is not a substantial level of a majority of the whole number would not have the $4.8 trillion debt, enough requirement to break the bal- of a House. the $18,000-plus debt per citizen, the ance of the budget that we are trying $300 billion interest charge—it simply I think the problem is even more pressing in the House of Representa- to achieve by the passage of the bal- would not be here, because the Senator anced budget amendment. from Maryland and the Senator from tives where you often have votes when Mr. BYRD addressed the Chair. Idaho would have been operating dur- all Members are not present. In fact, if ing their presence here under a dif- a seat is empty that, in effect, is a vote The PRESIDING OFFICER. The Sen- ferent mindset. We know our standards against. Let me ask the Senator this ator from West Virginia. and levels of performance, and we may question: Is the majority of the whole Mr. BYRD. May I say to the Sen- have argued very loudly over what the number reduced if there are absent ators, we get the same kind of answers priorities of spending ought to be, but seats? There are occasions in the House to every question. They say, well, we in the end, we know that those prior- of Representatives where you may have will readjust priorities. We will trans- ities would have to have been estab- three, four, five seats that are not fer funds from some other program in lished under a balanced budget. filled at one time. That happens on oc- order to fund the military needs during So I am suggesting that the Senator casion. Is the majority to get reduced an emergency. from Arizona is absolutely right. To from the 218, or does the number stay at 218 even though there may be 4 or 5 I have been chairman of the Senate pull a vote from 1941 and argue that Appropriations Committee, and may I that is the context in which article V empty seats in the House? Mr. KYL. The answer, as I under- say to my friends, I am now in my 37th fits is to argue that every cir- stand it, is the requirement would be year on the Appropriations Committee. cumstance, every emotion, every un- 218 irrespective, but I do think it is a We do not have time to adjust prior- derstanding of the time and the situa- mischaracterization to say not infre- ities in emergency situations. tion would be identical and we, of quently there are 3, 4, or 5 vacant seats Suppose you are near the close of the course, know that is not the case. in the House. In my 8 years there, the fiscal year when a threat to our mili- How do you justify that 21 Senators most ever at one time was three, and tary security occurs. The funding that did not vote on that critical day? Well, very rarely were there any. has been provided for various and sun- probably because there may have been I think if I could get back and con- dry agencies is almost spent for that a few pacifists, there may have been a clude my part of the debate on my fiscal year. How are you going to dip few who could not vote either way be- time, then I will be happy to hear from around and readjust priorities and pay cause they simply could not make such the Senators from West Virginia and for the military emergency that is con- a critical decision as to send this Na- Maryland. fronting you at the end of that fiscal tion to war or, in this case, the draft. I think we have to put this back in year, as envisioned by this language? Those are the realities of the moment context. We have a very important You do not have time. We are going and time and the emotion and the poli- issue before our country right now. It soon to be into a new fiscal year. tics of that vote, and certainly the is the runaway Federal budget deficit There are those here who cannot con- Senator from West Virginia, who is and the accumulating debt that we are ceptualize of our being in a situation in senior to all of us with his experience consigning to our children and our which we will have a tie vote here in on the floor, knows that every vote has grandchildren. All of us understand the this Senate, 49 to 49, 48 to 48, or 50 to its own chemistry, its own politics, and importance of dealing with that. We its own emotion. have some disagreement about pre- 50. If the President of the Senate—the What we are saying here is this is a cisely how to deal with it. Vice President—casts a vote, it will minimal standard to force the Senate But those of us who support the bal- not count, because only the votes of to prioritize under fiscal matters which anced budget amendment believe that Senators will count. we think are terribly and critically im- one thing we should do is to say that if We get the same old answers from portant to maintaining the stability of we are going to exceed that balanced the proponents all the time: Oh, I can- the economy of this country and the budget limit, even in a time of military not conceive of this event; I cannot be- fiscal responsibility of this Senate and conflict, it should require a constitu- lieve that this will happen; or the in- our Government. tional majority, meaning 51 Senators, tent is not thus and so. I thank the Senator from Arizona. 218 Representatives. That is hardly too Mr. President, that’s a bountiful an- Mr. SARBANES. Will the Senator much of a burden in that situation. swer that fits all questions. yield for one further question? Why? Because in that situation, we Mr. KYL. Mr. President, I know that have already put young American men It is like a barber’s chair, that fits all but- we have some additional time. I would tocks—the pin-buttock, the quatch-buttock, and women in harm’s way by defini- the brawn-buttock, or any buttock. be happy to have the colloquy continue tion. Therefore, the seriousness of that on our time, if that is the preference. commitment should require an equally That is not original with me. That Mr. SARBANES. Let us assume that serious commitment on the part of the was Shakespeare, but it makes my two Members of the Senate are in the House and Senate in providing for the point. The proponents have an answer hospital. We take a vote on this waiver funding for those operations. that fits all questions. It is just that and the vote is 50 to 48 in favor of mak- We provided, in a case of declaration easy. They just brush aside these real- ing an expenditure to address a na- of war, of course, which, as the Senator life questions, and I think that this tional security threat. So a clear ma- from Maryland correctly pointed out, afternoon proves our point. This is a jority of those present and voting have only requires a majority vote, you constitutional amendment which is not voted to do it. That does not meet the should only require a majority vote to well thought out, and I say that with standard in this article; is that cor- fund that operation beyond the re- the utmost respect for those who were rect? quirement of the balanced budget engaged in the writing of it. It was not Mr. KYL. The Senator is correct. amendment. well thought out.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2938 CONGRESSIONAL RECORD — SENATE February 22, 1995 I believe that if it is welded into this Mr. FORD. I announce that the Sen- ment this Article may impair any payment Constitution, those who have sup- ator from Alabama [Mr. HEFLIN] is nec- or other benefit based upon a death or dis- ported it in ‘‘reaching to take of the essarily absent. ability incurred in, or aggravated by, service in the Armed Forces if such payment or fruit’’ will ‘‘chew dust and bitter The PRESIDING OFFICER. Are there other benefit was earned under a program es- ashes.’’ any other Senators in the Chamber tablished before the ratification of this Arti- I regret that questions I have raised, who desire to vote? cle.’’ and those that have been raised by the The result was announced—yeas 55, The PRESIDING OFFICER. Under distinguished senior Senator from nays 41, as follows: the previous order, the Senator from Maryland, have been, not necessarily {Rollcall Vote No. 75 Leg.} West Virginia controls 60 minutes. The treated with a cavalier attitude, but YEAS—55 Senator from Utah controls 30 minutes. those who responded to the questions Mr. ROCKEFELLER. I thank the Abraham Frist Nickles cannot seem to conceive that real-life Ashcroft Gorton Packwood Chair. situations can occur such as we have Bennett Gramm Pressler Mr. President, the amendment I am tried to present here. And if those situ- Bond Grams Reid proposing is extremely simple and very ations do occur—and there is no ques- Brown Grassley Roth Burns Gregg straightforward. Should the balanced tion but that they will in the long Santorum budget amendment go forward—and it Campbell Hatch Shelby years ahead—the country is going to be Chafee Helms Simon is very close—and actually become part Coats Hollings faced with a dilemma. We seem to be Simpson of the Constitution, which is a result Cochran Hutchison Smith observing a very, very lax attitude here Cohen Jeffords that I continue to strongly oppose, the Snowe by the proponents of the amendment. Coverdell Kassebaum benefits furnished by the Federal Gov- Craig Kempthorne Specter Why would they want to make it dif- Stevens ernment to those particular veterans D’Amato Kyl suffering from service-connected dis- ficult for the Nation to respond to our DeWine Lott Thomas Nation’s security? Why set up a hurdle Dole Lugar Thompson abilities, and to their survivors, will be like that in section 5? Domenici Mack Thurmond protected by my amendment. Faircloth McConnell Warner Specifically, my amendment provides The point here, again, is that we will Feinstein Murkowski be hamstringing the ability of the that the balanced budget amendment Chief Executive, the Commander in NAYS—41 may not be implemented by impairing Chief, to deal with a national security Akaka Exon Levin any benefit based upon a death or dis- emergency, a real-life national secu- Baucus Feingold Lieberman ability incurred in, or aggravated by, Biden Ford Mikulski service in the Armed Forces—service rity emergency, by insisting on 51 Bingaman Glenn Moseley-Braun connected. votes of Senators and by disallowing Boxer Graham Moynihan the Vice President to vote to break a Bradley Harkin Murray Mr. President, at the outset, I want tie. That is reckless—reckless. I am Breaux Inouye Nunn to be clear that while my amendment Bryan Johnston Pell sure it is not intentionally reckless, Bumpers Kennedy is targeted on benefits and services di- Pryor Byrd Kerrey rected to service-disabled veterans, I in but it is thoughtlessly reckless. It de- Robb Conrad Kerry fact wanted very much to be able to fies logic. It counters simple common Rockefeller Daschle Kohl protect all veterans and all benefits sense. If we ever reach a real-life situa- Dodd Lautenberg Sarbanes tion that confronts us and this lan- Dorgan Leahy Wellstone from the kind of meat-ax cutting that I think will take place if the balanced guage is nailed into the Constitution, NOT VOTING—4 then we will have found that a great budget amendment becomes part of our Hatfield Inhofe Constitution. However, I have to be re- disservice has been the result—dis- Heflin McCain service to our fighting men and alistic and I have to target—and I am women—and it ought to be changed. So the motion to table the amend- forced to do that by the cir- Why not strike out this sentence? Why ment (No. 256) was agreed to. cumstances—in an effort to focus most not change it to say adopted by a ma- Mr. HATCH. Mr. President, I move to directly on the most critical parts of jority? reconsider the vote. our commitment to veterans. I have Mr. CRAIG. I move to lay that mo- settled on those with service-connected The PRESIDING OFFICER. The Sen- disabilities, those with the greatest ator’s time has expired. tion on the table. The motion to lay on the table was call for our protection. Mr. BYRD. I thank the Chair and I All who serve in the military deserve thank all Senators. agreed to. The PRESIDING OFFICER. Under our thanks and our support. If I had my Mr. KYL. Mr. President, we are pre- way, I repeat, they would also continue the previous order, the Senator from pared to yield the remainder of time on to benefit from the full range of pro- West Virginia [Mr. ROCKEFELLER] is this side. grams that have been developed over recognized to propose an amendment. Mr. President, at this time, I move to the years. Unfortunately, those who table the amendment of the Senator AMENDMENT NO. 306 favor deficit reduction over all else from West Virginia and I ask for the (Purpose: To protect the disability and death have significant support today, and no yeas and nays. benefits of veterans) Federal expenditure is secure. There- The PRESIDING OFFICER. Is there a Mr. ROCKEFELLER. Mr. President, I fore, while I intend to continue my sufficient second? send an amendment to the desk and strong support for all veterans pro- There is a sufficient second. ask for its immediate consideration. grams as long as I am in a position to The yeas and nays were ordered. The PRESIDING OFFICER (Mr. do so, my amendment is crafted nar- rowly. Specifically, the benefits that The PRESIDING OFFICER. All time BENNETT). The clerk will report. would be protected by my amendment has expired. The question is on agree- The assistant legislative clerk read are the most vital benefits adminis- ing to the motion to table the amend- as follows: tered by the VA: compensation paid to ment of the Senator from West Vir- The Senator from West Virginia [Mr. service-connected veterans; depend- ginia. The clerk will call the roll. ROCKEFELLER] for himself, Mr. DASCHLE, Mr. ency and indemnity compensation paid The assistant legislative clerk called AKAKA and Mr. WELLSTONE, proposes an amendment numbered 306. to the survivors of those who die in the roll. service or from service-connected dis- Mr. LOTT. I announce that the Sen- Mr. ROCKEFELLER. Mr. President, I abilities; vocational rehabilitation pro- ator from Oregon [Mr. HATFIELD], the ask unanimous consent that reading of vided to disabled veterans, who are dis- Senator from Oklahoma [Mr. INHOFE], the amendment be dispensed with. abled because of their service; health and the Senator from Arizona [Mr. The PRESIDING OFFICER. Without care furnished by the treatment of MCCAIN] are necessarily absent. objection, it is so ordered. service-related disabilities; burial al- I further announce that, if present The amendment is as follows: lowances paid when the veteran dies in and voting, the Senator from Oregon At the end of section 6, add the following: service or from service-related causes; [Mr. HATFIELD] would vote ‘‘yea.’’ ‘‘However, no legislation to enforce or imple- and certain other ancillary benefits

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2939 provided to service-connected disabil- beside the front door of the VA. That who have served their country and ities. was a long time ago that he said that, risked so much? Who would do that? Mr. President, these benefits are at but these words ring no less true today. Cutting benefits to those who served the core of the mission of the VA. Stat- Indeed, as we enter into this new era us all and who became disabled during ed simply, the principal mission of the with the cold war behind us, we should that service is simply not the sort of Department of Veterans Affairs is to pause and recall how, in fact, we came thing we should allow to happen in a ensure that we, as a Nation, honor the to be where we are. We should pause country called America. I can think of commitments to those who have served and remember those who served from no population with a greater claim on us and protected us, often in times of the world wars through Korea, Viet- our concern and our love and our pro- need and often at enormous sacrifice to nam, to the Nation’s most recent con- tection than those who sacrificed their themselves, and most especially those flict in the Persian Gulf and reflect on well-being in our common defense. who were injured or disabled during what their service has gained for all of Mr. President, I will not repeat the that service. us and what they are owed by a grate- legal analysis that was presented dur- Too often, this commitment and this ful nation for that service, most espe- ing the debate on Senator REID’s obligation to those who have answered cially those disabled by that service amendment on Social Security as to the Nation’s call and suffered as a con- and the survivors of those who gave the why this provision needs to be a part of sequence, frankly, sort of gets lost, last full measure. the amendment itself and not a mere glossed over, forgotten. Sometimes We must keep faith with those who afterthought in other and separate leg- issues relating to the appropriate bene- served. It is a simple sentence, but it is islation. It is enough to note the obvi- fits and services for these brave men a strong one. We must keep faith with ous. Since some of our colleagues be- and women who have served, who de- those who served for that is the sort of lieve that it is necessary to amend the fended us and are now disabled by vir- people that we are. Constitution in the name of fiscal pol- tue of having done so, get lumped with And on a far more pragmatic level, icy, then surely in the same amend- other obligations of Government, as we must honor the commitments to ment they can be clear that they do though all of the things the Federal those who served in the past so that not intend, for whatever mischief is to Government does are kind of on an those who are considering entering the follow in the name of fiscal policy, to equal basis, that everything is equal. service today know that the promises have an adverse impact on disabled Plainly, this is not so. made to them today will be kept when veterans and the survivors of those vet- We must never diminish the obliga- their service ends. To fulfill our funda- erans who gave, as I say, their all. tion that is owed to those who have mental obligation, we as a nation have Mr. President, I want to believe that served in the armed forces, and espe- established a wide range of veterans this is the point of view of those who cially to those who have suffered dis- benefits that are provided to those support the balanced budget amend- ability or death from that service. Tak- with service-connected disabilities, and ment, but I must confess to having ing care of those who join the military, we must remain true to those commit- some serious worries. Being able to see so as to defend the general population, ments. the words that would provide the pro- is a tradition that goes way, way back Mr. President, the Senate recently tection included in the amendment in our Nation’s history. In the history engaged in an extended debate on the itself would remove any lingering of America, this imperative can be seen relationship between Social Security doubt on my part and on the part of from our earliest days. One of the first and the balanced budget amendment. I America’s veterans. American veterans benefits laws on agreed fully that Social Security de- Mr. President, I have more to say record was enacted in 1636 by the mem- serves to be protected from the vagar- about my amendment and in its de- bers of the Plymouth Colony. ies of the sort of mindless budget-cut- fense, but at this point I notice the That law provided that, in the event ting exercise that will have to take Senator from Maryland is on the floor. one who served in defense of the Colony place if the Constitution is amended to The PRESIDING OFFICER. Does the returned ‘‘maimed and hurt,’’ the Col- require a balanced budget. I think the Senator from West Virginia yield time ony would maintain the soldier ‘‘com- benefits of service-disabled veterans to the Senator from Maryland? petently’’ during the soldier’s life. deserve protection just as well. Mr. ROCKEFELLER. I do. This commitment to care for the vet- There is no question that the Social The PRESIDING OFFICER. Would eran who returned disabled from serv- Security benefits are in the nature of a the Senator indicate how much time? ice has remained strong, remained contract. And it is equally appropriate Mr. ROCKEFELLER. How much time vital down through our time, and it to identify some Government benefits, would the Senator require? must continue to be honored. you know, these days as mere gifts or Ms. MIKULSKI. Five minutes. Mr. President, if we are to amend the giveaways, so as to contrast those ben- Mr. ROCKEFELLER. I yield 5 min- Constitution in the name of fiscal pol- efits with Social Security. utes to the Senator from Maryland. icy in the mindless way that is pro- But that is not the nature of benefits The PRESIDING OFFICER. The Sen- posed in the underlying resolution, for service-disabled veterans. The con- ator from Maryland is recognized for 5 then at a minimum we must ensure tract that relates to these benefits was minutes. that disabled veterans and their sur- one signed in blood and many, many Ms. MIKULSKI. Thank you very vivors are protected in that same ac- times over. Veterans paid for these much, Mr. President. tion in the Constitution. benefits with their limbs, their sight, I rise with great enthusiasm to sup- President Lincoln would be, I sup- their mobility, their mental and phys- port the Rockefeller amendment. I be- pose, the President with the greatest ical health, indeed, with their very lieve that we should under no cir- sense of depth and immediacy of the lives. cumstances balance the red ink of the obligation of those who served. He Benefits paid to veterans who are in- Federal budget by using the red blood spoke of this in 1864. He said: jured while in service to their country of America’s veterans. All that a man hath, will he give for his are valued perhaps more than any Americans have served the United life. While all contribute of their substance, other in the VA. And veterans in gen- States of America proudly with honor, the soldier, the soldier, puts his life at stake eral would agree with that. Why? Be- with dignity and enormous self-sac- and often yields up in his country’s cause. cause our Nation recognizes and re- rifices. The highest honor then is due the soldier. spects, as we should, the commitment We are at the 50th anniversary of the That was Lincoln. we made to those who gave up their commemoration of World War II— The terms of this obligation, which is livelihood, left their homes, agreed to World War II in which ordinary people the guiding principle of the VA, was risk their lives for their country, asked were called to do extraordinary things, characterized no better than when, no questions and suffered an injury and they did them. They did it at Nor- again, President Lincoln spoke of the while in the course of their service. mandy, they did it at Okinawa, they obligation to ‘‘care for him who shall Many never came home. did it at the Battle of the Bulge. have borne the battle and for his widow Who here intends to break our con- And when, at the Battle of the Bulge, and orphan.’’ That is what is written tract with the disabled men and women a message was sent to our troops to

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2940 CONGRESSIONAL RECORD — SENATE February 22, 1995 surrender, our military sent back a is a symbol and living testament to the Senator from West Virginia, and I re- message and said, ‘‘Nuts.’’ principles that have kept this country sist in saying the words ‘‘Here we go Well, that is exactly what we are say- strong and free: loyalty, self-sacrifice, again,’’ for the simple reason that I ing on the floor today for those who and patriotism. When we think of our now have the privilege of serving on would not be willing to exempt vet- enlisted people, we think of everything the Veterans’ Affairs Committee of erans with service-connected disabil- that is good about this country—cour- this Senate and, by the outcome of the ities from the balanced budget amend- age, loyalty. last election, missed the opportunity ment. We say, ‘‘Nuts’’ to those who Our responsibility now is to live up to serve under the chairmanship of the wish to use veterans funding and make to the kinds of promises we made to Senator from West Virginia of this them vulnerable to these swash- them when they were called to duty. critical and important committee. buckling kinds of issues that we are The PRESIDING OFFICER. The time So when the Senator from West Vir- discussing here. yielded to the Senator has expired. ginia stands up to speak about vet- We know that the veterans appro- Ms. MIKULSKI. Mr. President, I sup- erans and veterans issues, I know he priation for medical care alone num- port the Rockefeller amendment. speaks with the utmost sincerity as to bers about $15 billion to $16 billion. I Mr. President, I ask unanimous con- his concerns, as does the Senator from know that, Mr. Chairman, because I sent for 1 additional minute to con- Maryland. once was the Chair of the sub- clude. Because of that sincerity, because of committee that appropriates those. The PRESIDING OFFICER. Without the commitment that this Senator has, Though I am now in a sabbatical from objection, it is so ordered. we will prioritize at the top of nearly the chairmanship, I am not in a sab- Ms. MIKULSKI. Mr. President, I hope every budget the responsibility we batical from fighting for American vet- that my colleagues will think long and have to honor the commitment that erans. hard, that when they go to Veterans this Government made to the men and That $15 billion is designed to meet Day observances, when they go to Me- women who put their lives in harm’s the needs of America’s veterans in morial Day, when they rise at Fourth way to provide for our safety and secu- order to be able to meet their acute of July parades and give the V sign or rity as a nation. care, provide primary care connected the thumbs up, and when we vote we But there is no question that as we to service-connected disabilities, and should never, ever balance the red ink debated the Social Security issue and long-term care for those who bear the of the Federal budget on the backs of as we now debate veterans issues, that permanent wounds of war. American veterans who have served so we find our services falling into the Do we really want to make that vul- well. GRAMM–Rudman trap of taking away or nerable to budget cuts, mandatory I yield the floor. exempting from any budget consider- budget cuts that will obviously come Mr. HATCH. Mr. President, veterans’ ation, under a controlled scenario and through a balanced budget amend- benefits and veterans’ programs will under this instance of a balanced budg- ment? continue to compete very well under a et, these programs. What does that say? I guess it could The other part that the VA funds is balanced budget amendment. say they are at the top of our priority disability pensions for those, again, But this constitutional amendment list, but it says we can also spend in a who were wounded in the war and for is not the place to set budget prior- lot of other areas that have less pri- those who are also now applying for ities. We cannot put statutory pro- ority, and we exempt these programs those, who served in Desert Storm and grams into the Constitution. Constitu- from any budgetary consideration that other recent conflicts. Because of inad- tional and statutory confusion will re- is fair and responsible. equate funding, we have a backlog that sult if we include references to statu- Two weekends ago, Mr. President, I needs to be addressed, because our vet- tory programs in the text of the Con- visited a new veterans home in Idaho erans now have to wait several months stitution. It would create a new type of that I am very proud of. I helped gain in order for that backlog to be able to law somewhere between constitutional the money for that home and the State be processed. law and statutory law. Would we need of Idaho moved that money. It now is Mr. President, I believe that the vet- to amend the Constitution to increase the residence for 70 veterans who erans who have already served the veterans’ benefits? Would we really served their country well but find the United States of America should not be want to give quai-constitutional status need to have shelter provided by this called to do double duty by placing to the technical language of the vet- unique and beautiful home. I visited those programs related to the deficit— erans’ benefits statutes? Would we with most of them, spoke to them. We those veterans with service-connected want to allow those statutes to be a were talking about the very issue that disabilities being exempted from that. loophole to let off the pressure of bal- we are debating on the floor tonight, When we think of those veterans, ancing the budget? This could pose a the balanced budget amendment. they are the men and women of the risk to veterans’ programs as Members All of them said, ‘‘Senator, get the Armed Forces who fought over there so of Congress would have an incentive to budget under control. I am really wor- we could be safe there. People like my redefine spending programs as vet- ried about the future of this country Uncle Pete, my Uncle Fred, my Uncle erans’ programs. and I am worried about my grand- Richie, who left banks, shops, and gro- Mr. President, this amendment is yet children. So I hope you win. I hope you cery stores to fight the Nazis and the another attempt by opponents of the balance the Federal budget,’’ because war in the Pacific. They were the brave balanced budget amendment to use a what those members of that Idaho vet- men who fought in Korea in an worthy group of beneficiaries—in this erans home knew was that the commit- undeclared war, and in Vietnam in an case our Nation’s veterans—to start ment their Senator had was to always unpopular war, and in Desert Storm in putting loopholes in the balanced budg- put their issues at the front, to a high-technology war, and countless et amendment. This poses risks to the prioritize, as the history of this Con- other contingencies, so when a Presi- balanced budget amendment, could en- gress has always demonstrated that we dent dials 911 they are there to answer, gender constitutional confusion, and will treat fairly and responsibly those ready and fit for duty. might hurt veterans’ programs. who served our country, because of the Then what do we say? Thank you. We Let me repeat that veterans’ benefits commitment we made when they took always say a grateful Nation will never hold a priority place and will be well the oath. That does not mean we move forget. Well, I am absolutely concerned protected. But we should not start ex- them outside of the arena of budgetary that we will forget and those who we empting statutory programs from the considerations or the intent to be fis- will forget the most are those who broad universal mandate of the bal- cally responsible. wear the green eyeshades rather than anced budget amendment. If we allow but one exemption, then military epaulets, as they look down at Mr. CRAIG addressed the Chair. there are a lot of other priority areas the Federal budget. The PRESIDING OFFICER. The Sen- that many other Senators would find That is why I support the Rockefeller ator from Idaho. necessary. I would have to say to the amendment. Each and every one of Mr. CRAIG. Mr. President, I rise in Senator from West Virginia, what those men and women in the military opposition to the amendment of the about his coal miners? What about our

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2941 rail workers? What about my farmers I would think the veterans would billion. So if somebody can tell me and ranchers? No, they did not put have picked up on it. Veterans are a where the $200 billion dropped off the their lives in harm’s way to ensure the bright group. They have powerful orga- table, just drop a fax or something or safety and security and freedom of this nizations in this community. But I slip it under the door and I will be glad country. But we have said for a long, must say, in my 16 years here, and hav- to read it if I can to see how $200 bil- long time we have an obligation to ing served as ranking member under a lion simply disappeared. It is absurd to them for a variety of reasons. fine able chairman, Senator Al Cran- say that the veterans have not been Yet, we have not chosen to exempt ston—people often confuse us and say, taken care of in some way. them, nor should we choose to exempt ‘‘You’re Al Cranston.’’ ‘‘No, I’m AL There is a terrible confusion here, a anyone, but to force this Congress to SIMPSON.’’ I have to clear that up daily. very unfortunate confusion, a fuzzing— maintain the priorities we think are Nobody ever calls him AL SIMPSON but unintentional, I am sure—about the critically necessary. We believe that many call me Al Cranston. But it was difference between a combat disabled that has to be done under the context difficult. That was the only thing dif- veteran and a service-connected dis- of a balanced budget. As I said when we ficult in that relationship because I en- abled veteran. I know this may be in- debated the Social Security amend- joyed him thoroughly. side baseball to some, but it is critical, ments, the threats to veterans benefits There is nobody I enjoy more than very critical, because this well-inten- is not this amendment, the threat to JAY ROCKEFELLER. He is a splendid tioned amendment will do some serious veterans benefits is the debt and the friend. I watched the chairman through things. deficit. The deficit itself is crowding the years, Senator FRANK MURKOWSKI, You have to remember, as Senator out the benefits, because we have to and the wonderful work that he has ROCKEFELLER says, those who enter pay interest on that debt. done, and on it goes. service must know that their commit- I say now if we did not have the $300 Always we get into this wretched ex- ments will be met. Each Congress we billion deficit payment, interest on cess about veterans: ‘‘What are we have added to the benefits available to debt payment on an annualized basis, doing for the veterans of our country?’’ veterans—each year. the Senator from West Virginia and I And the answer is everything. I am Not a year has gone by in my pres- would not have to make the critical de- telling you, when I came to this body, ence as chairman or ranking member cisions we are going to be making in the veterans budget was $20 billion in that additional presumptive diseases this budgetary cycle, with or without a 1978, and today it is double—double, have not been added. I know that is in- balanced budget requirement, which $39.5 billion proposed for 1996. And in side baseball, too. People say, ‘‘What is will entail reductions in growth rates 1978 it was $20 billion. It has doubled. a presumptive disease?’’ Well, there are of certain veterans benefits, not be- And every year I have to come here and now 86, I believe, presumptive diseases. cause of a balanced budget amendment, listen to what we are doing to the vet- Some of them obviously are connected but because for too long this Senate erans of America. It is a tedious exer- with service in the U.S. military and has not been fiscally responsible, and cise, a truly tedious exercise. the majority of them are simply con- we are now crowding out the very real It comes from the veterans’ groups. nected with being alive: Ulcers, hyper- programs that are extremely valuable. The organizations gin the rhetoric up tension, stress, high blood pressure, the Mr. President, at this time, I yield to all day long. The average increase for things that happen to every other per- the Senator from Wyoming and the veterans is over $1 billion a year. When son in society. If you have been in the chairman of the Veterans’ Affairs Com- every other program in America is tak- military, they are presumed to have mittee here in the Senate, such time as ing a hit, the veterans do not take a happened to you because of your serv- he might require. hit. They have not taken a hit in any ice in the military. For example, the Mr. SIMPSON. Mr. President, this is way. We keep adding things. list includes lupus. I can get the list. It one of the periodic missions assigned to What we really tragically do is add is an extraordinary list. those who chair the Veterans’ Affairs new things in the Veterans’ Affairs Ninety-three presumptive diseases Committee or who serve as ranking Committee and on the floor, because are called to my attention—93. If you member during the debate on any issue you do not dare vote against any kind saw the list you would see that it in- that has anything to do with veterans. of bill that has the word ‘‘veteran’’ in cludes every malady—and some are se- I am a veteran. There are 27 million it. So we come here and we have voted rious and some are not as serious. But veterans. I know some get tired of me for entitlement programs that we can- every malady on that list affects every quoting the statistics. But I do not get not fund, and then the veterans groups other person in society. tired of it, because the American peo- come back in and say, or the veterans We do that every year. We have made ple have been forced, in this debate on themselves come back in and say, additions to the cost-of-living allow- the balanced budget, to wake up and ‘‘How come I couldn’t get into the VA ance. We have every year increased ac- figure what is going to happen to them. Hospital in Cheyenne or Miles City?’’ cessibility for services and benefits, My wake-up call came during service Or ‘‘Why couldn’t I do this’’ or ‘‘Why and benefits have been expanded in on the Entitlements Commission, the couldn’t I do that’’? each and every year of my being here. bipartisan Entitlements Commission, The answer is, ‘‘Well, we didn’t fund Hear this: The argument is that we chaired so ably by Senator BOB KERREY that.’’ need to care for those injured as a re- and Senator Jack Danforth. And 30 of ‘‘Well,’’ they said, ‘‘you should have sult of their service. The amendment of the 32 of us—a very diverse group rang- funded it.’’ my friend from West Virginia, by freez- ing from Rich Trumka, Malcolm Wal- So all I can tell you is that if anyone ing benefits for many who are being lop, my fine senior colleague in those can tell me that the people of the paid for injuries or illness unrelated to days, JOHN DINGELL, Tom Downey, Sen- United States, through their elected their service, would impair the ability ator CAROL MOSELEY-BRAUN, Senator representatives, have not supported the of a future Congress to respond to the GREGG—a wonderful group of people— veterans of America, that is plain erro- needs of those actually harmed as a re- and 30 of the 32 of us have agreed and neous information. sult of their service. This is, I am sure, presented to the President the fact I suppose we are going to have some a highly unintended consequence. that in the year 2012, with no increase charts about GDP and increases in this Furthermore, Senator MIKULSKI—and in taxes, that there would be only suffi- and or the increases in that. It is like she did a yeoman job as chairman of cient revenue to fund Social Security, dealing with Medicare. If you want to the HUD and VA subcommittee. She Medicare, Medicaid, and Federal retire- deal with another power group, other and Senator Jake Garn worked so well ment and interest on the national debt than the veterans organizations, deal on that. She is a spirited advocate of and that there will be nothing—abso- with the AARP, who have managed to the amendment. She cites many com- lutely nothing—to be used to fund tell the American public that we have bat veterans. No one—please—no one, transportation, education, defense, cut Medicare $200 billion in the last 10 not a soul in the land questions our ob- Head Start or NEA or any other discre- years. Well, I would like to see that ligation to those injured in the per- tionary program of the Federal Gov- one on paper because Medicare was $37 formance of their duty. But this ernment, and everybody knows it. billion 10 years ago, and it is now $157 amendment goes far beyond that. This

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2942 CONGRESSIONAL RECORD — SENATE February 22, 1995 amendment would include—hear this— in a requirement for 2 years service, payment down the rathole as interest it would include the 19 percent of serv- and I believe that is where we are now. on the national debt. ice-connected veterans with ordinary So you can serve 2 years, never leave The budget this year is $1.6 trillion, diseases unrelated to duty. the United States, and not know a and $40 billion of it is going to go to There is a 19 percent cadre of people mortar tube from either end and still the veterans of America. And I have who I do not think were ever intended draw every single benefit that a dis- not the slightest qualm about that. I to be included here. It would include abled veteran or a veteran of combat am ready to vote that. And the vet- the 6 percent of service-connected vets receives. erans will get to watch along with the who are injured off base in accidents Now, people do not like to hear that, rest of our American citizens as the unrelated to duty. I do not think that and they say, ‘‘SIMPSON, you are not deficit goes $200 billion a year out into was ever intended. doing that again.’’ I almost can feel my eternity, but that is nothing, because It is a remarkable, periodic thing staff pulling on my clothing as I bring in 1997 it will begin to go to $250 bil- that we go through here, and some of it it up again. But it is true. lion, and then it will go to $300 billion is, believe it or not, politically moti- And then I ask you to remember an- per year. vated. I know that is a shocking state- other one. This will get me in deep I think the veterans’ organizations ment. I am not attributing that here, trouble. You can be a service-connected would want to pay attention to that. but over the years I have attributed it disabled veteran by busting up your And then the debt in the year 2003 will because I can remember very well one knee playing special services basket- be $6.3 trillion. I think the veterans’ time when I came to the floor of the ball at Heidelberg, ladies and gentle- organizations would really want to pay U.S. Senate many years ago and there men. Hear that. Hear it. Because if I attention to that because, if our coun- was a Senator—he is not in our midst, get to have horror stories used on me, try goes belly up and we monetize the he is no longer in the Senate—who was then I get to throw the horror stories debt, veterans are going to get stuck railing about the veterans of America going the other way back into the box. along with everybody else, along with and how they have been cheated, short You can really be a service-connected everybody on Social Security, along sheeted, ripped off, treated like bums. I disabled veteran for hooking your knee with the seniors and Head Start and have never heard a speech quite like it. over a bayonet stuck in a tree, saying, everybody else. That is the way that It was a ringing thing. In fact, it is ‘‘I want to draw a green check for the works. still ringing. rest of my life.’’ I saw a guy do that in If that happens, the sacrifice of serv- Afterwards, we were riding the sub- the woods of Germany, and he said, ice members who died or were wounded way back and I said, ‘‘I have a question ‘‘I’m out of here, see you.’’ I said, protecting the future of our country to ask: Have you ever been in the serv- ‘‘Boy, this is great. That’s not what I will have been in vain. Their service ice?’’ had in mind when I put in my 2 years.’’ will have been absolutely in vain if the And our colleague, now not with us, He said, ‘‘Well, that’s what I have in future of our country is dictated by the said, ‘‘No.’’ mind.’’ demands of an ever-increasing debt and I said, ‘‘How come it is that a person I do not know where that man is now. deficit. And the commitment of the like you who has never been in the U.S. But just to believe that every single Congress and this country to care for military will give a speech like that veteran is ‘‘deserving of everything out those who bore the battle, their widows when you haven’t even been in the of the Federal Treasury’’ is to believe and orphans will count for nothing if Civil Air Patrol?’’ I said, ‘‘I get tired of that every lawyer is deserving—I am the economy that supports all of the that. And the next time you do it, I’m one of those in life—or that every poli- veterans’ benefits collapses under the going to get out there and rip one, and tician is wholly deserving, or that weight of the deficits we incur today. we’re not going to listen to that kind every person deserves a Federal check. Does anyone believe that will not of stuff again.’’ That is not so. occur? If we continue business as usual, He said, ‘‘You wouldn’t do that. It Veterans served, you bet they did, we continue to spend based on desires would ruin the comity of the Senate.’’ and with honor and distinction, and and pressure from the interest groups; I said, ‘‘Well, you are already ruining it they sometimes fought, and, tragically, rather than budget based upon our re- by getting out and pretending we don’t some were maimed and many died. sources, the future is very clear and do anything for the veterans in the Does anyone believe that we do not all the outcome is inevitable. And I have United States.’’ know that, and have tremendous pas- described to you what will occur in the That was 1979. That gentleman never sion and compassion for what they did. year 2012. And, of course, there is an- spoke again on the issue of veterans be- How absurd to have to come and get other fact to throw in the pot. The So- cause I just kept a big drawer full of into a debate and hear that some of us cial Security system will be broke in the statistics about what we do for vet- do not care about those veterans or for the year 2029. That nightmare is not erans in this country. those who bore the battle and for their just a vision of some mad Reagan sup- People cannot understand that there widows and orphans. Their service and porter somewhere or Jimmy Carter or are 27 million veterans, and only 3 mil- sacrifice gave their children and their George Bush or anyone you wish to lion of us have ever had a live shell go grandchildren a chance to live in free- name who served our country with dis- past our head in combat. Now, they dom. tinction as President. will say, ‘‘Oh, we can’t tell how many But today, our country’s future, and No. We are told that the system will saw combat.’’ Well, I say you could get the freedom of our descendants, face go broke by the trustees of the Social pretty close. We have a form, a DD–214, threats that are every bit as dangerous Security system, who are not exactly that tells where you were, where you as the foreign enemies that America’s off the wall. They are people like Lloyd served. It is a great ploy to assert that 27 million veterans defeated. The vic- Bentsen, Robert Reich, Donna Shalala, you cannot tell where someone served tories won by America’s veterans in and two members of the general public. or what they did. I do not believe that war will be lost in peace if our Nation And they are saying that in the year one anymore either. is brought to her knees by the burden 2029 the system will be broke. And they The VA does not want to provide that of our national debt. moved the doomsday up from 2036 to information because you can use the All of us know what we are doing. We 2029 just last year. Next year, when word ‘‘veteran’’ to cover, literally will all vote on April 1, or thereabouts, they meet again, will they move the cover, people who served 6 months—6 to raise the debt limit to $5 trillion. doomsday from 2029 down to 2025? I do months. There were thousands of vet- Now, when we get the debt limit to $5 not know. But those of us on the Fi- erans, when I came to the committee, trillion and the interest on the na- nance Committee are asking those who had served 6 months, never left the tional debt to $300-plus billion, you questions. People like Senator MOY- United States, and did not know a mor- could do a lot of things for veterans NIHAN are asking those questions. Sen- tar tube from either end. They received with the $300-plus billion interest pay- ator PACKWOOD, the chairman, is ask- every benefit this country had, and I ment that will instead have to be sent ing those questions. These are real said, ‘‘This is absurd.’’ And Al Cranston down the rathole. You could do a lot of issues, absolutely, totally real con- helped me change that. We at least put things for veterans with a $300 billion cerns.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2943 So when we come to the point of tically eroded patient base and dimin- ture of the Nation that provides those monetizing the debt, or whatever you ished resources necessary for its con- benefits. have to do when you have a debt of $6 tinued existence. If we are serious about our obligation trillion, and you put Federal borrowing I ask unanimous consent that letter to veterans—we have to be serious in short-term securities because the in- be printed in the RECORD. about protecting economy that sup- terest rate is less. When we have to roll There being no objection, the letter ports the benefits veterans receive. over that short term debt, as the occu- was ordered to be printed in the I have no fear for the strength and pant of the chair knows so well, a one- RECORD, as follows: persistence of our Nation’s commit- point increase in the interest rate PARALYZED VETERANS OF AMERICA, ment to veterans. I do fear for the abil- translates to, I think, $48 billion to 48— Washington, DC, February 14, 1995. ity of our Nation to convert that com- $48 billion; 1 point in the interest paid Hon. ALAN K. SIMPSON, mitment into the reality of effective by the Government costs that much. U.S. Senate, Senate Office Building, Wash- and enduring programs—unless we So, when that happens we do not ington, DC. make a commitment to protect the fu- DEAR SENATOR SIMPSON: On behalf of the need to worry about little things like members of the Paralyzed Veterans of Amer- ture of our Nation, and the future of this amendment. When that happens, ica (PVA), I urge you to oppose an amend- our economy, by bringing our appetite there will be no money to pay the sala- ment, which we understand will be offered for debt under control. ries of VA employees who would proc- today by Senator John D. ‘‘Jay’’ Rockefeller, It is by happy coincidence that the ess the benefits this amendment pro- IV, to H.J. Res. 1, the Balanced Budget Washington Post published on Tues- poses to protect. There will be no Amendment. PVA also requests your opposi- day, February 15, contains two col- money to pay the salaries of VA doc- tion to H.J. Res. 1 itself. Neither of these ini- umns illustrating my point. tiatives is in the best interests of the vet- The first piece, by Robert J. Samuel- tors or nurses to care for any non- erans of this Nation. service-connected illness—any non- Senator Rockefeller’s amendment, while son, provides one blueprint for bal- service-connected illness. This is an motivated by a heartfelt desire to attempt to ancing the budget. Samuelson’s plan important distinction. safeguard benefits and services for veterans does not reduce veterans’ benefits. I am If any Senator offered any proposal disabled in military service, will fragment sure there are many others. Thus, we to limit VA health care only to service- veterans’ programs and seriously weaken the can lay to rest the notion that bal- connected disabilities he would face veterans’ health care system. By protecting ancing the budget must reduce vet- the ultimate, immediate and only a portion of the funding needed to erans’ benefits by 30 percent, or—for maintain the VA health care system, the fu- undisguised wrath of the veterans orga- ture of the entire system could well be jeop- that matter—by any other percentage. nizations. But that would be the full ef- ardized. The VA health care system, and par- The second piece, by James K. Glass- fect of allowing the continued growth ticularly its specialized services such as spi- man, reminds us that, if the Congress of the deficit. nal cord injury medicine, upon which PVA’s makes no change in spending and enti- A Federal budget with no room for members rely, will be faced with a dras- tlement policy, future generations will discretionary spending, I can assure tically eroded patient base and diminished face ‘‘net lifetime tax rates’’ that aver- you, will have no room for nonservice- resources necessary for its continued exist- age 84 percent. ence. Think about that. connected health care—believe me. It If this Nation is to maintain its commit- will not. Because, if you want to get ment to the men and women who have served If we continue with business as usual, into a description of nonservice-con- in the defense of freedom, then the merits of future generations will have to pay 84 nected health care, there are some veterans’ benefits and programs should be percent of their net lifetime income— things in there that you really don’t judged on their merits in an open, ongoing that’s what’s left after allowing for want to see. Congressional process. Senator Rockefeller’s Government payments back to the tax- I thought the most interesting part amendment recognizes the service and needs payers, to pay for this generation’s of the debate, at least as some of the of some veterans, while leaving the benefits spending. The source of Mr. Glassman’s of millions of other subject to the arbitrary calculations? The President’s budget material has come out, is that I had a cost-cutting mechanism which a balanced very pleasing letter from the Paralyzed budget amendment will no doubt entail. for 1995. Veterans of America. If we want to The Balanced Budget Amendment, H.J. Does anyone doubt that such a tax- continue to talk about people who gave Res. 1, is itself a fiscal artifice which in the ation rate would bring down the econ- their all and do their all, then I think name of expediency is touted as a promise to omy, and the veterans’ benefits that we would want to listen to the Para- cut federal spending with no regard for the depend upon it? These articles are so il- lyzed Veterans of America. Let me read purposes, merits or rationales of the pro- lustrative of the point I am trying to this letter dated February 14, saying: grams and benefits which will be reduced. It make that I ask unanimous consent is our strong belief that fiscal constraint and that they be printed in the RECORD of On behalf of the Members of the Paralyzed balancing federal spending must be achieved Veterans of America I urge you to oppose an in open Congressional action, with the value this debate. amendment, which we understand will be of- and purpose of each benefit of service inde- There being no objection, the letters fered today by Senator JAY ROCKEFELLER. pendently judged. Not all federal programs were ordered to be printed in the Then they go on to describe, and I are of equal value, nor are they an equal re- RECORD, as follows: would certainly subscribe to the de- flection of our national commitments. THE BUDGET WITH THE HIDDEN GENERATION scription also—they describe the Again, on behalf of the members of Para- GAP lyzed Veterans of America, I request your (By James K. Glassman) amendment, as being ‘‘motivated by a strong opposition to both Senator Rocke- heartfelt desire to attempt to safe- feller’s amendment, and to the Balanced For the past three years, the most fright- guard benefits and services.’’ Budget Amendment which motivated it. ening part of the president’s budget has been Boy, I believe that about my friend Thank you. a section discussing something called from West Virginia, that this is heart- Sincerely, ‘‘generational accounting.’’ The economists who wrote last year’s sec- felt. I subscribe to that and I believe RICHARD GRANT, National President. tion calculated that if the government didn’t that. But this attempt to do this—and change its policies on spending and entitle- again I am reading from the Paralyzed Mr. SIMPSON. Mr. President, a bal- ments, future generations would face a net Veterans Association letter anced budget does not require a reduc- tax rate of 94 percent! . . . will fragment veterans’ programs and tion in any benefit or program. It That figure was buried deep inside last seriously weaken the veterans’ health care would require only a reduction in the year’s 2,000-page budget, and it caused a system. By protecting only a portion of the rate of increase of entitlement spend- small sensation when it surfaced in the funding needed to maintain the VA health ing. press. It reminded Americans that, while care system, the future of the entire system I commend those who desire to en- President Clinton was indeed cutting the def- could well be jeopardized. sure that our Nation remembers her icit, government spending—especially on So- I believe that. The VA health care cial Security and Medicare—would still over- obligation to those who are injured as whelm the young and children yet unborn. system, and particularly its specialized a result of their military service. So when the president’s new budget came services such as spinal cord injury But I urge them to remember that out last week, I naturally searched the four medicine, upon which the PVA mem- the best way to protect the future of volumes for this year’s section on bers rely, will be faced with a dras- veterans’ benefits—is to protect the fu- generational accounting.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2944 CONGRESSIONAL RECORD — SENATE February 22, 1995 It wasn’t there. model, young people save and old people con- tories can be cut. Clinton made similar pro- I phoned Laurence Kotlikoff, the Boston sume. So, if the government takes 15 percent posals to finance his health care plan but University economist who developed the idea out of the paycheck of a saver and sticks it now has dropped them. Deficit savings: $40 of looking at the federal budget from the in the bank account of a consumer, the na- billion (by the year 2000). point of view of the age groups that pay the tion as a whole will get less saving and more Raise taxes: A 12-cent a gallon oil tax (in- bills. consumption. troduced over three years, or 4 cents a year) A mild-mannered fellow who voted for Bill But if old people are getting more of the would raise $23 billion by the year 2000. Tax- Clinton in 1992, Kotlikoff was distraught. ‘‘I wealth, aren’t they giving some of it back to ing capital gains (profits on stocks, bonds) think it’s a big scandal,’’ he said. ‘‘We’d as- their kids? Alas, says Kotlikoff, research when people die would raise $10 billion. sisted OMB [the Office of Management and shows that altruism doesn’t operate much in Eliminating tax-exempt bonds for some pri- Budget] on this through the fall. Then, at economic life, even within extended families. vate investment (some housing, for instance) the last minute, some of the political types Old people spend what they have—on travel, would raise $2 billion. Cigarette taxes could in the White House threw it out.’’ shelter, medical care. be raised modestly; other tax preferences Kotlikoff sent me the new analysis that he Last week, Sen. Bob Packwood (R-Ore.), and Alan Auerbach of the University of Cali- could be ended. Deficit savings: $50 billion. the Finance Committee chairman, warned Cost-of-living adjustment (COLA): Cut 0.5 fornia at Berkeley and Jagadeesh Gokhale of that, if Congress did not pass a balanced- the Federal Reserve Bank of Cleveland had points annually from the COLA; a 3 percent budget amendment, the nation would face ‘‘a change would become 2.5 percent. Most worked out for OMB. cataclysmic clash between the generations They calculated that, if current policies economists think the consumer price index— when Social Security begins running out in continue, future generations will face ‘‘net used to adjust tax brackets and spending for the next century.’’ Yes, just imagine the lifetime tax rates’’ that average 84 percent. Social Security and other programs—over- Gross tax rates—the percentage of their nightmare when we self-centered Baby states inflation, though there’s disagreement pay that members of these generations send Boomers reach retirement age. on how much. Deficit savings (by the year the government—will be even higher. The 2000); $22 billion ($13 billion in lower spend- ‘‘net’’ figures represent the difference be- HERE’S HOW TO BALANCE THE BUDGET ing, $9 billion in higher taxes). tween their taxes and what they’ll receive in (By Robert J. Samuelson) All these spending cuts ($96 billion) and tax transfer payments like Social Security. In 1,000 words, I am going to balance the increases ($59 billion) total $155 billion. But Using more optimistic assumptions about budget. I am going to do it without sweeping lower deficits mean that government would health care spending, the net rate could be 59 reductions in basic services, crippling tax in- borrow less and pay less interest. By the percent to 74 percent. But that’s little com- creases or major cuts in Social Security. The year 2000, the annual interest savings would fort. point of the exercise is to puncture the bi- reach about $40 billion. Total savings: $195 ‘‘Levying such high net tax rates on future partisan myth—the whining by both par- billion. If Clinton’s estimates are accurate, Americans is not only unconscionable, it’s ties—that balancing the budget involves there would be a small surplus and, if not, a also economically unfeasible,’’ wrote staggering sacrifices that would somehow small deficit. Kotlikoff and Auerbach. change the face of America. It doesn’t. But what to do? There are, as the Congres- You will notice the absence of defense cuts. I don’t mean this would be fun. Balancing This is not because the Pentagon has no sional Budget Office has noted, infinite paths the budget does require a ruthless elimi- to a balanced budget—cutting Medicare, waste. But defense has already been sharply nation of marginal or ineffective programs, cut and is still declining; as a share of GDP, freezing spending, raising taxes. ‘‘The real such as farm subsidies. My plan also involves question,’’ write Kotlikoff and Auerbach, ‘‘is it will soon be lower than any time since abolishing some grants to states and local- 1940. I doubt whether further cuts are wise, not whether, but when.’’ Yet, in this dire ities for local services (schools, police, mass emergency, Clinton has proposed a budget though we could improve how well we spend. transit); for example, it is not the federal Nor have I included sweeping cuts in pro- that projects deficits of $1 trillion over the government’s job ‘‘to put 100,000 cops on the next five years. And Republicans, so far, grams for the poor. Before savaging the safe- street.’’ Finally, a sensible budget-balancing ty net, I would want a major debate. But we have been practically silent. plan cannot afford new middle-class hand- Which brings us back to the omission of do not need to wait for that to balance the outs (a k a, ‘‘tax cuts’’) and would impose the generational accounting section from budget. modest tax increases. this year’s budget. Was it cut because of Although I don’t say other cuts couldn’t be Still, most Americans would hardly notice fears it would prove embarrassing? That it made, I do say that this plan involves no the needed changes. Our budget deficits now would turn the spotlight on the deficit-cut- genuine national hardship. Food would be equal 2 to 3 percent of gross domestic prod- ting left undone? grown without farm subsidies. Public broad- uct (GDP), our economy’s output. Almost OMB spokesman Lawrence J. Haas insists casting would survive without federal aid. any mix of spending cuts or tax increases the section wasn’t suppressed. He says it Older Americans would not starve if their would leave the government doing just about wasn’t included in the budget simply because benefits rose 2.5 percent instead of 3 percent. what it does now: taxing and spending about it wasn’t ‘‘in the kind of shape it needed to States and localities would howl about lost 20 percent of GDP. Spreading changes over be in to be printed.’’ He added: ‘‘We have grants; but these equal only one percent to 2 five years—to allow people to adjust—would committed to publishing a paper of some percent of their revenues. And federal taxes? make them even less jarring. sort down the road on long-term issues fac- Well, the tax burden in 2000 would be only I start with Clinton’s deficit projection for ing the nation, of which generational ac- slightly higher (19.5 percent of GDP) than the year 2000; nearly $195 billion. This in- counting will be one issue addressed.’’ now (19.3 percent of GDP in 1995). Most tax cludes $20 billion for middle-class tax cuts; I When that paper is finally presented, I ‘‘increases’’ offset a slow erosion of taxes disregard this and use the $20 billion as a hope it shows that the 84 percent tax rate for under present law. cushion against optimistic estimates. To future generations is only a symptom of the Harder choices do loom for the future. The real disease—which is the spectacular, but balance the budget, I would do the following. (All deficit savings are annual and are culled retirement of the baby boom, beginning largely unnoticed, disparity of wealth that’s about 2010, will require either steep tax in- developed between the young and the old in from documents of the Office of Management and Budget and the Congressional Budget Of- creases or benefit cuts. In my view, retire- America. ment ages need to be raised over the next 20 Consider, for example, what Capital Re- fice.) End outdated or marginal programs: Get years; benefits for affluent elderly need to be search Associates recently discovered about trimmed. Somehow, Medicare will have to be households with incomes of $30,000 or more: rid of farm subsidies (including the Farmers Home Administration), culture subsidies reformed; doctor and hospital fees cannot be Families headed by a person aged 35 to 44 cut forever. But these steps require ample had an average net worth of $66,000 while (public broadcasting, the arts and human- ities endowments), Amtrak, the Small Busi- advance warning and do not involve today’s those headed by a person 65 to 74 had $222,000. budget deficits. Eliminate real estate and the disparities ness Administration and Cold War propa- are even greater. The net financial assets of ganda agencies. Deficit savings: $16 billion. On these, Republicans and Democrats talk a family headed by someone under age 45 End some subsidies for local governments: differently but behave similarly; both act as averaged less than $8,000 while those of a Community Development Block Grants if the process would involve gut-wrenching family headed by someone over 65 averaged should be axed; so should subsidies for mass changes. Democrats (led by Clinton) won’t more than $77,000. transit, ‘‘special education’’ and ‘‘local im- say how they’d balance the budget—now or But, even though the old are richer than pact’’ school aid. Ditto for law enforcement ever. Mostly, they peddle false rhetoric the young, it’s the old who receive the gov- grants. Deficit savings: $15 billion. about the harsh cuts in Social Security or ernment benefits. ‘‘There has been a huge re- End inept programs: Federal job training Medicare that would be needed for balance. distribution’’ over the past 30 years, says programs don’t do much good; the Clinton Meanwhile, most Republicans hide behind Kotlikoff. And that shift in wealth helps ex- administration admits as much by proposing the constitutional balanced budget amend- plain why the U.S. personal savings rate has to end most existing programs and use the ment. fallen from 6.1 percent in the 1970s to a dan- savings for training ‘‘vouchers.’’ Just end the The press has adopted the same attitude, gerously low 3.9 percent in the 1990s. programs. Deficit savings: $12 billion. treating a balanced budget as a feat beyond As Nobel prize-winning economist Franco Trim Medicare and Medicaid: Reimburse- mortals. All programs are considered perma- Modigliani demonstrated with his life-cycle ment rates for doctors, hospitals and labora- nent. Any spending cut or tax increase is

