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

Vol. 143 WASHINGTON, FRIDAY, FEBRUARY 7, 1997 No. 15 House of Representatives The House was not in session today. Its next meeting will be held on Monday, February 10, 1997, at 2 p.m. Senate FRIDAY, FEBRUARY 7, 1997

The Senate met at 11 a.m., and was APPOINTMENT OF ACTING I was particularly pleased that he called to order by the Honorable TIM PRESIDENT PRO TEMPORE said in spite of our fears we should HUTCHINSON, a Senator from the State The PRESIDING OFFICER. The stand up and do what is right. We are grateful to have you here and of Arkansas. clerk will please read a communication are grateful for your prayer over this to the Senate from the President pro body. We appreciate the service which tempore [Mr. THURMOND]. PRAYER you give to your congregation and to The assistant legislative clerk read the people throughout this country. The PRESIDING OFFICER. Today’s the following letter: Thank you so much. ENATE prayer will be offered by the guest U.S. S , SCHEDULE Chaplain, Rev. Jack Michael Loo, of PRESIDENT PRO TEMPORE, Mr. HATCH. Mr. President, on behalf the Church of the Master, in Mission Washington, DC, February 7, 1997. To the Senate: of the majority leader, I will announce Viejo, CA. Under the provisions of rule I, section 3, of the schedule. Almighty Living God, You have the Standing Rules of the Senate, I hereby Today the Senate will be resuming given us the gift of another day and appoint the Honorable TIM HUTCHINSON, a consideration of Senate Joint Resolu- Senator from the State of Arkansas, to per- tion 1, the constitutional amendment have filled it with Your holy presence. form the duties of the Chair. requiring a balanced budget. The ma- We commit ourselves to honor You STROM THURMOND, jority leader announced that there will with the living of each hour. But no President pro tempore. be no rollcall votes during today’s ses- matter how noble our resolve, we con- Mr. HUTCHINSON thereupon as- sion. Under the order the time between fess our weaknesses and our frailties sumed the Chair as Acting President now and 1 o’clock will be equally di- and declare our deep need of Your pro tempore. vided in the usual form. I will remind strength. The ACTING PRESIDENT pro tem- all Senators that by consent we will re- Strengthen our love for people so pore. The Senator from Utah. sume debate on Senator DURBIN’s pend- ing amendment at 3:30 on Monday. that every action we take on their be- f half is driven by the same compassion There will be 2 hours for debate at that time. Senators should be aware that that drives Your heart. Increase our THE GUEST CHAPLAIN there will be a rollcall vote on or in re- faith so that no difficulty or discour- Mr. HATCH. Mr. President, we are lation to the Durbin amendment begin- agement keeps us from believing in pleased to welcome the Reverend Jack ning at 5:30 on Monday, February 10. what is right and Your ability to ac- Michael Loo as guest Chaplain today. On Monday, Senator WELLSTONE is ex- complish it through us. For the past 4 years, Reverend Loo pected to offer at least two amend- Deepen our wisdom so that every has been senior pastor of the Church of ments to Senate Joint Resolution 1. confusing situation and perplexing the Master in Mission Viejo, CA. Prior However, any votes ordered on those issue gets tamed by Your enlighten- to that, he served as executive pastor amendments will occur during Tues- ment and knowledge. Mobilize our of the First Presbyterian Church of day’s session. courage so that once we see what must Hollywood, where Dr. Lloyd Ogilvie, f our Chaplain, was senior pastor prior be done, nothing, not even our own to becoming Senate Chaplain. BALANCED BUDGET AMENDMENT fears, will keep us from doing it. We want to express our personal TO THE CONSTITUTION This day may we know that we are gratitude and thanks to Reverend Loo The ACTING PRESIDENT pro tem- Your people and You are our God. In for opening our session today with his pore. Under the previous order, the the name of our Lord. Amen. excellent prayer. Senate will now resume consideration

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

S1119 S1120 CONGRESSIONAL RECORD — SENATE February 7, 1997 of Senate Joint Resolution 1 which the entitlement programs. This is what we I might say, Mr. President, there has clerk will report. are going to have to face. We are going only been one balanced budget in the The assistant legislative clerk read to have to face the growing financing last 36 years. If we had 36 up here, it as follows: and deficit problems we see looming in would be much higher, the 36 individ- A joint resolution (S.J. Res. 1) proposing the next century. This may sound far ual budgets that have not been bal- an amendment to the Constitution of the away, but it is only a few short years anced. And there have been only eight United States to require a balanced budget. before we see the next century begin. balanced budgets in the past 66 years. The Senate resumed consideration of We cannot be lulled into a false sense Just think about it—58 years of unbal- the joint resolution. of security because we have not anced