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2945 seen as political suicide. Genuine debate earned entitlements. Let me repeat ment programs for vets that are suf- about government’s role or competence is that—earned entitlements. These are fering from posttraumatic stress syn- thought naive. The supposed horror of deficit not mere gifts to be given or with- drome. reduction rationalizes inaction and creates a drawn or curtailed at the whim of the I have to say, I read the poem from self-fulfilling prophecy. Congress, but entitlements earned with this 13-year-old girl about her dad. She Mr. SIMPSON. Mr. President, the the blood and the sweat and the tears lives in Glenwood, MN. There are some balanced budget amendment is not a of American service men and women, veterans out there who served this Na- threat to veterans and their benefits. as well as with the anguish and the tion who, as a matter of fact, right now In fact, the balanced budget amend- pain and the tears of their loved ones. are not receiving the kind of support ment may be the last and best oppor- These service-connected programs for they really need. These are just unmet tunity we will have to protect the fu- veterans and their survivors run the human needs that cry out, I think, for ture economy upon which those bene- gamut from compensation to injured assistance. These are men and women fits will depend. veterans to health care for service-con- who served the country, and they de- For that reason, for veterans, and for nected injuries to vocational rehabili- serve the support. veterans’ children, and for the grand- tation to burial allowances for those So when Senator ROCKEFELLER pro- children of veterans, I urge my col- who die from service-connected condi- poses this amendment that there leagues to join me in protecting the in- tions. should not be cuts in needed service- tegrity of the balanced budget amend- I want to speak to one particular connected programs, I am thinking ment by opposing the well intentioned, group of veterans I feel very close to. that the existing programs right now but counterproductive, amendment of By the way, when I hear the Senator do not meet the need. This is, if you my friend from West Virginia from Wyoming—and I have no doubts will, a very personal issue for me. It is The PRESIDING OFFICER. The time about his commitment to the veterans to obtain more assistance for these vet- of the Senator has expired. in this country, no doubt whatsoever. erans that are dealing with PTSS. Mr. SIMPSON. What is the situation This is one of those debates where peo- Yet, we are talking about the poten- with regard to time? ple honorably just have a different per- tial of all sorts of deep cuts. We know The PRESIDING OFFICER. The Sen- spective. that. One more time. Let me give con- ator from West Virginia controls 14 Mr. President, I received a poem that text. We are talking about $1.3 trillion minutes and 42 seconds. The time con- I would like to read from a 13-year-old worth of cuts. We are going to increase trolled by the Senator from Utah has daughter of a Vietnam veteran suf- the Pentagon budget. We have not expired. fering from PTSD, Post Traumatic talked about decreasing it. We have Mr. SIMPSON. All time has expired? Stress Disorder. I wish every citizen in not talked about decreasing military The PRESIDING OFFICER. There the country knew what it was: contractors. In addition, we are going was originally 30 minutes; and 1 hour. For someone to share to pay the interest on the debt. We The Senator from West Virginia is Is only to care. have this bidding war to cut taxes recognized. He was in the war when we say we are for more deficit re- Mr. ROCKEFELLER. Mr. President, I And never opens his door. duction. will yield 10 minutes to the Senator He lives in a shell Senator FEINGOLD and I had an from Minnesota. And that must be like hell. amendment last week on the floor that The PRESIDING OFFICER. The Sen- He used to be my dad said at least consider $425 billion of tax But now he looks so sad. ator from Minnesota is recognized. expenditures. These loopholes and de- Mr. WELLSTONE. Mr. President, I If only he knew It makes me feel blue. ductions quite often are dodges when it rise to support this amendment pro- I know he loves me gets down to the question of how we posed by Senator ROCKEFELLER from Why won’t he hug me. are going to balance the budget. That West Virginia, which would protect the My mom says ‘‘he’s numb.’’ was voted down. We do not lay out service-connected benefits received by What will I become where we are going to make the cuts. our Nation’s 2.2 million veterans from Without my father to guide me. So once you see what is off the table cuts that might be required—or may be I say to my colleague from Wyoming, and then you see what is left, we know required in the balanced budget amend- this was not a poem written in opposi- there are going to be some deep cuts in ment. We have been hearing a lot about tion to the balanced budget amend- veterans programs. contracts, contracts with America, but ment. This was not a poem written in That, I believe, is the importance of we have not heard that much about behalf of the amendment proposed by this amendment of the Senator from what is, I think, an irrevocable con- the Senator from West Virginia. I do West Virginia. That is why I rise to the tract with America’s veterans who not want to decontextualize this poem, floor to support this amendment. have often, all too often, risked their but it was one of those moments we I really believe that we would be lives for our country. have as Senators that we just do not making a terrible mistake if we made Abraham Lincoln, with his char- forget. cuts in these service-connected pro- acteristic eloquence, laid out the term We have veterans calling in all the grams, especially when we can make a of this contract with America. It was time—this is not an exaggeration—es- lot of cuts and balance the budget in a 130 years ago when he spoke of our ob- pecially veterans who are suffering whole lot of other ways. In the sense of ligation: ‘‘to care for him who shall from PTSD. All the time we get calls holding us accountable with an amend- have borne the battle and for his widow from veterans saying ‘‘I do not have a ment like this, I believe we are going and for his orphan.’’ place to stay. I am living in the to go back on a very sacred promise I might add that President Lincoln streets.’’ They suffer from PTSD and that was made to veterans in this did not say that this was an obligation they are not receiving the support, country and veterans in the State of that would or could be subordinated to they are not receiving the help. Vet- Minnesota. our need to balance the budget. When erans who call, ‘‘I am going to blow my I thank the Senator for his amend- Americans from all walks of life have head off. I am going to take my life.’’ ment. I am very pleased to be an origi- periodically volunteered to serve our They are not receiving the support, the nal cosponsor. I certainly hope the U.S. Nation, no one ever told them that if assistance they need. Veterans who Senate will vote for it. they were injured or disabled or they call suffering from PTSD who say, ‘‘I Mr. ROCKEFELLER. I thank the died that their survivors could count have these flashbacks and violent Senator from Minnesota for coming to on Government assistance only if that thoughts and I feel like I am going to the floor and speaking the truth. funding was not needed to balance the kill someone.’’ They are not receiving Mr. WELLSTONE. Might I ask my budget. That is what is so important the support that they need. colleague for a moment? I ask unani- about this amendment proposed by the I was at the VA medical center in mous consent that the poem from the Senator from West Virginia. Minneapolis on Sunday. We were able 13-year-old daughter of a Vietnam vet Let there be no mistake about it. to obtain several hundred thousand suffering from posttraumatic stress What this amendment addresses is dollars more for some additional treat- syndrome be printed in the RECORD.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2946 CONGRESSIONAL RECORD — SENATE February 22, 1995 There being no objection, the mate- dropped a message from headquarters that Mr. President, I notice the presence rial was ordered to be printed in the said, ‘‘Destroy everything and get out on of the Democratic leader on the floor. I RECORD, as follows: foot, if you can. The Germans have you sur- will address a question to the Demo- rounded.’’ After taking the message to the cratic leader. Would he care to pro- For someone to share outpost, I tried to get out of the area on foot Is only to care. but I never made it because I got pinned ceed? I know he wanted to say some- He was in the war down by dive bombers. I laid down in a slit thing on this amendment. And never opens his door. trench and a 500-pound bomb exploded very Mr. DASCHLE. Yes. He lives in a shell close to me and pushed an enormous amount And that must be like hell. of dirt all over me. The PRESIDING OFFICER. The mi- He used to be my dad nority leader is recognized. But now he looks so sad. Ezra goes on to say that a German If only he knew tank rolled right over that slit trench Mr. DASCHLE. Mr. President, let me It makes me feel blue. now filled by dirt and by Ezra, and commend the distinguished Senator I know he loves me after it passed, he got up and found from West Virginia and thank him for Why won’t he hug me. himself looking into the barrel of a the leadership he has exhibited on this My mom says ‘‘he’s numb.’’ German rifle. Ezra spent the next 2 issue. I rise in support of his amend- What will I become ment and urge my colleagues to sup- Without my father to guide me. years, 3 months, and 27 days as a pris- oner of war. During that time he lived port it when it comes up for a vote Mr. WELLSTONE. I thank my col- in five different prison camps, one of later this evening. league. which was called Dachau. At one point, Mr. President, earlier in this debate Mr. ROCKEFELLER. Mr. President, he and his fellow prisoners traveled in on the balanced budget amendment, I the Democratic leader is about to come boxcars. We have heard about those offered a proposal called the right-to- onto the floor. So I will not get started things, have we not? The boxcars, Mr. on a number of things that I have to know amendment. That measure would talk about. But I note that the Senator President, should have held only 40 have required Congress to spell out from Wyoming, my good friend, Sen- men. The Germans crammed 84 POW’s how it would get to a balanced budget and Ezra into a boxcar, and they rode before sending the amendment to the ator SIMPSON, mentioned that the Par- alyzed Veterans spoke out against this like that for 4 days and 3 nights. They States for ratification. amendment, which is something that had to remain standing because they I offered my proposal so that the saddened me very much. They wanted were packed in there so tightly that American people would understand the all veterans included. So did I. They they were unable to move. Ezra called kinds of cuts in Federal spending that want all their members included. They it ‘‘pitiful.’’ He said they could hear will be needed to zero out the deficit. the planes passing overhead, but had have 16,000 members of Paralyzed Vet- But the Republican majority rejected erans nationwide. Their chapter in no idea whose they were or what was happening. my proposal. In doing so, they indi- West Virginia actually does not agree cated that everything except Social Se- When Ezra enlisted in the Army, he with them. The head of the West Vir- curity would be on the table. ginia chapter is non service disabled, in was in his early twenties. He stood 5 a wheelchair. He said that he did not feet 11 inches tall and he weighed 174 Let us be clear: Everything except agree with his national organization’s pounds. When he was freed, he weighed Social Security includes the benefits position, that he wanted me to do less than 90 pounds. Yet, he remained that are paid to veterans who were dis- whatever I could to preserve veterans in the military, and he went on to fight abled as a result of their military serv- benefits. in Korea. ice. On the other hand, let’s turn to the For the last 2 years, Ezra has made There are currently 2.2 million Amer- Disabled American Veterans (DAV). his home at the West Virginia Veterans ican veterans with service-connected They represent 1.4 million veterans, Home in Barboursville, something I disabilities. They are men and women and DAV very much supports the started when I was Governor. He tells from all walks of life with all kinds of amendment. me that he loves living there, and I as injuries. But they all have one thing in Mr. President, last week was Valen- a Senator and as his friend am de- common—they were injured while serv- tine’s Day. That is a day, of course, we lighted that Barboursville is there for ing our Nation in the Armed Forces. remember to set aside for those we Ezra and the many deserving veterans When they joined the service, they love. Valentine’s Day has another like him. meaning altogether for a certain West made a simple pact with the Federal But I want to make a very important Government. Their part of the bargain Virginia veteran who served in World point that I think cannot be over- War II through the Korean war. He is a was to defend this Nation and protect looked. One would expect that our Gov- its national interests. In return, the friend of mine, Ezra Miller. I want to ernment is paying a sizable benefit to talk about him. Government promised to care for them Ezra, I would think a large one, and should they be injured during their It was on Valentine’s Day, in fact, in the others like him who were prisoners 1943 that Ezra Miller was captured by military service—or for their survivors of war. No, not so. Ezra Miller is only the Germans and began his own private should they be killed. 10 percent ‘‘service-connected.’’ That is war, which was a private war to sur- the terminology for it. That means his This commitment to our veterans is vive. Ezra grew up on a farm in Lincoln monthly check to compensate him for one which our Nation must uphold. County, WV. That is a rural county. injuries he received during his military It is a commitment that we have Like so many of our mountaineers, he upheld for decades. It is a commitment never hesitated when he thought that service—do you know how much per that goes back virtually to the very his country needed him. month? Eighty-seven bucks. foundation of this country. And we Before the bombing of Pearl Harbor, If we pass this balanced budget have renewed this commitment after Ezra had enlisted in the Army. In early amendment and we do not pass this each conflict, to each new group of vet- 1943, Ezra found himself close to the amendment to it, and we take 30 per- erans. This commitment has withstood front lines in North Africa. His unit’s cent of that, Ezra will receive 61 bucks mission was to go ahead as foot sol- per month. Are we going to tell Ezra the test of time, and it has withstood diers, and blow up a pass that would that it is his time to sacrifice again, the many forces that have sought to prevent the Germans from entering for him to pull in his belt? He is back erode our firm promise to those who into North Africa. He got this assign- up to over 90 pounds again. Not this have defended this Nation so gallantly ment on the 2d day in combat. His de- Senator from West Virginia, not me. on so many occasions throughout our scription of the event goes like this. Our country had almost 150,000 Amer- history. This is one of the men that we will be icans who were captured and interned The amendment offered by my friend protecting. from World War I through the Persian Senator ROCKEFELLER, the ranking He said: Gulf war. Can we ask our POW’s to member of the Veterans’ Affairs Com- On that day, a small American observation take a cut in benefits, our prisoners of mittee, is simple and straightforward. plane flew over our gun emplacements and war? It says that Congress cannot cut the

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2947 benefits that were promised to our dis- Clearly the Rockefeller amendment Disabled veterans, often times, our abled veterans in order to balance the is difficult to vote against. But in lis- most vulnerable citizens who barely budget. tening to the debate, I believe strongly live above the poverty level would ex- I know my colleagues on the other that the very arguments made by the perience the greatest impact. The bal- side of the aisle will argue that this proponents of this amendment are ex- anced budget amendment would result amendment is not necessary. They will actly those that will insulate veterans in dramatic decreases in health care say that Congress would never cut disability benefits from future budget service and financial assistance to our these benefits, and indeed I hope that cuts. service-connected disabled veterans. is true. I am certain that every Senator in This would result in many disabled vet- But I say to the American people— this body would put veterans’ dis- erans and their survivors to live below and to our veterans—how can we be so ability benefits high on the list of ex- the poverty level. Those who were sure? penditures to be protected. But if we wounded defending our Nation deserve How can we be sure that these bene- are serious about passing a meaningful better treatment—they deserve our ap- fits will be protected if we do not spell balanced budget amendment, then we preciation and support. We should not it out in the amendment itself? How must reject efforts to dismantle that can we be sure if we are not willing to be taking away their service-connected effort through piecemeal exclusions of benefits in their time of need. put our intentions in writing? The only programs, however worthy they may way we can be sure is if we are willing be. We need to balance our budget, how- to put in writing, in the amendment When it comes to the annual appro- ever, I do not believe we need a bal- itself, our determination to protect priations process, of which I am an ac- anced budget amendment to do so. We service-connected veterans from the tive participant as a member of the must make difficult policy decisions to budget axe. We must spell out that we Senate Appropriations Committee, I reduce our spending and eliminate our will honor the commitment we made to will be at the front of the line to pro- deficit. We should not do so on the the men and women who risked and tect veterans’ disability benefits. But backs of our Nation’s service-connected gave their lives for this Nation. as a supporter of the balanced budget veterans. The disability compensation pay- amendment, I must object to this ex- ments and the health care we provide As a cosponsor, I urge my colleagues clusion. to support the Rockefeller amendment. to these veterans can never make them Mr. AKAKA. Mr. President, I rise in Mr. ROCKEFELLER addressed the whole again. But it can help take care support of the amendment offered by Chair. of them in their time of need, just as the Senator from West Virginia which they answered the call when this Na- seeks to protect our Nation’s veterans The PRESIDING OFFICER. The Sen- tion needed them. from the cataclysmic impact of the ator from West Virginia. Veterans should not be asked to give up the benefits they so rightly deserve balanced budget amendment. Mr. ROCKEFELLER. I ask unani- The bill currently under consider- in the name of deficit reduction. mous consent to have printed a letter I They have sacrificed enough for this ation requires the Federal budget to be referred to from the Disabled American Nation already. balanced each year, beginning in the Veterans. I certainly hope that my colleagues year 2002. If Congress is unable to bal- ance the budget each year, across-the- There being no objection, the letter will appreciate this commitment to was ordered to be printed in the our veterans and will agree to put into board cuts would probably be imple- RECORD, as follows: writing what we all say we want: pro- mented to meet this balanced budget tection for disabled veterans at a time mandate. If this occurs, veterans pro- DISABLED AMERICAN VETERANS, NATIONAL SERVICE AND LEGISLATIVE when they need it the most. We need to grams, especially the Veterans Admin- istration [VA] health care programs, HEADQUARTERS support the Rockfeller amendment. Washington, DC, February 16, 1995. would be decimated. I yield the floor. Hon. JOHN D. (JAY) ROCKEFELLER IV, Mr. KOHL. Mr. President, I greatly On October 6, 1994, Secretary of Vet- U.S. Senate, Hart Senate Office Building, appreciate the comments made on this erans Affairs Jesse Brown testified Washington, DC. that an across-the-board cut in vet- amendment by my friend, the Senator DEAR SENATOR ROCKEFELLER: On behalf of from West Virginia, regarding the ex- erans programs would result in a de- the more than 1.4 million members of the treme importance of benefits for vet- crease of 44,000 VA medical personnel. Disabled American Veteran (DAV) and its erans with service-connected disabil- In addition, 250,000 veterans could no Women’s Auxiliary, I take this opportunity ities. I could not agree more. longer be treated at VA hospitals, 5.4 to thank you for your efforts to protect the I have heard the compelling argu- million outpatient visits could not be VA benefits and services provided to our na- ments that veterans with service-con- provided, and many of the VA medical tion’s 2.5 million service-connected disabled nected disabilities are the most deserv- facilities would have to be shut down. veterans, their dependents and survivors ing and most honorable population in Other programs, including treatment from additional cuts. our society. Again, I could not agree of Persian Gulf veterans and veterans While we in the DAV certainly understand more. These citizens have served their with PTSD, would not be receiving the the need to balance our nation’s budget, we Nation, and have served well. level of quality care they currently re- do not support doing so on the backs of However, I must respectfully disagree ceive. Thousands of veterans who are America’s service-connected disabled vet- erans and their families. As you know, the with the notion that we should exclude leaving the services due to the reduc- Omnibus Budget Reconciliation Acts of 1990 these benefits from the strictures of tions and budgetary cut-backs would and 1993 alone cut VA benefits and services the balanced budget amendment. not be able to receive transitional serv- by nearly $7 billion. In addition, the budget Mr. President, I am committed to the ices, which have been successful in in- recently sent to Congress by President Clin- concept of the balanced budget amend- tegrating our Nation’s veterans back ton proposes to cut veterans’ benefits by an ment. I am committed to the idea that into the civilian work force. additional $3 billion to the year 2000. the financial security of this Nation More importantly, however, is the Senator Rockefeller, we believe all vet- rests on the ability of the Federal Gov- devastating impact the effects of the erans benefits and services deserve the high- ernment to curb the practice of spend- balanced budget amendment would est priority in this country and should be ing beyond its means. In reviewing the have on our Nation’s service-connected protected from further cuts. Inasmuch as fiscal history of this Nation over the disabled veterans. Over 2,000 VA per- your amendment to H.J. Res. 1 protects the past 25 years, it has become clear to me sonnel, who counsel veterans and proc- benefits of those veterans who became dis- abled during service in this nation’s mili- that the will to exercise the necessary ess claims, including service-connected tary, we fully support it. spending restraint does not exist with- disabilities and pensions, would have to in this body without a strict require- be terminated. The current claims Again, thank you for your continued ef- forts to protect the benefits earned by our ment that we do so. I believe that the backlog will only escalate without re- nation’s service-connected disabled veterans. balanced budget amendment provides sources, which will directly impact the Sincerely, such a framework, and that is why I service-connected benefits entitled to DONALD A. SIOSS, support it. our disabled veterans. National Commander.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2948 CONGRESSIONAL RECORD — SENATE February 22, 1995 Mr. ROCKEFELLER. Mr. President, years have been because of what Ray- Mr. HATCH addressed the Chair. am I going to have to tell approxi- mond has gone through. The PRESIDING OFFICER. The Sen- mately 21,000 service-connected vet- Now, as a 70-percent service-con- ator from Utah. erans and their dependents who receive nected veteran, this man, who has vir- Mr. HATCH. Mr. President, I move to benefits in my State of West Virginia tually had no life of his own for so table the amendment and I ask for the that the promises made to them will no many years, receives $915 a month from yeas and nays. longer be kept, that the amount of what we are talking about here, serv- The PRESIDING OFFICER. Is there a money they are receiving for their in- ice-connected disability—$915 a month. sufficient second? There is a sufficient juries received while dutifully serving Without my amendment being adopt- second. their country, or the survivors’ bene- ed, Raymond and his wife, June, will The yeas and nays were ordered. fits they are receiving, because they see their check drop from $915 a month The PRESIDING OFFICER. The lost their husband or their father, will to $614 a month. That is called below question is on agreeing to the motion be cut by 30 percent? poverty. of the Senator from Utah [Mr. HATCH], Zeke Trupo, in my home State of George Zutaut is a 100-percent serv- to table the amendment of the Senator West Virginia, would be a good ref- ice-connected veteran—100 percent— from West Virginia [Mr. ROCKEFELLER]. erence for us today and I advise my who lives in Beckley, West Virginia. The yeas and nays have been ordered colleagues on the floor, particularly as George is an Air Force veteran who and the clerk will call the roll. we celebrate the 50th anniversary of served in Vietnam. His company would The bill clerk called the roll. Iwo Jima. fly in and out of Viet Nam repairing Mr. LOTT. I announce that the Sen- Zeke, a Marine, had been wounded our C–130’s, which were our cargo ator from Missouri [Mr. BOND], the once, treated and returned to his bat- planes. Senator from Oregon [Mr. HATFIELD], talion just in time to make the Iwo George has multiple sclerosis. He has and the Senator from Oklahoma [Mr. Jima landing. And engaged in one of been in a wheelchair now for almost 20 INHOFE] are necessarily absent. the best known battles of World War II. years. He tells me he does not know I further announce that, if present Zeke describes the battle much like how he would have made it without the and voting, the Senator from Oregon this: It was around the clock combat services he received from VA. [Mr. HATFIELD] would vote ‘‘yea.’’ with flamethrowers, K-bar knives and George receives a service-connected Mr. FORD. I announce that the Sen- trenching tools when the ever-present compensation check that allowed him ator from Alabama [Mr. HEFLIN] and sand jammed the rifles. It was pitching to raise his family—it is one way you the Senator from Louisiana [Mr. JOHN- grenades and point-blank artillery fire pay back a debt—and he got help under STON] are necessarily absent. and sometimes even using the dead for the adaptive housing benefit in the VA The PRESIDING OFFICER. Are there cover. That is what he said. that enabled him to adapt his home— any other Senators in the Chamber He was wounded in the face, in the he has to have adaptive housing help— who desire to vote? hands, arms and legs. He said he was so he could continue to live there, be- The result was announced—yeas 62, scared to death. He thinks about his cause of his wheelchair, and continue nays 33, as follows: buddies who did not make it. This his life in spite of his disability. [Rollcall Vote No. 76 Leg.] World War II U.S. Marine veteran from What are we going to do about those YEAS—62 West Virginia, who earned two purple benefits, Mr. President? Going to cut Abraham Graham McConnell hearts, Zeke Trupo, as a service-con- them, too. Ashcroft Gramm Murkowski nected veteran, is receiving compensa- Mr. President I must remind every- Bennett Grams Nickles tion for his injuries. He injured four body that the benefits a service-con- Brown Grassley Nunn parts of his body, but he is rated 10-per- nected veteran is receiving is some- Burns Gregg Packwood Campbell Harkin Pressler cent service-connected. He is a good ex- thing that he or she is receiving to Chafee Hatch Robb ample of one of those service-connected compensate—that is the key word— Coats Helms Roth Cochran Hollings veterans whose compensation some compensate—for an injury received. It Santorum Cohen Hutchison Shelby think we should stop. is payback, as promised. Coverdell Jeffords Raymond LaPointe lives in I yield the floor and yield the re- Craig Kassebaum Simon D’Amato Kempthorne Simpson Mannington, West Virginia. He is a 70 mainder of my time. Smith percent service-connected veteran. DeWine Kerrey Mr. HATCH addressed the Chair. Dole Kohl Snowe Raymond served in the army, entered The PRESIDING OFFICER. The Sen- Domenici Kyl Specter the service in the late 1940’s, was sent ator from Utah. Exon Lieberman Stevens to the Pacific to help with cleanup Mr. HATCH. Mr. President, I move to Faircloth Lott Thomas Feingold Lugar Thompson after the war. He recalls searching table the Senator’s amendment. Frist Mack Thurmond caves for Japanese, who as you may re- Mr. SIMPSON. Mr. President, may I Gorton McCain Warner ask a question, please? member, many of them did not know NAYS—33 that the war was over. Mr. HATCH. I withdraw my motion. Akaka Daschle Levin So it may have been after the war The PRESIDING OFFICER. The Sen- Baucus Dodd Mikulski but was it? He then went on to Korea, ator from Wyoming is recognized for an Biden Dorgan Moseley-Braun where he was a combat veteran, earn- inquiry. Bingaman Feinstein Moynihan ing a Purple Heart, two Bronze Stars Mr. SIMPSON. Mr. President, I won- Boxer Ford Murray Bradley Glenn Pell for valor and the Distinguished Service der if I might direct it to the Senator Breaux Inouye Pryor Cross. from West Virginia, through the Chair. Bryan Kennedy Reid Today, Raymond is not living out a If this amendment should be adopted, Bumpers Kerry Rockefeller happy-go-lucky life in Mannington, will my friend, the Senator from West Byrd Lautenberg Sarbanes Conrad Leahy Wellstone West Virginia. He has PTSD, post trau- Virginia, vote for the balanced budget matic stress disorder, one of the worse amendment? NOT VOTING—5 things that can happen to any human Mr. ROCKEFELLER. My record has Bond Heflin Johnston being, and he has it. He just recently been very clear from the very begin- Hatfield Inhofe returned home from the hospital where ning that I oppose the balanced budget So the motion to table the amend- he had been for 63 days for the treat- amendment for a lot of reasons, of ment (No. 306) was agreed to. ment of PTSD. which my concern for veterans is a Mr. SIMPSON. Mr. President, I move He is unable to work. He cannot be main one. to reconsider the vote by which the left alone for any extended period of I have no illusions as to what is motion was agreed to. time. He has intrusive recollections, he going to happen to this amendment Mr. ROCKEFELLER. I move to lay has nightmares, and he is considerably and neither does the chairman of my that motion on the table. angry and focuses his anger on the war. committee, on which I am the Ranking The motion to lay on the table was His wife and grown children can readily Member. My good friend ALAN SIMPSON agreed to. explain how turbulent and sad the past knows what is going to happen to this. Mr. DORGAN addressed the Chair.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2949 The PRESIDING OFFICER. The Sen- their own views. Some people strongly should be subject to the approval of the ator from North Dakota. believe in dynamic scoring and want to full House and Senate. Let us go ahead MOTION TO REFER see it used. and have a vote on it. I am going to Mr. DORGAN. Mr. President, I have a I recall the discussion back in the offer an amendment that will provide motion at the desk. early 1980’s about dynamic scoring. for that kind of process. I intend to The PRESIDING OFFICER. The They say if we do the following several offer that amendment to the very next clerk will report the motion. things, it will produce various kinds of legislative bill that comes to the floor The assistant legislative clerk read incentives that will lead to other re- of the Senate. as follows: sults. For example, if you cut the tax I hope very much that the majority The Senator from North Dakota [Mr. DOR- rates, you will, in fact, increase the tax will withhold the appointment of Pro- GAN] moves to refer H. J. Res. 1 to the Budg- yield. fessor O’Neill and let the House and the et Committee with instructions to report That is dynamic scoring. They pro- Senate express their will on this ap- back forthwith H. J. Res. 1 in status quo, and duced the Laffer curve and a whole se- pointment. at the earliest date possible report to the ries of things to describe what the dy- Senate a report containing the following Now, I understand that many people text: namic scoring meant. have very strong feelings about this. Pursuant to section 201(a)(2) of the Con- Well, Prof. June O’Neill is someone Some people think Professor O’Neill is gressional Budget Act, the Committee on the who has been designated now as the exactly the right person for this job. Budget recommends that the President pro person they want to head the Congres- That may be the case. I do not know. I tempore of the Senate and the Speaker of sional Budget Office. My ears perked do know this, that we have had plenty the House of Representatives do not appoint up when I heard the discussion about a Director of the Congressional Budget Of- of debate around here by people who the appointment. The discussion in say we are going to change things down fice for the term expiring January 3, 1999, news reports indicated that Prof. until the Senate and House have had an op- at CBO. ‘‘No more of this static scoring portunity to consider legislation amending O’Neill tried to be diplomatic on the nonsense,’’ people have said. ‘‘We are section 201 of the Congressional Budget Act question of dynamic scorekeeping. She going to get somebody in there who to require that the Director be appointed by said, ‘‘I expect I will be dynamic when sees this the way we see it. We want concurrent resolution of the Senate and that’s called for and static when that’s somebody who scores it our way.’’ House. called for.’’ And then the chairman of Well, I do not know whether this is a Mr. DORGAN. Mr. President, for my the House Budget Committee jumped candidate who would do that. If she is, colleagues’ information, I shall discuss in and said, ‘‘I think it’s fair to say we I would be greatly concerned. If she is this motion and then withdraw the mo- would not have selected somebody who not a dynamic scorer, maybe we have tion. I intend to offer this as an amend- is in concurrence with everything more discussion about it and maybe ev- ment on the next piece of legislation that’s been done up until now. I’m per- erybody is comfortable, and that is just that comes to the floor of the Senate sonally comfortable,’’ the chairman of fine. But my point is that it is not just following the disposition of the con- the House Budget Committee said, fine the way it rests now because I do stitutional amendment to balance the ‘‘with the fact that June O’Neill will not think this process has produced a budget. But I do wish to speak about it begin to upgrade the models within consensus among people who should de- for a few moments, and I am pleased to CBO.’’ velop a consensus on this on both sides see the chairman of the Budget Com- The point is, he said, ‘‘I wouldn’t of the political aisle. have selected somebody who is in con- mittee is on the floor. So that is why I raise this issue I want to make a couple of comments currence with everything that’s been today. This is not just some other old, about the appointment of a Director done up until now.’’ ordinary appointment. This is the se- for the Congressional Budget Office. I happen to know that on the House lection of a referee. I want that referee Let me state again, as I have stated side at least the ranking minority to have the respect of everyone in the several times, my comments are not member of the Budget Committee had House and the Senate. I want that ref- comments that are directed to the ca- a chance to visit with Professor O’Neill eree to be someone in whose judgments pabilities of Prof. June O’Neill, who the afternoon following the morning the full Senate can have confidence. has been announced by the chairmen of that her selection was announced by We need to know that a CBO Director’s the two Budget Committees as their the chairman of that Budget Com- judgment will be impartial, and that recommendation for the post of Direc- mittee. the judgment is not biased due to some tor of the Congressional Budget Office. Well, we have in the past selected My concern is about the process. I do Alice Rivlin. We have selected Rudy notion about how one side or the other not know much about Professor Penner. We have selected Bob in this Congress will be affected by the O’Neill, but at least from what I under- Reischauer. Generally speaking, the decision coming from CBO. stand about this process, it is not in appointment process has been a con- I think most of us believe that has keeping with the process that has been sultative process; it has been a bipar- been the case with the past several Di- used in the past. tisan selection process in which each rectors of the Congressional Budget Of- Frankly, this is an extraordinarily side respects the other’s judgment fice. I hope it will be the case with the important appointment. The person se- about these things. next several Budget Directors. But I do lected to head the Congressional Budg- I have seen the letter in which the not have confidence that is the case et Office, in effect, becomes a referee minority members on the Senate side now, given the lack of consultation on a whole range of important eco- indicated they felt that the Budget during this appointment process. nomic and budget issues that are pre- Committee should seek additional ap- Again, my hope is that we will not pro- sented to the floor of the Senate and plicants before reaching a decision. ceed with this appointment until I the House. We know from having seen So my point is not that this person is have an opportunity on the next piece many statements and heard a lot of necessarily the wrong person. My point of legislation to make a change in the discussion, some of it political, some of is this person was selected without process by which the appointment is it policy, that there are people who are wide consultation. I do not know about made. enormously frustrated with the way the Senate as much as I do about the I know my colleague from North Da- things are scored by the Congressional House on the minority side, but I do kota, Senator CONRAD, wishes to speak. Budget Office. know that the minority side in the Let me indicate again I intend to with- Some say if we could just get a Con- other body, the lead minority Member, draw this on this particular measure gressional Budget Office that uses dy- did not get a chance to talk to Pro- because this is not the place to do this, namic scoring rather than static scor- fessor O’Neill until after the announce- and I will offer it on the next legisla- ing, well, then we would have a much ment was made that she was going to tive measure before this body. different set of numbers to work with. be selected. Mr. President, I yield the floor. I understand why people feel that they Well, that is not, in my judgment, Mr. CONRAD addressed the Chair. would like numbers that are more sat- the process that we would like. I per- The PRESIDING OFFICER. The Sen- isfactory to them, that better reflect sonally think that the CBO Director ator from North Dakota.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2950 CONGRESSIONAL RECORD — SENATE February 22, 1995 Mr. CONRAD. Mr. President, I want mately both sides must have con- to be a process, as the law says, that to join Senator DORGAN, my colleague fidence in the judgments made by the results in ‘‘the appointment of a direc- from North Dakota, in raising this Director of the Congressional Budget tor without regard to political affili- issue. I do so because I genuinely be- Office. That is absolutely critical to ation’’ et cetera. The process has bro- lieve that the appointment of the Di- the success of the work that we do ken down. It needs to be a process that rector of the Congressional Budget Of- here. engenders trust on both sides that this fice ought to be a bipartisan under- I have great regard for the chairman person is a fair person. Maybe this per- taking. Both sides need to have con- of the Budget Committee. There are son is but I am just saying the process fidence in the fairness and objectivity very few people who do their homework does not lead us to achieve that result of whoever is the Director of the Con- around here as seriously as the chair- at this point. gressional Budget Office. And it seems man of the Senate Budget Committee. I appreciate the Senator yielding. We sometimes disagree on policy, but I to me the appropriate way to reach a Mr. CONRAD. I just say in conclu- decision is for both sides to have input have never questioned his commitment to fairness. I have never questioned his sion, perhaps this person is fair. I do and both sides to participate in the not know that. But I do know the proc- conclusion as to who should hold that commitment to making certain that both sides are dealt with in an equal ess we have gone through is not an ap- office. propriate process, certainly not in the I serve on the Budget Committee. I and even-handed way. eyes of this Senator. I hope very much serve on the Finance Committee. I Mr. President, I must say, I rise on that we revisit this issue before it is think all of us recognize the critical this matter to say I do have sincere concluded and have a chance to do it in importance the Director of CBO plays. reservations about the way this has a way that will engender respect and We saw last year that Director been handled. I do not think it is some- support on both sides of the aisle. Reischauer, who was put in place when thing that should be repeated, and I the Democrats controlled the House say that whether it is the Democrats I thank the President and yield the and the Senate, disagreed with a cen- who are in control or the Republicans floor. tral part of the President’s presen- in control. With respect to this posi- The PRESIDING OFFICER. The Sen- tation on health care. The President tion I believe both parties ought to ator from New Mexico. have an ability to contribute to the se- believed that should be treated as an Mr. DOMENICI. Mr. President, I will off-budget matter, and the Director of lection of the person named. We have had people of, really, I not take a lot of time. It is late. I say CBO felt differently and ruled dif- think, broad reputation, people who to my good friends, both of the Sen- ferently. It had a significant impact on were held in high regard by both par- ators who have spoken with reference that debate. I personally think Dr. ties in that position since I have been to the selection of Dr. June O’Neill for Reischauer was correct. I told him at here. Dr. Reischauer, Rudy Penner, CBO Director, I greatly respect their the time I thought he had done the Alice Rivlin—all of them came to that opinions. I just happen not to agree right thing by ruling as he did, even position held in high regard, were with them tonight. though it was adverse to the interests taken seriously and I think respected I would like to share with the Senate of a President of my own party. on both sides of the aisle. what this is really all about. First, the And yet I think that is what distin- Mr. DORGAN. Will the Senator yield biggest issues with reference to dy- guishes the Congressional Budget Of- for a moment? namic versus static scoring have come fice for all of us, that we have an abil- Mr. CONRAD. I will be happy to with reference to taxes, for some con- ity to have confidence in the decisions yield. tend that the Republicans intend to of that person, and that person is above Mr. DORGAN. Mr. President, if the pass a capital gains tax and to use partisanship; that person is above Senator will yield to me, my under- some kind of miraculous scoring to weighting the evidence; that person is standing was when you take a look at make it easier to pass it than it would above changing projections for polit- this process you see how unusual it otherwise be from the standpoint of ical purposes. was. On the House side in the Budget Mr. President, when I was in my pre- budgets and fiscal policy. Everybody Committee when they began to have a should understand that the Congres- vious life before I came to the Senate, short discussion on this potential ap- I was the tax commissioner of the sional Budget Office director, whether pointment, and apparently not too far it be Rudy Penner, who was a Repub- State of North Dakota. In that posi- into the discussion, a Member of the tion, I had a responsibility for esti- lican when the Republicans controlled, majority party moved the previous or whether it be Dr. Alice Rivlin, when mating the revenues that were under question—which is almost unprece- my administrative direction for the the Democrats controlled, or Dr. dented in the Budget Committee, to Reischauer, when the Democrats con- State of North Dakota. We had one re- move the previous question to cut off quirement in my office, and that was trolled both Houses—in none of those discussion. events, as will be the case for this new we were going to do our level best to So there are a whole series of things director, do they have anything to say make an objective determination as to that are unusual here. I wonder why, about dynamic scoring of taxes. projections for the fiscal types that especially the statement when the were under our control and authority. chairman of the House Budget Com- There was a formal decision made by I am very concerned that Dr. O’Neill, mittee jumps in and says, ‘‘Well, I the Senate and the House of Represent- Professor O’Neill, may be willing to think it would be fair to say that we atives that the estimation of taxes, shade her opinion. And I say that be- would not have selected somebody who both the loss of revenue and the in- cause of the press reports of what is in concurrence with everything that creases in revenue, the extent to which Chairman KASICH indicated he believed has been done up until now.’’ This com- they are dynamic versus static, is to- were commitments that he had from ing from the person who has led the tally within the judgment call of the Professor O’Neill. way here in the last few months talk- Joint Tax Committee. So, No. 1, what- I am also deeply concerned about the ing about the need to change the way ever our friends on the House side process we have gone through here, be- we score. We need to have dynamic say—either for real or in exuberant cause I do not think we have a cir- scoring, we are told. I do not under- state—that they expect the new budget cumstance in which there is a meeting stand what he understands about this director to change the way they have of minds between the two sides. I do nominee because I am not on the Budg- done business, of course I do not have not for one moment take away from et Committee. But this at least says anything to say about what they say. I the majority that they have the lead in something to me that is of interest. I cannot control that. But the truth of this matter. I think they have that ob- just wonder why. Why move the pre- the matter is this new director will ligation and that responsibility. But I vious question when they began a short have nothing to say about dynamic or think there ought to be at least a con- discussion about the subject in the static, with reference to tax changes by currence on the other side, and I be- House Budget Committee? the U.S. Congress in the tax codes of lieve that ought to be the case if my All I am saying is this process some- this country. So I think one must un- party were in control, because ulti- how has broken down, if it is supposed derstand that.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2951 That is just the first few remarks. go look in his or her files. Perhaps they [From the Washington Post, Feb. 17, 1995] Let me make sure the Senate under- did not check, perhaps they do not AN EXCELLENT SKUNK stands, and I greatly appreciate that know. I asked them to please submit we are not going to vote on this issue, suggestions, ideas, concerns they In the 21 years since it was founded to help that Rudy Penner, once this decision might have as to who might be budget Congress take back the power of the purse was made, said: She will be a good di- director for the United States. from the executive branch, the Congressional Budget Office has become among the most rector. I recommend her. The Senate I might state not a single one rec- valuable and widely trusted agencies in the should know that. ommended a single person nor had a government. The trust reflects not just the Bob Reischauer, one of the esteemed single comment to submit to the chair- consistently high quality of its work but current operatives within public serv- man of the committee which I am priv- also its carefully guarded reputation for ice in Washington, DC, when some on ileged to be at this point. independence. The symbols of that independ- the other side started the flap over Dr. I ask unanimous consent it be print- ence have been the agency’s gifted directors, June O’Neill, got ahold of one of the ed in the RECORD. Alice Rivlin, Rudy Penner and Robert Senators on that side—I think it is There being no objection, the letter Reischauer. common knowledge now, and has since was ordered to be printed in the Now Mr. Reischauer is to be succeeded by gotten ahold of a number of them—and RECORD, as follows: June O’Neill, an economics professor at Ber- nard Baruch College in New York who her- said: Nothing is wrong with Dr. June U.S. SENATE, self once served on the CBO staff under Ms. O’Neill. If she is the one being rec- COMMITTEE ON THE BUDGET Washington, DC, November 21, 1994. Rivlin as well as on the staff of the Council ommended she is a competent econo- of Economic Advisers in the Nixon-Ford ad- mist and deserves an opportunity to Hon. ROBERT DOLE, Republican Leader’s Office, ministrations. She has also over the years serve. Washington, DC. been a research associate at both the Brook- Dr. Alice Rivlin contacted the can- DEAR LEADER: CBO Director Bob ings Institution and Urban Institute. It’s a didate, the nominee, and said: I con- Reischauer’s term of office expires on Janu- reassuring appointment. Mrs. O’Neill appears gratulate you. I think you will do a ary 3, 1995. Dr. Reischauer has served Con- to be well within the tradition that it will be good job. gress in a highly professional and non- her responsibility to carry on. The Demo- Just tonight I went to a reception for partisan manner these last six years. Be- crats complaining without any basis that she will toe a Republican line and the Repub- the esteemed Dr. O’Neill, who will be cause of his leadership, CBO has maintained its high degree of professionalism and integ- licans muttering likewise that she won’t toe the budget director of the United it enough should both back off. States—and the Senate can count on rity. I believe we in the Congress, and the country as a whole, owe Dr. Reischauer our Some leading House Republicans had that. That will happen. She will be. At sincere thanks for his years of dedication to threatened just after the election to politi- the reception were two of the liberal- public service. cize the agency. They wanted to use their to-moderate economists, renowned in By statue the Director is appointed by the new majority status to appoint not just a this city for their positions opposite to Speaker of the House and the President pro new director—Mr. Reischauer’s term was ex- many currently serving in the majority tempore of the Senate after considering rec- piring—but one who could be counted upon in the U.S. Congress. And they were ommendations from the Committees on the to switch to a ‘‘dynamic’’ method of scoring there as members of the community of Budget of both the House and Senate. Ac- or estimating the cost of tax cuts. The cording to the law, political affiliation is not charge was that CBO had over the years ex- economists to wish her well. to be considered in the appointment, but by How does this process go? Frankly, I aggerated such costs—and thereby made tax precedent the next Director will be Repub- cuts harder to pass—by failing to allow for have been part of the process for each lican. the revenue the cuts would generate by stim- of the budget directors that have been It is my hope that the Senate Budget Com- ulating the economy. chosen previously, and intimately in- mittee can act quickly to make its rec- ommendation. Dr. Reischauer may continue In fact, it’s a false issue. CBO has tradi- volved in two out of the previous three. tionally allowed for all the stimulative ef- I know on the Senate side there is con- to serve until his successor is appointed. This letter is to invite your recommenda- fects that mainstream economic theory sultation between Democrat and Re- tions for this important position. The Budg- would permit; it just hasn’t been willing to publican, majority and minority— et Committee will establish a Search Com- go beyond, and rightly so. The threat to turn whichever the case may be. In the mittee to review all recommendations, con- the agency into a rubber stamp for policy House they do things differently and I duct appropriate interviews, and come to one that sound analysis might thwart set off do not stand before the Senate and ac- recommendation for the President pro tem- alarms among other Republicans, particu- count for that process. They vote and pore. This entire procedure is being coordi- larly in the Senate. The O’Neill appointment indicates that they prevailed. in that committee they voted after nated with the incoming House Budget Com- mittee Chairman John Kasich. We once wrote about a particular piece of JOHN KASICH, chairman, did some inter- Please forward any recommendations or viewing and concurred with Senator testimony by Mr. Reischauer that CBO’s job, resumes no later than December 9th. Thank and his, was to be the skunk at the congres- DOMENICI on this side, the chairman, you for your cooperation in this important sional picnic. Someone has to be willing that we ought to recommend Dr. June matter. when it is required to spoil the party—to say O’Neill. Sincerely, that no, these things aren’t free, that they I understand some Democrats on that PETE V. DOMENICI can’t be done at no cost or, when the occa- committee voted for Dr. O’Neill. I do Mr. DOMENICI. Second, I suggest the sion arises, that the numbers being put for- not know that, but if a vote occurred I Washington Post, on Friday last, had it ward are really suspect. Mr. Reischauer was think some Democrats did. If I am mis- right. Anybody you select for budget an excellent skunk, as were his Democratic- taken please correct me right now. director, they decide they are going to and Republican-appointed predecessors and Mr. DORGAN. Mr. President, I might as his successor will likely be too. Congress call them all skunks, because they are itself has been the principal beneficiary of say the majority of the Democrats ei- skunks at the lawn party, so as to their disciplined analysis. The good news is ther abstained or voted against her. I speak. They indicated in their editorial that the discipline and benefits both seem believe 4 voted for her, 4 against her, that we once again succeeded for we likely to continue. and most abstained, and they did that have selected another skunk who is not Mr. DOMENICI. I greatly respect the because of the process. going to be beholden to anyone and proposal that the U.S. House and the Mr. DOMENICI. I thank the Senator will most positively, as they view it— U.S. Senate vote in confirmation of the very much for the clarification. But I because of her excellence in economics, Congressional Budget Office in the fu- think my statement was right. It was her being part of that community and ture. not a purely Republican vote, even her reputation therein—that she will though the consultative process is be an excellent overseer to this very But I must say, when it is offered, if much narrower in the House than it is important body. it is offered, I will resist it. It is not be- here. Knowing of the need for consulta- I ask unanimous consent that edi- cause I will be part of choosing very tion and input, let me put in the torial be printed in the RECORD at this many more CBO directors; maybe one RECORD a letter dated November 21, point. more; maybe no more. Who knows? I 1994. This was written by myself to There being no objection, the article frankly do not think an open vote in every Senator. This is a copy of the one was ordered to be printed in the the U.S. House and the U.S. Senate is I sent to the leader. Every Senator can RECORD, as follows: the inviolate way to protect and assure

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2952 CONGRESSIONAL RECORD — SENATE February 22, 1995 impartiality and to assure that there is I respect my fellow Senators on the other side of it, at least in my discus- a neutrality of the type sought by my other side for their feelings. But she is sions with Dr. Reischauer—and I hope colleagues on the other side. In fact, it going to be the CBO director, and she is he will not mind my disclosing that— is one of a number of ways. going to do a good job. That is all I can was as to process. I might submit, while it is part of our tell the Senate in the same kind of sen- We are going to vote on this. We will Constitution for many appointments sitive approach that I have taken in not vote on it this evening. But I in- and nominees, I am not at all sure that the past, whether I was leader of the tend to offer this amendment to the it is even the best way. It is also rid- crew, or whether I was in the minority next bill, and then I intend to ask for dled with opportunities for candidates helping the process along. She will be a a vote because I think in the future, if to lose who should win and nominees good one. we have people who on the one side or who should lose to win. Frankly, I For those who do not like some of other decide they are going to call the think a smaller circle representing the her writings, let me remind the U.S. previous questions and do these kinds entire group might just as well work Senate that every CBO director that of things, then I think those of us who their will and do better for the people we appointed had some writings that believe that we ought to have some- of this country. some Senators did not like. Some were body who ought not have questions So I do not think that I want to too liberal in their writings. Some were about them raised after the fact, we change because we have had excellent too conservative in their writings. ought to have someone who is subject budget directors, and we have not had Some were too supply oriented. But if to a vote of approval by the House and the entire Senate vote on them ever be- we are going to judge them as com- fore. Who would deny that they have the Senate. petent economists schooled in Amer- been good, that they have been impar- So that would be my intention on the ican economics from the best of our tial, and that they are professional? next legislation that comes before the schools managing different jobs—in Not a single one came before the U.S. Senate. I appreciate the indulgence of this case having worked 4 years for the Senate for a confirmation vote to the Senator from Utah. make sure that they were good, that CBO—and then to second guess with I ask unanimous consent to withdraw they were neutral, and that they would reference to whether they are going to the motion that I have previously of- do a good job. be fair or right or prejudiced, I just do fered. Lastly, nobody is truly challenging not think we can work all of that out. The PRESIDING OFFICER (Mr. my reputation here. I thank both Sen- So I regret that I cannot agree with BROWN). Without objection, it is so or- ators for their kind remarks with ref- those who seek to delay this. It will dered. erence to this Senator. But in a sense, not be delayed. It should not be de- So the motion was withdrawn. they have said in this case you did not layed. She will be the CBO director. If Mr. HATCH addressed the Chair. do it very well. I think we did it under she is not already, she will be very, The PRESIDING OFFICER. The Sen- the circumstances very well. Things very soon. ator from Utah. are very different. Things are very dif- I yield the floor. f ferent than they were 6, 8 or 10 years Mr. DORGAN. Mr. President, I intend to withdraw this. Let me make a cou- ago. Clearly, everybody knows that. I MORNING BUSINESS mean when the chairman of the House ple of observations quickly. Budget Committee says at a press con- The Senator from New Mexico is very Mr. HATCH. Mr. President, I ask ference, at which I am with the nomi- able and makes his case aggressively. I unanimous consent that there now be a nee we have both chosen—he chooses to must say that I smiled a bit when he period for the transaction of morning say what he expects, and I choose to reached for the Washington Post for a business with Senators permitted to say what I expect. And we are very dif- measure of support for his position. It speak therein for up to 10 minutes ferent in what we expect. But it surely is not usual to see that coming from each. does not mean that what either of us that side of the aisle. But, nonetheless, The PRESIDING OFFICER. Without expect is what a well-reputed econo- I understood his citation of that edi- objection, it is so ordered. torial. mist is going to do taking on the man- f tle of the predecessors, which is excel- This is different. The Senator from New Mexico will understand and know lence personified. FRED STROBLE: EXCELLENCE IN when I say that we have not chosen a So JOHN KASICH, chairman of the PUBLIC SERVICE House committee, says that he expects CBO director in these circumstances something different out of the budget where you have people calling for a Mr. HOLLINGS. Mr. President, I rise director than past directors, I said I do vote on the previous question in the today to salute Fred Stroble for his 33 not come here to this meeting with the Budget Committee, not having the years of truly exceptional public serv- press expecting anything other than a ranking minority member on the Budg- ice as a law enforcement officer in good job and integrity, honesty and a et Committee even having the oppor- South Carolina—including more than full-faith implementation of your re- tunity to interview the appointee be- 23 years as a deputy marshal with the sponsibility. fore the decision is made. I think any- U.S. Marshals Service in Charleston. So in a sense, if you add to that the body would agree that this process is As the deputy marshal with the long- fact that we interviewed a number of different. est continuous service in South Caro- candidates, that I did not shut out Again, I would have said to the Sen- lina, Fred has been a superb marshal, a Democrats from the interviewing proc- ator from New Mexico that I am not public servant whose career epitomizes ess—in the House they do not let them making a judgment about Professor dedication and loyalty. In all the years interview. Here we did. I regret in this O’Neill. I do not know Professor that I’ve known Fred, he has been kind instance that I did not get the full con- O’Neill. I know economists get in the and helpful to everyone, from hard- currence of Senator EXON of Nebraska, room, and they like each other and working citizens to the prominent peo- the ranking member, but actually the speak well of each other. I am not sur- ple he has protected, such as the Rev- letter that he sent, right at the end in prised. I used to teach a little econom- erend Martin Luther King, the Rev- one sentence at least, acknowledges ics. So the fact that the Senator argues erend Jesse Jackson, former U.N. Am- that perhaps she is a competent econo- that some other economists think well bassador Andrew Young, U.S. Supreme mist, and then suggests we should look of this economist, that probably is not Court Chief Justice William F. at some more. I made a decision that surprising. Reinquist, and Associate Justice looking for some more was not worth- But I must say that I also spoke with Thurgood Marshall. while. I will not divulge all the details. Dr. Reischauer, and he told me the Mr. President, Fred Stroble started But I will tell you it is not very easy same thing the Senator from New Mex- his law enforcement career in January anymore to get people to want to come ico suggested; that his view is that this 1962 in Charleston as a walking patrol- to be interviewed for jobs like this. is a good candidate. I said, ‘‘What do man with the city police department. And I think we ended up with a splen- you think of this process?’’ He said he He came to be known as the nice cop did candidate. I am proud of her. did not think much of the process. The because of his compassion for people

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2953 who didn’t understand the law or hold The economic stabilization package just that. Even with this assistance, it in particularly high esteem. After signed Tuesday by Treasury Secretary Mexico will face difficult economic walking a beat for a year, he was as- Robert Rubin and Mexican Finance choices, many of which could have an signed to the vice squad. In January Minister Guillermo Ortiz actually con- impact upon us. 1964, Fred became the city of Charles- sists of four separate agreements. The I look forward to working with my ton’s and South Carolina’s first Afri- framework agreement sets the overall colleagues and with the administration can-American motorcycle patrolman. terms and conditions for U.S. support. to ensure that Mexico lives up to its A year later, he was promoted to detec- These include commitments on the commitments under this package and tive. In October 1969, he became the part of Mexico to reduce inflation, that broad United States interests con- first African-American deputy sheriff strengthen the peso, and encourage tinue to be served through its imple- for Charleston County. new investment by cutting Govern- mentation. Fred left the sheriff’s department for ment spending, pursuing tight mone- the Marshalls Service in January 1972. tary policy, and raising short-term in- f Since then, he has served with great terest rates. Mexico is also committed distinction and honor. Anybody at the to accelerate structural reforms in the THE QUALIFICATIONS OF PETER Federal courthouse in Charleston will transportation, telecommunications, EDELMAN TO BE A FEDERAL tell you that no matter what has hap- and banking sectors, speed privatiza- JUDGE pened, Fred has been there to help. I, tion, and improve financial trans- like many other leaders and judges parency. Mr. KENNEDY. Mr. President, an un- across South Carolina, am grateful for The Medium-Term Exchange Sta- fair, unfortunate, and negative cam- his dedication over the years. If it were bilization Agreement provides the basis paign of distortions and preposterous not for a requirement that made his re- for currency swap transactions, under character attacks has been under way tirement mandatory, I’m sure Fred which Mexico can exchange pesos for for some time by partisans on the ex- would provide many more years of out- dollars for a period of up to 5 years. treme right to prevent the nomination standing and professional service. The interest rate charged for these of an excellent lawyer, Peter Edelman, Mr. President, Fred Stroble is held in swaps is to cover the U.S. risk for such to the U.S. Court of Appeals for the such high esteem today because of the transactions. District of Columbia Circuit. more than 30 years that he has helped Under the guarantee agreement, the I have known Peter Edelman well for people across South Carolina. I appre- United States will provide guarantees more than three decades, ever since his ciate this opportunity to express my for the issuance of Mexican debt secu- years as an outstanding Senate staff respect and gratitude, and to wish Fred rities with maturities of up to 10 years. member for my brother, Senator Rob- many happy years of retirement, new This portion of the package is intended ert Kennedy. A magna cum laude grad- challenges, and exciting opportunities. to convince investors to lend money to uate of Harvard Law School, Peter served as a law clerk for Judge Henry f Mexico for longer terms at lower inter- est rates, thus alleviating the short- Friendly on the Second Circuit Court MEXICAN ECONOMIC AGREEMENT term debt burden that precipitated this of Appeals and Justice Arthur Goldberg Mr. PELL. Mr. President, after weeks crisis. on the Supreme Court. of intense negotiation, the United Finally, the oil proceeds facility In his subsequent career, he has con- States and Mexico yesterday agreed on agreement establishes the mechanism sistently earned great distinction and a package of guarantees and swap by which the United States is assured respect for his service—in the Civil Di- transactions to help restore investor substantial repayment should Mexico vision at the Department of Justice, as confidence in the Mexican economy default on its obligations. The agree- a vice president of the University of while addressing United States con- ment would set up a bank account in Massachusetts, as director of the New cerns about the fundamental soundness the United States into which foreign York State Division for Youth under of the Mexican economy and the level purchasers of Mexican oil would be re- Gov. Hugh Carey, as a partner in the of risk to American taxpayers. I com- quired to make their payments. If Mex- Washington, DC, law firm of Foley & mend the President for his efforts to ico fails to repay the United States Lardner, as professor and associate respond to this crisis while ensuring under any of the financing agreements, dean at Georgetown University Law that adequate safeguards and condi- the Treasury Department would be Center, and currently as counselor in tions are in place to protect U.S. na- able, in effect, to take over that bank the U.S. Department of Health and tional interests. account. Human Services. I must say that, when the adminis- All told, these agreements total $20 By virtue of his outstanding ability, tration first proposed, in the imme- billion in United States support for background, experience, judgment, and diate aftermath of the peso devalu- Mexico—a bold and comprehensive temperament, Peter Edelman is clearly ation, a major U.S. response, I was package designed to prevent an imme- and well-qualified to serve on the U.S. quite skeptical. In many discussions diate shortfall from leading to long- Court of Appeals. As much as anyone I with the administration I raised my term economic and political insta- know, Peter Edelman understands that concerns and urged that tough ques- bility. This support is designed to en- our laws are the wise restraints that tions be asked about the wisdom of tail no direct costs to our taxpayers. make us free. He also very clearly un- United States involvement and tough Mexico will be charged fees for the derstands the proper constitutional conditions be applied on Mexico as a guarantees and interest for the me- role of Federal judges in our Federal precondition to any aid package. dium-term swaps, and all of Mexico’s system. Mr. President, I believe the adminis- obligations to the United States will be I am confident that he would be an tration has negotiated tough-minded backed by proceeds from the export of excellent Federal judge. I hope that terms for the package. I commend Mexican crude oil and oil products. President Clinton nominates him, and I them for this and now believe it is both Moreover, the U.S. action is more believe he will be confirmed by the appropriate and in our national inter- than matched by the international re- Senate. I urge my colleagues in the est for this program to be put into op- sponse. The IMF has offered an unprec- Senate to keep an open mind about eration. edented $17.8 billion in medium-term this distinguished lawyer. In all candor, I continue to have assistance, while the other G–10 coun- Last week, many of us received a let- some concerns about the possible long- tries plan to provide another $10 billion ter in strong support of Peter Edelman, term negative consequences of this in short-term credit through the Bank signed by 71 distinguished law profes- whole crisis to our national economy of International Settlements. sors, including 19 law school deans and and national economic interest. But I Mr. President, I believe it is essential 8 former law school deans. Because an do believe as a nation we had to act that we continue to monitor this situa- editorial in the Washington Times ear- and that the administration has acted tion closely, and the agreements that lier last week grossly distorted the let- skillfully. And if we did not act, real were signed yesterday provide the ter, I ask unanimous consent that the economic disaster could result. means and expand our ability to do letter may be printed in the RECORD.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2954 CONGRESSIONAL RECORD — SENATE February 22, 1995 There being no objection, the letter will find that he is one of the most well versity of Houston Law Center; Professor was ordered to be printed in the qualified nominees you have seen in your Mark A. Rothstein, University of Houston RECORD, as follows: tenure on the Judiciary Committee. Law Center; Associate Dean David GEORGETOWN UNIVERSITY LAW CENTER, Professor Lee Albert, State University of Rudenstine, Yeshiva University, Benjamin February 9, 1995. New York at Buffalo, School of Law; Dean N. Cardozo School of Law. Senator EDWARD KENNEDY, Barbara Bader Aldave, St. Mary’s University Associate Dean Frank E.A. Sander, Bussey Russell Senate Office Building, of San Antonio, School of Law; Professor Professor of Law, Harvard University Law Washington, DC. Ellen P. Aprill, Loyola Law School; Dean Ju- School; Professor George Schatzki, Univer- DEAR SENATOR KENNEDY: Enclosed please dith C. Areen, Georgetown University Law sity of Connecticut; Professor Philip G. find a letter that we have sent to Senator Center; Professor Charles E. Ares, University Schrag, Georgetown University Law Center; Hatch. As you will see, it is a letter from of Arizona, College of Law; Professor Bar- Professor Peter H. Schuck, Yale Law School; more than seventy law professors and deans bara Allen Babcock, The Ernest W. McFar- Professor Teresa Moran Schwartz, George who are upset about the tactics being used land Professor of Law; Sanford Law School. Washington University, National Law Cen- by some who are attempting to stop the Professor Steven R. Barnett, University of ter; Dean John A. Sebert, Jr., University of nomination of Peter Edelman to the United California at Berkley; Dean Daniel O. Baltimore; Professor Steven H. Shiffrin, Cor- States Court of Appeals for the District of Bernstine, University of Wisconsin Law nell Law School; President Emeritus Mi- Columbia Circuit. We are concerned that the School; Professor Vincent A. Blasi, Columbia chael I. Sovern, Columbia University School current specter of distorted prenomination University School of Law; Professor Susan of Law; Associate Dean Steven H. Steinglass, sniping is undermining the integrity of the Low Bloch, Georgetown University Law Cen- Cleveland State University, Cleveland Mar- constitutionally prescribed appointment ter; Provost Lee Bollinger, Dartmouth Col- shall College of Law; Professor Richard B. process and we cannot stand by silently lege; Dean Barry B. Boyer, State University Stewart, New York University School of while this is occurring. of New York at Buffalo, School of Law. Law. We appreciate your consideration. Dean Paul Brest, Stanford Law School; Professor Theodore J. St. Antoine, Univer- Sincerely yours, Professor Robert A. Burt, Alexander M. sity of Michigan Law School; Professor SUSAN BLOCH, Bickel Professor of Public Law, Yale Law David A. Strauss, University of Chicago Law Georgetown University Law Center. School; Professor Alexander Morgan Capron, School; Professor Peter L. Strauss, Columbia BARBARA BABCOCK, University Professor of Law and Medicine, University School of Law; Professor Gerald Stanford Law School. University of Southern California; Associate F. Uelmen, Santa Clara University School of Dean Catherine L. Carpenter, Southwestern Law; Professor James Vorenberg, Harvard GEORGETOWN UNIVERSITY LAW CENTER, February 9, 1995. University School of Law; Professor Stephen University Law School; Dean Harry H. Wel- Senator ORRIN G. HATCH, Lisle Carter, William Nelson Cromwell Pro- lington, New York Law School; Professor Pa- U.S. Senate, fessor of Law, Yale Law School; Professor tricia White, University of Utah, College of Washington, DC. David P. Currie, University of Chicago Law Law; Dean Richard S. Wirtz, University of DEAR SENATOR HATCH: As law professors School. Tennessee College of Law; Associate Dean concerned with protecting the Constitution Dean Colin S. Diver, University of Penn- Leah Wortham, The Catholic University of and the judiciary, we are troubled to see or- sylvania Law School; Professor David Feller, America School of Law. chestrated attempts to distort the record of University of California at Berkeley; Pro- Professors signing this letter, including potential nominees even before they have fessor Mary Louise fellows, University of the Deans, are signing as individuals and not been nominated. In particular, we are very Minnesota Law School; Professor David B. as representatives of their schools. Filvaroff, State University of New York at troubled by the attacks on Peter Edelman, a f respected scholar with an extensive record of Buffalo, School of Law; Professor Leslie public service who has exactly the kind of Pickering Francis, University of Utah Col- IS CONGRESS IRRESPONSIBLE? qualifications the nation should look for in lege of Law; Associate Dean George E. Gar- THE VOTERS HAVE SAID YES! vey, The Catholic University of America. nominees for the Courts of Appeals. We urge Mr. HELMS. Mr. President, the in- you to remain open-minded so as not to en- Professor Carole E. Goldberg-Ambrose, courage those seeking to derail the appoint- University of California at Los Angeles, credibly enormous Federal debt is a lot ment process. School of Law; Professor Jesse A. Goldner, like television’s well-known energizer As you know, before joining the Adminis- Saint Louis University School of Law; Asso- bunny—it keeps going and going—at tration, Peter Edelman was Associate Dean ciate Dean Robert A. Gorman, University of the expense, of course, of the American at the Georgetown University Law Center. In Pennsylvania Law School; Dean David Hall, taxpayers. his outstanding career, Professor Edelman Northeastern University School of Law; A lot of politicians talk a good Dean Joseph D. Harbaugh, University of has been a clerk to Supreme Court Justice game—when they are back home— Richmond, The T.C. Williams School of Law; Arthur Goldberg, a key aide to Senator Rob- about bringing Federal deficits and the ert F. Kennedy, and Director of the New Professor Phillip B. Heymann, Harvard Uni- York State Division for Youth. As respected versity Law School; Professor Robert E. Federal debt under control. But so within academia as in public service, Pro- Hudec, University of Minnesota Law School. many of these same politicians regu- fessor Edelman has shown himself to be a Professor Stanley Ingber, Drake Univer- larly voted in support of bloated spend- sensitive, thoughtful, and responsible coun- sity Law School; Professor John H. Jackson, ing bills during the 103d Congress— selor, policymaker, and scholar. The judici- University of Michigan Law School; Pro- which perhaps is a primary factor in ary and the nation would be well served by fessor Yale Kamisar, University of Michigan the new configuration of U.S. Senators. his presence on the Court of Appeals for the Law School; Dean John Robert Kramer, This is a rather distressing fact as Tulane University School of Law; Dean District of Columbia Circuit. the 104th Congress gets down to busi- To single out for attack, as his critics Thomas G. Krattenmaker, College of Wil- have, one article that Professor Edelman liam and Mary, Marshall-Wythe School of ness. As of Tuesday, February 21, 1995, wrote in 1987 in an effort to provoke thought Law; Dean Jeffrey S. Lehman, University of the Federal debt stood—down to the about the growing inequities in income dis- Michigan Law School; Professor Howard penny—at exactly $4,834,640,034,065.84 or tribution in this country is grossly dis- Lesnick, University of Pennsylvania Law $18,352.38 per person. torting in at least two ways. First, it over- School. Mr. President, it is important that looks the fact that Professor Edelman has Dean Lance M. Liebman, Columbia Univer- all of us monitor, closely and con- produced a body of work on poverty issues sity School of Law; Professor Michael stantly the incredible cost we incur Melsner, Northeastern University School of that sets out his framework for under- each week due to this debt. As a mat- standing the 1987 article. Second, the attack Law; Dean Elliott S. Milstein, American ignores the rest of his record of excellent University; Dean Gene R. Nichol, Jr., Uni- ter of fact, in the past week the debt service in all three branches of government. versity of Colorado School of Law; Professor has increased over $25 billion. Our constitutional system will be severely Robert O’Neil, University of Virginia School Mr. President, my hope is that the damaged if an organized campaign of mis- of Law; Professor Daniel H. Pollitt, Univer- 104th Congress can bring under control representation can block the nomination of sity of North Carolina School of Law; Pro- the outrageous spending that created someone so clearly qualified. The President fessor Burnele Venable Powell, University of this outrageous debt. If the party now should nominate Professor Edelman and let North Carolina School of Law. controlling both Houses of Congress, as the Senators decide whether or not to con- Dean Henry Ramsey, Jr., Howard Univer- a result of the November elections last firm. Peter Edelman should have the chance sity School of Law; Professor Deborah L. to explain his views and set forth his entire Rhode, Stanford Law School; Dean John C. year, does not do a better job of getting record in the framework of a confirmation Roberts, De Paul University College of Law; a handle on this enormous debt, the hearing. We are confident that if you will re- Professor Jonathan Rose, Arizona State Uni- American people are not likely to over- ceive his nomination with an open mind, you versity; Professor Laura F. Rothstein, Uni- look it in 1996.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2955 THE EXTRAORDINARY LIFE OF could sense the power of his commitment to on many issues, including crime and gun WALTER SHERIDAN justice and honesty in public and private control. He liked to tell of the time he went life. You knew he would go to the end of the into a gun shop, plunked down a couple hun- Mr. KENNEDY. Mr. President, all of earth to sustain those standards against any dred dollars, and walked out with an anti- us who knew him, respected him, and who tried to undermine them. The cynical tank weapon. He later loaded and fired it on loved him were saddened by the death view that everyone has his price met its camera to demonstrate the shocking laxity last month of Walter Sheridan. Walter match and its defeat in Walter Sheridan. of our gun control laws. He said he couldn’t was the outstanding investigator on As Bobby knew, and as those on the other remember what finally happened to the the staff of the Senate Labor and side learned to their dismay, when the going weapon, but he kept it stored somewhere got tough, Walter Sheridan got going. His Human Resources Committee for near- around the house for a while and thought highly principled convictions about the pub- Nancy finally threw it out. ly two decades, and before that, he had lic trust ensured the criminal convictions of Another of his documentaries dealt with been one of Attorney General Robert those who violated that trust. His book organized crime. Walter persuaded a key in- Kennedy’s most trusted and effective about those years is among his lasting leg- formant to speak on camera for the first aides in the Department of Justice. acies—a call for constant vigilance to pro- time about the activities of one of the crime Walter Sheridan lived an tect the public interest against corruption. families. Later, a few of Walter’s friends who extraodinary life, and all of us who In any fight, my brother said, he would al- had gathered to watch the broadcast at the worked with him have many warm ways want Walter on his side. You wanted Sheridans’ home thought the informant on Walter with you in any foxhole, and that is the screen looked familiar, and he was. He memories of his achievements and his why he always seemed to get the most dif- was sitting on the couch in Walter’s living friendship. ficult assignments. He had been in the serv- room, watching the program too. He told I ask unanimous consent that my ice in World War II, and his exploits re- Walter it was the first time he felt truly tribute to Walter last month at Holy minded me of a famous slogan of those safe, because no one would dare try to harm Trinity Church in Georgetown, an ear- years—the difficult we do immediately; the him while Walter was on the case. lier tribute I made to Walter on the oc- impossible takes a little longer. Of course, all of us who knew Walter un- casion of his final hearing at the Labor In the Senate years, each time we settled derstood something else as well—that we on the subject of a new investigation, Walter Committee in 1990, and other materials would never know everything he knew. Busi- would do his famous disappearing act. He’d ness or pleasure, secrets were safe with Wal- may be printed in the RECORD. be away for three or four weeks. ‘‘Walter’s ter. Whether working on an investigation or There being no objection, the mate- gone fishing,’’ we would wink and say, and planning a surprise party, nothing ever rials were ordered to be printed in the everyone knew what that meant. When Wal- leaked. On that point we all agreed—Walter RECORD, as follows: ter surfaced with his catch, all the networks Sheridan kept his mouth shut. TRIBUTE TO WALTER SHERIDAN, BY SENATOR and reporters were there, ready to record it Genius, it is said, is the capacity for tak- EDWARD M. KENNEDY, HOLY TRINITY at our hearings. ing infinite pains, and Walter passed that Walter knew how to follow a paper trail, CHURCH, WASHINGTON, DC, JANUARY 17, 1995 test with flying colors. No one worked hard- find the unfindable document, and make it er or longer or more effectively. But some- ‘‘Some men see things as they are and say, speak truth to power. Once, when the mine times even that wasn’t enough. One of my ‘Why?’ I dream things that never were and owners persuaded the federal agency to dras- brother’s and Walter’s favorite stories from say ‘Why not?’’’ tically weaken protections for health and the McClellan Committee days was about the These words that Robert Kennedy loved safety, it was Walter who uncovered the ir- time they were driving home together after were words that Walter Sheridan lived by. refutable document. The agency had simply working very late one evening. As they drove And what a magnificent life he lived. tried to write the mine owners’ wish list into past the Teamsters Building, they saw the Walter and my brother were exact contem- law—complete with the same spelling and light still on in Hoffa’s office. So they turned poraries, born on the same day, November grammatical mistakes. the car around and went back to work them- 20th, 1925. It took them a little over thirty Walter was also a hero to workers in the selves. years to find each other. But it was inevi- many industries he investigated. I especially It has been said that all men are dust, but table that they would, and now they have think of his coal mine safety investigations. some are gold dust. And that was true of found each other again. Miners and mine safety officials who testi- Walter. In those great years with my brother I suspect some grand investigation is under fied in our Labor Committee hearings would on the McClellan Committee and in the Jus- way in heaven, and that Bobby and Carmine continue to call up Walter for many years, tice Department, he was a regular for touch Bellino finally decided last week, ‘‘We need eager to tell him about the new births and football at Hickory Hill. Everyone wanted to Walter up here on this one.’’ marriages and grandchildren in their lives. be on Walter’s team, including Bobby. To My brother loved to tease Walter about his They knew Walter never stopped caring new friends there, he was always ‘‘Walter,’’ mild demeanor and quiet manner. But as about them, and they loved him for it and never ‘‘Mr. Sheridan,’’ even though they felt Bobby wrote in ‘‘The Enemy Within,’’ Wal- made him part of their family too. the first name was somehow disrespectful ter’s angelic appearance hid a core of tough- For all his warmth and wit, Walter was after reading about Mr. Sheridan in ‘‘The ness. As any wrongdoer well knew, the an- rightly feared by certain kinds of industry Enemy Within.’’ Walter made sure that ev- gelic quality also represented the avenging leaders and government officials—by anyone eryone got to play, no matter how young or angel. misusing their position or abusing their high unathletic. He also mastered the most im- All the Kennedys have lost one of the fin- office. His mission in many of his Senate in- portant rule for those games, which was that est friends we ever knew. Walter Sheridan vestigations was to see that federal regu- there were no rules. was an extraordinary investigator and an ex- lators did not become captives of the indus- And in the sad months and years after traordinary human being. He had a heart as try they regulated. June of 1968, Walter continued to be a fixture large as his ability, and his courage and dedi- Once, a mine worker who worshipped Wal- at Hickory Hill, helping Ethel, helping all of cation to justice and the public interest were ter told us that an official of the Mine Safety us, to carry on. We loved you, Walter, as a unmatched by anyone. Everything he and Health Administration had walked into brother and as a member of our family. touched he left better than he found it. his agency office one day and resigned imme- In a sense, Bobby lived on through Walter. Walter was also family, far and wide. His diately—when he saw the pink message slip In the nearly 20 years that he worked with wife, Nancy, his daughter Hannah, his sons with the notation that ‘‘a Mr. Walter Sheri- me in the Senate, I never met with Walter or Walter, John, Joseph, and Donald, and all dan’’ had called. talked with Walter or laughed with Walter their families and all his fourteen grand- His unique combination of high intel- that I didn’t think of Bobby. As the poet children know how much Walter loved them ligence, low-key manner, and warm person- wrote: ‘‘Think where man’s glory most be- and how deeply he cared for them. The Sheri- ality was an irresistible asset in all his work, gins and ends, and say my glory was I had dan home was always warm and welcoming, and he loved to tell his war stories. During such friends.’’ Our glory is that we had Wal- a continuously open house and gathering his investigation of the pharmaceutical in- ter as a friend. place for the legions of friends he made dustry, two drug company executives told In so many ways, he lived up to the ideals across the years. him extensive details they never intended to of dedication to family, country, and service Everyone Walter worked with loved him disclose about their company’s operations. to others. His contributions to integrity in too. He lit up every room he entered, and They said Walter just kept asking simple, government and the private sector are im- there was an obvious mutual affection that understated questions and nodded politely at mense. His achievements are proof that each made people not only want to work with their responses. As one of the officials later of us can make a difference—and what a dif- him, but work harder because of him. He had said, ‘‘It took us about ten minutes after we ference Walter Sheridan made. a famous and well-deserved reputation from walked out of the room to realize that Wal- His life is symbolized in the inspiring the Hoffa years for ability, integrity and loy- ter Sheridan had just picked both our pock- words my brother used: ‘‘Each time a man alty—and he was a legend for his modesty ets clean.’’ stands up for an ideal, or acts to improve the about it. He had a flair for the dramatic too. For lot of others, or strikes out against injustice, He lived up to the Sheridan mystique all several years, he served as a Special Cor- he sends forth a tiny ripple of hope, and his life and in everything he later did. You respondent for NBC and made documentaries crossing each other from a million different