budgets. Only eight balanced Pending: reached the crisis yet. budgets since 1930. Durbin amendment No. 2, to allow for the I had hoped that the President would This sad history of budgetary failure waiver of the article in the event of an eco- take a leadership position and tackle is not a Democratic problem or a Re- nomic recession or serious economic emer- these difficult programs. Unfortu- publican problem. It is an American gency with a majority in both Houses of Con- gress. nately, the budget contains only short- problem. Those of us who are proposing term fixes. We see no sign of the struc- a constitutional amendment to require Mr. HATCH. Mr. President, yesterday tural reforms that are absolutely need- balanced budgets do not do so as Re- the President of the United States sub- ed. We see more signs of business as publicans or Democrats; we do so as mitted his budget. I have to say that usual. Americans, Americans concerned about the President has come a long way. He By the way, while the President says America and the future of our children now says that he agrees that the budg- that his budget balances the budget, and our grandchildren. et needs to be balanced by the year the Congressional Budget Office— Let me just give you a few illustra- 2002. This budget is a legitimate depar- which he has touted himself as being tions of how bad our debt problem has ture point from which to move in de- accurate through the years and which become. The national debt, as we all veloping a final budget package. certainly has not been what I consider know, is now over $5.3 trillion—$5.3 I was disappointed, however, to see a conservative Congressional Budget trillion. That is a debt for each and that the President’s 5-year cost of Gov- Office for all the time I have been every American of more than $20,000. ernment is almost identical to what he here—the Congressional Budget Office CBO, the Congressional Budget Office, proposed a year ago. This does not look says that his budget will not be bal- projects that in the year 2002, total like the era of ‘‘big government is anced in the year 2002; and that the Ad- Federal debt will exceed $6.8 trillion. over.’’ It is not even shrinking accord- ministration is using economic as- That means roughly $24,000 of debt for ing to this budget. Even more disturb- sumptions that just are not realistic. every person, every man, woman and ing, the budget deficit over the next 5 I want to applaud the President for child in America, with annual interest years is nearly $200 billion higher than providing some tax relief in the budget. costs projected to be over $3,100 per what was proposed just a year ago. And It is a solid first step in giving some taxpayer. That is just what we have to the deficit does not even decline until tax relief to the American people. But pay on the interest against the Federal the year 1999. The bulk of the spending it is only a baby step, and really a ten- debt, $3,100 for each taxpayer a year by cuts contained in his budget occur tative one at that, because all of the the year 2002. after the President leaves office. tax increases—and there are plenty of The national debt has increased more So he has left all of the hard deci- them in this budget that he submitted than $4 trillion since the Senate last sions to the years 2002 and 2001. Sev- yesterday—are permanent. The spend- passed a balanced budget amendment enty-five percent of any fiscal respon- ing programs are permanent. But, the in 1982. We passed it in the Senate. Tip sibility has to occur in the 2 years tax cuts are temporary and are likely O’Neill and the liberals in the House after he leaves office. never to occur because they go away if defeated it at that time. That is not what I call political cour- he does not meet his standards. The debt, which started this year at age. That is not what I call attending So it is a big shell game again. a baseline of $5.3 trillion, has increased to the structural problems and the eco- I get so doggone tired of it. It is al- over $550 million each and every day nomic problems of this country. It is most unbelievable. It is just more of since then. Since we began debate this more of the same that we have had for the same of what we have had over the year on the balanced budget amend- the last 28 years. last 28 years, and it is really another ment in the Judiciary Committee, the These huge stacks here on the table reason why we simply have to pass this debt has increased by more than $10 to my right represent 28 years of unbal- balanced budget amendment. billion—just since we began debate this anced budgets. These are the actual 28 The Presidents just do not seem to year. budgets. Keep in mind that only in- have the courage to stand up and do In 1996, gross interest exceeded $344 volves the last 28 years, since 1969, the what really has to be done. I am really billion. That is more than the total last time we balanced the Federal concerned about it. Well, I could go on Federal outlays in 1975—all outlays— budget. For most of the last 60 years and on on the President’s budget, but I and is nearly $50 billion more than the we have not balanced