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2956 CONGRESSIONAL RECORD — SENATE February 22, 1995 centers of energy and daring, those ripples traordinary investigator and an extraor- Hannah Shorey of Dallas, John Sheridan of build a current which can sweep down the dinary human being.’’ Germantown, Joseph Sheridan of Lansdale, mightiest walls of oppression and resist- By 1960, years of contentious investigation Pa., and Donald Sheridan of Harrisburg, Pa.; ance.’’ and dramatic, nationally televised hearings and 14 grandchildren. You left us too suddenly and too soon, Wal- had made celebrities of the Senate sub- ter, and we miss you all the more. committee’s lawyer, Robert kennedy, and [From the New York Times, Jan. 15, 1995] Hoffa. Hoffa had become one of the best- WALTER J. SHERIDAN IS DEAD AT 69; HELPED LOSING TATEMENT OF ENATOR DWARD C S S E M. known labor leaders of the postwar era. BUILD CASE AGAINST HOFFA KENNEDY, HEARING ON ADVERTISING, MAR- After John Kennedy became president in (By David Stout) KETING AND PROMOTIONAL PRACTICES OF THE 1961 and his brother became attorney gen- PHARMACEUTICAL INDUSTRY, SENATE COM- eral, Robert Kennedy asked Mr. Sheridan to Walter J. Sheridan, a Federal investigator MITTEE ON LABOR AND HUMAN RESOURCES, become his special assistant. In that job, he who was an associate of the Kennedy family WASHINGTON, DC, DECEMBER 12, 1990 and a small group of lawyers were made re- and pursued the teamsters’ union leader The testimony in these hearings raised sponsible for prosecuting federal crimes as- James R. Hoffa, died on Friday at his home troubling questions about the marketing sociated with the Teamsters. in Derwood, Md. He was 69. practices of the pharmaceutical industry and The lawyers in the unit described them- The cause was lung cancer, friends said. their corrupt relationship with physicians. selves as the ‘‘Get Hoffa Squad,’’ and Mr. Mr. Sheridan worked closely with Robert Commendably, as the committee investiga- Sheridan, though himself not a lawyer, was F. Kennedy in the 1950’s when Mr. Kennedy tion began to uncover these abusive relation- their chief, Arthur A. Sloane wrote in was chief counsel to the Senate rackets com- ships, both the AMA and the PMA endorsed ‘‘Hoffa,’’ his 1991 biography of the labor lead- mittee and John F. Kennedy was a com- new guidelines on the eve of the hearings, in er. In his 1971 book ‘‘Kennedy Justice,’’ Vic- mittee member. Mr. Sheridan and Robert order to correct these problems and ensure tor Navasky also described Mr. Sheridan as Kennedy spent much time investigating the confidence of patients and the public. the unit’s chief. labor corruption, especially in the Inter- The committee intends to monitor these In 1962, Hoffa was brought to trial in Nash- national Brotherhood of Teamsters. reforms closely, in order to determine ville. The chief prosecutor and his assistants, When Robert Kennedy became Attorney whether the abuses covered by the guidelines accoring to Sloane’s book, operated ‘‘under General, he recruited Mr. Sheridan as a spe- are truly corrected. the overall direction of . . . Walter Sheridan cial assistant to investigate Federal crimes, Finally, I want to pay tribute to the person . . . who himself was in daily telephone con- particularly involving the teamsters. who deserves the real credit not only for tact with Attorney General Kennedy.’’ In March 1964, a Federal Court jury in these hearings—but a thousand other con- In a brief interview last night, Navasky Chattanooga, Tenn., convicted Mr. Hoffa of tributions to the Senate, the country, and said Mr. Sheridan ‘‘knew the worst things tampering with a Federal jury two years ear- the public interest. there were’’ about Hoffa and ‘‘devoted those lier, and he went to prison. He was released In a sense, these hearings are his swan years to doing something about that.’’ in 1971 when his sentence was commuted by song. But he’ll never really retire. He was The trial, on a misdemeanor charge, ended President Richard M. Nixon. also our chief investigator in the initial in a hung jury. Mr. Sheridan was the author of a 1972 book, committee hearings on this issue in the But that trial led to a second trial on a ‘‘The Fall and Rise of Jimmy Hoffa.’’ Mr. 1970’s. And I have no doubt he’ll come out of charge of jury tampering, based at least in Hoffa disappeared in 1975. retirement in the year 2000, or whenever the part on evidence gathered and investigated Mr. Sheridan was an agent for the Federal industry steps out of line again. by Mr. Sheridan, according to Sloane’s book. Bureau of Investigation for four years but re- There’s a famous saying that there’s no In 1964, Hoffa was convicted of jury tam- signed, he said later, because J. Edgar Hoo- limit to what you can accomplish in this pering and began serving a prison term three ver’s fierce brand of anti-Communism made town if you’re willing to give someone else years later. him uneasy. He was also an investigator for the credit. That may be the secret of how In 1960, Robert Kennedy published a book the National Security Agency for three he’s been able to accomplish so much. called ‘‘The Enemy Within,’’ based on his years. We’ve known each other for over 30 years, Senate committee investigations into labor As a principal aide for the Senate Judici- and worked together for nearly 20. Robert matters. In it, he described Mr. Sheridan this ary and Labor and Human Resources Com- Kennedy discovered him in the 1950’s in the way: ‘‘A slight, quiet friendly-faced man’’ mittees in the 1970’s and 80’s, Mr. Sheridan McClellan Committee investigations. It who ‘‘was one of our best and most relentless led investigations into drug companies that turned out they were both born on the same investigators.’’ tampered with data submitted to the Food day in the same year. ‘‘His almost angelic appearance hides a and Drug Administration, working condi- My brother took him with him to the Jus- core of toughness and he takes great pride in tions in mines and exploitation of farm tice Department in the 1960’s. He may well his work,’’ Kennedy said. workers. have been the best and most tenacious inves- ‘‘In any kind of fight, I would always want Mr. Sheridan was a regional coordinator tigator the Senate or the Department ever him on my side.’’ for John F. Kennedy’s 1960 Presidential cam- had. I inherited him from my brother, and Mr. Sheridan was born in Utica, N.Y., paign. He also worked in the senatorial and he’s been the same way ever since. served in the Submarine Service during Presidential campaigns of Robert and Ed- As Robert Kennedy once said in the 1950 in- World War II and later graduated from Ford- ward M. Kennedy. vestigations, ‘‘Investigators are the back- ham University. He was an FBI agent for From 1965 to 1970, he was a special cor- bone of the hearings. Without their work, four years and spent three years with the Na- respondent for NBC, producing documen- we’d have nothing.’’ Those words are still tional Security Agency. taries on crime, gun control and other true, and all these years he has continued to He was a regional coordinator for John issues. make them true. Kennedy in the 1960 presidential campaign He is survived by his wife, Nancy; four We’ll have a chance to pay a proper tribute and had key roles in the political campaigns sons, Walter, of Gaithersburg, Md., John, of to him at another time. But I wanted to of Robert and Edward Kennedy. Germantown, Md., Joseph, of Lansdale, Pa., make at least these few remarks now. As a Senate investigator in the 1980s, he and Donald, of Harrisburg, Pa.; a daughter, He’s also a beautiful human being. His helped show that clinical data submitted to Hannah Shorey of Dallas, and 14 grand- family and some of his children and grand- the Food and Drug Administration had been children. children are here today, and I think they tampered with, which led to new safeguards. know how much we admire him and love He also led investigations into improper pay- [From the Utica Observer-Dispatch, Jan. 14, him—Walter Sheridan. We’ll miss him. ments to physicians to influence how they 1995] prescribed medicines. His investigations into SHERIDAN, FORMER FBI AGENT DIES AT 69 [From the Washington Post, Jan. 14, 1995] mine and on-the-job safety and health and into exploitation of farm workers also were Utica native Walter Sheridan—once listed WALTER SHERIDAN DIES; HELPED TO credited with leading to new federal protec- among possible successors to J. Edgar Hoo- INVESTIGATE HOFFA tions. ver to head the FBI and a close friend of the (By Martin Weil) From 1965 to 1970, he was a special cor- Kennedy family—died yesterday. He was 69. Walter Sheridan, 69, a prominent federal respondent for NBC and his unit received a Sheridan worked side by side with the late investigator for many years who played a Peabody Award for a documentary on the Sen. Robert Kennedy to fight racketeering, key role in the epic struggle between the 1967 Detroit riots. particularly to bring James R. Hoffa to jus- government and Teamsters union leader He was the author of ‘‘The Fall and Rise of tice. His career as an investigator included Jimmy Hoffa, died of lung cancer Jan. 13 at Jimmy Hoffa.’’ four years as a special agent with the FBI, his home in Derwood. In his statement yesterday, Edward Ken- three years each with the National Security He was a staff member of the Senate rack- nedy said Mr. Sheridan ‘‘had a heart as large Agency and the Senate Rackets Committee. ets subcommittee of which Robert F. Ken- as his ability, and his courage and dedication Sheridan died at his home in Derwood, nedy was chief counsel and on which John F. to justice and the public interest were un- Md., of lung cancer. He was born in Utica, Kennedy served as a senator. He was also an matched by anyone.’’ Nov. 20, 1925. associate of Sen. Edward M. Kennedy (D- Survivors include his wife, Nancy; five ‘‘He was one of the finest men I ever met Mass.), who lauded him yesterday as ‘‘an ex- children, Walter Sheridan of Gaithersburg, in my life. He was sincere, honest, upright,’’

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2957 said Michael McGuirl of Ballantyne Brae, the race is to the swift and the poker pot to For months, after Walter sent me the Utica. the swift at hand. Rackets Committee material, I immersed ‘‘I can’t tell you the grief I feel’’ over his Left behind to fight the network of graft- myself in the testimony of thousands of wit- death, said McGuirl, who has maintained a organized greed that has infected our profit nesses who talked (or balked) about pension friendship with Sheridan’s family. system are the Walter Sheridans of this land, funds looted of millions of dollars, with a Through his career—which included work- unlikely Don Quixotes who tilt not at wind- majority of those six- and seven-figure loans ing five years as a special correspondent for mills but at syndicates and are willing to going to notorious Mafiosi, of ‘‘sweetheart’’ NBC and publishing a book on Hoffa—Sheri- take on single-handed an army of hoodlums, contracts arranged between greedy company dan kept his links to Utica. fixers, purchasable politicos and business op- executives and union officials on the take McGuirl, who worked 14 years as commis- portunists, to go it alone if their leaders are (including, as this book makes clear, Presi- sioner for Oneida County Social Services, shot down and a Mitchellized Justice Depart- dent Hoffa himself), of once respectable in- said Sheridan helped the county receive the ment moves to deliver them and their wit- dustries and unions infiltrated by a blatant country’s first Work Experience Program, nesses to the enemy. army of extortionists and enforcers, terror- which helped put people in jobs. I first came to know Walter Sheridan in izing the would-be honest into silence or con- Sheridan returned to Utica to speak at his the early sixties when I went to Washington nivance. It was material, I realized, that class reunion in 1973 and the the Knights of to discuss with the then Attorney General, made waterfront crime-evil as that was— Columbus in 1977. Robert Kennedy, the possibility of adapting seem like very small potatoes. ‘‘He was a fine assistant to Robert Ken- his book, The Enemy Within, as a motion picture. Our irrepressible producer, the late Now I understood more clearly the conclu- nedy and a very intelligent and capable indi- sion Bob Kennedy had reached in his book— vidual,’’ said Vincent J. Rossi, Sr., a Utica Jerry Wald, had called me in Mexico to say that Kennedy had chosen me from a list of that the real enemy within was the increas- lawyer who worked with Sheridan on Demo- ingly effective alliance of big money, labor cratic politics in Utica. film writers Wald had submitted. Kennedy had been impressed with On the Waterfront racketeers, the mob, and dishonest prosecu- In response to his death, Sen. Edward Ken- tors, judges and government officials, with- nedy said yesterday ‘‘all the Kennedys have and The Harder They Fall and felt that I would be particularly responsive to the job out whom billions could not be stolen from lost one of the finest friends we ever had. our economy—and that this nationwide con- Walter Sheridan was an extraordinary inves- of dramatizing corruptive power in America. It is true that the subject had fascinated spiracy was poisoning the wellspring of the tigator and an extra-ordinary human being. me from my high school days. And The nation. From my talks with Bob Kennedy, He had a heart as large as his ability and his Enemy Within, a hard-hitting account of Walter Sheridan and their colleagues in the courage and dedication to justice and to the Kennedy’s experiences as chief counsel for Justice Department, I was convinced of their public interest were unmatched by anyone.’’ the Senate Rackets Committee, would give passionate devotion to this theme—and to Sheridan graduated from Utica Free Acad- me the chance to write not merely a sequel the conviction that we could never defeat an emy in 1943, was president of the senior class to Waterfront but a significant extension of external enemy unless we first cut from our and a quarterback on the football team. that film on a national scale. Kennedy’s body politic the growing cancer of corrup- Sheridan is survived by his wife, Nancy, book presented startling evidence of the col- tion that would finally destroy our society and five children, Walter, of Gaithersburg, lusion between Jimmy Hoffa (plus other as Rome was eaten away from within two Md., Hannah Shorey of Dallas, Texas, John, crooked union leaders), Mafia racketeers and thousand years ago. of Germantown, Md., Joseph of Lansdale, their ‘‘respectable’’ allies in the world of When I returned to Washington with all Pa., and Donald, of Harrisburg, Pa. and 14 business. grandchildren. fifty-nine volumes of testimony buzzing in At Kennedy’s home in McLean, Virginia, it my head, I outlined a possible story line to took time to break the ice, but gradually we Bob Kennedy and his staff. But now I felt a FROM ‘‘THE FALL AND RISE OF JIMMY HOFFA’’ established good rapport. Then, characteris- (1972) further step in research was necessary: to tically, young Kennedy asked me when I move on from the transcripts to the people (By Walter Sheridan and Introduction by could begin and how soon my screenplay behind the transcripts, those who had en- Budd Schulberg) would be ready. I told him that I had re- dured the pressure of belonging to a union searched the New York waterfront for more A specter is haunting America. No, it is whose dictatorship they despised and whose than a year before I had begun that script; I not communism. Despite Wallace, Goldwater goon-squad violence they feared. and the right-wing doomsday criers, it is not would not feel ready to plunge into the writ- When I discussed this request with Ken- even creeping socialism. It is, as readers of ing of Enemy until I had fully absorbed this nedy he again passed me on to Walter, who, this book will find alarmingly documented, even more complicated material. ‘‘But it’s in his calm, cautious way, put me in touch an altogether different sort of creeping dis- all in the book,’’ Kennedy said with an au- with a fascinating union leader, a highly ease. Creeping, hell, it’s now boldly up on thor’s pride. I told him I would like to read placed officer who had been secretly cooper- two feet and running. Toward what goal? the entire hearings of the Senate Committee. ating with the Kennedy investigation be- More. More houses? More schools? More ‘‘That’s fifty-nine volumes,’’ Kennedy cause he had lived his life as an honest trade daycare centers? Forget it. More money. warned. ‘‘Millions of words.’’ When I held unionist and had become disgusted with the More power. Power to do what? Enjoy life, out, he passed me on to his lieutenant in wholesale looting of union funds, the terror- liberty and the pursuit of happiness? Not as charge of the Hoffa investigation, Walter izing of union members who protested, the Jefferson and our eighteenth-century ideal- Sheridan. Sheridan turned out to be the most un- Mafia leaders allowed to pass themselves off ists imagined it in those simpler times. likely of G-men. Television and movie fans as union leaders. The roster of Teamster vice today it is the high life, the deal that brings accustomed to Lee Marvin or Rod Steiger presidents read like a Who’s Who in Amer- liberty in the form of ‘‘commutation’’ from and Efrem Zimbalist as their gangbuster he- ican Crime, and ‘‘Max,’’ as we shall call our the federal pen and the pursuit of the easy roes would be badly let down by Mr. Sheri- inside contact, had had a bellyfull. buck—be it at the gangster Xanadus of Las dan. So quiet-spoken you literally have to Vegas, or at millionaire retreats built with Here, through Walter’s sensitive liaison, I lean forward to hear him, on the surface a Teamster money like Moe Dalitz’s La Costa was to get a one-on-one insight into the on- diffident, even shy and eminently gentle Country Club, or at the various White going drama—the tension that runs through man. Houses, Dicknixon style. There the Big so much of Walter’s book—a man’s con- But Kennedy’s book had indicated the science struggling to keep afloat in a sea of Money, that unholy alliance of over-and- tiger that lurked within the deceptively under-the-table, has enjoyed the friendship fear. For the next few months I was to meet bland exterior, praising Walter as tireless Max under conditions that reminded me of of the man who grasped early in his check- and unbendable, committed to the principle my World War II days in the O.S.S. We met ered career the sharp-edged triangle of of integrity in government and labor-man- in Los Angeles, in a small town in Florida, money, power and politics. agement. Outraged by the labor racketeering and in Mexico—using pseudonyms and even Throughout our history Big Money has encouraged by political and business conniv- taking the precaution of meeting in a third, been decried, by Andrew Jackson, William ance, he would work around the clock day neutral room in case we were being followed Jennings Bryan, both the Roosevelts.... after day to stitch together a collar of evi- or bugged. His nerves were shot and he was There are periodic appeals to our idealism, dence to fit even the thick, tough necks of drinking himself through the day, terrified compassion and sense of community. Reform the Jimmy Hoffas. movements rise and fall like the tides. Until the Kennedy investigations, the rob- of Hoffa and his henchmen, yet driven by the Today our children’s crusade turns its back ber barons of the labor movement had carved gut-conviction that mobsters like Johnny on the sources of wealth and power and wan- up their million dollar pies with impunity. It Dio and Red Dorfman and Joey Glimco and ders into the desert to smoke its pot and live is one thing merely to dream the impossible Tony Provenzano and all the rest of the tribe the good life to the music of Led Zeppelin, dream, quite another to gather together for were poison to the labor movement to which James Taylor and Joe Cocker. They have a convincing indictment all the little jigsaw he had dedicated his life. Through Max, I chosen to abandon the system rather than facts buried by professional deceivers. How met other Teamster dissidents, all hating reshape it. The old system, their gypsy life- Walter Sheridan persevered in this quest, de- Hoffa’s guts and all afraid to face his wrath. style is telling us, is a rat-race is a money- spite bribes, threats and government road- Thanks to Max, I was able to personify in game is a war-machine conceived in mate- blocks, provides an encouraging lining for an my script a reluctant, tormented thorn in rialism and dedicated to the proposition that essentially discouraging story. the tough hide of the composite labor boss I

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2958 CONGRESSIONAL RECORD — SENATE February 22, 1995 call Pete Bonner. Alas, the film for reasons tions and sensational disclosures, corruption 104th Congress, to announce to the Sen- that bring me very close to the spirit of this flows on. George Jackson rotted in jail for ate that 14 people were killed by gun- uncompromising book, has never reached the nearly a decade for heisting $70. Jimmy shot in New York City this past week, screen. Jerry Wald, who alone had had the Hoffa cops a million, bribes juries, runs with courage to produce it, died suddenly, at a the most dangerous gangsters in America bringing the total for 1995 to 89. time when 20th Century-Fox was fighting for and, thanks to the intervention of his good Mr. President, in an introduction to survival after its spendthrift Cleopatra. A friend Dick Nixon, does an easy five. This, a published series of editorials on labor tough walked right into the office of after the parole board had rejected Hoffa’s America’s gun epidemic, Los Angeles appeal three times in a row. This, in an elec- the new head of the studio to warn him that Times editorial writer and research di- if the picture was ever made drivers would tion year when Nixon has become anathema refuse to deliver the prints to the theaters. to the legitimate labor movement and the rector Molly Selvin, writes: And, if they got there by any other means, Teamsters wind up as his only big-labor sup- People do kill people—but they can do it stink bombs would drive out the audiences. port. more efficiently, more potently and more The Nixon-Hoffa friendship, beginning With Bob Kennedy’s encouragement, I massively with guns. And guns, these days, when Nixon was Vice President, was empha- tried to produce the film myself. One film are killing more people on the streets and in star phoned to say he loved the script, then sized again by his recent attendance at the the homes, schools and workplaces of Amer- came to my house drunk to tell me he was executive board meeting of the Teamsters. ica than ever before***We can let the gun afraid he might be killed if he did it. There And his Secretary of Labor gave fulsome violence continue unabated, or we can do have been ever-increasing ties between the praise to that gang-ridden union at its most something and do something dramatic, effec- mob and some of the film studios and, of recent convention. ‘‘A strange love affair,’’ tive, historic. course, those studios rejected it out of hand. The New York Times has described it. One Finally, I had firm interest from Columbia, might call it something even stranger. Sheri- Ms. Selvin is quite correct. It will dan doesn’t go in much for adjectives. He’s the company that had released On the Water- take dramatic measures to bring an front. On the eve of the meeting with Colum- fact man and his step-by-step account of the bia executives to which I had been invited, Hoffa-Nixon romance will make you want to end to the plague of gun violence. But every one of the people who was to attend weep for an America that is now chal- the Senator from New York is com- that conference received a letter from Wil- lenged—as Bob Kennedy had begun to chal- pelled to point out that the solution liam Bufalino, whose activities on behalf of lenge her—to reach deep down and rediscover proposed by the editorial series—a Hoffa are a matter of record (as Sheridan’s her soul. near-total ban on ownership and pos- Will the dry rot of moral decay leave the book confirms). Bufalino is, among other session of guns—is simply not plau- things, a lawyer, but this letter was disturb- field to the Hoffas, the J.T.T. and the Syn- ingly extra-legal. It stated flatly that 20th dicate? The enemy within seems to grow sible. We have a two-century supply of Century-Fox had wisely abandoned the stronger every day. Whether or not a Jack guns. Unless abused, guns last almost project as soon as all the possible Anderson, a Ralph Nader, a Walter Sheridan indefinitely. Even if we could succeed eventualities had been pointed out to them, can arouse our people from their compla- in banning further production and sale and he felt confident that Columbia would be cency is the question on which the future of guns, it is unrealistic to think that smart enough to do likewise. On the morning course of America may depend. we could reclaim the 200 million guns of the meeting, a studio secretary called to f already in circulation today. tell me that it had been canceled, indefi- nitely. Apparently Hoffa and Bufalino had TRIBUTE TO MR. ELLAND ARCHER On the other hand, we have a very decided what the American people could and Mrs. HUTCHISON. Mr. President, I limited supply of bullets—perhaps only could not see. And the Hollywood ‘‘front of- am pleased to pay tribute to the exem- a four-year supply. I have repeatedly fice’’—notorious for its vincibility—had plary life of Mr. Elland Archer of Mes- attempted to make the case that it is meekly complied. quite, TX. Mr. Archer was born on De- But that was only a taste of the frustra- here we should focus our attention. By tion that Walter Sheridan had suffered over cember 17, 1932 to Frank and Jimmie banning or taxing out of existence the years as he battled against the invisible Archer of Van Zandt County. His early those calibers of bullets used most empire. The jury tampering in Nashville years were spent in Terell and Van often in crime, the millions of guns al- reads like Police Gazette fiction, but it’s all Zandt Counties during the Depression. ready in the hands of criminals would too true. The Chicago trial, in which Jimmy In order to assist his family, he quit soon be rendered useless. Hoffa was finally convicted of stealing more school in the eighth grade and later re- To date, I have had difficulty con- than a million dollars from his Teamsters ceived his GED in the U.S. Army. Pension Fund, is the stuff of high social He served our Nation honorably in vincing the Congress and past and drama. And the trials and tribulations of Ed the U.S. Army from 1953 until 1955 and present administrations of the merits Partin, the big and tough Teamster from of ammunition control. But as we sit Baton Rouge who turned on Hoffa, helped to completed his Army Reserve obligation in 1961 in the rank of private first idly by and watch bullets take the lives convict him, and then was offered a million of nearly 40,000 Americans each year, I dollars if he would perjure himself and re- class. He graduated from Baylor Uni- tract his testimony—or be destroyed if he re- versity Law School in 1963. urge my colleagues to consider this fused; all of this must be read, and then Following his work for the Dallas sensible approach. reread and digested, to be believed. And re- County attorney and district attorney, membered. The incredible cast of those he served as city attorney for the city f working to gain a pardon for Hoffa, and a of Mesquite from 1970–87. From 1989–93, buy-off or conviction of Partin, includes gov- he was the city manager and attorney ernors, federal judges, Louisiana Mafiosi, U.S. ARMY 2D LT. CURT Chicago gangsters, Pension Fund lawyer- for the city of Balch Springs. He was SANSOUCIE—A NEW HAMPSHIRE grafters, senators, congressmen, administra- married for 35 years to the late Vir- HERO tion officials, con-men, sleazy go-betweens. ginia Lois Archer. Even Audie Murphy and George Murphy get Elland Archer passed away on Sep- Mr. SMITH. Mr. President, I rise into the act, not to mention gun-totin’ Wil- tember 1, 1994 and is survived by five today to salute U.S. Army Second liam Loeb and his infamous Teamsters-fi- children and two grandchildren in addi- Lieutenant Curt Sansoucie, from Roch- nanced Manchester Union Leader. tion to his mother and six brothers and ester, NH, who died February 15, 1995, Here is the enemy within, in all its star- sisters. during a training exercise at Eglin Air spangled unglory. The enemy walks among us, not as an un- Mr. Archer will be remembered by his Force Base Ranger School in Florida. derworld fugitive but as an adornment of family and friends for his dedication to The accident that took the life of cafe society, enjoying the best tables in New our Nation, our State, and to the many this fine young man was a terrible York and Miami, Las Vegas, Hollywood and citizens he served during his career. In tragedy for his family and for the State Acapulco. You’ll find him chumming with setting high standards during his pub- the celebrities at Le Club or ‘‘21’’ or the of New Hampshire. Curt is the son of lic service, his life was a model for oth- Gary and Theresa Sansoucie. He grad- Sands, or in the Polo Lounge at the Beverly ers to follow. Hills Hotel. Instead of fearing government uated from Somersworth High School pressure, he’ll boast of his in with the White f where he was a member of the National House. And the ‘‘cream’’ of our society don’t HOMICIDES BY GUNSHOT IN NEW Honor Society and a varsity football shun him, they invite him to their parties. YORK CITY player. And they hope he will return the favor. In this painstaking book, Sheridan faces Mr. MOYNIHAN. Mr. President, I rise I had the privilege of nominating up to the reality that, after all the convic- today, as I have done each week of the Curt to West Point in December 1989.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2959 After graduating in June 1994, he at- ute to our friend and colleague, and INTRODUCTORY REMARKS BY THE TAOISEACH tended Infantry Officer Basic School in join with my colleague Senator SIMP- (IRISH PRIME MINISTER) MR. JOHN BRUTON, Fort Benning, GA, where he completed SON, the chairman of our Immigration TD, AT BELFAST LAUNCHING OF JOINT a Master of Trainer’s Fitness School. Subcommittee, in congratulating Sen- FRAMEWORK DOCUMENT, FEBRUARY 22, 1995 Curt then began Ranger School, where ator SIMON on this well-deserved honor. Today’s new framework for agreement is a soldiers undergo the toughest training Mr. SIMPSON. Mr. President, our landmark event in the affairs of this island. in the forest, mountains, desert, and colleague, Senator PAUL SIMON, will be The two Governments are presenting to swamps to prepare them for extreme honored tomorrow evening by the Lu- the political parties in Northern Ireland, and war conditions. theran Immigration and Refugee Serv- to the Irish and British people, a document which is the most detailed expression to date Curt died doing exactly what he ice for his tireless devotion to the plight of refugees throughout the of our views on the subject of Northern Ire- wanted to do; serving his country in land. the U.S. Army. I extend my deepest world. I want everyone to know how special this award is and how special The Prime Minister and I hope that the sympathies to Curt’s family and Framework Document will receive calm and friends. As a member of the Senate PAUL SIMON is. measured consideration over the days and Armed Services Committee, I am hon- PAUL and I have worked together on weeks ahead. ored to have represented Second Lt. the Immigration Subcommittee since It is an important and serious text, offered Sansoucie and his family in the U.S. he came to the Senate in 1985. He has as an aid to discussion and negotiation. It Senate. Second Lt. Curt Sansoucie become a dear friend. But PAUL SIMON presents our best judgement of what might joins a distinguished list of New Hamp- is also a friend to the millions who suf- be an agreed outcome from future talks in- shire patriots who have given their fer the devastation of tyranny and war. volving the two Governments and the polit- lives in service of their country. He is the unknown benefactor of the ical parties. refugees who have found a safe haven We commend it to the parties for their f on our shores. And he has been a bene- careful consideration and we look forward to HONORING SENATOR PAUL SI- factor of our Nation, for these refugees discussing it in detail with them at the ear- MON’S WORK ON IMMIGRANTS are a revitalizing force among us. liest opportunity. AND REFUGEES We enjoy the warm glow of biparti- May at this point pay a special tribute to my colleague the Ta´ naiste and his officials Mr. KENNEDY. Mr. President, to- sanship on our subcommittee, and we need it. The issue of immigration is po- and to the Northern Ireland Secretary of morrow evening our friend and col- State Patrick Mayhew and his team. Their league, Senator PAUL SIMON, will be litical dynamite and must be dealt determined efforts over many months have honored by the Lutheran Immigration with fairly. PAUL SIMON has been a per- brought us to today’s new framework for and Refugee Service for his many dis- sistent voice of justice and compassion agreement. tinguished years of commitment and on the subcommittee. The proposals which it contains are, we be- The Lutheran Immigration and Ref- achievement on behalf of immigrants lieve, balanced and fair and threaten nobody. ugee Service has served thousands of and refugees. No party need fear this document. This honor is eminently deserved. those new to our shores, and their To the nationalist and republican people, award is an honor and a trust. PAUL Senator SIMON has served with great the document: distinction on the Immigration Sub- SIMON has lived up to that trust. Reaffirms that the British Government The Statue of Liberty enlightens the committee of the Senate Judiciary have no selfish, strategic or economic inter- world, but her torch does not burn Committee since he first came to the est in Northern Ireland and that they will untended. PAUL SIMON has helped keep uphold the democratic wish of a greater Senate in 1985. Throughout his service, her lamp fueled and lit for America’s number of the people of Northern Ireland on he has been an outstanding leader and newest immigrants. the issue of whether they prefer to support defender of our Nation’s long and proud I am so pleased that PAUL’S hard the Union or a sovereign united Ireland. history as a nation of immigrants and work has been recognized with such an Says that the British Government will en- a haven for refugees. He has challenged honor, and I know our colleagues share shrine in its constitutional legislation the all of us to honor this heritage, and to that pleasure. principles embodied in this new framework do all we can to alleviate the plight of for agreement by the amendment of the Gov- victims of oppression throughout the f ernment of Ireland Act of 1920 or by its re- placement by appropriate new legislation. world. PAUL has pursued this vision PEACE IN NORTHERN IRELAND— with integrity, dignity, fairness, and THE FRAMEWORK DOCUMENT It will also be important to nationalists great intelligence and common sense. that both Governments consider that new in- Mr. KENNEDY. Mr. President, today stitutions should be created to cater for In many respects, he has been the the Irish and British Governments re- present and future political, social and eco- conscience of the Senate on immigra- leased their much-anticipated Frame- nomic inter-connections within the island of tion and refugee issues. The 10 yeas in work Document, which offers a fair and Ireland. These institutions will enable rep- which he has so ably served on the sub- balanced approach to moving the resentatives of the main traditions, North committee have been years of major Northern Ireland peace process for- and South, to enter agreed relationships. reform. His steady hand and deep ward. This is the purpose of the North/South body moral conviction have been felt The document imposes nothing on proposed in this document. throughout this process of change. anyone. It reaffirms the solemn guar- To the unionist and loyalist people, I In his book, ‘‘The Glass House,’’ Sen- antee that the consent of the people of would point out that the document commits the Irish Government to ask the electorate ator SIMON observed: ‘‘There are mor- Northern Ireland is the indispensable to change the Irish Constitution. The change ally preferred options, and . . . it is the condition for any future settlement. proposed will address Articles 2 and 3 in the responsibility of humanity and of gov- The great virtue of the document is following ways: ernment to strive toward the good, no that it provides exactly what was It would remove any jurisdictional or ter- matter how erratic and tortuous that promised—a thoughtful and com- ritorial claim of legal right over the terri- path might be’’. PAUL SIMON exempli- prehensive analysis of the fundamental tory of Northern Ireland contrary to the will fies that good, and all of us who have issues. Above all, it offers a solid basis of its people. worked with him are proud of his lead- for moving to the next step—which is It would provide that the creation of a sov- ership. talks among all the parties, and which ereign united Ireland could therefore only His presence in the Senate will be I hope will begin soon. occur in circumstances where a majority of deeply missed when he retires at the Mr. President, I ask unanimous con- the people of Northern Ireland formally end of next year. In all his achieve- sent that today’s statements by Irish chose to be part of a united Ireland. ments, he has reminded us that Amer- Prime Minister John Bruton and Brit- It is also important to unionists that the ica is at its best when it upholds the ish Prime Minister John Major and the document also contains a recognition by both Governments of the legitimacy of what- traditions of fairness, opportunity, and text of the framework document may ever choice is freely exercised by a majority compassion which made our country be printed in the RECORD. of the people of Northern Ireland with regard great. There being no objection, the mate- to its constitutional status, whether they I commend the Lutheran Immigra- rial was ordered to be printed in the prefer to continue to support the Union or a tion and Refugee Service for this trib- RECORD, as follows: sovereign united Ireland.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2960 CONGRESSIONAL RECORD — SENATE February 22, 1995 The proposals will challenge the two tradi- separate document proposing new arrange- The 1985 Agreement was criticised because tions on this island but it will do so in an ments within Northern Ireland—which is of the Northern Ireland parties has not contrib- even-handed way. Neither tradition need fear course a matter for the British Government uted to it. Our new proposals are offered for its contents. As I have emphasized at every and the Northern Ireland parties alone. discussion in the Talks process. We want to appropriate opportunity, it is a framework Our proposals are based on several prin- hear the views of the parties; and we envis- for discussion and not a blueprint to be im- ciples: self-determination, consent, demo- age that their representatives would be for- posed over the heads of anyone. Its purpose cratic and peaceful methods, and respect for mally associated with the future work of the is to facilitate, not pre-empt, dialogue. At the identities of both traditions. Intergovernmental Conference. Consent is and will remain paramount in the end of the day, the people of both North The Intergovernmental Conference would and South respectively will have the final our policy. It is the democratic right and the safe- allow concerns to be expressed about any say. guard of the people of Northern Ireland. problems or breaches of the Agreement. But The document is our carefully considered No proposals for the future would be work- there would be no mechanism for the two response to many suggestions, from the par- able, let alone successful, without the con- Governments jointly to supervise or override ties and others, that it would be helpful to sent and active support of all Northern Ire- either the Northern Ireland Assembly or the have the view of the two Governments as to land’s people. For they are the people who North/South body. It would be for each Gov- what might be an agreed outcome from fu- would carry them out and whose lives would ernment to deal on its own with any prob- ture talks. be affected. lems within its own jurisdiction. This would We are asking the parties to come and talk That is why any eventual settlement must not be a question for joint decision, still less to us, openly and candidly, about these pro- be agreed by the parties; supported by the joint action. It is important to be clear posals. We believe that, taken in the round, people of Northern Ireland in a referendum; about this, as there have been concerns on they offer a basis for structured discussions and approved by Parliament—a triple con- this score. leading to a new agreement. sent procedure. Our two Governments have worked with We believe that they do. It is our hope that Our constitutional matters, each Govern- patient determination to agree on this the political parties, having given them the ment has offered crucial new commitments Framework, and I am grateful to the attention they deserve, will take a similar in this Framework Document: Taoiseach, his predecessor, and the Tanaiste As part of a balanced agreement the Brit- view. for their efforts and their spirit of accommo- ish Government would enshrine its willing- There can be no doubt about the enormous dation. desire on the part of the ordinary pubilc— ness to accept the will of a majority of the Our proposals seek to stimulate construc- here, in the rest of Ireland and in Britain— people of Northern Ireland in British Con- tive and open discussion and give a fresh im- for the earliest possible resumption of polit- stitutional legislation. We shall embody the petus to the political negotiations. The out- ical dialogue. commitments we made in the Downing come of these negotiations will depend, not The ending of all campaigns of para- Street Declaration. on us, but on the consent of the parties, peo- military violence last autumn has created an The Irish government would introduce and ple, and Parliament. unrivalled opportunity for such dialogue to support proposals to change its Constitution, take place with a reasonable prospect of a so that ‘‘no territorial claim of right to ju- It is not for us to impose. But what we pro- successful conclusion. risdiction over Northern Ireland contrary to pose is an end to the uncertainty, instability I join the Prime Minister in appealing to the will of a majority of its people is as- and internal divisions which have bedevilled all the parties concerned to grasp this oppor- serted’’. This is a very important proposal Northern Ireland. that I welcome unreservedly. tunity. For over four years as Prime Minister, I These changes would offer Northern Ire- The Framework Document is our judgment have listened intently to the people of land a constitutional stability which it has of how things can best be taken forward. We Northern Ireland. I have visited them, con- not hitherto enjoyed. Its future status, by sulted them, travelled more widely than any have, in our view, the best opportunity in a agreement between the two governments, predecessor throughout the Province, and generation for a lasting political settlement. would be irrevocably vested in the wishes of held meetings with political leaders, church We owe it to the peoples of both of these is- a majority of its people. lands to put that opportunity to the test. In line with the three-stranded approach, leaders, council leaders, community leaders, we propose new institutions for North/South and people from all walks of life. OPENING STATEMENT BY THE PRIME MINISTER, cooperation. It is my duty as Prime Minister of the UK MR. JOHN MAJOR, AT A JOINT PRESS CON- The North/South body which we outline to maintain the Union for as long as that is FERENCE WITH THE TAOISEACH, MR. JOHN would comprise elected representatives cho- the will of the people. It is a duty in which BRUTON, TO LAUNCH THE JOINT FRAMEWORK sen from a new Northern Ireland Assembly I strongly believe, and one which these pro- DOCUMENT, BELFAST, WEDNESDAY, FEB- and from the Irish Parliament. It would draw posals protect. Just as people cannot be held RUARY 22, 1995 its authority from these two bodies. It would within the Union against their will, so equal- JOINT FRAMEWORK DOCUMENT operate by agreement, and only by agree- ly they will never be asked to leave it in de- There is one reason, above all, why the ment. fiance of the will of the majority. On the UK side, the North/South body Taoiseach and I have come to Belfast today. Consent and free negotiation are funda- would initially be set up by legislation at We wish to offer our proposals here in mental to me, and they are the foundation Westminster, as part of a balanced agree- Northern Ireland—to Northern Ireland’s peo- stones of this Joint Document. ment. It would come into operation fol- ple and their representatives. In the four years of the Talks process, we lowing the establishment of the new Assem- We seek to help peace, but only the people have travelled a long way, but not yet far bly. Thereafter, it would be for the Assembly of Northern Ireland can deliver it. enough. and the Irish Parliament both to operate the So let me say to them: body and to decide whether its functions I know that many people will be worried, These are our ideas, but the future is up to should be extended. perhaps even pessimistic, about the future. you; Like all of our proposals, the new North/ But as we look at the hurdles ahead, let us You have an opportunity now which has South institutions will be a matter for nego- consider where we have come from. not been there for many years; tiation. But the way should now be open for The dialogue of the deaf has ended. An opportunity to work together to build a beneficial co-operation between North and better future and a lasting peace. For four years, we have been engaged in South without the constitutional tensions talks. Our proposals stem from the talks process which have been such impediments in the launched four years ago, in March 1991. The three-stranded approach is becoming a past. We have made suggestions about areas reality. It was agreed then by the two governments which might be covered in this co-operation, and the four participating parties that the to the advantage of both sides. Like all as- The Joint Declaration has been accepted. process would have three strands. It would pects of the document, they will be for dis- The British Government is engaged in seek a new beginning for: cussion and agreement between all con- talks with paramilitaries on both sides. Relationships within Northern Ireland; cerned. We have had nearly six months of peace. Relationships between the North and The European Union, already operates Prosperity and a normal life are returning South of the island of Ireland; cross-border programmes between Northern to Northern Ireland. And relations between the United Kingdom Ireland the Republic, as it does elsewhere. The principle of consent, once accepted and the Republic. We propose that North and South could use- only by Unionists and the British Govern- We agreed that it was only by addressing fully work together in specific areas, to take ment, is today accepted almost everywhere. all these relationships together that agree- advantage of what the EU has to offer. But These are some of the gains for everyone in ment would be found across the community the making of United Kingdom policy and Northern Ireland. in Northern Ireland. the responsibility for representing Northern At this press conference, the Taoiseach and Ireland in the European Union will remain More gains can lie ahead if we have the I are publishing the document ‘A New solely in the hands of the UK Government. courage to conduct ourselves with patience, Framework for Agreement’ which deals with In the third of our Strands, we outline a with foresight and with consideration. the second and third of these strands. A lit- new broader-based agreement to take the To reach our destination, all concerned tle later this morning I shall put forward a place of the 1985 Anglo-Irish Agreement. must be ready to look to the future rather

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2961 than to the past. We must put aside old shib- fair and honourable accommodation can be tion of which would include interlocking and boleths. We must show fairmindedness and envisaged across all the relationships, which mutually supportive institutions across the imagination. would enable people to work constructively three strands, including: The destination I seek is a lasting and for their mutual benefit, without compro- (a) Structures within Northern Ireland (para- peaceful settlement. It is attainable, and I mising the essential principles or the long- graphs 22 and 23)—to enable elected rep- believe we have taken a very important step term aspirations or interests of either tradi- resentatives in Northern Ireland to exercise towards it today. tion or of either community. shared administrative and legislative control 8. Both Governments are aware that the over all those matters that can be agreed A NEW FRAMEWORK FOR AGREEMENT approach in this document presents chal- across both communities and which can (A shared understanding between the British lenges to strongly-held positions on all sides. most effectively and appropriately be dealt and Irish Governments to assist discussion However, a new beginning in relationships with at that level; and negotiation involving the Northern means addressing fundamental issues in a (b) North/South institutions (paragraphs 24- Ireland parties) new way and inevitably requires significant 38)—with clear identity and purpose, to en- movement from all sides. This document is 1. The Joint Declaration acknowledges able representatives of democratic institu- not a rigid blueprint to be imposed but both that the most urgent and important issue tions, North and South, to enter into new, Governments believe it sets out a realistic facing the people of Ireland, North and co-operative and constructive relationships; and balanced framework for agreement South, and the British and Irish Govern- to promote agreement among the people of which could be achieved, with flexibility and ments together, is to remove the causes of the island of Ireland; to carry out on a demo- goodwill on all sides, in comprehensive nego- conflict, to overcome the legacy of history cratically accountable basis delegated execu- tiations with the relevant political parties in and to heal the divisions which have re- tive, harmonising and consultative functions Northern Ireland. In this spirit, both Govern- sulted. over a range of designated matters to be ments offer this document for consideration 2. Both Governments recognize that there agreed; and to serve to acknowledge and rec- and accordingly strongly commend it to the is much for deep regret on all sides in the oncile the rights, identities and aspirations parties, the people in the island of Ireland long and often tragic history of Anglo-Irish of the two major traditions; and more widely. relations, and of relations in Ireland. They (c) East-West structures (paragraphs 39–49)— 9. The primary objective of both Govern- believe it is now time to lay aside, with dig- to enhance the existing basis for co-oper- ments in their approach to Northern Ireland nity and forbearance, the mistakes of the ation between the two Governments, and to is to promote and establish agreement past. A collective effort is needed to create, promote, support and underwrite the fair and among the people of the island of Ireland, through agreement and reconciliation, a new effective operation of the new arrangements. building on the Joint Declaration. To this beginning founded on consent, for relation- end they will both deploy their political re- CONSTITUTIONAL ISSUES ships within Northern Ireland, within the is- sources with the aim of securing a new and 14. Both Governments accept that agree- land of Ireland and between the peoples of comprehensive agreement involving the rel- ment on an overall settlement requires, inter these islands. The Joint Declaration itself evant political parties in Northern Ireland alia, a balanced accommodation of the dif- represents an important step towards this and commanding the widest possible support. fering views of the two main traditions on goal, offering the people of Ireland, North 10. They take as guiding principles for the constitutional issues in relation to the and South, whatever their tradition, the their co-operation in search of this agree- special position of Northern Ireland. basis to agree that from now on their dif- ment: ferences can be negotiated and resolved ex- 15. Given the absence of consensus and (i) the principle of self-determination, as depth of divisions between the two main tra- clusively by peaceful political means. set out in the Joint Declaration; 3. The announcements made by the Irish ditions in Northern Ireland, the two Govern- (ii) that the consent of the governed is an ments agree that such an accommodation Republican Army on 31 August 1994 and the essential ingredient for stability in any po- Combined Loyalist Military Command on 13 will involve an agreed new approach to the litical arrangement; traditional constitutional doctrines on both October 1994 are a welcome response to the (iii) that agreement must be pursued and sides. This would be aimed at enhancing and profound desire of people throughout these established by exclusively democratic, codifying the fullest attainable measure of islands for a permanent end to the violence peaceful means, without resort to violence or consent across both traditions in Ireland and which caused such immense suffering and coercion; fostering the growth of consensus between waste and served only to reinforce the bar- (iv) that any new political arrangements them. riers of fear and hatred, impeding the search must be based on full respect for, and protec- for agreement. tion and expression of, the rights and identi- 16. In their approach to Northern Ireland 4. A climate of peace enables the process of ties of both traditions in Ireland and even- they will apply the principle of self-deter- healing to begin. It transforms the prospects handedly afford both communities in North- mination by the people of Ireland on the for political progress, building on that al- ern Ireland party of esteem and treatment basis set out in the Joint Declaration: the ready made in the Talks process. Everyone including equality of opportunity and advan- British Government recognise that it is for now has a role to play in moving irreversibly tage. the people of Ireland alone, by agreement be- beyond the failures of the past and creating 11. They acknowledge that in Northern Ire- tween the two parts respectively and with- new relationships capable of perpetuating land, unlike the situation which prevails out external impediment, to exercise their peace with freedom and justice. elsewhere throughout both islands, there is a right of self-determination on the basis of 5. In the Joint Declaration both Govern- fundamental absence of consensus about con- consent, freely and concurrently given. ments set themselves the aid of fostering stitutional issues. There are deep divisions North and South, to bring about a united Ire- agreement and reconciliation, leading to a between the members of the two main tradi- land, if that is their wish; the Irish Govern- new political framework founded on consent. tions living there over their respective sense ment accept that the democratic right of A vital dimension of this three-stranded of identity and allegiance, their views on the self-determination by the people of Ireland process is the search, through dialogue with present status of Northern Ireland and their as a whole must be achieved and exercised the relevant Northern Ireland parties, for vision of future relationships in Ireland and with and subject to the agreement and con- new institutions and structures to take ac- between the two islands. However, the two sent of a majority of the people of Northern count of the totality of relationships and to Governments also recognize that the large Ireland. enable the people of Ireland to work together majority of people, in both parts of Ireland, 17. New arrangements should be in accord- in all areas of common interest while fully are at one in their commitment to the demo- ance with the commitments in the Anglo- respecting their diversity. cratic process and in their desire to resolve Irish Agreement and in the Joint Declara- 6. Both Governments are conscious of the political differences by peaceful means. tion. They should acknowledge that it would widespread desire, throughout both islands 12. In their search for political agreement, be wrong to make any change in the status and more widely, to see negotiations under- based on consent, the two Governments are of Northern Ireland save with the consent of way as soon as possible. They also acknowl- determined to address in a fresh way all of a majority of the people of Northern Ireland. edge the many requests, from parties in the relationships involved. Their aim is to If in future a majority of the people there Northern Ireland and elsewhere, for both overcome the legacy of division by recon- wish for and formally consent to the estab- Governments to set out their views on how ciling the rights of both traditions in the lishment of a united Ireland, the two Gov- agreement might be reached on relationships fullest and most equitable manner. They will ernments will introduce and support legisla- within the island of Ireland and between the continue to work towards and encourage the tion to give effect to that wish. peoples of these islands. achievement of agreement, so as to realise 18. Both Governments recognize that 7. In this Framework Document both Gov- the goal set out in the statement of 26 March Northern Ireland’s current constitutional ernments therefore describe a shared under- 1991 of ‘‘a new beginning for relationships status reflects and relies upon the present standing reached between them on the pa- within Northern Ireland, with the island of wish of a majority of its people. They also rameters of a possible outcome to the Talks Ireland and between the peoples of these is- acknowledge that at present a substantial process, consistent with the Joint Declara- lands’’. minority of its people wish for a united Ire- tion and the statement of 26 March 1991. 13. The two Governments will work to- land. Reaffirming the commitment to en- Through this they hope to give impetus and gether with the parties to achieve a com- courage, facilitate and enable the achieve- direction to the process and to show that a prehensive accommodation, the implementa- ment of agreement over a period among all

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2962 CONGRESSIONAL RECORD — SENATE February 22, 1995 the people who inhabit the island, they ac- Constitution will fully reflect the principle provide for a clear institutional identity and knowledge that the option of a sovereign of consent in Northern Ireland and demon- purpose for the North/South body.It would united Ireland does not command the con- strably be such that no territorial claim of also establish the body’s terms of reference, sent of the unionist tradition, nor does the right to jurisdiction over Northern Ireland legal status and arrangements for political, existing status of Northern Ireland command contrary to the will of a majority of its peo- legal, administrative and financial account- the consent of the nationalist tradition. ple is asserted, while maintaining the exist- ability. The North/South body could operate Against this background, they acknowledge ing birthright of everyone born in either ju- through, or oversee, a range of functionally- the need for new arrangements and struc- risdiction in Ireland to be part, as of right, of related subsidiary bodies or other entities es- tures—to reflect the reality of diverse aspi- the Irish nation. They will enable a new tablished to administer designated functions rations, to reconcile as fully as possible the Agreement to be ratified which will include, on an all-island or cross-border basis. rights of both traditions, and to promote co- as part of a new and equitable dispensation 26. Specific arrangements would need to be operation between them, so as to foster the for Northern Ireland embodying the prin- developed to apply to EU matters. Any EU process of developing agreement and con- ciples and commitments in the Joint Dec- matter relevant to the competence of either sensus between all the people of Ireland. laration and this Framework Document, rec- administration could be raised for consider- 19. They agree that future arrangements ognition by both Governments of the legit- ation in the North/South body. Across all relating to Northern Ireland, and Northern imacy of whatever choices is freely exercised designated matters and in accordance with Ireland’s wider relationships, should respect by a majority of the people of Northern Ire- the delegated functions, both Governments the full and equal legitimacy and worth of land with regard to its constitutional status, agree that the body will have an important one identity, sense of allegiance, aspiration whether they prefer to continue to support role, with their support and co-operation and and ethos of both the unionist and nation- the Union or a sovereign united Ireland. in consultation with them, in developing on alist communities there. Consequently, both a continuing basis an agreed approach for STRUCTURES IN NORTHERN IRELAND Governments commit themselves to the the whole island in respect of the challenges principle that institutions and arrangements 22. Both Governments recognize that new and opportunities of the European Union. In in Northern Ireland and North/South institu- political structures within Northern Ireland respect of matters designated at the execu- tions should afford both communities secure must depend on the co-operation of elected tive level, which would include all EC pro- and satisfactory political, administrative representatives there. They confirm that grammes and initiatives to be implemented and symbolic expression and protection. In cross-community agreement is an essential on a cross-border or island-wide basis in Ire- particular, they commit themselves to en- requirement for the establishment and oper- land, the body itself would be responsible, trenched provisions guaranteeing equitable ation of such structures. They strongly fa- subject to the Treaty obligations of each and effective political participation for vour and will support provision for cross- Government, for the implementation and whichever community finds itself in a mi- community consensus in relation to deci- management of EC policies and programmes nority position by reference to the Northern sions affecting the basic rights, concerns and on a joint basis. This would include the prep- Ireland framework, or the wider Irish frame- fundamental interests of both communities, aration, in consultation with the two Gov- work, as the case may be, consequent upon for example on the lines adumbrated in ernments, of joint submissions under EC pro- the operation of the principle of consent. Strand 1 discussions in the 1992 round-table grammes and initiatives and their joint mon- 20. The British Government reaffirm that talks. itoring and implementation, although indi- 23. While the principles and overall context they will uphold the democratic wish of a vidual projects could be implemented either for such new structures are a recognized con- greater number of the people of Northern jointly or separately. Ireland on the issue of whether they prefer cern of both Governments in the exercise of 27. Both Governments envisage regular and to support the Union or a sovereign united their respective responsibilities, they con- frequent meetings of the North/South body: Ireland. On this basis, they reiterate that sider that the structures themselves would To discharge the functions agreed for it in they have no selfish strategic or economic be most effectively negotiated, as part of a relation to a range of matters designated for interest in Northern Ireland. For as long as comprehensive three-stranded process, in di- treatment on an all-Ireland or cross-border the democratic wish of the people of North- rect dialogue involving the relevant political basis: ern Ireland is for no change in its present parties in Northern Ireland who would be To oversee the work of subsidiary bodies. status, the British Government pledge that called upon to operate them. 28. The two Governments envisage that their jurisdiction there will be exercised NORTH/SOUTH INSTITUTIONS legislation in the sovereign Parliaments with rigorous impartiality on behalf of all 24. Both Governments consider that new should designate those functions which the people of Northern Ireland in their diver- institutions should be created to cater ade- should, from the outset, be discharged or sity. It will be founded on the principles out- quately for present and future political, so- overseen by the North/South body; and they lined in the previous paragraph with empha- cial and economic inter-connections on the will seek agreement on these, as on other sis on full respect for, and equality of, civil, island of Ireland, enabling representatives of features of North/South arrangements, in political, social and cultural rights and free- the main traditions, North and South, to discussion with the relevant political parties dom from discrimination for all citizens, on enter agreed dynamic, new, co-operative and in Northern Ireland. It would also be open to parity of esteem, and on just and equal constructive relationships. the North/South body to recommend to the treatment for the identity, ethos and aspira- 25. Both Governments agree that these in- respective administrations and legislatures tions of both communities. The British Gov- stitutions should include a North/South body for their consideration that new functions ernment will discharge their responsibilities involving Heads of Department on both sides should be designated to be discharged or in a way which does not prejudice the free- and duly established and maintained by leg- overseen by that body; and to recommend dom of the people of Northern Ireland to de- islation in both sovereign Parliaments. This that matters already designated should be termine, by peaceful and democratic means, body would bring together these Heads of De- moved on the scale between consultation, its future constitutional status, whether in partment representing the Irish Government harmonization and executive action. Within remaining a part of the United Kingdom or and new democratic institutions in Northern those responsibilities transferred to new in- in forming part of a united Ireland. They will Ireland, to discharge or oversee delegated ex- stitutions in Northern Ireland, the British be equally cognizant of either option and ecutive, harmonising or consultative func- Government have no limits of their own to open to its democratic realization, and will tions, as appropriate, over a range of matters impose on the nature and extent of functions not impede the latter option, their primary which the two Governments designate in the which could be agreed for designation at the interest being to see peace, stability and rec- first instance in agreement with the parties outset or, subsequently, between the Irish onciliation established by agreement among or which the two administrations, North and Government and the Northern Ireland ad- the people who inhabit the island. This new South, subsequently agree to designate. It is ministration. Both Governments expect that approach for Northern Ireland, based on the envisaged or overseen by the North/South significant responsibilities, including mean- continuing willingness to accept the will of a body, whether by executive action, ingful functions at executive level, will be a majority of the people there, will be en- harmonisation or consultation, account will feature of such agreement. The British Gov- shrined in British constitutional legislation be taken of: ernment believe that, in principle, any func- embodying the principles and commitments i the common interest in a given matter on tion devolved to the institutions in Northern in the Joint Declaration and this Framework the part of both parts of the island; or Ireland could be so designated, subject to Document, either by amendment of the Gov- ii the mutual advantage of addressing a any necessary savings in respect of the Brit- ernment of Ireland Act 1920 or by its replace- matter together; or ish Government’s powers and duties, for ex- ment by appropriate new legislation, and ap- iii the mutual benefit which may derive ample to ensure compliance with EU and propriate new provisions entrenched by from it being administered by the North/ international obligations. The Irish Govern- agreement. South body; or ment also expect to designate a comparable 21. As part of an agreement confirming the iv the achievement of economies of scale range of functions. foregoing understanding between the two and the avoidance of unnecessary duplica- 29. Although both Governments envisage Governments on constitutional issues, the tion of effort. that representatives of North and South in Irish Government will introduce and support In relevant posts in each of the two admin- the body could raise for discussion any mat- proposals for changes in the Irish Constitu- istrations participation in the North/South ter of interest to either side which falls with- tion to implement the commitments in the body would be a duty of service. Both Gov- in the competence of either administration, Joint Declaration. These change in the Irish ernments believe that the legislation should it is envisaged, as already mentioned, that

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2963 its designated functions would fall into three by legislation in the two sovereign Par- nance of effective security co-operation be- broad categories: liaments. They would exercise their powers tween the two Governments. consultative: the North/South body would in accordance with the rules for democratic 43. Both Governments believe that there be a forum where the two sides would con- authority and accountability for this func- should also be provision in the Agreement sult on any aspect of designated matters on tion in force in the Oireachtas and in new in- for developing co-operation between the two which either side wished to hold consulta- stitutions in Northern Ireland. The oper- Governments and both islands on a range of tions. Both sides would share a duty to ex- ation of the North/South body’s functions ‘‘East-West’’ issues and bilateral matters of change information and to consult about ex- would be subject to regular scrutiny in mutual interest not covered by other specific isting and future policy, though there would agreed political institutions in Northern Ire- arrangements, either through the Anglo- be no formal requirement that agreement land and the Oireachtas respectively. Irish Intergovernmental Council, the Con- would be reached or that policy would be 36. Both Governments expect that there ference or otherwise. harmonized or implemented jointly, but the would be a Parliamentary Forum, with rep- 44. Both Governments accept that issues of development of mutual understanding or resentatives from agreed political institu- law and order in Northern Ireland are closely common or agreed positions would be the tions in Northern Ireland and members of intertwined with the issues of political con- general goal; the Oireachtas, to consider a wide range of sensus. For so long as these matters are not harmonising: in respect of these designated matters of mutual interest. devolved, it will be for the Governments to responsibilities there would be, in addition 37. Both Governments envisage that the consider ways in which a climate of peace, to the duty to exchange information and to framework would include administrative new institutions and the growth of political consult of the formulation of policy, an obli- support staffed jointly by members of the agreement may offer new possibilities and gation on both sides to use their best endeav- Northern Ireland Civil Service and the Irish opportunities for enhancing community ors to reach agreement on a common policy Civil Service. They also envisage that both identification with policing in Northern Ire- and to make determined efforts to overcome administrations will need to arrange finance land, while maintaining the most effective any obstacles in the way of that objective, for the North/South body and its agencies on possible deployment of the resources of each even though its implementation might be the basis that these constitute a necessary Government in their common determination undertaken by the two administrations sepa- public function. to combat crime and prevent any possible re- rately; 38. Both Governments envisage that this course to the use or threat of violence for po- executive: in the case of these designated new framework should serve to help heal the litical ends, from any source whatsoever. responsibilities the North/South body would divisions among the communities on the is- 45. The Governments envisage that mat- itself be directly responsible for the estab- land of Ireland; provide a forum for acknowl- ters for which responsibility is transferred to lishment of an agreed policy and for its im- edging the respective identities and require- new political institutions in Northern Ire- plementation on a joint basis. It would how- ments of the two major traditions: express land will be excluded from consideration in ever be open to the body, where appropriate, and enlarge the mutual acceptance of the va- the Conference, except to the extent that the to agree that the implementation of the lidity of those traditions; and promote un- continuing responsibilities of the Secretary agreed policy would be undertaken either by derstanding and agreement among the people of State for Northern Ireland are relevant, or existing bodies, acting in an agency capac- and institutions in both parts of the island. that cross-border aspects of transferred ity, whether jointly or separately, North and The remit of the body should be dynamic, en- issues are not otherwise provided for, or in South, or by new bodies specifically created abling progressive extension by agreement of the circumstances described in the following and mandated for this purpose. its functions to new areas. Its role should de- paragraph. 46. The Intergovernmental Conference will 30. In this light, both Governments are velop to keep pace with the growth of har- be a forum for the two Governments jointly continuing to give consideration to the monization and with greater integration be- to keep under review the workings of the range of functions that might, with the tween the two economies. Agreement and to promote, support and un- agreement of the parties, be designated at EAST-WEST STRUCTURES the outset and accordingly they will be derwrite the fair and effective operation of ready to make proposals in that regard in fu- 39. Both Governments envisage a new and all its provisions and the new arrangements ture discussions with the relevant Northern more broadly-based Agreement, developing established under it. Where either Govern- Ireland parties. and extending their co-operation, reflecting ment considers that any institution, estab- 31. By way of illustration, it is intended the totality of relationships between the two lished as part of the overall accomodation. Is that these proposals would include at the ex- islands, and dedicated to fostering co-oper- not properly functioning within the Agree- ecutive level a range of functions, clearly de- ation, reconciliation and agreement in Ire- ment or that a breach of the Agreement has fined in scope, from within the following land at all levels. otherwise occurred. The conference shall broad categories: 40. They intend that under such a new consider the matter on the basis of 3 shared Sectors involving a natural or physical all- Agreement a standing Intergovernmental commitment to arrive at a common position Ireland framework; Conference will be maintained, chaired by or, where that is not possible, to agree a pro- EC programmes and initiatives; the designated Irish Minister and by the Sec- cedure to resolve the difference between Marketing and promotion activities retary of State for Northern Ireland. It them. If the two Governments conclude that abroad; would be supported by a Permanent Secre- a breach has occurred in any of the above Culture and heritage. tariat of civil servants from both Govern- circumstances, either Government may 32. Again, by way of illustration, the Gov- ments. make proposals for remedy and adequate ernments would make proposals at the 41. The Conference will be a forum through measures to redress the situation shall be harmonising level for a broader range of which the two Governments will work to- taken. However, each Government will be re- functions, clearly defined in scope (including gether in pursuance of their joint objectives sponsible for the implementation of such as appropriate, relevant EU aspects; from of securing agreement and reconciliation measures of redress within its own jurisdic- within the following categories: amongst the people of the island of Ireland tion. There would be no derogation from the Aspects of—agriculture and fisheries; in- and of laying the foundations for a peaceful sovereignty of either Government; each will dustrial development; consumer affairs; and harmonious future based on mutual retain responsibility for the decisions and transport; energy; trade; health; social wel- trust and understanding between them. administration of government within its own fare; education; and economic policy. 42. The Conference will provide a con- jurisdiction. 33. By way of example, the category of ag- tinuing institutional expression for the Irish 47. In the event that devolved institutions riculture and fisheries might include agricul- Government’s recognized concern and role in in Northern Ireland ceased to operate, and tural and fisheries research, training and ad- relation to Northern Ireland. The Irish Gov- direct rule from Westminster was reintro- visory services, and animal welfare; health ernment will put forward views and pro- duced, the British Government agree that might include co-operative ventures in med- posals on issues falling within the ambit of other arrangements would be made to imple- ical, paramedical and nursing training, the new Conference or involving both Gov- ment the commitment to promote co-oper- cross-border provision of hospital services ernments, and determined efforts will be ation at all levels between the people, North and major emergency/accident planning; and made to resolve any differences between the and South, representing both traditions in education might include mutual recognition two Governments. The Conference will be Ireland, as agreed by the two Governments of teacher qualifications, co-operative ven- the principal instrument for an intensifica- in the Joint Declaration, and to ensure that tures in higher education, in teacher train- tion of the co-operation and partnership be- the co-operation that had been developed ing, in education for mutual understanding tween both Governments, with particular through the North/South body be main- and in education for specialized needs. reference to the principles contained in the tained. 34. The Governments also expect that a Joint Declaration, in this Framework Docu- 48. Both Governments envisage that rep- wide range of functions would be designated ment and in the new Agreement, on a wide resentatives of agreed political institutions at the consultative level. range of issues concerned with Northern Ire- in Northern Ireland may be formally associ- 35. Both Governments envisage that all de- land and with the relations between the two ated with the work of the Conference, in a cisions within the body would be by agree- parts of the island of Ireland. It will facili- manner and to an extent to be agreed by ment between the two sides. The Heads of tate the promotion of lasting peace, sta- both Governments after consultation with Department on each side would operate with- bility, justice and reconciliation among the them. This might involve giving them ad- in the overall terms of references mandated people of the island of Ireland and mainte- vance notice of what is to be discussed in the

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2964 CONGRESSIONAL RECORD — SENATE February 22, 1995 Conference, enabling them to express views be examined in the most comprehensive at- REPORT OF A DEFERRAL AND RE- to either Government and inviting them to tainable negotiations with democratically SCISSIONS AFFECTING THE DE- participate in various aspects of the work of mandated political parties in Northern Ire- PARTMENT OF HEALTH AND the Conference. Other more structured ar- land which abide exclusively by peaceful HUMAN SERVICES—MESSAGE rangements could be devised by agreement. means and wish to join in dialoque on the 49. The Conference will also be a frame- way ahead. FROM THE PRESIDENT—PM 21 work for consultation and coordination be- 55. Both Governments intend that the out- tween both Governments and the new North/ come of these negotiations will be submitted The PRESIDING OFFICER laid be- South institutions, where the wider role of for democratic ratification through referen- fore the Senate the following message the two Governments is particularly rel- dums, North and South. from the President of the United evant to the work of those institutions, for 56. Both Governments believe that the States, together with an accompanying example in a coordinated approach on EU present climate of peace, which owes much report; pursuant to the order of Janu- issues. It would be for consideration by both to the imagination, courage and steadfast- ary 30, 1975, as modified by the order of Governments, in consultation with the rel- ness of all those who have suffered from vio- lence, offers the best prospect for the Gov- April 11, 1986; referred jointly to the evant parties in the North, or with the insti- Committee on the Budget, the Com- tutions after they have been established, ernments and the parties in Northern Ireland whether to achieve this through formal or ad to work to secure agreement and consent to mittee on Appropriations, the Com- hoc arrangements. a new political accommodation. To accom- mittee on Finance, the Committee on plish that would be an inestimable prize for PROTECTION OF RIGHTS Labor and Human Resources, and the all, and especially for people living in North- 50. There is a large body of support, tran- Committee on Environment and Public ern Ireland, who have so much to gain from scending the political divide, for the com- Works; as follows: such an accommodation, in which the divi- prehensive protection and guarantee of fun- sions of the past are laid aside forever and To the Congress of the United States: damental human rights. Acknowledging this, differences are resolved by exclusively polit- both Governments envisage that the ar- In accordance with the Congressional ical means. Both Governments believe that a rangements set out in this Framework Docu- new political dispensation, such as they set Budget and Impoundment Control Act ment will be complemented and underpinned out in this Framework Document, achieved of 1974, I herewith report one revised by an explicit undertaking in the Agreement through agreement and reconciliation and deferral, totaling $7.3 million, and two on the part of each Government, equally, to founded on the principle of consent, would revised rescission proposals, totaling ensure in its jurisdiction in the island of Ire- achieve that objective and transform rela- land, in accordance with its constitutional $106.7 million. tionships in Northern Ireland, in the island arrangements, the systematic and effective of Ireland and between both islands. The revised deferral affects the De- protection of common specified civil, polit- 57. With agreement, co-operation to the partment of Health and Human Serv- ical, social and cultural rights. They will dis- mutual benefit of all living in Ireland could ices. The revised rescission proposals cuss and seek agreement with the relevant develop without impediment, attaining its affect the Department of Education political parties in Northern Ireland as to full potential for stimulating economic what rights should be so specified and how and the Environmental Protection growth and prosperity. New arrangements Agency. they might best be further protected, having could return power, authority and responsi- WILLIAM J. CLINTON. regard to each Government’s overall respon- bility to locally-elected representatives in sibilities including its international obliga- Northern Ireland on a basis acceptable to THE WHITE HOUSE, February 22, 1995. tions. Each Government will introduce ap- both sides of the community, enabling them propriate legislation in its jurisdiction to to work together for the common welfare f give effect to any such measure of agree- and interests of all the community. The di- ment. versity of identities and allegiances could be 51. In addition, both Governments would regarded by all as a source of mutual enrich- WORKING WAGE INCREASE ACT— encourage democratic representatives from ment, rather than a threat to either side. MESSAGE FROM THE PRESI- both jurisdictions in Ireland to adopt a Char- The divisive issue of sovereignty might cease DENT—PM 22 ter or Covenant, which might reflect and en- to be symbolic of the domination of one com- dorse agreed measures for the protection of munity over another. It would instead be for The PRESIDING OFFICER laid be- the fundamental rights of everyone living in decision under agreed ground-rules, fair and fore the Senate a message from the Ireland. It could also pledge a commitment balanced towards both aspirations, through a to mutual respect and to the civil rights and President of the United States, a draft process of democratic persuasion governed religious liberties of both communities, in- of proposed legislation to amend the by the principle of consent rather than by cluding: The right of free political thought, Fair Labor Standards Act of 1938 to in- threat, fear or coercion. In such cir- the right to freedom and expression of reli- cumstances the Governments hope that the crease the minimum wage rate under gion, the right to pursue democratically na- relationship between the traditions in North- that act; which was referred to the tional and political aspirations, the right to ern Ireland could become a positive bond of Committee on Labor and Human Re- seek constitutional change by peaceful and further understanding, co-operation and sources; as follows: legitimate means, the right to live wherever amity, rather than a source of contention, one chooses without hindrance, the right to between the wider British and Irish democ- To the Congress of the United States: equal opportunity in all social and economic racies. I am pleased to transmit for your im- activity, regardless of class, creed, gender or 58. Accordingly the British and Irish Gov- mediate consideration and enactment colour. ernments offer for consideration and strong- 52. This Charter or Covenant might also the ‘‘Working Wage Increase Act of ly commend these proposals, trusting that, contain a commitment to the principle of 1995.’’ with generosity and goodwill, the peoples of consent in the relationships between the two these islands will build on them a new and This draft bill would amend the Fair traditions in Ireland. It could incorporate lasting agreement. also an enduring commitment on behalf of Labor Standards Act to increase the all the people of the island to guarantee and f minimum wage in two 45 cents steps— protect the rights, interests, ethos and dig- MESSAGES FROM THE PRESIDENT from the current rate of $4.25 an hour nity of the unionist community in any all- to $4.70 an hour on July 4, 1995, and to Ireland framework that might be developed Messages from the President of the $5.15 an hour after July 3, 1996. The pat- with consent in the future, to at least the United States were communicated to tern of the proposed increase is iden- same extent as provided for the nationalist the Senate by Mr. Thomas, one of his tical to that of the last increase, which community in the context of Northern Ire- secretaries. passed the Congress with a broad bipar- land under the structures and provisions of f the new Agreement. tisan majority and was signed by Presi- 53. The Covenant might also affirm on be- EXECUTIVE MESSAGES REFERRED dent Bush in 1989. The first increment half of all traditions in Ireland a solemn As in executive session the Presiding of the proposal simply restores the commitment to the exclusively peaceful res- Officer laid before the Senate messages minimum wage to its real value fol- olution of all differences between them in- lowing the change enacted in 1989. cluding in relation to all issues of self-deter- from the President of the United mination, and a solemn repudiation of all re- States submitting sundry nominations If the Congress does not act now, the course to violence between them for any po- which were referred to the appropriate minimum wage will fall to its lowest litical end or purpose. committees. real level in 40 years. That would dis- CONCLUSION (The nominations received today are honor one of the great promises of 54. Both Governments agree that the issues printed at the end of the Senate pro- American life—that everyone who set out in this Framework Document should ceedings.) works hard can earn a living wage.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2965 More than 11 million workers would of self-employed individuals, to repeal the birds, and for other purposes; to the Com- benefit under this proposal, and a full- provision permitting nonrecognition of gain mittee on Environment and Public Works. time, year-round worker at the min- on sales and exchanges effectuating policies By Mr. BOND: imum wage would get a $1,800 raise— of the Federal Communications Commission, S. 459. A bill to provide surveillance, re- and for other purposes; to the Committee on search, and services aimed at prevention of the equivalent of 7 months of groceries Finance. birth defects, and for other purposes; to the for the average family. f Committee on Labor and Human Resources. To reform the Nation’s welfare sys- By Mr. FORD: tem, we should make work pay, and MEASURES PLACED ON THE S. 460. A bill to amend title 23, United this legislation would help achieve that CALENDAR States Code, to ensure equity in the extent result. It would offer a raise to families The following bill was read the sec- to which businesses located near Interstate and Federal-aid primary highways may erect that are working hard, but struggling ond time and placed on the calendar: to make ends meet. Most individuals outdoor advertising signs, displays, and de- S. 376. A bill to resolve the current labor vices, and for other purposes; to the Com- earning the minimum wage are adults, dispute involving major league baseball, and mittee on Environment and Public Works. and the average worker affected by this for other purposes. By Mr. GORTON: proposal brings home half of the fam- f S. 461. A bill to authorize extension of time ily’s earnings. Numerous empirical limitation for a FERC-issued hydroelectric EXECUTIVE REPORTS OF studies indicate that an increase in the license; to the Committee on Energy and COMMITTEES minimum wage of the magnitude pro- Natural Resources. posed would not have a significant im- The following executive reports of By Mr. FEINGOLD: pact on employment. The legislation committees were submitted: S. 462. A bill to provide for the temporary suspension of the reformulated gasoline rules By Mr. THURMOND, from the Committee would ensure that those who work hard under the Clean Air Act; to the Committee on Armed Services: and play by the rules can live with the on Environmental and Public Works. General James B. Davis, United States Air dignity they have earned. By Mr. BREAUX: Force, Retired, of Florida, to be a Member of S. 463. A bill to amend title 28, United I urge the Congress to take prompt the Defense Base Closure and Realignment States Code, with respect to the treatment and favorable action on this legisla- Commission for a term expiring at the end of of certain transportation and subsistence ex- tion. the first session of the 104th Congress, vice penses of retired judges; to the Committee WILLIAM J. CLINTON. Beverly Butcher Byron, term expired. on Finance. THE WHITE HOUSE, February 13, 1995. Wendi Louise Steele, of Texas, to be a Member of the Defense Base Closure and Re- f f alignment Commission for a term expiring MESSAGE FROM THE HOUSE at the end of the first session of the 104th STATEMENTS ON INTRODUCED At 2:24 p.m., a message from the Congress, vice Harry C. McPherson, Jr., term expired. BILLS AND JOINT RESOLUTIONS House of Representatives, delivered by Benjamin F. Montoya, of New Mexico, to By Mr. SIMON (for himself, Mr. one of its reading clerks, announced be a Member of the Defense Base Closure and COCHRAN, Mr. KENNEDY, Mr. that the House has passed the fol- Realignment Commission for a term expiring D’AMATO, Mr. PACKWOOD, and lowing bills, in which it requests the at the end of the first session of the 104th Mr. HATFIELD): concurrence of the Senate: Congress, vice Arthur Levitt, Jr., term ex- S. 457. A bill to amend the Immigra- H.R. 7. An act to revitalize the national se- pired. S. Lee Kling, of Maryland, to be a Member tion and Nationality Act to update ref- curity of the United States; of the Defense Base Closure and Realignment H.R. 667. An act to control crime by incar- erences in the classification of children Commission for a term expiring at the end of cerating violent criminals; for purposes of U.S. immigration laws; the first session of the 104th Congress, vice H.R. 728. An act to control crime by pro- to the Committee on the Judiciary. Hansford T. Johnson, term expired. viding law enforcement block grants; and Alton W. Cornella, of South Dakota, to be LEGISLATION TO FACILITATE INTERNATIONAL H.R. 831. An act to amend the Internal a Member of the Defense Base Closure and ADOPTIONS Revenue Code of 1986 to permanently extend Realignment Commission for a term expiring Mr. SIMON. Mr. President, I rise the deduction for the health insurance costs at the end of the first session of the 104th today to introduce legislation to help of self-employed individuals, to repeal the Congress, vice Peter B. Bowman, term ex- provision permitting nonrecognition of gain individuals trying to adopt a child pired. on sales and exchanges effectuating policies from a foreign country. Rebecca G. Cox, of California, to be a Mem- of the Federal Communications Commission, The adoption landscape has changed ber of the Defense Base Closure and Realign- and for other purposes. ment Commission for a term expiring at the dramatically in this country over the The message also announced that end of the first session of the 104th Congress. past 25 years. While international pursuant to the provisions of 22 United (Reappointment) adoptions continue to be a small part States Code, 1928a, the Speaker ap- (The above nominations were re- of total U.S. adoptions—about 15 per- points the following Members to the ported with the recommendation that cent—thousands of Americans pursue United States Group of the North At- they be confirmed, subject to the nomi- them every year. lantic Assembly on the part of the nees’ commitment to respond to re- Our law regarding international House: Mr. BEREUTER, Chairman, Mr. quests to appear and testify before any adoption is in a state of some confu- SOLOMON, Vice Chairman, Mr. REGULA, duly constituted committee of the Sen- sion. U.S. law requires that a child be Mr. BATEMAN, Mr. BLILEY, Mr. BOEH- ate.) certified as an orphan in order to be el- igible for adoption by an American and LERT, Mrs. MEYERS of Kansas, and Mrs. f ROUKEMA. for an immigrant visa to the United INTRODUCTION OF BILLS AND States. This can be accomplished in f JOINT RESOLUTIONS one of two ways: proof that both par- MEASURES REFERRED The following bills and joint resolu- ents are dead or; irrevocable release by The following bills were read the first tions were introduced, read the first a sole parent for adoption and emigra- and second times by unanimous con- and second time by unanimous con- tion. Under U.S. law, a sole parent is sent and referred as indicated: sent, and referred as indicated: the mother of an illegitimate child. H.R. 7. An act to revitalize the national se- By Mr. SIMON (for himself, Mr. COCH- Many countries, however, have stopped curity of the United States; to the Com- RAN, Mr. KENNEDY, Mr. D’AMATO, Mr. using the term illegitimate, as have mittee on Foreign Relations. PACKWOOD, and Mr. HATFIELD): many States in this country. Children H.R. 667. An act to control crime by incar- S. 457. A bill to amend the Immigration born in such countries to parents who cerating violent criminals; to the Committee and Nationality Act to update references in are not married are now considered le- on the Judiciary. the classification of children for purposes of gitimate but born out of wedlock. H.R. 728. An act to control crime by pro- United States immigration laws; to the Com- Technology, these children are no viding law enforcement block grants; to the mittee on the Judiciary. Committee on the Judiciary. By Mr. WELLSTONE (for himself and longer eligible for adoption and emi- H.R. 831. An act to amend the Internal Mr. HARKIN): gration to the United States, even if Revenue Code of 1986 to permanently extend S. 458. A bill to protect the opening of the the child’s father has abandoned him or the deduction for the health insurance costs 1995 season for the hunting of migratory her.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2966 CONGRESSIONAL RECORD — SENATE February 22, 1995 Despite this quirk in our inter- There being no objection, the letter season and specifies the limits of the hunt. national adoption law, the INS until was ordered to be printed in the Under S. 219, the USFWS would be delayed in recently allowed the adoption and emi- RECORD , as follows: proceeding with this rulemaking and in opening the season in Minnesota this fall. U.S. SENATE, gration of children who were legiti- As Minnesota is home to some of Amer- Washington, DC, February 21, 1995. mate but born out of wedlock under ica’s best waterfowl hunting, I would oppose Hon. WILLIAM V. ROTH, Jr., their native countries’ laws. Last fall, any legislative measure that would limit or Chairman. however, the INS issued a new inter- eliminate the annual migratory bird hunting Hon. JOHN GLENN, season. As introduced, S. 219 would have the pretation of the law that required writ- Ranking Minority Member, Governmental Af- effect of delaying the 1995 migratory bird ten notice of abandonment from both fairs Committee, U.S. Senate, Washington, hunting season for at least a month; such a biological parents. U.S. Consular of- DC. delay would be tantamount to cancellation DEAR CHAIRMAN ROTH AND RANKING MEM- fices in host countries began dis- of at least part of the season (the ‘‘local BER GLENN: I am writing to you regarding approving visa applications for chil- shoot,’’ when the vast majority of Minneso- the regulatory moratorium bill, S. 219, to dren who do not fit the statutory sole tans do their hunting), since Minnesota’s ask for your assistance in eliminating what parent of an illegitimate child defini- colder climate means the birds would likely I believe would be a harmful effect of this have already migrated south. tion, even when it was clear that the legislation. biological father had abandoned a As you are aware, S. 219 would impose a Now, Mr. President, let me be crystal child. Around the world, adoptions by moratorium on governmental rulemaking clear about it. This bill that I intro- U.S. families ground to a halt. retroactive to last November. While I do duce today makes it clear that this There is a simple and easy fix to this agree that some federal rules may be need- moratorium on rules would include an problem and this legislation will do lessly intrusive, I want to bring to your at- exemption for hunting season rules. I just that. My bill would change the tention the extreme impact this blanket am not talking about an exception for current use of legitimate and illegit- moratorium would have on my state’s hunt- ing enthusiasts. agency administration rules. I am sim- imate in the section of the INS Act Under the Migratory Bird Treaty Act of ply saying that the Fish and Wildlife that defines ‘‘child’’ for immigration 1918, the hunting season is closed unless the Service has made it crystal clear that purposes to born out of wedlock. With responsible federal agency opens it by regu- they have to do the rule making for us this relatively simple change, we can lation. Each year the U.S. Fish and Wildlife to have our hunting season. ensure that hundreds of Americans will Service completes a long, complex rule- Best case scenario, it would be de- be able to proceed with international making that opens the waterfowl hunting layed too long a period of time for the adoptions that are legitimate and meet season and specifies the limits of the hunt. early, local shoot, and worst-case sce- Under S. 219, the USFWS would be delayed in the legal definitions of both a host proceeding with this rulemaking and in nario, we would not have the season. country and of the U.S. Both INS and opening the season in Minnesota this fall. The bill I introduce is very clear: the State Department strongly support As Minnesota is home to some of Amer- Be it enacted by the Senate and House of Rep- this bill. ica’s best waterfowl hunting, I must oppose resentatives of the United States of America in I request that this legislation be any legislative measure that would limit or Congress assembled, notwithstanding a law that imposes a moratorium on the issuance printed in full in the CONGRESSIONAL eliminate the annual migratory bird hunting season. As introduced, S. 219 would have the of regulations, or any other law (except a RECORD. law that specifically refers to this Act), that There being no objection, the bill was effect of delaying the 1995 migratory bird hunting season for at least a month; such a is in effect or comes into effect on or after ordered to be printed in the RECORD as delay would be tantamount to cancellation the date of enactment of the Act, the Sec- follows: of at least part of the season (the ‘‘local retary of Interior may issue such regulations Be it enacted by the Senate and House of Rep- shoot,’’ when the vast majority of Minneso- as are appropriate under section 3 of the Mi- resentatives of the United States of America in tans do their hunting), since Minnesota’s gratory Bird Treaty Act to establish the Congress assembled, colder climate means that the birds would framework for and to open the migratory SECTION 1. DEFINITION OF CHILD. likely have already migrated south. hunting season for 1995. Section 101(b) of the Immigration and Na- The result would be unacceptable to Min- Mr. President, some Senators have tionality Act (8 U.S.C. 1101(b)) is amended— nesotans. In Minnesota, the waterfowl hunt- said there is no problem. But we are (1) in paragraph (1)— ing season is eagerly awaited by hundreds of lawmakers. And we have to be crystal (A) in subparagraph (A), by striking ‘‘le- thousands of hunting enthusiasts, in addi- clear in our language. Sometimes haste gitimate child’’ and inserting ‘‘child born in tion to being responsible for millions of dol- lars of economic activity. Therefore, I re- makes waste. As I look at S. 219 right wedlock’’; and now, there is absolutely no provision (B) in subparagraph (D), by striking ‘‘an il- quest that when the Governmental Affairs legitimate child’’ and inserting ‘‘a child born Committee considers this legislation, it at- whatever in this piece of legislation out of wedlock’’; and tach an amendment to exempt from the mor- which makes it clear that Fish and (2) in paragraph (2), by striking ‘‘an illegit- atorium any rulemaking necessary and ap- Wildlife Service will be able to go for- imate child’’ and inserting ‘‘a child born out propriate to allow the annual migratory bird ward with the rulemaking so we will of wedlock’’. hunting season to go forward as usual. have this hunting season. Sincerely, Mr. President, there are at least By Mr. WELLSTONE (for himself PAUL D. WELLSTONE, 100,000 active duck hunt participants U.S. Senator. and Mr. HARKIN): each year in Minnesota—100,000. And as S. 458. A bill to protect the opening Mr. WELLSTONE. Let me read the many as 170,000 in a good year. And the of the 1995 season for the hunting of relevant portions of this letter: DNR officials estimate that waterfowl migratory birds, and for other pur- I am writing to you regarding the regu- hunting directly contributes between poses; to the Committee on Environ- latory moratorium bill S. 219, to ask for your $35 to $40 million each year to the Min- ment and Public Works. assistance in eliminating what I believe would be a harmful effect of this legislation. nesota economy. Tim Bermicker, sec- LEGISLATION PROTECTING THE OPENING OF THE As you are aware, S. 219 would impose a tion chief of the Minnesota Depart- 1995 HUNTING SEASON moratorium on governmental rulemaking ment of Natural Resources, summed up Mr. WELLSTONE. Mr. President, I retroactive to last November. While I do this issue better than I ever could: rise on the floor of the Senate to intro- agree that some Federal rules may be need- ‘‘Duck hunting is more than just an an- duce a bill which protects the opening lessly intrusive, I want to bring to your at- nual event. It is the cherished way of of the 1995 season for the hunting of tention the extreme impact this blanket life in Minnesota, part of the fabric of migratory birds. This is a hugely im- moratorium would have on my State’s hunt- ing enthusiasts. the State.’’ portant issue in my State of Minnesota Under the Migratory Bird Treaty Act of I just say, Mr. President, I fully ex- and I believe in some other States as 1918— pect for there to be a debate on this well. I need to be clear about this, Mr. bill. But with some Senators haste Mr. President, I ask unanimous con- President— makes waste and some may have sent that a letter that I sent to Chair- moved forward too quickly on this the hunting season is closed unless the re- man ROTH, as well as the ranking mi- sponsible Federal agency opens it by regula- blanket moratorium and did not take nority member of the Governmental tion. Each year the U.S. Fish and Wildlife this into account with their current Affairs Committee, Senator JOHN Service completes a long, complex rule- legislation. I am fully prepared to be a GLENN, be printed in the RECORD. making that opens the waterfowl hunting part of this debate.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2967 I see no reason why my bill cannot be This bill is a continuation of efforts in syndrome or FAS. Pregnant mothers accepted as an amendment at the this area. cause FAS when alcoholic beverages markup of this piece of legislation in More than 100,000 children are born are consumed. Fetal alcohol syndrome committee, and there is absolutely on each year with a serious birth defect. is a leading cause of mental retarda- my part as a Senator from Minnesota a Many more children have serious dis- tion. It affects an estimated 8,000 commitment to make sure that we get orders from a birth defect that are dis- newborns each year plus, 36,000 who the language to make it clear that the covered later in life. Birth defects are suffer a related set of birth defects. It rulemaking goes forward so we have the leading cause of disability in in- is completely preventable. this hunt, so that we have our duck fants who survive their first birthday. Neural tube defects are one of the top hunting season. Infants of all races, economic classes, three causes of birth defects that result Now, other Senators have said there and in every State are at risk. This is in the death of the infant. Neural tube is nothing to worry about. There will a serious public health problem. defects are severe defects of the brain not be anything to worry about when More children die before their first and spinal cord. They include spina we get our language included and make birthday because of birth defects than bifida and anencephaly. This birth de- the exemption clear. There will not be from any other cause. More infant fect is also preventable. The majority anything to worry about when we do deaths result from birth defects than of neural tube defects could be pre- our work as legislators. But I will not from prematurity and low birth vented through the consumption of a accept word of mouth assurances, or weight. In 10 States, over 25 percent of simple folic acid vitamin supplement arguments that all this is scare tactics. infant deaths were caused by birth de- by pregnant women and women of What I know is what I read in the fects. Birth defects are also a leading childbearing age. legislation. I am a legislator. I under- cause of childhood disability that leads The Birth Defects Prevention Act stand legislation. And I know right to a lifelong suffering. This is a serious lays out a strategy to prevent children now we do not have the necessary lan- problem that has a terrible impact on from being born with defects and to guage that will enable the agency to go the well-being of many children in our find possible cures for those already af- forward with this hunting season or the Nation. flicted with certain defects. necessary language to make sure that It may surprise you to learn that the Under this bill a national birth de- Minnesotans will be able to fully par- United States has no coordinated strat- fects surveillance and prevention re- ticipate. egy for reducing the incidence of birth search system would be established. This bill I introduced today is ex- defects. It is shocking how few re- Regional birth defects research pro- tremely important, and it is my fer- sources are devoted to preventing this grams would be established as centers vent hope that the language in this bill devastating problem. That must of excellence to provide the com- will find its way into what happens on change. prehensive surveillance data and epide- the House side and what also happens A tragic situation in the State of miological research needed to study in the U.S. Senate. This is no small Texas a few years ago exemplifies how clusters of birth defects, identify their issue, and it is a perfect example of the lack of a coordinated birth defects causes, and develop and evaluate pre- what happens when we are not careful prevention strategy can affect a com- vention efforts. Such centers also in the legislative work that we do. munity. The result was a delayed re- would provide training and education sponse to an outbreak of birth defects to health professionals. The surveil- By Mr. BOND: and the needless cost of innocent lives. lance and monitoring of birth defects S. 459. A bill to provide surveillance, In the incident in Texas, health profes- would be carried out using vital research, and services aimed at preven- sionals observed that six infants were records, hospital records, and other tion of birth defects, and for other pur- born with anencephaly over a 6-week data while protecting privacy. poses; to the Committee on Labor and period. Anencephaly is a fatal birth de- This bill would develop and imple- Human Resources. fect in which the infant is born without ment birth defects prevention and BIRTH DEFECTS PREVENTION ACT a brain. intervention programs. When the cause Mr. BOND. Mr. President, birth de- The Texas Department of Health con- of a birth defect is known, we must fects are the leading cause of infant ducted a thorough study after this in- have a prevention strategy. This bill death in this country, and a national formation was reported. This study re- would authorize prevention demonstra- research and prevention strategy is vealed that, since 1989, at least 30 in- tion programs to develop new strate- desperately needed. The infant mor- fants in south Texas had been born gies to reduce the incidence of birth de- tality rate in the United States is high- without any or with very little brain fects. This bill would also provide fund- er than in most other industrialized tissue. However, like many States, ing and technical assistance to State nations and higher than some Third Texas does not have a birth defects sur- health departments to implement pro- World countries. One out of every five veillance program. As a result, the se- grams of proven effectiveness and safe- infant deaths results from a birth de- verity of the problem was not recog- ty in prevention of birth defects. fect. Birth defects cause more infant nized until the incidence of And finally, this bill would broaden deaths in this country than any other anencephaly was so high that it was public and professional awareness of single factor. In Missouri, birth defects difficult to miss. It is only because so birth defects and prevention opportuni- account for 21 percent of total infant many infants were born without any ties. To do this, a clearinghouse at the deaths. brain tissue that this terrible catas- Centers for Disease Control would be Today, I am introducing the Birth trophe was discovered. established for the collection, storage, Defects Prevention Act. This bill lays This tragic story from south Texas and interpretation of data generated out a national strategy to prevent underlines the need for a coordinated from State birth defects surveillance birth defects. Congressman SOLOMON national effort to research the causes programs and regional birth defects ORTIZ is simultaneously introducing of birth defects and develop prevention centers. This bill would also enhance this bill in the other body. strategies. Infants are being born today public information and education pro- In 1991, I introduced the Families in somewhere in America with serious grams for the prevention of birth de- Need Act, S. 1380, to address many im- birth defects that could have been pre- fects, such as programs using folic acid portant health, nutrition, and housing vented. Without a coordinated surveil- vitamin supplementation to prevent needs of families in crises. In that bill, lance system, we may not discover spina bifida and alcohol avoidance I proposed efforts that would lead to a these defects and discover how to pre- strategies to prevent fetal alcohol syn- coordinated effort to reduce the inci- vent them. drome. dence of birth defects. Simultaneously, Many birth defects are preventable. Without a strategy to discover the I worked in the Appropriations Com- Tragically, many opportunities at pre- causes of birth defects and prevent mittee to obtain funding for this effort vention are missed because few States them, the terrible tragedy of birth de- at the Centers for Disease Control and have prevention strategies. fects will continue. Too few resources Prevention. This funding is the basis One example of a serious, yet pre- are devoted to reducing birth defects for CDCP’s efforts in this area today. ventable, birth defect is fetal alcohol which are the leading cause of infant