the Federal budg- want to leave time for others. total revenues in 1975. et. So this is just a small smattering. If As we open the debate today on the In 1996, gross interest consumed near- we put them all up here for the last 60 balanced budget amendment to the ly 25 percent of the Federal budget and years, they would reach almost to the Constitution, I have to refer again to more than one-half of all personal in- ceiling. this stack of unbalanced budgets. come taxes. Then we have this budget which These are the actual 28, the last 28 In 1997, for the first time, we will pay came up here yesterday that has all years’ budget packages. more than $1 billion a day in gross in- the tough decisions made after he I keep these budgets here, Mr. Presi- terest on the debt. That is more than leaves office. The reason we elect dent, as a reminder of the generation of $41 million each hour and $685,000 each Presidents is so they can make the bipartisan budgetary failure. Here it is, minute that we are losing in just inter- tough decisions and help us to work in 28 straight years of unbalanced budg- est costs. a bipartisan way so that nobody can ets. There has not been one single bal- Net interest payments on the debt scream at the other side. anced budget since 1969, not one in 28 are currently the third largest budget In this particular case this budget is years, and yet we have people on the category, amounting to 15 percent of filled with smoke and mirrors. What other side come and say, ‘‘Oh, let’s just the Federal budget, and it is the fastest this means is that many of the tax cuts have the will to do it. Let’s just do it growing item in the Federal budget. and spending increases contained in and the President will sign it.’’ Our annual net interest payment on this budget are not even likely to occur Give me a break. That is not going to the debt is more than the combined or will not be offered until the last 2 happen any more than it happened over budgets of the Departments of Com- years of the budget’s projections, well the last 28 years. Paul Simon said, merce, Agriculture, Education, Energy, after this President is gone. ‘‘Your hair will turn green before that Justice, Interior, Housing and Urban Just as important as reaching a bal- happens, unless we have this balanced Development, Labor, State, and Trans- anced budget in 2002 is reforming the budget amendment.’’ portation. February 7, 1997 CONGRESSIONAL RECORD — SENATE S1121 I think these basic facts should make regard I especially thank several of my of our efforts within the House Agri- it plain why the balanced budget colleagues: Mr. HATCH, the distin- culture Committee, as chairman, in en- amendment is an idea with appeal for guished chairman of the Judiciary acting farm program and food stamp Republicans and Democrats, for lib- Committee—and I associate myself reform that also produced an estimated erals and conservatives. with all of his remarks—Mr. DOMENICI, $350 billion in savings over the life of There are liberal Democrats who see the distinguished chairman of the the budget agreement. the money we waste on interest pay- Budget Committee, and Mr. CRAIG, the It can be done. They said it could not ments that could be used in better Republican policy chairman, for their be done, but it can be done. And with ways to help the disadvantaged. There longstanding leadership and efforts in our reform of farm program policy are conservative Republicans who see behalf of this legislation that I feel, in passing by overwhelming margins—318 the wreckage we are doing to the op- effect, would simply protect the finan- in the House, 74 in the Senate—we also portunities for our citizens and our cial and economic future of our chil- proved there is bipartisan support for people by strapping debt, interest, and dren and their children. true reform and budget savings. future economic and tax burdens on For those who have had the persever- We also achieved very considerable them. ance and the tenacity to pursue this budget savings in discretionary spend- We are all concerned that our re- goal, it has at times been a very lonely ing at the conclusion of the appropria- sources are being misallocated because trail. Whatever success we might tions process, all 13 major spending the Federal Government is spending achieve, and that I hope we will bills—something unique to the last willy-nilly, with thoughtless borrow- achieve, it has been in large part due to Congress. So we made some progress. ing, rather than making deliberate the efforts of these Senators and their But that was last year. And last year, choices. leadership role, and the American peo- despite our successes and a reduced def- As we close this week of debate, I ple should certainly be aware of that. icit, we fell short of the final goal, a thank my colleagues who have partici- I have read some interesting com- budget that is truly, truly in balance. pated in the debate who have expressed mentary in regard to this effort. Our However, the real problem is that while why we, Republicans and Democrats, opponents predict dark budget clouds there is considerable talk about ac- are concerned