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2968 CONGRESSIONAL RECORD — SENATE February 22, 1995 morality. We cannot reach the national B. Providing funding and technical assist- eral Government has said it intends to goal of reducing infant morality to 7 ance to state health departments to imple- give more power back to the localities death per 1,000 live births by the year ment programs of proven effectiveness and and stop placing mandates on middle 2000 without a national birth defects safety in prevention of birth defects. class Americans who spend everyday prevention strategy. BROADEN PUBLIC AND PROFESSIONAL AWARE- honestly trying to make a decent liv- NESS OF BIRTH DEFECTS AND PREVENTION OP- The March of Dimes has done such ing for their family. PORTUNITIES important and tireless work toward the A. Establish a clearinghouse at the Centers prevention of birth defects. This coun- By Mr. FEINGOLD: for Disease Control for the collection, stor- S. 462. A bill to provide for the tem- try and its children certainly owe the age, and interpretation of data generated porary suspension of the reformulated March of Dimes a heartfelt thank you. from state birth defects surveillance pro- gasoline rules under the Clean Air Act; In particular, Kay Johnson and Vivian grams and regional birth defects centers. B. Establish an Advisory Committee for to the Committee on Environment and Gabore of the March of Dimes staff de- Public Works. serve a special thank you for their Birth Defects Prevention to gather the views REFORMULATED GASOLINE REQUIREMENTS seemingly never-ending efforts to get and recommendations of experts. C. Enhance public information and edu- Mr. FEINGOLD. Mr. President, I rise the Birth Defects Prevention Act cation programs for the prevention of birth today to introduce legislation to tem- passed. It is their research, study, and defects, such as programs using folic acid vi- porarily suspend enforcement of the re- work that has resulted in this bill, and tamin supplementation to prevent spina formulated gas requirements as man- I am exceedingly grateful to them. bifida and alcohol avoidance strategies to dated by the Clean Air Act Amend- In addition to the March of Dimes, prevent Fetal Alcohol Syndrome (FAS). ments of 1990. I do so, Mr. President, as this bill also has the endorsement of 18 a supporter of the Clean Air Act, the organizations, including the American By Mr. FORD: reformulated fuels program, and of the Academy of Pediatrics, the American S. 460. A bill to amend title 23, Environmental Protection Agency. Public Health Association, the Epi- United States Code, to ensure equity in However, the situation over the past lepsy Foundation, the National Easter the extent to which businesses located few weeks in Milwaukee, since the in- Seal Society, the Spina Bifida Associa- near Interstate and Federal-aid pri- troduction of reformulated fuel on Jan- tion, and many others. mary highways may erect outdoor ad- uary 1, 1995, has caused me great con- I ask unanimous consent that a sum- vertising signs, displays, and devices, cern. In introducing this measure, I am mary of the bill be printed in the and for other purposes; to the Com- mittee on Environment and Public joined today by two of my colleagues RECORD. in the other body, Representative There being no objection, the mate- Works. KLECZKA and Representative BARRETT, rial was ordered to be printed in the HIGHWAY ADVERTISING EQUITY ACT who have introduced similar legisla- RECORD, as follows: Mr. FORD. Mr. President, today I am introducing Senate Bill 460, entitled tion. THE BIRTH DEFECTS PREVENTION ACT Highway Advertising Equity Act, to The EPA Regional Office in Chicago PURPOSE amend section 131 of title 23, United has received at least a thousand calls To prevent birth defects by developing and States Code. Enacted on August 28, from individuals in Milwaukee who are implementing new prevention strategies, experiencing problems using reformu- targeting research into the causes of birth 1958, 23 U.S.C. 131, Control of Outdoor Advertising, was designed to protect lated fuels. During the first week of defects, monitoring the incidence of clusters February, 1995 phone calls to my Mil- public investment, promote safety and of birth defects, and increasing the collec- waukee office were coming in at rates recreational value, and preserve nat- tion of national data on birth defects. of 5–8 per hour, and several hundred ural beauty along the interstate sys- THE NEED constituents have contacted me to tem. Therefore, the statute reflects a More children die from birth defects in the share their experiences. Among the first year of life in the U.S. than from any socioeconomic and demographic envi- concerns that these individuals ex- other cause including prematurity and low ronment of 36 years ago. press, and of primary concern to me, is birth weight. Birth defects are also a leading Roadways that were once rural, nar- that this gasoline is making them ill. cause of childhood disability. Each year, row, and sparsely populated are now Additionally, Mr. President, citizens of over 100,000 children are born with serious multilane highways bordered with bur- defects, and many more are found later in Milwaukee want to know what the geoning businesses and linking the Na- EPA knows about how the gasoline will life to have disorders. Medical care and spe- tion in a well-traveled web. This cial education made necessary by birth de- perform both in their cars and in two fects cost billions of dollars each year. growth in commercial and industrial stroke-engines such as snow blowers Recent research shows that a significant use areas has increased the need to in- and snowmobiles, when the price, proportion of common birth defects are pre- form the motoring public of available which is currently running between 10 ventable, although the causes of most birth services, food, lodging, and attractions and 15 cents more than regular gas will defects remain unknown. Few states have of special interest. come down, and how to identify the prevention strategies and many opportuni- Current law allows only on-premises ties are being missed. Despite the fact that various blends of gasoline at the pump. advertising by business owners whose I wrote to Administrator Browner on birth defects are the leading cause of infant property is adjacent to the interstate mortality, research and prevention has not February 10, 1995 expressing these con- received priority attention. system. Restricting advertising to cerns and have not yet received a re- owners of businesses adjacent to the ESTABLISH A NATIONAL BIRTH DEFECTS SUR- sponse. interstate system to advertise on- VEILLANCE AND PREVENTION RESEARCH SYS- While price and performance are sig- TEM premise services discriminates against nificant problems that need to be ex- A. Establish regional birth defects research property owners in the same commer- amined, the health of the citizens of programs as ‘‘centers of excellence’’ to pro- cial area who wish to advertise off- Milwaukee, Mr. President, simply can- vide the comprehensive surveillance data premise services near the interstate not wait. Administrator Browner, in a and epidemiologic research needed to study system. meeting with the Wisconsin delegation clusters of birth defects, identify their Commercial and industrial areas last Friday, February 17, 1995, an- causes, and develop and evaluate prevention have expanded beyond the properties nounced that the Agency would not efforts. Such centers also would provide which were once only found adjacent to make a final decision on suspending training and education to health profes- interstate systems. However, the need sionals. the fuels until after they went to Wis- B. Improve the surveillance and moni- for businesses, no matter where they consin. The Agency believes, Mr. Presi- toring of birth defects using vital records, are located, to advertise along the dent, that Wisconsin’s problems could hospital records and other data. interstate system is imperative to best be addressed by switching fuels DEVELOP AND IMPLEMENT BIRTH DEFECTS their success. among different reformulated blends. PREVENTION AND INTERVENTION PROGRAMS Senate bill 460 is offered to bring the In response to the calls and inquiries A. Authorize demonstration projects for law up to date with the needs of our from the Wisconsin delegation and the prevention of birth defects to develop growing business communities. I think Governor Thompson, and in line with new strategies to reduce the incidence of it is fitting that we address this issue the EPA’s announced position, the birth defects. in today’s environment where the Fed- Agency did hold a public meeting in

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2969 Milwaukee this past Monday, February submits a report to the appropriate commit- [Mr. THOMAS], the Senator from Texas 20, 1995 on reformulated gasoline. The tees of Congress setting forth the steps [Mr. GRAMM], the Senator from Florida Milwaukee Sentinel reported that taken under paragraph (1) or (2). [Mr. MACK], the Senator from New more than 400 people showed up for the f Hampshire [Mr. GREGG], and the Sen- meeting, overflowing the room. The ator from Alabama [Mr. SHELBY] were ADDITIONAL COSPONSORS Agency has pledged to say in Wisconsin added as cosponsors of S. 343, a bill to as long as it takes to address my con- S. 3 reform the regulatory process, and for stituents’ concerns. At the request of Mr. HATCH, the other purposes. It seems, Mr. President, that these name of the Senator from Mississippi S. 356 concerns are significant and that the [Mr. LOTT] was added as a cosponsor of Agency should suspend its enforcement S. 3, a bill to control crime, and for At the request of Mr. SHELBY, the of the rule until it completes its on the other purposes. names of the Senator from New Hamp- ground assessment, particularly while S. 38 shire [Mr. GREGG] and the Senator people’s health is potentially at risk. At the request of Mr. HATCH, the from Mississippi [Mr. LOTT] were added Gasoline blended with three different name of the Senator from Mississippi as cosponsors of S. 356, a bill to amend oxygenates is being sold in Milwaukee, [Mr. LOTT] was added as a cosponsor of title 4, United States Code, to declare some containing MTBE derived from S. 38, a bill to amend the Violent Crime English as the official language of the methane, some containing ETBE de- Control and Law Enforcement Act of Government of the United States. rived from ethanol and natural gas, 1994, and for other purposes. S. 360 and some containing ethanol. The EPA S. 219 knows from more than $2 million in At the request of Mr. NICKLES, the At the request of Mr. SMITH, the health studies, Mr. President, that one name of the Senator from Mississippi names of the Senator from New Hamp- of the oxygenates, MTBE, has the po- [Mr. COCHRAN] was added as a cospon- shire [Mr. GREGG] and the Senator tential to produce both cancer and sor of S. 219, a bill to ensure economy from Idaho [Mr. CRAIG] were added as other health effects—and the jury is and efficiency of Federal Government cosponsors of S. 360, a bill to amend still out on the ethanol blends. The operations by establishing a morato- title 23, United States Code, to elimi- current data that the Agency has on rium on regulatory rulemaking ac- nate the penalties imposed on States Milwaukee’s overall air quality and on tions, and for other purposes. for noncompliance with motorcycle specific situations my constituents S. 252 helmet and automobile safety belt re- face every day such as refueling, riding At the request of Mr. LOTT, the name quirements, and for other purposes. inside their cars, and having their vehi- of the Senator from Mississippi [Mr. cles sit in enclosed garages, is too lim- S. 381 COCHRAN] was added as a cosponsor of ited for a quantitive estimate of popu- S. 252, a bill to amend title II of the So- At the request of Mr. HELMS, the lation exposure to the host of cial Security Act to eliminate the names of the Senator from Connecticut oxygenates used in the six county area. earnings test for individuals who have [Mr. LEIBERMAN], the Senator from Vir- At best, the data have been used to es- attained retirement age. ginia [Mr. WARNER], and the Senator timate a broad range of potential expo- S. 254 from Oklahoma [Mr. NICKLES] were sures. However, Mr. President, we are added as cosponsors of S. 381, a bill to At the request of Mr. LOTT, the name no longer in a potential exposure situa- strengthen international sanctions tion—people are putting this stuff into of the Senator from Washington [Mrs. MURRAY] was added as a cosponsor of against the Castro government in their tanks. Cuba, to develop a plan to support a While I understand that actual epide- S. 254, a bill to extend eligibility for veterans’ burial benefits, funeral bene- transition government leading to a miological experiences in Milwaukee democratically elected government in may be difficult for EPA to interpret, I fits, and related benefits for veterans of Cuba, and for other purposes. cannot as a responsible policymaker certain service in the United States rule out the fact that Milwaukee’s to- merchant marine during World War II. S. 425 pography and temperature results in S. 275 At the request of Mr. ROCKEFELLER, exposures in my State that are dif- At the request of Mr. GRASSLEY, the the name of the Senator from Alaska ferent than the other parts of the coun- name of the Senator from Mississippi [Mr. MURKOWSKI] was added as a co- try. I also understand, Mr. President, [Mr. LOTT] was added as a cosponsor of sponsor of S. 425, a bill to amend title that Milwaukee is not alone in experi- S. 275, a bill to establish a temporary 38, United States Code, to require the encing problems with reformulated moratorium on the Interagency Memo- establishment in the Department of fuels. Several of the nine other cities randum of Agreement Concerning Wet- Veterans Affairs of mental illness re- required to use the fuels are facing lands Determinations until enactment search, education, and clinical centers, similar concerns. of a law that is the successor to the and for other purposes. I believe that these requirements Food, Agriculture, Conservation, and should be suspended until the health Trade Act of 1990, and for other pur- SENATE CONCURRENT RESOLUTION 3 concerns can be fully investigated. I poses. ask unanimous consent that the text of At the request of Mr. SIMON, the S. 277 names of the Senator from Colorado the bill be printed in the RECORD. At the request of Mr. D’AMATO, the [Mr. CAMPBELL], the Senator from There being no objection, the bill was name of the Senator from Wyoming Florida [Mr. MACK], and the Senator ordered to be printed in the RECORD, as [Mr. THOMAS] was added as a cosponsor follows: from Mississippi [Mr. LOTT] were added of S. 277, a bill to impose comprehen- as cosponsors of Senate Concurrent S. 462 sive economic sanctions against Iran. Resolution 3, a concurrent resolution SECTION 1. SUSPENSION OF REFORMULATED S. 303 GASOLINE RULES. relative to Taiwan and the United Na- At the request of Mr. LIEBERMAN, the Upon the enactment of this Act, the Envi- tions. name of the Senator from Iowa [Mr. ronmental Protection Agency rules under AMENDMENT NO. 274 section 211(k) of the Clean Air shall be sus- GRASSLEY] was added as a cosponsor of pended. Such suspension shall remain in ef- S. 303, a bill to establish rules gov- At the request of Mrs. FEINSTEIN, the fect until such time as the Administrator— erning product liability actions against name of the Senator from South Da- (1) demonstrates, after notice and oppor- raw materials and bulk component sup- kota [Mr. DASCHLE] was added as a co- tunity for hearing, that reformulated gaso- pliers to medical device manufacturers, sponsor of amendment No. 274 intended line manufactured and distributed in accord- and for other purposes. ance with such rules does not cause adverse to be proposed to House Joint Resolu- health effects; or S. 343 tion 1, a joint resolution proposing a (2) revises such rules to eliminate any such At the request of Mr. DOLE, the balanced budget amendment to the adverse health effects, and names of the Senator from Wyoming Constitution of the United States.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2970 CONGRESSIONAL RECORD — SENATE February 22, 1995 AMENDMENTS SUBMITTED ing any remedies other than a declaratory intended to be proposed by them to the judgment or such remedies as are specifi- joint resolution, House Joint Resolu- cally authorized in implementing legislation tion 1, supra; as follows: pursuant to this section.’’. BALANCED BUDGET AMENDMENT At the end of section 6, add the following: ‘‘However, no legislation to enforce or imple- BYRD AMENDMENT NO. 301 ment this Article may impair any payment CONRAD AMENDMENT NO. 297 (Ordered to lie on the table.) or other benefit based upon a death or dis- (Ordered to lie on the table.) Mr. BYRD submitted an amendment ability incurred in, or aggravated by, service Mr. CONRAD submitted an amend- intended to be proposed by him to the in the Armed Forces if such payment or other benefit was earned under a program es- ment intended to be proposed by him, joint resolution, House Joint Resolu- tablished before the ratification of this Arti- to the joint resolution (H.J. Res. 1) pro- tion 1, supra; as follows: cle.’’. posing a balanced budget amendment On page 3, line 8, strike ‘‘principal.’’ and insert ‘‘principal and those for law enforce- to the Constitution of the United PRYOR AMENDMENT NO. 307 States; as follows: ment and the reduction and prevention of violent crime.’’. On page 2, strike line 18 and all that fol- (Ordered to lie on the table) lows through line 25, and insert the fol- Mr. PRYOR submitted an amend- lowing: LEAHY (AND OTHERS) ment intended to be proposed by him ‘‘SECTION 5. The Congress may waive the AMENDMENT NO. 302 to the joint resolution, House Joint provisions of this article for any fiscal year (Ordered to lie on the table.) Resolution 1, supra; as follows: in which— Mr. LEAHY (for himself, Mr. On page 3, between lines 8 and 9, insert the ‘‘(1) a declaration of war is in effect; following: ‘‘(2) the United States is engaged in mili- DASCHLE, and Mr. BUMPERS) submitted an amendment intended to be proposed ‘‘SEC. 8. It is the intent of Congress that tary conflict which causes an imminent and each State should, as a part of its ratifica- serious military threat to national security, by him to the joint resolution, House tion process, submit to Congress rec- and is so declared by a joint resolution, Joint Resolution 1, supra; as follows: ommendations for reductions in direct and adopted by a majority of the whole number On page 1, lines 4 and 5, strike ‘‘is proposed indirect Federal funds provided to the State of each House, which becomes law; or as an amendment to the Constitution of the and its residents (based on the State’s allo- ‘‘(3) the United States suffers from a seri- United States, which’’ and inserting ‘‘shall cation of Federal funds) necessary to balance ous economic recession that causes an immi- be proposed as an amendment to the Con- the State’s share of the Federal deficit. nent and serious threat to the nation’s econ- stitution of the United States and submitted omy and is so declared by a joint resolution to the States for ratification upon the com- FEINSTEIN (AND OTHERS) adopted by a majority of the whole number pletion by the General Accounting Office of of each House, which becomes law. a detailed analysis of the impact of the arti- AMENDMENT NO. 308 cle on the economy and budget of each State (Ordered to lie on the table.) GRAHAM AMENDMENT NO. 298 and’’. Mrs. FEINSTEIN (for herself, Mr. (Ordered to lie on the table.) FORD, Mr. HOLLINGS, Mr. BUMPERS, Ms. Mr. GRAHAM submitted an amend- WELLSTONE AMENDMENTS NOS. MIKULSKI, Mr. KOHL, Mr. MCCAIN, Mr. ment intended to be proposed by him 303–305 HARKIN, Mr. DASCHLE, Mr. DORGAN, and to the joint resolution, House Joint (Ordered to lie on the table.) Mr. GRAHAM) submitted an amendment Resolution 1, supra; as follows: Mr. WELLSTONE submitted three intended to be proposed by them to the On page 2, line 8, after ‘‘increased,’’ insert amendments intended to be proposed joint resolution, House Joint Resolu- ‘‘except for increases in the limit on the debt by him to the joint resolution, House tion 1, supra; as follows: of the United States held by the public to re- Joint Resolution 1, supra; as follows: Strike all after the resolving clause and in- flect net redemptions from the Federal Old- AMENDMENT NO. 303 sert the following: ‘‘That the following arti- Age and Survivors Insurance Trust Fund and cle is proposed as an amendment to the Con- At the end of the article add the following: the Federal Disability Insurance Trust stitution of the United States, which shall be ‘‘SECTION . The provisions of this article Fund,’’. valid to all intents and purposes as part of may be waived if a majority of the whole the Constitution when ratified by the legis- number of each House of Congress deter- latures of three-fourths of the several States NUNN AMENDMENTS NOS. 299–300 mines that compliance with the first clause within seven years after the date of its sub- of Section 1 would result in significant re- (Ordered to lie on the table.) mission to the States for ratification: Mr. NUNN submitted two amend- ductions in assistance to students who want an opportunity to attend college.’’ ‘‘ARTICLE — ments intended to be proposed by him ‘‘SECTION 1. Total outlays for any fiscal to the joint resolution, House Joint AMENDMENT NO. 304 year shall not exceed total receipts for that Resolution 1, supra; as follows: At the end of the article, add the following: fiscal year, unless three-fifths of the whole AMENDMENT NO. 299 ‘‘SECTION . The provisions of this article number of each House of Congress shall pro- vide by law for a specific excess of outlays On page 2, strike lines 18 through 25 and in- may be waived if a majority of the whole over receipts by a rollcall vote. sert the following: number of each House of Congress deter- ‘‘SECTION 2. The limit on the debt of the ‘‘SECTION 5. The provisions of this article mines that compliance with the first clause United States held by the public shall not be shall not apply to any fiscal year— of Section 1 would result in an increase in increased, unless three-fifths of the whole ‘‘(1) if at any time during that fiscal year the number of hungry or homeless children.’’ number of each House shall provide by law the United States is in a state of war de- for such an increase by a rollcall vote. clared by the Congress pursuant to section 8 AMENDMENT NO. 305 ‘‘SECTION 3. Prior to each fiscal year, the of article I of this Constitution; or At the end of the article, add the following: President shall transmit to the Congress a ‘‘(2) if, with respect to that fiscal year, the ‘‘SECTION . The provisions of this article proposed budget for the United States Gov- Senate and the House of Representatives may be waived if a majority of the whole ernment for that fiscal year in which total agree to a concurrent resolution stating, in number of each House of Congress deter- outlays do not exceed total receipts. substance, that a national economic emer- mines that compliance with the first clause ‘‘SECTION 4. No bill to increase revenue gency requires the suspension of the applica- of Section 1 would result in— shall become law unless approved by a ma- tion of this article for that fiscal year. ‘‘(a) significant reductions in the quality jority of the whole number of each House by In exercising its power under paragraph (2) of of, or access to, health care for veterans, or a rollcall vote. this section, the Senate and House of Rep- ‘‘(b) significant reductions in compensa- ‘‘SECTION 5. The Congress may waive the resentatives shall take into consideration tion provided to veterans for service-con- provisions of this article for any fiscal year the extent and rate of industrial activity, nected illnesses or injuries.’’ in which a declaration of war is in effect. unemployment, and inflation, and such other The provisions of this article may be waived factors as they deem appropriate. ROCKEFELLER (AND OTHERS) for any fiscal year in which the United AMENDMENT NO. 306 States is engaged in military conflict which AMENDMENT NO. 300 causes an imminent and serious military On page 3, line 3, after the period insert (Ordered to lie on the table.) threat to national security and is so declared ‘‘The power of any court to order relief pur- Mr. ROCKEFELLER (for himself, Mr. by a joint resolution, adopted by a majority suant to any case or controversy arising DASCHLE, Mr. AKAKA, and Mr. of the whole number of each House, which under this article shall not extend to order- WELLSTONE) submitted an amendment becomes law.

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‘‘SECTION 6. The Congress shall enforce and United States Government except those for ‘‘SECTION 5. The Congress may waive the implement this article by appropriate legis- repayment of debt principal. The receipts provisions of this article for any fiscal year lation, which may rely on estimates of out- (including attributable interest) and outlays in which a declaration of war is in effect. lays and receipts. of the Federal Old-Age and Survivors Insur- The provisions of this article may be waived ‘‘SECTION 7. Total receipts shall include all ance Trust Fund and the Federal Disability for any fiscal year in which the United receipts of the United States Government ex- Insurance Trust Fund used to provide old States is engaged in military conflict which cept those derived from borrowing. Total age, survivors and disabilities benefits shall causes an imminent and serious military outlays shall include all outlays of the not be counted as receipts or outlays for pur- threat to national security and is so declared United States Government except for those poses of this article. by a joint resolution, adopted by a majority for repayment of debt principal. The receipts SECTION 8. Nothing in this article shall au- of the whole number of each House, which (including attributable interest) and outlays thorize the President to impound funds ap- becomes law. of the Federal Old–Age and Survivors Insur- propriated by Congress by law, or to impose ‘‘SECTION 6. The Congress shall enforce and ance Trust Fund and the Federal Disability taxes, duties, or fees. implement this article by appropriate legis- Insurance Trust Fund used to provide old SECTION 9. This article shall take effect be- lation, which may rely on estimates of out- age, survivors, and disabilities benefits shall ginning with fiscal year 2002 or with the sec- lays and receipts. not be counted as receipts or outlays for pur- ond fiscal year beginning after its ratifica- ‘‘SECTION 7. Total receipts shall include all poses of this article. tion, whichever is later.’’ receipts of the United States Government ex- ‘‘SECTION 8. This article shall take effect cept those derived from borrowing. Total beginning with fiscal year 2002 or with the AMENDMENT NO. 310 outlays shall include all outlays of the second fiscal year beginning after its ratifi- On page 2, line 17, after ‘‘roll call vote’’, in- United States Government except for those cation, whichever is later.’’. sert ‘‘except that if the whole number of the for repayment of debt principal. The receipts Senate is equally divided, the Vice President (including attributable interest) and outlays LEVIN AMENDMENTS NOS. 309–311 shall have a vote’’. of the Federal Old-Age and Survivors Insur- On page 2, line 25, after ‘‘of each House’’, ance Trust Fund and the Federal Disability (Ordered to lie on the table.) insert ‘‘, except that if the whole number of Insurance Trust Fund used to provide old Mr. LEVIN submitted three amend- the Senate is equally divided, the Vice Presi- age, survivors, and disabilities benefits shall ments intended to be proposed by him dent shall have a vote, ’’. not be counted as receipts or outlays for pur- to the joint resolution, House Joint poses of this article. Resolution 1, supra; as follows: AMENDMENT NO. 311 ‘‘SECTION 8. This article shall take effect beginning with fiscal year 2002 or with the AMENDMENT NO. 309 On page 2, line 17, after ‘‘roll call vote’’, in- sert ‘‘except that if the whole number of the second fiscal year beginning after its ratifi- Strike all after ‘‘Assembled’’ and insert the Senate is equally divided, the Vice President cation, whichever is later. following: ‘‘(two-thirds of each House con- shall have no vote’’. ‘‘SECTION 9. (a) In order to carry out the curring therein), That the following article On page 2, line 25, after ‘‘of each House’’, purposes of this article, the Congress shall is proposed as an amendment to the Con- insert ‘‘, except that if the whole number of adopt a concurrent resolution setting forth a stitution, which shall be valid to all intents the Senate is equally divided, the Vice Presi- budget plan to achieve a balanced budget and purposes as part of the Constitution dent shall have no vote, ’’. (that complies with this article) not later when ratified by the legislatures of three- than the first fiscal year required by this ar- forths of the several states within seven ticle as follows: years after the date of its submission to the DASCHLE AMENDMENTS NOS. 312– 313 ‘‘(1) a budget for each fiscal year beginning States for ratification: with fiscal year 1996 and ending with that ARTICLE — (Ordered to lie on the table.) first fiscal year (required by this article) SECTION 1. Total outlays for any fiscal year Mr. DASCHLE submitted two amend- containing— shall not exceed total receipts for that fiscal ments intended to be proposed by him ‘‘(A) aggregate levels of new budget au- year, unless three-fifths of the whole number to the joint resolution, House Joint thority, outlays, revenues, and the deficit or of each House of Congress shall provide by Resolution 1, supra; as follows: surplus; law for a specific excess of outlays over re- ‘‘(B) totals of new budget authority and AMENDMENT NO. 312 ceipts by a rollcall vote. outlays for each major functional category; SECTION 2. The limit on the debt of the Strike all after the resolving clause and in- ‘‘(C) new budget authority and outlays, on United States held by the public shall not be sert the following: ‘‘That the following arti- an account-by-account basis, for each ac- increased, unless three-fifths of the whole cle is proposed as an amendment to the Con- count with actual outlays or offsetting re- number of each House shall provide by law stitution of the United States, which shall be ceipts of at least $100,000,000 in fiscal year for such an increase by a rollcall vote. valid to all intents and purposes as part of 1994; and SECTION 3. Prior to each fiscal year, the the Constitution when ratified by the legis- ‘‘(D) an allocation of Federal revenues President shall transmit to the Congress a latures of three-fourths of the several States among the major sources of such revenues; proposed budget for the United States Gov- within seven years after the date of its sub- ‘‘(2) a detailed list and description of ernment for that fiscal year, in which the mission to the States for ratification. The changes in Federal law (including laws au- total outlays do not exceed total receipts. article shall be submitted to the States upon thorizing appropriations or direct spending SECTION 4. No bill to increase revenue shall the adoption of a concurrent resolution as and tax laws) required to carry out the plan become law unless approved by a majority of described in section 9 of the article. The arti- and the effective date of each such change; the whole number of each House by a rollcall cle is as follows: and vote. ‘‘ARTICLE — ‘‘(3) reconciliation directives to the appro- SECTION 5. The Congress may waive the ‘‘SECTION 1. Upon the adoption by the Con- priate committees of the House of Represent- provisions of this article for any fiscal year gress of a concurrent resolution on the budg- atives and Senate instructing them to sub- in which a declaration of war is in effect. et establishing a budget plan to balance the mit legislative changes to the Committee on The provisions of this article may be waived budget as required by this article, and con- the Budget of the House or Senate, as the for any fiscal year in which the United taining the matter required by section 9, case may be, to implement the plan set forth States is engaged in military conflict which total outlays for any fiscal year shall not ex- in the concurrent resolution. causes an imminent and serious military ceed total receipts for that fiscal year, un- ‘‘(b) The directives required by subsection threat to national security, or if pursuant to less three-fifths of the whole number of each (a)(3) shall be deemed to be directives within the legislation referred to in Section 6 the House of Congress shall provide by law for a the meaning of section 310(a) of the Congres- Congress determines an economic emergency specific excess of outlays over receipts by a sional Budget Act of 1974. Upon receiving all exists, and is so declared by a joint resolu- rollcall vote. legislative submissions from committees tion, adopted by a majority of the whole ‘‘SECTION 2. The limit on the debt of the under subsection (a)(3), each Committee on number of each House, which becomes law. United States held by the public shall not be the Budget shall combine all such submis- SECTION 6. The Congress shall enforce and increased, unless three-fifths of the whole sions (without substantive revision) into an implement this article by appropriate legis- number of each House shall provide by law omnibus reconciliation bill and report that lation, which may rely on estimates of out- for such an increase by a rollcall vote. bill to its House. The procedures set forth in lays and receipts. No court shall have the ‘‘SECTION 3. Prior to each fiscal year, the section 310 shall govern the consideration of power to order relief pursuant to any case or President shall transmit to the Congress a that reconciliation bill in the House of Rep- controversy arising under this article, except proposed budget for the United States Gov- resentatives and the Senate. as may be specifically authorized in imple- ernment for that fiscal year in which total ‘‘(c) The budget plan described in sub- menting legislation pursuant to this section. outlays do not exceed total receipts. section (a) shall be based upon Congressional SECTION 7. Total receipts shall include all ‘‘SECTION 4. No bill to increase revenue Budget Office economic and technical as- receipts of the United States Government ex- shall become law unless approved by a ma- sumptions and estimates of the spending and cept those derived from borrowing. Total jority of the whole number of each House by revenue effects of the legislative changes de- outlays shall include all outlays of the a rollcall vote. scribed in subsection (a)(2).’’.

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AMENDMENT NO. 313 propriated by Congress by law, or to impose in which a declaration of war is in effect. Strike all after the resolving clause and in- taxes, duties, or fees. The provisions of this article may be waived sert the following: ‘‘That the following arti- ‘‘SECTION 9. This article shall take effect for any fiscal year in which the United cle is proposed as an amendment to the Con- beginning with fiscal year 2002 or with the States is engaged in military conflict which stitution of the United States, which shall be second fiscal year beginning after its ratifi- causes an imminent and serious military valid to all intents and purposes as part of cation, whichever is later. threat to national security and is so declared the Constitution when ratified by the legis- ‘‘SECTION 10. (a) In order to carry out the by a joint resolution, adopted by a majority latures of three-fourths of the several States purposes of this article, the Congress shall of the whole number of each House, which within seven years after the date of its sub- adopt a concurrent resolution setting forth a becomes law. budget plan to achieve a balanced budget mission to the States for ratification. The ‘‘SECTION 5. The provisions of this article (that complies with this article) not later article shall be submitted to the States upon may be waived for any fiscal year during than the first fiscal year required by this ar- the adoption of a concurrent resolution as which the United States experiences serious ticle as follows: described in section 10 of the article. The ar- economic distress or a natural or manmade ‘‘(1) a budget for each fiscal year beginning ticle is as follows: disaster the injurious effects of which are with fiscal year 1996 and ending with that ‘‘ARTICLE — likely to be exacerbated by adherence to this first fiscal year (required by this article) ‘‘SECTION 1. Upon the adoption by the Con- article, and is so declared by a joint resolu- containing— gress of a concurrent resolution on the budg- ‘‘(A) aggregate levels of new budget au- tion, adopted by a majority of the whole et establishing a budget plan to balance the thority, outlays, revenues, and the deficit or number of each House, which becomes law. budget as required by this article, and con- surplus; ‘‘SECTION 6. The Congress shall enforce and taining the matter required by section 10, ‘‘(B) totals of new budget authority and implement this article by appropriate legis- total outlays for any fiscal year shall not ex- outlays for each major functional category; lation, which may rely on estimates of out- ceed total receipts for that fiscal year, un- ‘‘(C) new budget authority and outlays, on lays and receipts. less three-fifths of the whole number of each an account-by-account basis, for each ac- House of Congress shall provide by law for a ‘‘SECTION 7. Total receipts shall include all count with actual outlays or offsetting re- receipts of the United States Government ex- specific excess of outlays over receipts by a ceipts of at least $100,000,000 in fiscal year rollcall vote. cept those derived from borrowing. Total 1994; and outlays shall include all outlays of the ‘‘SECTION 2. The limit on the debt of the ‘‘(D) an allocation of Federal revenues United States held by the public shall not be United States Government except for those among the major sources of such revenues; for repayment of debt principal. increased, unless three-fifths of the whole ‘‘(2) a detailed list and description of number of each House shall provide by law changes in Federal law (including laws au- ‘‘SECTION 8. This article shall take effect for such an increase by a rollcall vote. thorizing appropriations or direct spending beginning with fiscal year 2002 or with the ‘‘SECTION 3. Prior to each fiscal year, the and tax laws) required to carry out the plan second fiscal year beginning after its ratifi- President shall transmit to the Congress a and the effective date of each such change; cation, whichever is later.’’. proposed budget for the United States Gov- and ernment for that fiscal year in which total ‘‘(3) reconciliation directives to the appro- outlays do not exceed total receipts. priate committees of the House of Represent- HOLLINGS AMENDMENT NO. 315 ‘‘SECTION 4. No bill to increase revenue atives and Senate instructing them to sub- shall become law unless approved by a ma- mit legislative changes to the Committee on (Ordered to lie on the table.) jority of the whole number of each House by the Budget of the House or Senate, as the a rollcall vote. case may be, to implement the plan set forth Mr. HOLLINGS submitted an amend- ‘‘SECTION 5. The Congress may waive the in the concurrent resolution. ment intended to be proposed by him provisions of this article for any fiscal year ‘‘(b) The directives required by subsection to the joint resolution, House Joint in which a declaration of war is in effect. (a)(3) shall be deemed to be directives within Resolution 1, supra; as follows: The provisions of this article may be waived the meaning of section 310(a) of the Congres- for any fiscal year in which the United sional Budget Act of 1974. Upon receiving all Strike all after the resolving clause and in- States is engaged in military conflict which legislative submissions from committees sert the following: ‘‘That the following arti- causes an imminent and serious military under subsection (a)(3), each Committee on cle is proposed as an amendment to the Con- threat to national security and is so declared the Budget shall combine all such submis- stitution of the United States, which shall be by a joint resolution, which becomes law, or sions (without substantive revision) into an valid to all intents and purposes as part of if pursuant to the legislation referred to in omnibus reconciliation bill and report that the Constitution when ratified by the legis- Section 6 the Congress determines an eco- bill to its House. The procedures set forth in latures of three-fourths of the several States nomic emergency exists, and is so declared section 310 shall govern the consideration of within seven years after the date of its sub- by a joint resolution adopted by a majority that reconciliation bill in the House of Rep- mission to the States for ratification: of the whole number of each House, which resentatives and the Senate. ‘‘ARTICLE — becomes law. ‘‘(c) The budget plan described in sub- ‘‘SECTION 6. The Congress shall enforce and section (a) shall be based upon Congressional ‘‘SECTION 1. Total outlays for any fiscal implement this article by appropriate legis- Budget Office economic and technical as- year shall not exceed total receipts for that lation, which may rely on estimates of out- sumptions and estimates of the spending and fiscal year, unless three-fifths of the whole lays and receipts. No court shall have the revenue effects of the legislative changes de- number of each House of Congress shall pro- power to order relief pursuant to any case or scribed in subsection (a)(2).’’. vide by law for a specific excess of outlays controversy arising under this article, except over receipts by a rollcall vote. as may be specifically authorized in imple- menting legislation pursuant to this section. KERRY AMENDMENT NO. 314 ‘‘SECTION 2. The limit on the debt of the ‘‘SECTION 7. Total receipts shall include all (Ordered to lie on the table.) United States held by the public shall not be receipts of the United States Government ex- Mr. KERRY submitted an amend- increased, unless three-fifths of the whole cept those derived from borrowing. Total number of each House shall provide by law ment intended to be proposed by him for such an increase by a rollcall vote. outlays shall include all outlays of the to the joint resolution, House Joint United States Government except for those ‘‘SECTION 3. Prior to each fiscal year, the for repayment of debt principal and those Resolution 1, supra; as follows: President shall transmit to the Congress a dedicated to a capital budget. On page 2, beginning on line 3, strike proposed budget for the United States Gov- ‘‘The capital budget shall include only ‘‘year, unless’’ and all that follows through ernment for that fiscal year in which total major public physical capital investments. line 11 on page 3, and insert the following: outlays do not exceed total receipts. For each fiscal year, the capital budget shall ‘‘year, unless three-fifths of the whole num- ‘‘SECTION 4. No bill to increase revenue not exceed an amount equal to 10 percent of ber of each House of Congress shall provide shall become law unless approved by a ma- the total outlays for that year which amount by law for a specific excess of outlays over jority of the whole number of each House by shall not be counted for purposes of section receipts by a rollcall vote. a rollcall vote. 2. Three-fifths of each House may provide by ‘‘SECTION 2. The limit on the debt of the law for a capital budget in excess of 10 per- United States held by the public shall not be ‘‘SECTION 5. The Congress may waive the cent for a fiscal year. increased unless three-fifths of the whole provisions of this article for any fiscal year ‘‘The receipts (including attributable in- number of each House shall provide by law in which a declaration of war is in effect. terest) and outlays of the Federal Old-Age for such an increase by a rollcall vote. The provisions of this article may be waived and Survivors Insurance Trust Fund and the ‘‘SECTION 3. Prior to each fiscal year, the for any fiscal year in which the United Federal Disability Insurance Trust Fund President shall transmit to the Congress a States is engaged in military conflict which used to provide old age, survivors, and dis- proposed budget for the United States Gov- causes an imminent and serious military abilities benefits shall not be counted as re- ernment for that fiscal year, in which total threat to national security and is so declared ceipts or outlays for purposes of this article. outlays do not exceed total receipts. by a joint resolution, adopted by a majority ‘‘SECTION 8. Nothing in this article shall ‘‘SECTION 4. The Congress may waive the of the whole number of each House, which authorize the President to impound funds ap- provisions of this article for any fiscal year becomes law.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2973 ‘‘SECTION 6. The Congress shall enforce and Committee on Intelligence be author- which we pay homage, pollutes the public implement this article by appropriate legis- ized to meet during the session of the dialogue as noxiously as carbon monoxide lation, which may rely on estimates of out- Senate on Wednesday, February 22, 1995 contaminates a living environment. lays and receipts. The hallmark of a civilized human order is ‘‘SECTION 7. Total outlays shall include all at 2 p.m. to hold a closed hearing on In- outlays of the United States Government ex- telligence matters. the ability to disagree without being dis- cept for those for repayment of debt prin- The PRESIDING OFFICER. Without agreeable. We seem to be losing this. Instead cipal and those dedicated to a capital budget. objection, it is so ordered. of reasoned disputation, we hear increasingly The capital budget shall include only major hateful and unreasoning allegations bran- SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT dished like weapons designed to inflict in- public physical capital investments. For AND THE COURTS each fiscal year, outlays dedicated to the jury and mortal hurt. Mr. HATCH. Mr. President, I ask capital budget shall not exceed an amount The mail last week brought astonished re- equal to 10 percent of the total outlays for unanimous consent that the Sub- cipients a fund-raising appeal so rotten and that year, which amount shall not be count- committee on Administrative Over- rancid with hate as to offend the very gar- ed for purposes of section 2. Three-fifths of sight and the Courts, U.S. Senate Com- bage cans into which it should be forth- each House may provide by law for capital mittee on the Judiciary, be authorized rightly consigned. budget outlays in excess of 10 percent for a to meet during a session of the Senate fiscal year. On an official-looking letterhead with a ‘‘Total receipts shall include all receipts of on Wednesday, February 22, 1995, at 9:30 Washington address, the plea for contribu- the United States Government except those a.m., in Senate Dirksen room 226, on S. tions begins with the following outrageous derived from borrowing and the disposition 343, the Comprehensive Regulatory Re- claim: ‘‘I have in my possession compelling of major public physical capital assets. form Act of 1995 and regulatory relief. evidence that proves beyond all shadow of a ‘‘SECTION 8. The receipts (including attrib- The PRESIDING OFFICER. Without doubt that White House aid [sic] Vincent utable interest) and outlays of the Federal objection, it is so ordered. Foster was murdered * * * vital clues that Old–Age and Survivors Insurance Trust Fund lead right to the Oval Office.’’ f and the Federal Disability Insurance Trust Begging for money to spew out more such Fund used to provide old age, survivors, and ADDITIONAL STATEMENTS bile, the writer promises to prosecute a case disabilities benefits shall not be counted as of impeachment against President Clinton, receipts or outlays for purposes of this arti- presumably for the murder of his lifelong cle. THROWING SAND IN SOCIETY’S friend. ‘‘SECTION 9. This article shall take effect MACHINERY beginning with fiscal year 2002 or with the Really, this is beyond the pale. No presi- second fiscal year beginning after its ratifi- ∑ Mr. SIMON. Mr. President, Jim dent of the United States should have to con- cation, whichever is later.’’. Wright served as Speaker of the House tend with such inflammatory and unfounded of Representatives and, prior to that, libel. It is not enough that special counsel f Robert B. Fiske, a Republican and no friend majority leader of the House. AUTHORITY FOR COMMITTEES TO of Clinton’s looked carefully into this bi- I had the privilege of working with MEET zarre allegation concerning poor Foster’s him on a number of things and found suicide and reported it to be just that. COMMITTEE ON ARMED SERVICES him to be a genuine leader, not just Tasting blood and heedless of the proven Mr. HATCH. Mr. President, I ask someone who holds the title of leader. unanimous consent that the Com- emptiness of their brazen claim or the hurt Not long ago, I read a reference about it inflicts upon loved ones and friends of the mittee on Armed Services be author- a column that he had done for the Fort late presidential aide, professional purveyors ized to meet at 11 a.m. on Wednesday, Worth Star Telegram on the subject of of venom continue their calculated campaign February 22, 1995, in closed session, to civility. of calumny against the president. vote on the nominations of the Base I wrote to him and asked for a copy Hate-Clinton solicitation letters have be- Closure and Realignment Commission. of a column, and it is the kind of en- come a cottage industry. For some the good The PRESIDING OFFICER. Without lightened common sense that you is political power. For others it’s just a way objection, it is so ordered. would expect from Jim Wright. to fill greedy coffers with contributions COMMITTEE ON BANKING, HOUSING, AND URBAN The first paragraph of his column bilked from innocent, well-meaning Ameri- AFFAIRS sums up our situation beautifully: cans gullibly alarmed by the strident claims Mr. HATCH. Mr. President, I ask of right-wing media personalities such as Civility. The word is little used these days, Rush Limbaugh and the Rev. Jerry Falwell. unanimous consent that the Com- the quality it describes too little practiced. mittee on Banking, Housing, and It is a necessary lubricating oil for the ma- Preachments of hate, prejudgments of Urban Affairs be authorized to meet chinery of a free society. In its absence, the guilt and eagerness to repeat the vilest slan- during the session of the Senate on gears of democracy grind in noisy dissonance ders are not new to American society. But Wednesday, February 22, 1995, to con- to a screeching halt. they do seem to have reached preposterous proportions in this election year. duct a hearing on the Federal Reserve’s I ask that the entire Jim Wright col- Twenty-six years ago, Lyndon B. Johnson first monetary policy report for 1995. umn be printed in the RECORD. The PRESIDING OFFICER. Without The column follows: deplored the incivility of some anti-war dem- objection, it is so ordered. onstrators who shouted slogans to drown out [From the Fort Worth Star-Telegram, Oct. opposition. ‘‘They are chiefly united in the COMMITTEE ON GOVERNMENTAL AFFAIRS 23, 1994] certainty with which they advance their Mr. HATCH. Mr. President, I ask THROWING SAND IN SOCIETY’S MACHINERY views,’’ he said, ‘‘and in the vehemence with unanimous consent on behalf of the Civility. The word is little used these days, which they mock the views of others.’’ Governmental Affairs Committee to the quality it describes too little practiced. Thomas Jefferson 160 years earlier com- meet on Wednesday, February 22, 1995, It is the necessary lubricating oil for the ma- pared political extremists to ‘‘patients of at 9:30 a.m. for a hearing on S. 219, the chinery of a free society. In its absence, the Bedlam, needing medical more than moral Regulatory Transition Act of 1995. gears of democracy grind in noisy dissonance counsel.’’ He despaired of ‘‘any attempt to The PRESIDING OFFICER. Without to a screeching halt. set one of these zealots to right, either in objection, it is so ordered. Webster’s New Twentieth Century Dic- fact or principle.’’ tionary defines civility as the state of being COMMITTEE ON LABOR AND HUMAN RESOURCES civilized. Its marks, the dictionary notes, are Presently, things are going better. Amer- Mr. HATCH. Mr. President, I ask politeness, consideration, courtesy. The ican policy is working. In Haiti and Iraq our unanimous consent that the Com- modern term grew from a Latin word, will prevails without war. North Korea, after mittee on Labor and Human Resources civilitas. In its original form, it signified 40 years of implacable hostility, agrees to re- be authorized to meet for a hearing on ‘‘the art of government.’’ move its nuclear threat. World tensions Ryan White Care Act reauthorization, The preservation of liberties—free speech, abate. Israel and Jordan proclaim a historic peace. At home the economy grows, unem- during the session of the Senate on free press, free religious expression—has al- ways exacted a price. Part of that price is ci- ployment falls, prices are stable. We should Wednesday, February 22, 1995 at 9:30 rejoice, but we don’t. a.m. vility, respect for the institutions of our gov- The PRESIDING OFFICER. Without ernment and fellow citizens with whom we Pollsters report a sour mood, agitated to disagree. Deprived of its oxygen, the lungs of anger by apostles of discontent. Seldom have objection, it is so ordered. a democratic society would ultimately col- political partisans so boldly boasted of ob- SELECT COMMITTEE ON INTELLIGENCE lapse. struction, so viciously attacked colleagues Mr. HATCH. Mr. President, I ask Too much of what passes for debate in this and their own institutions. What’s missing is unanimous consent that the Select election year, protected by the liberties to civility.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2974 CONGRESSIONAL RECORD — SENATE February 22, 1995 The assault on mutual respect has per- registration. About 3,700 voters were renew drivers licenses. Consequently, vaded Congress. Republicans, desperate after registered in Washington State within there will be less need to hire addi- 40 years in the minority, are turning ever the first 7 days of motor-voter oper- tional registrars to handle the higher more negative. Some nervous Democrats fol- ation. Florida has been averaging more volume of registration that typically low suit. Not only do dissident members at- tack the personal integrity of our president, than 3,000 new voter registrations per occurs in some States before registra- but they seem out to weaken and destroy day from people obtaining drivers li- tion deadlines. Congress itself. Absurdly, they think this is censes. The successes continue to be Mr. President, it is my strongly held what the public wants. documented in other States such as view that we must be careful about at- Senate Republican Leader Bob Dole and Georgia, where more than 18,000 people taching price tags to civil rights. Imag- House Whip Newt Gingrich recently pledged have been registered under the new ine if we had decided not to extend the support on the Capitol steps for a constitu- procedures since January 1, 1995, and in right to vote to 18-year-olds, women, or tional amendment to limit congressional Kentucky where 10,000 new voters were other minorities because it would place terms. House members should not be trusted, the argument goes, to serve faithfully for registered in the first 10 days of imple- a burden on the States due to an in- more than six years, nor senators for more mentation. In my own State of Mary- creased workload or the purchasing of than 12. land, approximately 90,000 people have new voting machines. The National But at the heart of this gimmicky assault been registered through the Motor Ve- Voter Registration Act is already mak- on the Constitution lies an unspoken as- hicle Administration in 1995 alone, and ing it easier for citizens to exercise one sumption that the public cannot be trusted Maryland election officials expect an of the most fundamental rights of a de- to choose wisely. The hypocrisy of the posi- additional 900,000 citizens to register mocracy—the right to vote. A healthy tion that these two publicly profess is trans- under the new system. democracy thrives on the active par- parent in the fact that Dole has been in Con- While some critics of this legislation gress continuously since 1960, and Gingrich, ticipation of the governed. who would limit future colleagues to no have charged that by making voter This important new law is clearly more than three terms, is seeking his ninth. registration easier, there may be in- working and should not be repealed nor If their logic should ever prevail, the legis- creased opportunities for fraud, the bill should its implementation be delayed lative branch will be vastly weakened, bereft includes important safeguards to pre- as some have proposed.∑ of strong and experienced leaders, much vent such fraud. The mail registration f more at the mercy of an authoritative execu- form requires a statement of eligibility tive branch. There will be no Sam Rayburns, to vote, an attestation that the appli- CUBAN LIBERTY AND DEMOCRATIC no Robert A. Tafts, no Arthur Vandenbergs cant meets each requirement of eligi- SOLIDARITY ACT—S. 381 or Barry Goldwaters to curb the presidential ∑ appetite for power or to soften its occasional bility to vote, and the signature of the Mr. LIEBERMAN. Mr. President, I rashness with their wisdom. And civility.∑ applicant under penalty of perjury. am pleased to join several of my col- Mr. President, there are further mis- leagues as a cosponsor of the Cuban f conceptions surrounding this bill that Liberty and Democratic Solidarity NATIONAL VOTER REGISTRATION should be clarified. First, though agen- Act, although I have reservations con- ACT cies are required to provide registrants cerning the trade sanctions included in ∑ Mr. SARBANES. Mr. President, I rise with assistance when requested, the the legislation. Fidel Castro’s 36-year today to draw to the attention of the National Voter Registration Act does dictatorship has been catastrophic for Senate my concern about declines in not require agency personnel to fill out Cuba’s society and economy. Agricul- recent decades in voter participation in registration forms—it is the applicant tural and industrial production have local and national elections. In the 1988 who fills out the form. Second, the leg- been stymied by authoritarian state election, only about half of those citi- islation requires that an applicant be control. Many of Cuba’s most skilled zens eligible to vote went to the polls. informed that the quality and quantity and talented citizens have chosen to While turnout improved during the last of Government assistance they receive risk their lives to achieve freedom else- Presidential election, voter participa- will not be effected by their willingness where, including the United States. tion remains low in this country com- or refusal to register. Third, the legis- Meanwhile, living standards for those pared to other advanced democratic lation protects the privacy of the appli- who remained have fallen steadily. The countries. According to the Congres- cant by restricting the use of voter reg- backward direction of Cuba’s develop- sional Research Service, only 61 per- istration information. An applicant has ment stands in sharp contrast to other cent of U.S. citizens eligible to vote are the option of completing the form at states in Central and South America, registered. While there are many rea- home and returning it by mail, and who have flourished under policies of sons why people do not vote, studies in- agency employees may not force an in- market and democratic liberalization. dicate that the major reason is that dividual to register or attempt to per- Castro is among the last adherents to they are not registered. In fact, the Bu- suade an applicant to join a particular the bankrupt philosophy of Communist reau of Census reports that voter turn- political party. authoritarianism. The Cuban people out of registered voters in Presidential I understand that concerns have also cannot move forward to the prosperity elections typically exceeds 85 percent. been raised about potential additional which their human and natural re- Recognizing the need to establish costs for State and local governments sources entitle them as long as Cas- uniform national voter registration to implement this legislation. I would tro’s authoritarian rule remains intact. procedures to allow greater opportuni- simply note that any increased costs The United States must continue to do ties for all eligible citizens to partici- for a State to comply with the uniform what it can to help the Cuban people in pate in the electoral process, the U.S. voter registration standards provided their struggle for economic and polit- Congress adopted the National Voter by this legislation would be relatively ical freedom and to reestablish the rule Registration Act early in the 103d Con- small, particularly in those States, of law. gress, legislation I was proud to sup- such as Maryland, that have already We also have an obligation to Amer- port. The National Voter Registration taken steps to increase the opportunity ican citizens, many of whom have unre- Act, also known as the motor-voter for citizens to register to vote. In addi- solved property claims against the Cas- bill, provides greater opportunities for tion, the legislation provides relief to tro government, to work for justice on all eligible citizens to participate in all States in the form of a postal rate their behalf. At the same time, I be- the electoral process. reduction for State and local election lieve the United States must balance The methods for voter registration officials which will save State and its goals in Cuba with other important established by the legislation—by mail, local governments more than $4 mil- foreign policy objectives, such as free as part of drivers license renewal, and lion per year. There are also expected trade and support for market and polit- when visiting Government agencies— to be savings through the use of uni- ical reforms in other countries. Accord- are well tested and successful methods form registration forms in those States ingly, I associate myself with the ob- for registering voters. And, in fact, that have not yet adopted uniformity jectives of the Cuban Liberty and States which have implemented the between jurisdictions and because Democratic Solidarity Act and look motor-voter provisions have experi- voter registration is now likely to be forward to working with my colleagues enced significant increases in voter spread out over the year as people to improve the bill particularly in the

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2975 trade areas as it receives further con- that we otherwise would never have had. The of such executive session shall be made pub- sideration.∑ love of parent for child has no equal, and lov- lic either in whole or in part by way of sum- ing Benjamin and Anthony was given us a mary, unless specifically authorized by the f window on a world previously closed to us. Chairman of the Committee and the Ranking HOW COLORBLIND ADOPTIONS Now, as parents, we hurt for the young black Minority Member of the Committee or by a CHANGED AND ENRICHED OUR males who are considered threats just be- majority vote of the Committee. LIVES cause of their race. (d) Interrogation of witnesses.—Committee Interracial adoption breaks down barriers interrogation of a witness shall be conducted ∑ Mr. SIMON. Mr. President, for sev- and increases understanding in new ways only by members of the Committee or such eral years I had an outstanding staff that filter through the extended family. professional staff as is authorized by the member, Pamela J. Huey, who, unfor- Grandparents, aunts, uncles, brothers, sis- Chairman or the Ranking Minority Member tunately for me, moved to Minneapolis ters and cousins, even neighbors and family of the Committee. with her husband and family. friends, also are exposed to this new under- (e) Prior notice of markup sessions.—No ses- She was not only a superb staff per- standing and a family love that crosses ra- sion of the Committee or a Subcommittee cial lines. for marking up any measure shall be held son but she is a genuine humanitarian. We hope growing up in our racially blended unless (1) each member of the Committee or She and her husband have adopted family will give Benjamin and Anthony the Subcommittee, as the case may be, has two African-American children. I have skills for living in both white and black been notified in writing of the date, time, seen Benjamin develop into a fine worlds and that their worlds will be more and place of such session and has been fur- young man and their new child, An- human and loving, rather than divided along nished a copy of the measure to be consid- thony, I am sure will do the same. racial lines. ered at least 3 business days prior to the She has written for the Minneapolis Harvard Law Prof. Elizabeth Bartholet commencement of such session, or (2) the Star Tribune an article titled, ‘‘Color- wrote in the May 1991 issue of the University Chairman of the Committee or Sub- blind Adoptions Changed and Enriched of Pennsylvania Law Review that committee determines that exigent cir- ‘‘transracial adoptees appear more positive cumstances exist requiring that the session Our Lives.’’ than blacks raised inracially about relation- be held sooner. I ask that her article be printed in ships with whites, more comfortable in those (f) Prior notice of first degree amendments.— the RECORD. relationships and more interested in a ra- It shall not be in order for the Committee or The article follows: cially integrated lifestyle.’’ a Subcommittee to consider any amendment [From the Minneapolis Star Tribune, Jan. 29, American University Prof. Rita Simon, in the first degree proposed to any measure 1995] who has done exhaustive studies on the long- under consideration by the Committee or COLORBLIND ADOPTIONS CHANGED AND term effects of these adoptions, has written Subcommittee unless (1) fifty written copies ENRICHED OUR LIVES that transracial adoptees perceive ‘‘their of such amendment have been delivered to world as essentially pluralistic and multicol- the office of the Committee at least 2 busi- (By Pamela Huey) ored.’’ ness days prior to the meeting, or (2) with re- The national debate on welfare reform, We hope we are not being naive. We know spect to multiple first degree amendments, teenage pregnancy and orphanages demands Benjamin and Anthony will face racism and each of which would strike a single section another look at transracial adoption as one hatred in future years, and we are trying to of the measure under consideration, fifty positive alternative for children who need prepare them for that. copies of a single written notice listing such stable, loving homes. As we prepared for our second adoption, I specific sections have been delivered to the While some within the African-American asked Benjamin what kind of sister or broth- Committee at least 2 business days prior to community and other minorities continue to er he would like. His first response was the meeting. An amendment to strike a sec- oppose the adoption of children of color by ‘‘black.’’ But then he thought for a moment tion of the measure under consideration by Caucasian parents, I would argue that such and responded, ‘‘Any color would be OK.’’ the Committee or Subcommittee shall not be adoptions are not only successful but desir- Pamela Huey is a journalist who lives in amendable in the second degree by the Sen- able, producing benefits for parents, children Minneapolis.∑ ator offering the amendment to strike. This and society as a whole. f subsection may be waived by a majority of Five years ago, childless and wanting to the members of the Committee or Sub- start a family, my husband and I approached RULES OF PROCEDURE OF THE committee voting, or by agreement of the an agency in Washington, D.C., specializing COMMITTEE ON BANKING Chairman and Ranking Minority Member. in foreign adoptions. But the paperwork, red ∑ Mr. D’AMATO. Mr. President, I ask This subsection shall apply only when at tape, cost and prospect of spending an unde- least 3 business days written notice of a ses- termined amount of time in another country that the rules of procedure and juris- sion to markup a measure is required to be were daunting. diction of the Committee on Banking, given under subsection (e) of this rule. We learned our agency did receive ‘‘domes- Housing, and Urban Affairs be printed (g) Cordon rule.—Whenever a bill or joint tic’’ placements but these children were in the RECORD. resolution repealing or amending any stat- nearly always black or biracial. We won- ute or part thereof shall be before the Com- dered why, if there were babies in our own RULES OF PROCEDURE FOR THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS mittee or Subcommittee, from initial consid- country in need of loving, nurturing homes, eration in hearings through final consider- (Adopted in executive session, January 11, would anyone travel halfway around the ation, the Clerk shall place before each 1995) world for a baby? Skin color seemed the only member of the Committee or Subcommittee answer. We told the agency that the race of RULE 1.—REGULAR MEETING DATE FOR a print of the statute or the part or section the child did not matter—a baby was a COMMITTEE thereof to be amended or repealed showing baby—and within seven months we were par- The regular meeting day for the Com- by stricken-through type, the part or parts ents of a beautiful black 17-day-old boy. This mittee to transact its business shall be the to be omitted, and in italics, the matter pro- Christmas, we became parents of Anthony, a last Tuesday in each month that the Senate posed to be added. In addition, whenever a 6-week-old African-American baby, also born is in Session; except that if the Committee member of the Committee or Subcommittee in Washington, D.C. has met at any time during the month prior offers an amendment to a bill or joint resolu- Adopting Benjamin and Anthony has to the last Tuesday of the month, the regular tion under consideration, those amendments changed and enriched our lives in profound meeting of the Committee may be canceled shall be presented to the Committee or Sub- ways that we did not anticipate. at the discretion of the Chairman. committee in a like form, showing by typo- When we moved to the Twin Cities in 1992, graphical devices the effect of the proposed we chose an integrated neighborhood in RULE 2.—COMMITTEE amendment on existing law. The require- south Minneapolis. (a) Investigations.—No investigation shall ments of this subsection may be waived The church we chose, Park Avenue United be initiated by the Committee unless the when, in the opinion of the Committee or Methodist, has a spiritual mission to in- Senate, or the full Committee, or the Chair- Subcommittee Chairman, it is necessary to crease understanding between the races and man and Ranking Minority Member have expedite the business of the Committee or to bring people together as one to worship specifically authorized such investigation. Subcommittee. God. (b) Hearings.—No hearing of the Committee Benjamin attends Seed Academy, a private shall be scheduled outside the District of Co- RULE 3.—SUBCOMMITTEES school with an Afrocentric curriculum. lumbia except by agreement between the (a) Authorization for.—A Subcommittee of We’ve attended classes for multicultural Chairman of the Committee and the Ranking the Committee may be authorized only by families. We’ve participated in the YMCA’s Minority Member of the Committee or by a the action of a majority of the Committee. ‘‘home team’’ program for multicultural majority vote of the Committee. (b) Membership.—No member may be a families. The Twin Cities area seems to have (c) Confidential testimony.—No confidential member of more than three Subcommittees no end of opportunities for us. testimony taken or confidential material and no member may chair more than one But most importantly, we have a perspec- presented at an executive session of the Subcommittee. No member will receive as- tive on race relations and racial prejudice Committee or any report of the proceedings signment to a second Subcommittee until, in

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2976 CONGRESSIONAL RECORD — SENATE February 22, 1995 order of seniority, all members of the Com- or her vote to be recorded thereon. By writ- Committee unless a majority of the Com- mittee have chosen assignments to one Sub- ten notice to the Chairman of the Sub- mittee is actually present. The vote of the committee, and no member shall receive as- committee any time before the record vote Committee to report a measure or matter signment to a third Subcommittee until, in on the measure or matter concerned is shall require the concurrence of a majority order of seniority, all members have chosen taken, the member may withdraw a proxy of the members of the Committee who are assignments to two Subcommittees. previously given. All proxies shall be kept in present. (c) Investigations.—No investigation shall the files of the Committee. Any absent member may affirmatively re- be initiated by a Subcommittee unless the RULE 4.—WITNESSES quest that his or her vote to report a matter Senate or the full Committee has specifi- be cast by proxy. The proxy shall be suffi- (a) Filing of statements.—Any witness ap- cally authorized such investigation. ciently clear to identify the subject matter, pearing before the Committee or Sub- (d) Hearings.—No hearing of a Sub- and to inform the Committee as to how the committee shall be scheduled outside the committee (including any witness rep- member wishes his vote to be recorded there- District of Columbia without prior consulta- resenting a Government agency) must file on. By written notice to the Chairman any tion with the Chairman and then only by with the Committee or Subcommittee (24 time before the record vote on the measure agreement between the Chairman of the Sub- hours preceding his or her appearance) 120 or matter concerned is taken, any member committee and the Ranking Minority Mem- copies of his statement to the Committee or may withdraw a proxy previously given. All ber of the Subcommittee or by a majority Subcommittee, and the statement must in- proxies shall be kept in the files of the Com- vote of the Subcommittee. clude a brief summary of the testimony. In mittee, along with the record of the rollcall (e) Confidential testimony.—No confidential the event that the witness fails to file a writ- vote of the members present and voting, as testimony taken or confidential material ten statement and brief summary in accord- an official record of the vote on the measure presented at an executive session of the Sub- ance with this rule, the Chairman of the or matter. committee or any report of the proceedings Committee or Subcommittee has the discre- (b) Vote on matters other than to report a of such executive session shall be made pub- tion to deny the witness the privilege of tes- measure or matter.—On Committee matters lic, either in whole or in part or by way of tifying before the Committee or Sub- other than a vote to report a measure or summary, unless specifically authorized by committee until the witness has properly matter, no record vote shall be taken unless the Chairman of the Subcommittee and the complied with the rule. a majority of the Committee are actually Ranking Minority Member of the Sub- (b) Length of statements.—Written state- present. On any such other matter, a mem- committee, or by a majority vote of the Sub- ments properly filed with the Committee or ber of the Committee may request that his committee. Subcommittee may be as lengthy as the wit- or her vote may be cast by proxy. The proxy (f) Interrogation of witnesses.—Sub- ness desires and may contain such docu- shall be in writing and shall be sufficiently committee interrogation of a witness shall ments or other addenda as the witness feels clear to identify the subject matter, and to be conducted only by members of the Sub- is necessary to present properly his or her inform the Committee as to how the member committee or such professional staff as is au- views to the Committee or Subcommittee. wishes his or her vote to be recorded there- thorized by the Chairman or the Ranking The brief summary included in the state- on. By written notice to the Chairman any Minority Member of the Subcommittee. ment must be no more than 3 pages long. It time before the vote on such other matter is (g) Special meetings.—If at least three mem- shall be left to the discretion of the Chair- taken, the member may withdraw a proxy bers of a Subcommittee desire that a special man of the Committee or Subcommittee as previously given. All proxies relating to such meeting of the Subcommittee be called by to what portion of the documents presented other matters shall be kept in the files of the the Chairman of the Subcommittee, those to the Committee or Subcommittee shall be Committee. members may file in the offices of the Com- published in the printed transcript of the RULE 6.—QUORUM mittee their written request to the Chair- hearings. No executive session of the Committee or a man of the Subcommittee for that special (c) Ten-minute duration.—Oral statements Subcommittee shall be called to order unless meeting. Immediately upon the filing of the of witnesses shall be based upon their filed a majority of the Committee or Sub- request, the Clerk of the Committee shall statements but shall be limited to 10 min- committee, as the case may be, are actually notify the Chairman of the Subcommittee of utes duration. This period may be limited or present. Unless the Committee otherwise the filing of the request. If, within 3 calendar extended at the discretion of the Chairman provides or is required by the Rules of the days after the filing of the request, the presiding at the hearings. Senate, one member shall constitute a Chairman of the Subcommittee does not call (d) Subpoena of witnesses.—Witnesses may quorum for the receipt of evidence, the the requested special meeting, to be held be subpoenaed by the Chairman of the Com- swearing in of witnesses, and the taking of within 7 calendar days after the filing of the mittee or a Subcommittee with the agree- testimony. ment of the Ranking Minority Member of request, a majority of the members of the RULE 7.—STAFF PRESENT ON DAIS Subcommittee may file in the offices of the the Committee or Subcommittee or by a ma- Only members and the Clerk of the Com- Committee their written notice that a spe- jority vote of the Committee or Sub- mittee shall be permitted on the dais during cial meeting of the Subcommittee will be committee. public or executive hearings, except that a held, specifying the date and hour of that (e) Counsel permitted.—Any witness subpoe- member may have one staff person accom- special meeting. The Subcommittee shall naed by the Committee or Subcommittee to pany him or her during such public or execu- meet on that date and hour. Immediately a public or executive hearing may be accom- tive hearing on the dais. If a member desires upon the filing of the notice, the Clerk of the panied by counsel of his or her own choosing a second staff person to accompany him or Committee shall notify all members of the who shall be permitted, while the witness is her on the dais he or she must make a re- Subcommittee that such special meeting testifying, to advise him or her of his or her quest to the Chairman for that purpose. will be held and inform them of its date and legal rights. hour. If the Chairman of the Subcommittee (f) Expenses of witnesses.—No witness shall RULE 8.—COINAGE LEGISLATION is not present at any regular or special meet- be reimbursed for his or her appearance at a At least 40 Senators must cosponsor any ing of the Subcommittee, the Ranking Mem- public or executive hearing before the Com- gold medal or commemorative coin bill or ber of the majority party on the Sub- mittee or Subcommittee unless such reim- resolution before consideration by the Com- committee who is present shall preside at bursement is agreed to by the Chairman and mittee. that meeting. Ranking Minority Member of the Com- (h) Voting.—No measure or matter shall be mittee. EXTRACTS FROM THE STANDING RULES OF THE recommended from a Subcommittee to the (g) Limits of questions.—Questioning of a SENATE Committee unless a majority of the Sub- witness by members shall be limited to 5 RULE XXV, STANDING COMMITTEES committee are actually present. The vote of minutes duration when 5 or more members 1. The following standing committees shall the Subcommittee to recommend a measure are present and 10 minutes duration when be appointed at the commencement of each or matter to the Committee shall require the less than 5 members are present, except that Congress, and shall continue and have the concurrence of a majority of the members of if a member is unable to finish his or her power to act until their successors are ap- the Subcommittee voting. On Subcommittee questioning in this period, he or she may be pointed, with leave to report by bill or other- matters other than a vote to recommend a permitted further questions of the witness wise on matters within their respective ju- measure or matter to the Committee no after all members have been given an oppor- risdictions: record vote shall be taken unless a majority tunity to question the witness. Additional opportunity to question a wit- * * * * * of the Subcommittee is actually present. (d)(1) Committee on Banking, Housing, and Any absent member of a Subcommittee may ness shall be limited to a duration of 5 min- utes until all members have been given the Urban Affairs, to which committee shall be affirmatively request that his or her vote to referred all proposed legislation, messages, recommend a measure or matter to the Com- opportunity of questioning the witness for a second time. This 5-minute period per mem- petitions, memorials, and other matters re- mittee or his vote on any such other matters lating to the following subjects: on which a record vote is taken, be cast by ber will be continued until all members have exhausted their questions of the witness. 1. Banks, banking, and financial institu- proxy. The proxy shall be in writing and tions. shall be sufficiently clear to identify the RULE 5.—VOTING 2. Control of prices of commodities, rents, subject matter and to inform the Sub- (a) Vote to report a measure or matter.—No and services. committee as to how the member wishes his measure or matter shall be reported from the 3. Deposit insurance.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2977 4. Economic stabilization and defense pro- standing African-Americans. Maryland er? Black History Month is a time to duction. was a bedrock of the Underground Rail- celebrate—to celebrate all of the great 5. Export and foreign trade promotion. road which helped many African-Amer- achievements of African-Americans, to 6. Export controls. icans find their way out of slavery to celebrate how far this country has 7. Federal monetary policy, including Fed- eral Reserve System. freedom. In fact, Harriet Tubman, the come, and to remind us of how much 8. Financial aid to commerce and industry. African-American woman credited with further we have to go.∑ 9. Issuance and redemption of notes. leading more than 300 men, women, and f 10. Money and credit, including currency children to freedom on the Under- and coinage. ground Railroad was a Marylander. The U.S. POLICY VIS-A-VIS SERBIA 11. Nursing home construction. history of Maryland is replete with the ∑ Mr. LIEBERMAN. Mr. President, I 12. Public and private housing (including contributions of African-Americans, would like to express my strong dis- veterans’ housing). many of which have gone undocu- approval at the latest developments in 13. Renegotiation of Government con- mented and unrecognized. Black His- the administration’s approach to Bos- tracts. 14. Urban development and urban mass tory Month affords us an opportunity nia. The national press reported last transit. to honor our heroes both past and week the administration’s decision to (2) Such committee shall also study and re- present, and to remind ourselves of the concur with a Contact Group proposal view, on a comprehensive basis, matters re- many national heroes whose faces do to offer Serbia a complete lifting of lating to international economic policy as it not adorn currency or postage stamps U.N. sanctions if it would recognize the affects United States monetary affairs, cred- and whose stories are not told in his- independence of Croatia and Bosnia it, and financial institutions; economic tory books or encyclopedias. and cut off arms to rebel Serbian ar- growth, urban affairs, and credit, and report During this month of celebration, mies in both countries. thereon from time to time. one of the three great African-Ameri- This might have been a reasonable cans receiving special honor across the proposal if, as the New York Times put COMMITTEE PROCEDURES FOR PRESIDENTIAL NOMINEES Nation is Frederick Douglass, a man it, ‘‘Serbia’s President, Slobodan whose life symbolized heroism. Born on Procedures formally adopted by the U.S. Milosevic, had a record of honoring his Senate Committee on Banking, Housing, and Maryland’s Eastern Shore in 1818, commitments, or if the five-power Urban Affairs, February 4, 1981, establish a Frederick Douglass escaped slavery to group had a record of insisting on com- uniform questionnaire for all Presidential become one of the leading abolitionists pliance with its deals. Neither is true.’’ nominees whose confirmation hearings come of his time. For Frederick Douglass it This latest step in United States before this Committee. was not enough that he won his own compliance with the Contact Group’s In addition, the procedures establish that: freedom; he spent his life fighting for policy of appeasement followed the de- (1) A confirmation hearing shall normally the freedom and advancement of mil- cision just 1 month ago to extend for be held at least 5 days after receipt of the lions of other people. His life, like the another 100 days a partial easing of completed questionnaire by the Committee unless waived by a majority vote of the Com- lives of many of the other men and U.N. sanctions on Serbia with the un- mittee. women honored during Black History derstanding that it would deny assist- (2) The Committee shall vote on the con- Month, was a life of triumph against ance to rebel Serbs in both Croatia and firmation not less than 24 hours after the overwhelming odds. One only has to Bosnia. During the previous 100-day, Committee has received transcripts of the visit the birthplace of Frederick Doug- sanctions-easing period last fall, SAM 6 hearing unless waived by unanimous con- lass and take a moment to imagine it missiles mysteriously appeared at Ser- sent. without the nearby highway, auto- bian positions in Bosnia and regular (3) All nominees routinely shall testify mobiles, and convenience stores in soldiers of the Serbian army partici- under oath at their confirmation hearings. This questionnaire shall be made a part of order to have an inkling of the chal- pated in the Serb attack on Bihac. But the public record except for financial infor- lenges which faced a slave seeking free- since there was no proof of Serbian mation, which shall be kept confidential. dom. Not only was there the challenge complicity, the sanctions easing was Nominees are requested to answer all ques- of escaping an isolated plantation and extended. tions, and to add additional pages where nec- the constant fear of recapture and tor- Two weeks ago, U.N. monitors were essary.∑ ture, but also the challenge to self-edu- temporarily barred from a Serbian air- f cate, find work, and build a new life field during a time when U.N. troops in away from all that was familiar. northern Bosnia observed helicopters BLACK HISTORY MONTH The history of African-Americans, travel from Serbia to Bosnian Serb po- ∑ Mr. SARBANES. Mr. President, I rise however, does not begin or end with sitions in Bosnia. Once again, Serbia today to add my voice to those who slavery and the Civil War. Long after created a fact—continued assistance to have already spoken in recognition of the end of slavery, African-Americans the Bosnian Serbs—for which there was February as Black History Month. continued to fight for freedom and all no documentary proof. Since 1926 this nation has designated of its rights. It is a struggle which has Now it appears from press reports February as the month in which we inspired people around the world to that Milosevic has rejected this latest honor the achievements and contribu- fight for their freedom. Mr. President, Contact Group offer, just as the Serbs tions of African-Americans to our his- I utter the name of Frederick Douglass have refused earlier offers—in which tory, our culture, and our future. One not only to honor the man who was the United States has concurred—to ef- could also say that February is the known as Frederick Douglass and who fectively legitimize Serbian gains from month in which we honor our Nation’s achieved so very much with his life, aggression in exchange for promises to unsung heroes—from the African- but for all nameless thousands who cease fighting. American soldiers who have often re- like Frederick Douglass achieved so But even if Milosevic were to agree, ceived no acknowledgment for fighting much from so little—people who gave there is no reason to believe that he in the American Revolution to the Af- their lives so that their children and would honor a new pledge to cease sup- rican-American poets and authors grandchildren might have better lives, porting Serbian aggression in Bosnia often excluded from literary antholo- people who have helped to define the now any more than he has any previous gies. The history of African-Americans real possibilities of freedom and equal- similar promise. And even if Milosevic is the history of what this country has ity in this Nation. were to accept the Contact Group offer, come to mean to so many people Mr. President, as we near the end of this would not necessarily persuade the around the world. It is the history of this month, I hope that each of us will Croatian or Bosnian Serbs to accept possibilities, of dreams, and of the take a moment to remember the les- the peace plans. Both are well supplied equality of all human beings. It is the sons of Black History Month and to at the moment. They need only wait story of insurmountable odds overcome carry them with us throughout the for a few months until Milosevic finds and of challenges yet to be faced. year as a reminder of all that is truly a way to renew his support, as he has Mr. President, my own State of possible. Two hundred years ago, how always done. Maryland has been blessed to be the many Americans would have imagined The Contact Group’s offer to birthplace and home of countless out- a Thurgood Marshall or an Alice Walk- Milosevic was objectionable from the

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2978 CONGRESSIONAL RECORD — SENATE February 22, 1995 outset because it was immoral. It was For one thing, Turdey’s relationship with Yet she hesitates when it comes to the an expression of weakness and indeci- Washington has deteriorated in the post-cold question of renewing ‘‘Operation Provide sion on the part of five of the strongest war era. Meanwhile, Ciller has many soldiers Comfort’’—the program started by the and most principled nations on Earth. deployed fighting terrorists in the southeast United States and the international commu- of Turkey. On the domestic front, she’s en- nity to aid the Kurds in northern Iraq. ‘‘My It remains wrong on the grounds of re- gaged in an effort to reschedule a by-election people have hesitations about Provide Com- alism and practicality, not just be- for some national assembly seats, a vote fort because they feel it might help separate cause Milosevic rejected it, but because originally scheduled for early December. Ex- northern Iraq from the rest of the country,’’ it would not work even if he changed perts have been predicting that Ciller’s party she said. ‘‘We feel the territorial integrity of his mind. wouldn’t fare well in these elections, since Iraq should be maintained.’’ The further we go down the path of the majority of seats at stake are located in Ciller has endeavored to warn Washington appeasement in the Balkans, the more southeast Turkey, where the fundamentalist about Russia’s aggressive posture. ‘‘We know obvious it becomes that not only does ‘‘Welfare Party’’ is strong. what is going on there * * * and we cannot Ciller, however, says confidently, ‘‘We are close our eyes to the fact * * * that there are this policy offer no hope of resolving the majority party in the parliament * * * the Bosnian tragedy, it demeans the forces within Russia who want to go back to and I think we’ll increase that majority. the old empire, to the old ways * * *. Aggres- role of the United States in the world. We’re going to do much better than ANAP sion should be stopped—be it in Bosnia, in I am more convinced than ever that we [the other right-of-center party.] I’m secular Azerbaijan or Kuwait.’’ must abandon the policy of weakness and democratic and progressive and this is Tansu Ciller is looking to the future. She and appeasement and return to the lift- what people want. plans to guide Turkey into the Customs The central threat to Ciller’s party and to and-strike policy President Clinton Union of the European Union. Then, she all mainstream Turkish parties is the rad- brought into the Oval Office in 1993.∑ wants Turkey to play some role in the Mid- ical Islamist ‘‘Welfare Party.’’ The prime dle East peace process. Moreover, she wants f minister nevertheless plays down the fun- to aid the Turkic Republics of the former So- damentalist threat, claiming that the fun- TURKEY’S CONFIDENT LEADER viet Union emerge into independence. damentalists have only 15 or 16 percent of ∑ Mr. SIMON. Mr. President, recently, the vote. Indeed, she argues that their core But, says the prime minister, ‘‘we need ∑ Lally Weymouth had an op-ed piece in vote is even smaller than that; she believes help.’’ She does; she also deserves it. the Washington Post about Turkey’s that Welfare attracts a considerable number remarkable Prime Minister. of protest voters who are reacting to Tur- f It’s a great tribute to her. key’s economic problems. Shouldn’t her party (the True Path) merge The political storms are not easy to RULES OF SELECT COMMITTEE ON weather in Turkey, but one of the with the other right-of-center party (the Motherland Party)—to offer voters a united INTELLIGENCE things that our friends in Turkey must front against the fundamentalists? Ciller, understand is that an improved rela- ∑ Mr. SPECTER. Mr. President, para- who has acquired a populist touch, strikes graph 2 of Senate rule XXVI requires tionship with the United States, and out at the Motherland Party, calling it much of Western Europe, is in the in- elitist, ‘‘the product of the military coup. that not later than March 1 of the first terest of all of us, but it is not likely They had contacts [only] with the upper year of each Congress, the rules of each to happen until Turkey faces up to the class,’’ says Ciller, claiming that her True committee be published in the RECORD. Cyprus question and the Armenia ques- Path Party ‘‘represents the peasants and In compliance with this provision, I tion. small businessmen, the artisans and free ask that the rules of the Select Com- I recognize that is easy for a politi- trades—the private sector.’’ In the next elec- mittee on Intelligence be printed in the tions, she predicts, Turkish voters will opt RECORD. cian of the United States to say, and for one party, and ‘‘very likely it’s going to not easy for a political leader in Tur- be me and my party they will choose.’’ The rules follow: key to say because of the decades of As Ciller sees it, she’s faced with two SELECT COMMITTEE ON INTELLIGENCE—RULES emotion on these issues. major problems: an economic crisis and a OF PROCEDURE But if the people in the Middle East terror threat. In the economic realm, she’s can get together, even though it is not trying to privatize the state sector: ‘‘I’m for RULE 1. CONVENING OF MEETINGS all smooth, and if the people in North- a free market economy * * * but we’ve had 1.1. The regular meeting day of the Select ern Ireland can get together, then it problems in the economy because the gov- Committee on Intelligence for the trans- ernment sector was so big. The government seems to me, the Turks, the Greeks, action of Committee business shall be every is in finance, in banking, in manufacture— other Wednesday of each month, unless oth- and the Armenians ought to be able to everywhere.’’ erwise directed by the Chairman. work out a better relationship than the As for terrorism, when Ciller became prime 1.2. The Chairman shall have authority, one they now have, and that is in the minister, the Syrian-sponsored PKK terror- upon proper notice, to call such additional interest of all parties. ists controlled large areas of southeast Tur- meetings of the Committee as he may deem I ask that the Lally Weymouth col- key. Although she and other Turkish offi- necessary and may delegate such authority umn be printed in the RECORD. cials have not noticed any dropoff in Syrian to any other member of the Committee. support for the terror group, Ciller says she The column follows: 1.3. A special meeting of the Committee has used her army to regain control over [From the Washington Post, Nov. 28, 1994] may be called at any time upon the written much of the southeast. The prime minister request of five or more members of the Com- TURKEY’S CONFIDENT LEADER says confidently that factories and schools mittee filed with the Clerk of the Com- (By Lally Weymouth) are open again after having been closed for mittee. In a country where a radical Islamist party six years. ‘‘Life is going back to normal * * * is growing in strength, and increasingly and I did it in one year,’’ she said. ‘‘We still 1.4. In the case of any meeting of the Com- women are seen on the streets of major cities have problems, but it’s a big step in the right mittee, other than a regularly scheduled wearing the chador, the prime minister is a direction.’’ meeting, the Clerk of the Committee shall decidedly modern woman who has surprised Her government has been criticized for the notify every member of the Committee of the experts with her staying power. From harsh methods used by the army in fighting the time and place of the meeting and shall the day 48-year-old Tansu Ciller came to the PKK, but Ciller claims she had no choice: give reasonable notice which, except in ex- power little over a year ago, analysts have ‘‘The fight was not against people living in traordinary circumstances, shall be at least been predicting the fall of her coalition. So the southeast [but] against the PKK who 24 hours in advance of any meeting held in far, however, she has managed to prove them were killing the Kurdish and Turkish people Washington, D.C. and at least 48 hours in the wrong. without discrimination.’’ case of any meeting held outside Wash- It remains true, however, that virtually Turning to foreign affairs, Ciller notes that ington, D.C. every move Ciller makes is controversial. Turkey was a faithful U.S. ally during the 1.5. If five members of the Committee have Some Turks criticize her as a disorganized Cold War, and cooperated with the United made a request in writing to the Chairman novice; she’s an academic-turned-prime min- States and its allies in prosecuting the gulf to call a meeting of the Committee, and the ister. Others say she has failed to deal with war, shutting down an oil pipeline from Iraq Chairman fails to call such a meeting within Turkey’s economic crisis; inflation this year that had produced large revenues for Turkey, seven calendar days thereafter, including the is running at 116 percent, and the growth thus causing economic hardship. day on which the written notice is sub- rate is negative. Recently, when Saddam marched toward mitted, these members may call a meeting Yet the prime minister appears cool and Kuwait, Ciller said she told President Clin- by filing a written notice with the Clerk of unflappable as she stops out of a helicopter ton that ‘‘we back the U.S. 100 percent and the committee who shall promptly notify in Istanbul and enters her palace to talk that I would provide any help the president each member of the Committee in writing of about Turkey’s problems. would ask.’’ the date and time of the meeting.

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RULE 2. MEETING PROCEDURES 5.2. Each member of the Committee shall 8.5 STATEMENTS BY WITNESSES.—A witness 2.1. Meetings of the Committee shall be be promptly furnished a copy of all nomina- may make a statement, which shall be brief open to the public except as provided in S. tions referred to the Committee. and relevant, at the beginning and conclu- Res. 9, 94th Congress, 1st Session. 5.3. Nominees who are invited to appear be- sion of his or her testimony. Such state- 2.2. It shall be the duty of the Staff Direc- fore the Committee shall be heard in public ments shall not exceed a reasonable period of tor to keep or cause to be kept a record of all session, except as provided in Rule 2.1. time as determined by the Chairman, or Committee proceedings. 5.4. No confirmation hearing shall be held other presiding members. Any witness desir- 2.3. The Chairman of the Committee, or if sooner than seven days after receipt of the ing to make a prepared or written statement the Chairman is not present the Vice Chair- background and financial disclosure state- for the record of the proceedings shall file a man, shall preside over all meetings of the ment unless the time limit is waived by a copy with the Clerk of the Committee, and Committee. In the absence of the Chairman majority vote of the Committee. insofar as practicable and consistent with and the Vice Chairman at any meeting the 5.5 The Committee vote on the confirma- the notice given, shall do so at least 72 hours ranking majority member, or if no majority tion shall not be sooner than 48 hours after in advance of his or her appearance before member is present the ranking minority the Committee has received transcripts of the Committee. member present shall preside. the confirmation hearing unless the time 8.6 OBJECTIONS AND RULINGS.—Any objec- 2.4. Except as otherwise provided in these limit is waived by unanimous consent of the tion raised by a witness or counsel shall be Rules, decisions of the Committee shall be Committee. ruled upon by the Chairman or other pre- by a majority vote of the members present 5.6 No nomination shall be reported to the siding member, and such ruling shall be the and voting. A quorum for the transaction of Senate unless the nominee has filed a back- ruling of the Committee unless a majority of Committee business, including the conduct ground and financial disclosure statement the Committee present overrules the ruling of executive sessions, shall consist of no less with the Committee. of the chair. than one third of the Committee Members, RULE 6. INVESTIGATIONS 8.7 INSPECTION AND CORRECTION.—All wit- except that for the purpose of hearing wit- No investigation shall be initiated by the nesses testifying before the Committee shall nesses, taking sworn testimony, and receiv- Committee unless at least five members of be given a reasonable opportunity to inspect, ing evidence under oath, a quorum may con- the Committee have specifically requested in the office of the Committee, the tran- sist of one Senator. the Chairman or the Vice Chairman to au- script of their testimony to determine 2.5. A vote by any member of the Com- thorize such an investigation. Authorized in- whether such testimony was correctly tran- mittee with respect to any measure or mat- vestigations may be conducted by members scribed. The witness may be accompanied by ter being considered by the Committee may of the Committee and/or designated Com- counsel. Any corrections the witness desires be cast by proxy if the proxy authorization mittee staff members. to make in the transcript shall be submitted (1) is in writing; (2) designates the member of RULE 7. SUBPOENAS in writing to the Committee within five days the Committee who is to exercise the proxy; from the date when the transcript was made and (3) is limited to a specific measure or Subpoenas authorized by the Committee available to the witness. Corrections shall be matter and any amendments pertaining for the attendance of witnesses or the pro- limited to grammar and minor editing, and thereto. Proxies shall not be considered for duction of memoranda, documents, records may not be made to change the substance of the establishment of a quorum. or any other material may be issued by the the testimony. Any questions arising with 2.6. Whenever the Committee by roll call Chairman, the Vice Chairman, or any mem- respect to such corrections shall be decided vote reports any measure or matter, the re- ber of the Committee designated by the by the Chairman. Upon request, those parts port of the Committee upon such measure or Chairman, and may be served by any person of testimony given by a witness in executive matter shall include a tabulation of the designated by the Chairman. Vice Chairman session which are subsequently quoted or votes cast in favor of and the votes case in or member issuing the subpoenas. Each sub- made part of a public record shall be made opposition to such measure or matter by poena shall have attached thereto a copy of available to that witness at his or her ex- each member of the Committee. S. Res. 400, 94th Congress, 2nd Session and a copy of these rules. pense. RULE 3. SUBCOMMITTEES 8.8 REQUESTS TO TESTIFY.—The Committee Creation of subcommittees shall be by ma- RULE 8. PROCEDURES RELATED TO THE TAKING OF TESTIMONY will consider requests to testify on any mat- jority vote of the Committee. Subcommit- ter or measure pending before the Com- 8.1 NOTICE.—Witnesses required to appear tees shall deal with such legislation and mittee. A person who believes that testi- before the Committee shall be given reason- oversight of programs and policies as the mony or other evidence presented at a public able notice and all witnesses shall be fur- Committee may direct. The subcommittees hearing, or any comment made by a Com- nished a copy of these Rules. shall be governed by the Rules of the Com- mittee member or a member of the Com- 8.2 OATH OR AFFIRMATION.—Testimony of mittee and by such other rules they may mittee staff may tend to affect adversely his witnesses shall be given under oath or affir- adopt which are consistent with the Rules of or her reputation, may request to appear mation which may be administered by any the Committee. personally before the Committee to testify member of the Committee. RULE 4. REPORTING OF MEASURES OR on his or her own behalf, or may file a sworn 8.3 INTERROGATION.—Committee interroga- RECOMMENDATIONS statement of facts relevant to the testimony, tion shall be conducted by members of the evidence, or comment, or may submit to the 4.1. No measures or recommendations shall Committee and such Committee staff as are Chairman proposed questions in writing for be reported, favorably or unfavorably, from authorized by the Chairman, Vice Chairman, the cross-examination of other witnesses. the Committee unless a majority of the or the presiding member. Committee is actually present and a major- The Committee shall take such action as it 8.4 COUNSEL FOR THE WITNESS.—(a) Any deems appropriate. ity concur. witness may be accompanied by counsel. A 4.2. In any case in which the Committee is witness who is unable to obtain counsel may 8.9 CONTEMPT PROCEDURES.—No rec- unable to reach a unanimous decision, sepa- inform the Committee of such fact. If the ommendation that a person be cited for con- rate views or reports may be presented by witness informs the Committee of this fact tempt of Congress shall be forwarded to the any member or members of the Committee. at least 24 hours prior to his or her appear- Senate unless and until the Committee has, 4.3. A member of the Committee who gives ance before the Committee, the Committee upon notice to all its members, met and con- notice of his intention to file supplemental, shall then endeavor to obtain voluntary sidered the alleged contempt, afforded the minority, or additional views at the time of counsel for the witness. Failure to obtain person an opportunity to state in writing or final Committee approval of a measure or counsel will not excuse the witness from ap- in person why he or she should not be held in matter, shall be entitled to not less than pearing and testifying. contempt, and agreed by majority vote of three working days in which to file such (b) Counsel shall conduct themselves in an the Committee, to forward such rec- views, in writing with the Clerk of the Com- ethical and professional manner. Failure to ommendation to the Senate. mittee. Such views shall then be included in do so shall, upon a finding to that effect by 8.10 RELEASE OF NAME OF WITNESS.—Unless the Committee report and printed in the a majority of the members present, subject authorized by the Chairman, the name of same volume, as a part thereof, and their in- such counsel to disciplinary action which any witness scheduled to be heard by the clusion shall be noted on the cover of the re- may include warning, censure, removal, or a Committee shall not be released prior to, or port. recommendation of contempt proceedings. after, his or her appearance before the Com- 4.4. Routine, non-legislative actions re- (c) There shall be no direct or cross-exam- mittee. quired of the Committee may be taken in ac- ination by counsel. However, counsel may cordance with procedures that have been ap- RULE 9. PROCEDURES FOR HANDLING CLASSIFIED submit in writing any question he wishes proved by the Committee pursuant to these OR SENSITIVE MATERIAL propounded to his client or to any other wit- Committee Rules. ness and may, at the conclusion of his cli- 9.1 Committee staff offices shall operate RULE 5. NOMINATIONS ent’s testimony, suggest the presentation of under strict precautions. At least one secu- 5.1. Unless otherwise ordered by the Com- other evidence or the calling of other wit- rity guard shall be on duty at all times by mittee, nominations referred to the Com- nesses. The Committee may use such ques- the entrance to control entry. Before enter- mittee shall be held for at least 14 days be- tions and dispose of such suggestions as it ing the office all persons shall identify them- fore being voted on by the Committee. deems appropriate. selves.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2980 CONGRESSIONAL RECORD — SENATE February 22, 1995 9.2 Sensitive or classified documents and 9.7 Before the Committee makes any deci- nondisclosure agreement promulgated by the material shall be segregated in a secure stor- sion regarding the disposition of any testi- Senate Select Committee on Intelligence, age area. They may be examined only at se- mony, papers, or other materials presented pursuant to Section 6 of S. Res. 400 of the cure reading facilities. Copying, duplicating, to it, the Committee members shall have a 94th Congress, 2d session, and to abide by the or removal from the Committee offices of reasonable opportunity to examine all perti- Committee’s code of conduct. such documents and other materials is pro- nent testimony, papers, and other materials 10.7 No member of the Committee staff hibited except as is necessary for use in, or that have been obtained by the members of shall be employed by the Committee unless preparation for, interviews or Committee the Committee or the Committee staff. and until such a member of the Committee meetings, including the taking of testimony, 9.8 Attendance of persons outside the Com- staff agrees in writing, as a condition of em- and in conformity with Section 10.3 hereof. mittee at closed meetings of the Committee ployment, to notify the Committee or in the All documents or materials removed from shall be kept at a minimum and shall be lim- event of the Committee’s termination the the Committee offices for such authorized ited to persons with appropriate security Senate of any request for his or her testi- purposes must be returned to the Commit- clearance and a need-to-know the informa- mony, either during his tenure as a member tee’s secure storage area for overnight stor- tion under consideration for the execution of age. of the Committee staff or at any time there- their official duties. Notes taken at such after with respect to information which 9.3 Each member of the Committee shall at meetings by any person in attendance shall all times have access to all papers and other came into his or her possession by virtue of be returned to the secure storage area in the material received from any source. The Staff his or her position as a member of the Com- Committee’s offices at the conclusion of Director shall be responsible for the mainte- mittee staff. Such information shall not be such meetings, and may be made available to nance, under appropriate security proce- disclosed in response to such requests except the department, agency, office, committee or dures, of a registry which will number and as directed by the Committee in accordance identify all classified papers and other clas- entity concerned only in accordance with the with Section 8 of S. Res. 400 of the 94th Con- sified materials in the possession of the security procedures of the Committee. gress and the provisions of these rules, or in Committee, and such registry shall be avail- RULE 10. STAFF the event of the termination of the Com- able to any member of the Committee. 10.1 For purposes of these rules, Committee mittee, in such manner as may be deter- 9.4 Whenever the Select Committee on In- staff includes employees of the Committee, mined by the Senate. telligence makes classified material avail- consultants to the Committee, or any other 10.8 The Committee shall immediately con- able to any other Committee of the Senate person engaged by contract or otherwise to sider action to be taken in the case of any or to any member of the Senate not a mem- perform services for or at the request of the member of the Committee staff who fails to ber of the Committee, such material shall be Committee. To the maximum extent prac- conform to any of these Rules. Such discipli- accompanied by a verbal or written notice to ticable, the Committee shall rely on its full- nary action may include, but shall not be the recipients advising of their responsi- time employees to perform all staff func- limited to, immediate dismissal from the bility to protect such material pursuant to tions. No individual may be retained as staff Committee staff. section 8 of S. Res. 400 of the 94th Congress. of the Committee or to perform services for The Clerk of the Committee shall ensure 10.9 Within the Committee staff shall be an the Committees unless that individual holds element with the capability to perform au- that such notice is provided and shall main- appropriate security clearances. tain a written record identifying the par- dits of programs and activities undertaken 10.2 The appointment of Committee staff by departments and agencies with intel- ticular information transmitted and the shall be confirmed by a majority vote of the Committee or members of the Senate receiv- ligence functions. Such element shall be Committee. After confirmation, the Chair- ing such information. comprised of persons qualified by training 9.5 Access to classified information sup- man shall certify Committee staff appoint- and/or experience to carry out such functions plied to the Committee shall be limited to ments to the Financial Clerk of the Senate in accordance with accepted auditing stand- those Committee staff members with appro- in writing. No Committee staff shall be given ards. access to any classified information or reg- priate security clearance and a need-to- 10.10 The workplace of the Committee shall ular access to the Committees offices, until know, as determined by the Committee, and, be free from illegal use, possession, sale or such Committee staff has received an appro- under the Committee’s direction, the Staff distribution of controlled substances by its priate security clearance as described in Sec- Director and Minority Staff Director. employees. Any violation of such policy by tion 6 of Senate Resolution 400 of the 94th 9.6 No member of the Committee or of the any member of the committee staff shall be Committee staff shall disclose, in whole or in Congress. 10.3 The Committee staff works for the grounds for termination of employment. part or by way of summary, to any person Further, any illegal use of controlled sub- not a member of the Committee or the Com- Committee as a whole, under the supervision stances by a member of the Committee staff, mittee staff for any purpose or in connection of the Chairman and Vice Chairman of the within the workplace or otherwise, shall re- with any proceeding, judicial or otherwise, Committee. The duties of the Committee sult in reconsideration of the security clear- any testimony given before the committee in staff shall be performed, and Committee ance of any such staff member and may con- executive session including the name of any staff personnel affairs and day-to-day oper- stitute grounds for termination of employ- witness who appeared or was called to appear ations, including security and control of ment with the Committee. before the Committee in executive session, classified documents and material, and shall or the contents of any papers or materials or be administered under the direct supervision 10.11. In accordance with title III of the other information received by the Com- and control of the Staff Director. The Minor- Civil Rights Act of 1991 (P.L. 102–166), all per- mittee except as authorized herein, or other- ity Staff Director and the Minority Counsel sonnel actions affecting the staff of the Com- wise as authorized by the Committee in ac- shall be kept fully informed regarding all mittee shall be made free from any discrimi- cordance with Section 8 of S. Res. 400 of the matters and shall have access to all material nation based on race, color, religion, sex, na- 94th Congress and the provisions of these in the files of the Committee. tional origin, age, handicap or disability. rules, or in the event of the termination of 10.4 The Committee staff shall assist the RULE 11. PREPARATION FOR COMMITTEE the Committee, in such a manner as may be minority as fully as the majority in the ex- MEETINGS determined by the Senate. For purposes of pression of minority views, including assist- this paragraph, members and staff of the ance in the preparation and filing of addi- 11.1 Under direction of the Chairman and Committees may disclose classified informa- tional, separate and minority views, to the the Vice Chairman, designated Committee tion in the possession of the Committee only end that all points of view may be fully con- staff members shall brief members of the to persons with appropriate security clear- sidered by the Committee and the Senate. Committee at a time sufficiently prior to ances who have a need to know such infor- 10.5 The members of the Committee staff any Committee meeting to assist the Com- mation for an official governmental purpose shall not discuss either the substance or pro- mittee members in preparation for such related to the work of the Committee. Infor- cedure of the work of the Committee with meeting and to determine any matter which mation discussed in executive sessions of the any person not a member of the Committee the Committee member might wish consid- Committee and information contained in pa- or the Committee staff for any purpose or in ered during the meeting. Such briefing shall, pers and materials which are not classified connection with any proceeding, judicial or at the request of a member, include a list of but which are controlled by the Committee otherwise, either during their tenure as a all pertinent papers and other materials that may be disclosed only to persons outside the member of the Committee staff at any time have been obtained by the Committee that Committee who have a need to know such in- thereafter except as directed by the Com- bear on matters to be considered at the formation for an official governmental pur- mittee in accordance with Section 8 of S. meeting. pose related to the work of the Committee Res. 400 of the 94th Congress and the provi- 11.2 The Staff Director shall recommend to and only if such disclosure has been author- sions of these rules, or in the event of the the Chairman and the Vice Chairman the ized by the Chairman and Vice Chairman of termination of the Committee, in such a testimony, papers, and other materials to be the Committee, or by the Staff Director and manner as may be determined by the Senate. presented to the Committee at any meeting. Minority Staff Director, acting on their be- 10.6 No member of the Committee staff The determination whether such testimony, half. Failure to abide by this provision shall shall be employed by the Committee unless papers, and other materials shall be pre- constitute grounds for referral to the Select and until such a member of the Committee sented in open or executive session shall be Committee on Ethics pursuant to Section 8 staff agrees in writing, as a condition of em- made pursuant to the Rules of the Senate of S. Res. 400. ployment to abide by the conditions of the and Rules of the Committee.

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 22, 1995 CONGRESSIONAL RECORD — SENATE S2981 11.3 The Staff Director shall ensure that Committee on Intelligence (hereinafter in (D) The Intelligence activities of other covert action programs of the U.S. Govern- this resolution referred to as the ‘‘select agencies and subdivisions of the Department ment receive appropriate consideration by committee’’). The select committee shall be of Defense. the Committee no less frequently than once composed of fifteen members appointed as (E) The intelligence activities of the De- a quarter. follows: partment of State. (F) The intelligence activities of the Fed- RULE 12. LEGISLATIVE CALENDAR (A) two members from the Committee on Appropriations; eral Bureau of Investigation, including all 12.1 The Clerk of the Committee shall (B) two members from the Committee on activities of the Intelligence Division. maintain a printed calendar for the informa- Armed Services; (G) Any department, agency, or subdivi- tion of each Committee member showing the (C) two members from the Committee on sion which is the successor to any agency measures introduced and referred to the Foreign Relations; named in clause (A), (B), or (C); and the ac- Committee and the status of such measures; (D) two members from the Committee on tivities of any department, agency, or sub- nominations referred to the Committee and the Judiciary; and division which is the successor to any de- their status; and such other matters as the (E) seven members to be appointed from partment, agency, bureau, or subdivision Committee determines shall be included. The the Senate at large. named in clause (D), (E), or (F) to the extent Calendar shall be revised from time to time (2) Members appointed from each com- that the activities of such successor depart- to show pertinent changes. A copy of each mittee named in clauses (A) through (D) of ment, agency, or subdivision are activities such revision shall be furnished to each paragraph (1) shall be evenly divided between described in clause (D), (E), or (F). member of the Committee. the two major political parties and shall be (b) Any proposed legislation reported by 12.2 Unless otherwise ordered, measures re- appointed by the President pro tempore of the select committee, except any legislation ferred to the Committee shall be referred by the Senate upon the recommendations of the involving matters specified in clause (1) or the Clerk of the Committee to the appro- majority and minority leaders of the Senate. (4)(A) of subsection (a), containing any mat- priate department or agency of the Govern- Four of the members appointed under clause ter otherwise within the jurisdiction of any ment for reports thereon. (E) of paragraph (1) shall be appointed by the standing committee shall, at the request of RULE 13. COMMITTEE TRAVEL President pro tempore of the Senate upon the chairman of such standing committee, be 13.1 No member of the Committee or Com- the recommendation of the majority leader referred to such standing committee for its mittee Staff shall travel abroad on Com- of the Senate and three shall be appointed by consideration of such matter and be reported mittee business unless specifically author- the President pro tempore of the Senate to the senate by such standing committee ized by the Chairman and Vice Chairman. upon the recommendation of the minority within thirty days after the day on which Requests for authorization of such travel leader of the Senate. such proposed legislation is referred to such shall state the purpose and extent of the (3) The majority leader of the Senate and standing committee; and any proposed legis- trip. A full report shall be filed with the the minority leader of the Senate shall be ex lation reported by any committee, other Committee when travel is completed. officio members of the select committee but than the select committee, which contains 13.2 When the Chairman and the Vice shall have no vote in the committee and any matter within the jurisdiction of the se- Chairman approve the foreign travel of a shall not be counted for purposes of deter- lect committee shall, at the request of the member of the Committee staff not accom- mining a quorum. chairman of the select committee, be re- panying a member of the Committee, all (b) No Senator may serve on the select ferred to the select committee for its consid- members of the Committee are to be advised, committee for more than eight years of con- eration of such matter and be reported to the prior to the commencement of such travel, of tinuous service, exclusive of service by any Senate by the select committee within thir- its extent, nature and purpose. The report Senator on such committee during the Nine- ty days after the day on which such proposed referred to in Rule 13.1 shall be furnished to ty-fourth Congress. To the greatest extent legislation is referred to such committee. In all members of the Committee and shall not practicable, one-third of the Members of the any case in which a committee fails to re- be otherwise disseminated without the ex- Senate appointed to the select committee at port any proposed legislation referred to it press authorization of the Committee pursu- the beginning of the Ninety-seventh Con- within the time limit prescribed herein, such ant to the Rules of the Committee. gress and each Congress thereafter shall be committee shall be automatically discharged 13.3 No member of the Committee staff Members of the Senate who did not serve on from further consideration of such proposed shall travel within this country on Com- such committee during the preceding Con- legislation on the thirtieth day following the mittee business unless specifically author- gress. day on which such proposed legislation is re- ized by the Staff Director as directed by the (c) At the beginning of each Congress, the ferred to such committee unless the Senate Committee. Members of the Senate who are members of provides otherwise. In computing any thirty- RULE 14. CHANGES IN RULES the majority party of the Senate shall elect day period under this paragraph there shall a chairman for the select committee, and the be excluded from such computation any days These Rules may be modified, amended, or Members of the Senate who are from the mi- on which the Senate is not in session. repealed by the Committee, provided that a nority party of the Senate shall elect a vice (c) Nothing in this resolution shall be con- notice in writing of the proposed change has chairman for such committee. The vice strued as prohibiting or otherwise restrict- been given to each member at least 48 hours chairman shall act in the place and stead of ing the authority of any other committee to prior to the meeting at which action thereon the chairman in the absence of the chair- study and review any intelligence. activity is to be taken. man. Neither the chairman nor the vice to the extent that such activity directly af- chairman of the select committee shall at fects a matter otherwise within the jurisdic- APPENDIX A—RESOLUTION TO ESTABLISH A the same time serve as chairman or ranking tion of such committee. STANDING COMMITTEE OF THE SENATE ON IN- minority member of any other committee re- (d) Nothing in this resolution shall be con- TELLIGENCE AND FOR OTHER PURPOSES— ferred to in paragraph 4(e)(1) of rule XXV of strued as amending, limiting, or otherwise MAY 19, 1976 the Standing Rules of the Senate. changing the authority of any standing com- Resolved, That it is the purpose of this res- SEC. 3. (a) There shall be referred to the se- mittee of the Senate to obtain full and olution to establish a new select committee lect committee all proposed legislation, mes- prompt access to the product of the intel- of the Senate, to be known as the Select sages, petitions, memorials, and other mat- ligence activities of any department or agen- Committee on Intelligence, to oversee and ters relating to the following: cy of the Government relevant to a matter make continuing studies of the intelligence (1) The Central Intelligence Agency and otherwise within the jurisdiction of such activities and programs of the United States the Director of Central Intelligence. committee. Government, and to submit to the Senate ap- (2) Intelligence activities of all other de- SEC. 4. (a) The select committee, for the propriate proposals for legislation and report partments and agencies of the Government, purposes of accountability to the Senate, to the Senate concerning such intelligence including, but not limited to, the intel- shall make regular and periodic reports to activities and programs. In carrying out this ligence activities of the Defense Intelligence the Senate on the nature and extent of the purpose, the Select Committee on Intel- Agency, the National Security Agency, and intelligence activities of the various depart- ligence shall make every effort to assure other agencies of the Department of State; ments and agencies of the United States. that the appropriate departments and agen- the Department of Justice; and the Depart- Such committee shall promptly call to the cies of the United States provide informed ment of the Treasury. attention of the Senate or to any other ap- and timely intelligence necessary for the ex- (3) The organization or reorganization of propriate committee or committees of the ecutive and legislative branches to make any department or agency of the Govern- Senate any matters requiring the attention sound decisions affecting the security and ment to the extent that the organization or of the Senate or such other committee or vital interests of the Nation. It is further the reorganization relates to a function or activ- committees. In making such report, the se- purpose of this resolution to provide vigilant ity involving intelligence activities. lect committee shall proceed in a manner legislative oversight over the intelligence (4) Authorizations for appropriations, both consistent with section 8(c)(2) to protect na- activities of the United States to assure that direct and indirect, for the following: tional security. such activities are in conformity with the (A) The Central Intelligence Agency and (b) The select committee shall obtain an Constitution and laws of the United States. Director of Central Intelligence. annual report from the Director of the Cen- SEC. 2. (a)(1) There is hereby established a (B) The Defense Intelligence Agency. tral Intelligence Agency, the Secretary of select committee to be known as the Select (C) The National Security Agency. Defense, the Secretary of State, and the

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An unclassified prevent such committee from publicly dis- version of each report may be made available closing any such information in any case in Upon conclusion of the information of such to the public at the discretion of the select which such committee determines the na- matter in closed session, which may not ex- committee. Nothing herein shall be con- tional interest in the disclosure of such in- tend beyond the close of the ninth day on strued as requiring the public disclosure in formation clearly outweighs any infringe- which the Senate is in session following the such reports of the names of individuals en- ment on the privacy of any person or per- day on which such matter was reported to gaged in intelligence activities for the sons. the Senate, or the close of the fifth day fol- United States or the divulging of intel- SEC. 8. (a) The select committee may, sub- lowing the day agreed upon jointly by the ligence methods employed or the sources of ject to the provisions of this section, disclose majority and minority leaders in accordance information on which such reports are based publicly any information in the possession of with paragraph 5 of rule XVII of the Stand- or the amount of funds authorized to be ap- such committee after a determination by ing Rules of the Senate (whichever the case propriated for intelligence activities. such committee that the public interest may be), the Senate shall immediately vote (c) On or before March 15 of each year, the would be served by such disclosure. When- on the disposition of such matter in open select committee shall submit to the Com- ever committee action is required to disclose session, without debate, and without divulg- mittee on the Budget of the Senate the views any information under this section, the com- ing the information with respect to which and estimates described in section 301(c) of mittee shall meet to vote on the matter the vote is being taken. The Senate shall the Congressional Budget Act of 1974 regard- within five days after any member of the vote to dispose of such matter by one or ing matters within the jurisdiction of the se- committee requests such a vote. No member more of the means specified in clauses (A), lect committee. of the select committee shall disclose any in- (B), and (C) of the second sentence of this SEC. 5. (a) For the purpose of this resolu- formation, the disclosure of which requires a paragraph. Any vote of the Senate to dis- tion, the select committee is authorized in committee vote, prior to a vote by the com- close any information pursuant to this para- its discretion (1) to make investigations into mittee on the question of the disclosure of graph shall be subject to the right of a Mem- any matter within its jurisdiction, (2) to such information or after such vote except in ber of the Senate to move for reconsider- make expenditures from the contingent fund accordance with this section. ation of the vote within the time and pursu- of the Senate, (3) to employ personnel, (4) to (b)(1) In any case in which the select com- ant to the procedures specified in rule XIII of hold hearings, (5) to sit and act at any time mittee votes to disclose publicly any infor- the Standing Rules of the Senate, and the or place during the sessions, recesses, and mation which has been classified under es- disclosure of such information shall be made adjourned periods of the Senate, (6) to re- tablished security procedures, which has consistent with that right. quire, by subpena or otherwise, the attend- been submitted to it by the executive ance of witnesses and the production of cor- branch, and which the executive branch re- (c)(1) No information in the possession of respondence, books, papers, and documents, quests be kept secret, such committee shall the select committee relating to the lawful (7) to take depositions and other testimony, notify the President of such vote. intelligence activities of any department or (8) to procure the service of individual con- (2) The select committee may disclose pub- agency of the United States which has been sultants or organizations thereof, in accord- licly such information after the expiration of classified under established security proce- ance with the provisions of section 202(i) of a five-day period following the day on which dures and which the select committee, pur- the Legislative Reorganization Act of 1946, notice of such vote is transmitted to the suant to subsection (a) or (b) of this section, and (9) with the prior consent of the govern- President, unless, prior to the expiration of has determined should not be disclosed shall ment department or agency concerned and such five-day period, the President, person- be made available to any person by a Mem- the Committee on Rules and Administration, ally in writing, notifies the committee that ber, officer, or employee of the Senate except to use on a reimbursable basis the services of he objects to the disclosure of such informa- in a closed session of the Senate or as pro- personnel of any such department or agency. tion, provides his reasons therefor, and cer- vided in paragraph (2). (b) The chairman of the select committee tifies that the threat to national interest of (2) The select committee may, under such or any member thereof may administer the United States posed by such disclosure is regulations as the committee shall prescribe oaths to witnesses. of such gravity that it outweighs any public to protect the confidentiality of such infor- (c) Subpenas authorized by the select com- interest in the disclosure. mation, make any information described in mittee may be issued over the signature of (3) If the President, personally in writing, paragraph (1) available to any other com- the chairman, the vice chairman or any notifies the select committee of his objec- mittee or any other Member of the Senate. member of the select committee designated tions to the disclosure of such information Whenever the select committee makes such by the chairman, and may be served by any as provided in paragraph (2), such committee information available, the committee shall person designated by the chairman or any may, by majority vote, refer the question of keep a written record showing, in the case of the disclosure of such information to the member signing the subpenas. any particular information, which the com- Senate for consideration. The committee SEC. 6. No employee of the select com- mittee or which Members of the Senate re- shall not publicly disclose such information mittee or any person engaged by contract or ceived such information under this sub- otherwise to perform services for or at the without leave of the Senate. (4) Whenever the select committee votes to section, shall disclose such information ex- request of such committee shall be given ac- cept in a closed session of the Senate. cess to any classified information by such refer the question of disclosure of any infor- committee unless such employee or person mation to the Senate under paragraph (3), (d) It shall be the duty of the Select Com- has (1) agreed in writing and under oath to the chairman shall not later than the first mittee on Standards and Conduct 1 to inves- be bound by the rules of the Senate (includ- day on which the Senate is in session fol- tigate any unauthorized disclosure of intel- ing the jurisdiction of the Select Committee lowing the day on which the vote occurs, re- ligence information by a Member, officer or on Standards and Conduct 1 and of such com- port the matter to the Senate for its consid- employee of the Senate in violation of sub- mittee as to the security of such information eration. section (c) and to report to the Senate con- (5) One hour after the Senate convenes on during and after the period of his employ- cerning any allegation which it finds to be the fourth day on which the Senate is in ses- ment or contractual agreement with such substantiated. sion following the day on which any such committee; and (2) received an appropriate matter is reported to the Senate, or at such (e) Upon the request of any person who is security clearance as determined by such earlier time as the majority leader and the subject to any such investigation, the Select committee in consultation with the Director 1 minority leader of the Senate jointly agree Committee on Standards and Conduct shall of Central Intelligence. The type of security upon in accordance with paragraph 5 of rule release to such individual at the conclusion clearance to be required in the case of any XVII of the Standing Rules of the Senate, of its investigation a summary of its inves- such employee or person shall, within the de- the Senate shall go into closed session and tigation together with its findings. If, at the termination of such committee in consulta- the matter shall be the pending business. In conclusion of its investigation, the Select tion with the Director of Central Intel- considering the matter in closed session the Committee on Standards and Conduct 1 de- ligence, be commensurate with the sensi- Senate may— termines that there has been a significant tivity of the classified information to which (A) approve the public disclosure of all or breach of confidentiality or unauthorized such employee or person will be given access any portion of the information in question, disclosure by a Member, officer, or employee by such committee. in which case the committee shall not pub- of the Senate, it shall report its findings to SEC. 7. The select committee shall formu- licly disclose the information ordered to be the Senate and recommend appropriate ac- late and carry out such rules and procedures disclosed, tion such as censure, removal from com- as it deems necessary to prevent the disclo- (B) disapprove the public disclosure of all mittee membership, or expulsion from the sure, without the consent of the person or or any portion of the information in ques- Senate, in the case of a Member, or removal tion, in which case the committee shall not from office or employment or punishment 1 Name changed to the Select Committee on Ethics publicly disclose the information ordered not for contempt, in the case of an officer or em- by S. Res. 4, 95–1, Feb. 4, 1977. to be disclosed, or ployee.

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SEC. 9. The select committee is authorized (2) the extent and nature of the authority threat to the internal security of the United to permit any personal representative of the of the departments and agencies of the exec- States, and covert or clandestine activities President, designated by the President to utive branch to engage in intelligence activi- directed against such persons. Such term serve as a liaison to such committee, to at- ties and the desirability of developing char- does not include tactical foreign military in- tend any closed meeting of such committee. ters for each intelligence agency or depart- telligence serving no national policymaking SEC. 10. Upon expiration of the Select Com- ment; function. mittee on Governmental Operations With (3) the organization of intelligence activi- (b) As used in this resolution, the term Respect to Intelligence Activities, estab- ties in the executive branch to maximize the ‘‘department or agency’’ includes any orga- lished by Senate Resolution 21, Ninety- effectiveness of the conduct, oversight, and nization, committee, council, establishment, fourth Congress, all records, files, docu- accountability of intelligence activities; to or office within the Federal Government. ments, and other materials in the possession, reduce duplication or overlap; and to im- (c) For purposes of this resolution, ref- custody, or control of such committee, under prove the morale of the personnel of the for- erence to any department, agency, bureau, appropriate conditions established by it, eign intelligence agencies; or subdivision shall include a reference to shall be transferred to the select committee. (4) the conduct of covert and clandestine any successor department, agency, bureau, SEC. 11. (a) It is the sense of the Senate activities and the procedures by which Con- or subdivision to the extent that such suc- that the head of each department and agency gress is informed of such activities; cessor engages in intelligence tivities now of the United States should keep the select (5) the desirability of changing any law, conducted by the department, agency, bu- committee fully and currently informed with Senate rule or procedure, or any Executive reau, or subdivision referred to in this reso- respect to intelligence activities, including order, rule, or regulation to improve the pro- lution. any significant anticipated activities, which tection of intelligence secrets and provide SEC. 15. (This section authorized funds for are the responsibility of or engaged in by for disclosure of information for which there such department or agency: Provided, That the select committee for the period May 19, is no compelling reason for secrecy; 1976, through Feb. 28, 1977.) this does not constitute a condition prece- (6) the desirability of establishing a stand- SEC. 16. Nothing in this resolution shall be dent to the implementation of any such an- ing committee of the Senate on intelligence construed as constituting acquiescence by ticipated intelligence activity. activities; (b) It is the sense of the Senate that the (7) the desirability of establishing a joint the Senate in any practice, or in the conduct head of any department or agency of the committee of the Senate and the House of of any activity, not otherwise authorized by United States involved in any intelligence Representatives on intelligence activities in law. activities should furnish any information or lieu of having separate committees in each document in the possession, custody, or con- House of Congress, or of establishing proce- APPENDIX B—RESOLUTION AMENDING THE trol of the department or agency, or person dures under which separate committees on RULES OF THE SENATE RELATING TO OPEN paid by such department or agency, when- intelligence activities of the two Houses of COMMITTEE MEETINGS—JANUARY 15, 1975 ever requested by the select committee with Congress would receive joint briefings from Resolved, That paragraph 7(b) of rule XXV respect to any matter within such commit- the intelligence agencies and coordinate of the Standing Rules of the Senate is tee’s jurisdiction. their policies with respect to the safe- amended to read as follows; (c) It is the sense of the Senate that each guarding of sensitive intelligence informa- ‘‘(b) Each meeting of a standing, select, or department and agency of the United States tion; special committee of the Senate, or any sub- should report immediately upon discovery to (8) the authorization of funds for the intel- committee thereof, including meetings to the select committee any and all intel- ligence activities of the Government and conduct hearings, shall be open to the public, ligence activities which constitute viola- whether disclosure of any of the amounts of except that a portion or portions of any such tions of the constitutional rights of any per- such funds is in the public interest; and meetings may be closed to the public if the son, violations of law, or violations of Execu- (9) the development of a uniform set of committee or subcommittee, as the case tive orders, presidential directives, or de- definitions for terms to be used in policies or may be, determines by record vote of a ma- partmental or agency rules or regulations; guidelines which may be adopted by the ex- jority of the members of the committee or each department and agency should further ecutive or legislative branches to govern, subcommittee present that the matters to be report to such committee what actions have clarify, and strengthen the operation of in- discussed or the testimony to be taken at been taken or are expected to be taken by telligence activities. such portion of portions— the departments or agencies with respect to (b) The select committee may, in its dis- such violations. ‘‘(1) will disclose matters necessary to be cretion, omit from the special study required kept secret in the interests of national de- SEC. 12. Subject to the Standing Rules of by this section any matter it determines has the Senate, no funds shall be appropriated fense or the confidential conduct of the for- been adequately studied by the Select Com- eign relations of the United States; for any fiscal year beginning after Sep- mittee To Study Governmental Operations tember 30, 1976, with the exception of a con- ‘‘(2) will relate solely to matters of com- With Respect to Intelligence Activities, es- mittee staff personnel or internal staff man- tinuing bill or resolution, or amendment tablished by Senate Resolution 21, Ninety- thereto, or conference report thereon, to, or agement or procedures; fourth Congress. ‘‘(3) will tend to charge an individual with for use of, any department or agency of the (c) The select committee shall report the crime on misconduct, to disgrace or injure United States to carry out any of the fol- results of the study provided for by this sec- the professional standing of an individual, or lowing activities, unless such funds shall tion to the Senate, together with any rec- otherwise to expose an individual to public have been previously authorized by a bill or ommendations for legislative or other ac- contempt or obloquy, or will represent a joint resolution passed by the Senate during tions it deems appropriate, no later than clearly unwarranted invasion of the privacy the same or preceding fiscal year to carry July 1, 1977, and from time to time there- of an individual; out such activity for such fiscal year: after as it deems appropriate. ‘‘(4) will disclose the identity of any in- (1) The activities of the Central Intel- SEC. 14. (a) As used in this resolution, the ligence Agency and the Director of Central term ‘‘intelligence activities’’ includes (1) former or law enforcement agent or will dis- Intelligence. the collection, analysis, production, dissemi- close any information relating to the inves- (2) The activities of the Defense Intel- nation, or use of information which relates tigation or prosecution of a criminal offense ligence Agency. to any foreign country, or any government, that is required to be kept secret in the in- (3) The activities of the National Security political group, party, military force, move- terest of effective law enforcement; or Agency. ment, or other association in such foreign ‘‘(5) will disclose information relating to (4) The intelligence activities of other the trade secrets or financial or commercial agencies and subdivisions of the Department country, and which relates to the defense, foreign policy national security, or related information pertaining specifically to a of Defense. given person if— (5) The intelligence activities of the De- policies of the United States, and other ac- tivity which is in support of such activities; ‘‘(A) an Act of Congress requires the infor- partment of State. mation to be kept confidential by Govern- (6) The intelligence activities of the Fed- (2) activities taken to counter similar activi- ment officers and employees; or eral Bureau of Investigation, including all ties directed against the United States; (3) ‘‘(B) the information has been obtained by activities of the Intelligence Division. covert or clandestine activities affecting the the Government on a confidential basis, SEC. 13. (a) The select committee shall relations of the United States with any for- make a study with respect to the following eign government, political group, party, other than through an application by such matters, taking into consideration with re- military force, movement or other associa- person for a specific Government financial or spect to each such matter, all relevant as- tion; (4) the collection, analysis, production, other benefit, and is required to be kept se- pects of the effectiveness of planning, gath- dissemination, or use of information about cret in order to prevent undue injury to the ering, use, security, and dissemination of in- activities of persons within the United competitive position of such person. telligence: States, its territories and possessions, or na- Whenever any hearing conducted by any (1) the quality of the analytical capabili- tionals of the United States abroad whose such committee or subcommittee is open to ties of the United States foreign intelligence political and related activities pose, or may the public, that hearing may be broadcast by agencies and means for integrating more be considered by any department, agency, radio or television, or both, under such rules closely analytical intelligence and policy bureau, office, division, instrumentality, or as the committee or subcommittee may formulation; employee of the United States to pose, a adopt.’’

VerDate Aug 31 2005 04:21 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22FE5.REC S22FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2984 CONGRESSIONAL RECORD — SENATE February 22, 1995 SEC. 2. Section 133A(b) of the Legislative delegation to the Interparliamentary RECESS UNTIL 9:15 A.M. Reorganization Act of 1946, section 242(a) of Union during the 104th Congress. TOMORROW the Legislative Reorganization Act of 1970, The Chair, on behalf of the Vice Mr. HATCH. If there is no further and section 102 (d) and (e) of the Congres- President, in accordance with 22 U.S.C. sional Budget Act of 1974 are repealed.∑ business to come before the Senate, I 1928a–1928d, appoints the Senator from now ask that the Senate stand in re- f Delaware [Mr. ROTH] as chairman of cess under the previous order. MEASURE PLACED ON THE the Senate delegation to the North At- There being no objection, the Senate, CALENDAR—S. 376 lantic Assembly during the 104th Con- gress. at 8:10 p.m., recessed until Thursday, Mr. HATCH. I believe there is a bill February 23, 1995, at 9:15 a.m. at the desk that requires a second read- f ing. APPOINTMENT BY THE PRESIDENT f The legislative clerk read as follows: PRO TEMPORE A bill (S. 376) to resolve the current labor NOMINATIONS dispute involving major league baseball, and The PRESIDING OFFICER. The for other purposes. Chair announces on behalf of the Presi- Executive nominations received by Mr. HATCH. I would object to further dent pro tempore of the Senate and the the Senate February 22, 1995: Speaker of the House of Representa- consideration of the bill at this time. UNITED STATES INTERNATIONAL DEVELOPMENT The PRESIDING OFFICER. The bill tives, pursuant to section 201 (a)(2) of COOPERATION AGENCY will be placed on the calendar. Public Law 93–344, the appointment of Ms. June Ellenoff O’Neill as Director of JOHN CHRYSTAL, OF IOWA, TO BE A MEMBER OF THE f BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- the Congressional Budget Office for the VESTMENT CORPORATION FOR A TERM EXPIRING DE- CEMBER 17, 1997. (REAPPOINTMENT.) APPOINTMENT BY THE PRESIDENT term of office beginning on January 3, GEORGE J. KOURPIAS, OF MARYLAND, TO BE A MEM- PRO TEMPORE 1995, effective March 1, 1995. BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION FOR A TERM EX- The PRESIDING OFFICER. The Mr. HATCH addressed the Chair. PIRING DECEMBER 17, 1997. (REAPPOINTMENT.) The PRESIDING OFFICER. The Sen- GLORIA ROSE OTT, OF CALIFORNIA, TO BE A MEMBER Chair, on behalf of the President pro OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- tempore, and upon the recommenda- ator from Utah is recognized. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- ING DECEMBER 17, 1996, VICE WELDON W. CASE, TERM EX- tion of the Republican leader, pursuant f PIRED. to 22 U.S.C. 276l, appoints the Senator HARVEY SIGELBAUM, OF NEW YORK, TO BE A MEMBER ORDERS FOR THURSDAY, OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- from Alaska [Mr. STEVENS] as chair- FEBRUARY 23, 1995 VATE INVESTMENT CORPORATION FOR A TERM EXPIR- man of the Senate delegation to the ING DECEMBER 17, 1996, VICE CAROLYN D. LEAVENS, British-American Interparliamentary Mr. HATCH. Mr. President, I ask TERM EXPIRED. Group during the 104th Congress. unanimous consent that when the Sen- THE JUDICIARY f ate completes its business today, it INEZ SMITH REID, OF THE DISTRICT OF COLUMBIA, TO stand in recess until the hour of 9:15 BE AN ASSOCIATE JUDGE OF THE DISTRICT OF COLUM- APPOINTMENTS BY THE VICE BIA COURT OF APPEALS FOR THE TERM OF 15 YEARS, a.m. on Thursday, February 23, 1995; VICE EMMET G. SULLIVAN. PRESIDENT that following the prayer, the Journal IN THE ARMY The PRESIDING OFFICER. The of the proceedings be deemed approved THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE Chair, on behalf of the Vice President, to date, the time for the two leader be DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 pursuant to 22 U.S.C. 276d–276g, ap- reserved for their use later in the day; AND 628, TITLE 10, UNITED STATES CODE. points the Senator from Alaska [Mr. that there then be a period for the To be lieutenant colonel MURKOWSKI] as chairman of the Senate transaction of routine morning busi- delegation to the Canada-United States ness not to extend beyond the hour of MILTON D. HUGHES, 000–00–0000 Interparliamentary Group during the 10 a.m., with Senators permitted to IN THE NAVY 104th Congress. speak for up to 5 minutes each, with THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT The Chair, on behalf of the Vice the following Senators to speak for the TO THE GRADE OF ADMIRAL WHILE ASSIGNED TO A POSI- TION OF IMPORTANCE AND RESPONSIBILITY UNDER President, pursuant to 22 U.S.C. 276h– designated times: Senator MURKOWSKI, TITLE 10, UNITED STATES CODE, SECTIONS 601 AND 5035: 276k, appoints the Senator from Ari- 20 minutes; Senator CAMPBELL, 10 min- VICE CHIEF OF NAVAL OPERATIONS zona [Mr. KYL] as chairman of the Sen- utes; Senator DORGAN, 15 minutes. To be admiral ate delegation to the Mexico-United I further ask unanimous consent that States Interparliamenary Group during at the hour of 10 a.m. the Senate re- JOSEPH W. PRUEHER, 000–00–0000. the 104th Congress. sume consideration of House Joint Res- THE FOLLOWING-NAMED OFFICER FOR APPPOINTMENT TO THE GRADE OF VICE ADMIRAL WHILE ASSIGNED TO A The Chair, on behalf of the Vice olution 1, the constitutional balanced POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER President, pursuant to 22 U.S.C. 276a, budget amendment. TITLE 10, UNITED STATES CODE, SECTION 601: appoints the Senator from Montana The PRESIDING OFFICER. Without To be vice admiral [Mr. BURNS] as chairman of the Senate objection, it is so ordered. DONALD L. PILLING, 000–00–0000

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