about the debt the Gov- for Social Security and any other pro- cepting responsibility and standing ernment piles up just like the stack of grams deemed essential by Senators re- foursquare for a balanced budget, there these unbalanced budgets here, and garding their particular and parochial are serious differences of opinion as to why we, Republicans and Democrats, interests; but contrary to that dire pre- how to bring the budget into balance. believe the only answer is the constitu- diction, if we total the sum of the bal- I don’t know how many times I have tional requirement that the Govern- anced budget parts, I see and predict a heard my Kansas constituents say, ment act more deliberately in its very bright future. I see a nation with ‘‘Pat, why can’t you and Senator spending decisions without always tak- 6.1 million more jobs in 10 years. I see Kassebaum and Senator Dole—Bob and ing the easy recourse to borrow. lower interest rates that will directly Nancy—work together and bring this This is a proposal that can unite us affect the daily lives and pocketbooks budget into balance?’’ Well, which pro- as Americans across party lines. Let of every citizen in terms of the amount grams would be cut? In most cases, I me mention again that every Repub- of the hard-earned income they pay know, our constituents certainly come lican Senator is a cosponsor of this now for living essentials—health care, to Washington and say, ‘‘Yes, I want to amendment. That is a great signal. But housing, education, loans, food and balance the budget; yes, I know we equally important is that seven coura- transportation. have to quit this business of mortgag- geous and bold Democrats have also If you ask the American people, with ing the future of our young people, our signed on as original cosponsors. I wish a 2 percent drop in interest rates, how children and their children; but, you to pay special tribute to those Demo- would you like 6 months of groceries know, my program is a little different. crats who support this and who have free as compared to what you are pay- My program really represents an in- spoken in support of a constitutional ing now, or corresponding savings in vestment.’’ And, in many cases, that is amendment either in the Chamber or your health care premium costs, mort- true. But, do we have the political by signing on as cosponsors. Senators gage payment or student loans, and if wherewithal to address the real entitle- BRYAN, GRAHAM of Florida, KOHL, BAU- you compare those savings in their ment question, and that is our individ- CUS, BREAUX, MOSELEY-BRAUN, and pocketbooks with the marginal reduc- ual freedom and the future of our kids ROBB have stood up for America and its tions in the amount of growth in Fed- and their kids? In that, if you total up future, and I applaud them for standing eral programs in this city, why, put all the spending, you reach a certain for principle and our children. that way, the American people support level, as evidenced by all of the budget Mr. President, I am also pleased to a balanced budget. They are six jumps reports on the floor of the Senate, say that six other Democrats have ahead of Washington. where that is the key question, not voted for this in the recent past and So the question is how, how do we each individual program. have promised to support it in their achieve a balanced budget? In his State So, do we have the political where- most recent campaigns. I welcome of the Union Address, President Clin- withal to save and restore Medicare their support for this most important ton said, ‘‘Don’t give me a balanced and other entitlements? In this regard, insurance policy that this stack of budget amendment. Give me a bal- the President and many of our friends budgetary failures will not grow too anced budget.’’ across the aisle stated over and over much higher and, more importantly, I agree with that. I must say I do again they are for a balanced budget, that our American future will be agree. But with all due respect to the but not that budget, that budget mean- brighter. If all of these folks honor President, many of my colleagues and I ing any cuts in their favorite and prior- their commitments to their constitu- have done just that but to no avail. ity programs. And I must say, despite ents, all 55 Republicans and all 13 During the last session of Congress, we the fact that a Republican Congress Democrats who have said to their con- sent two balanced budgets to 1600 and the President were within $10 a stituents they will vote for it, we will Pennsylvania Avenue, and despite ex- month difference last year in regard to pass the balanced budget amendment haustive effort and despite a lot of preventing Medicare bankruptcy, $10 a this year and it will be a great day for rhetoric to the contrary, in reality I month, some even say $7, because of all Americans. think they were dead on arrival. How- the fact we were not able to reach I thank the Chair. ever, I must say that passing the bal- agreement and the fact that the Demo- The ACTING PRESIDENT pro tem- anced budget amendment in the House cratic Party made a conscious decision pore. The Senator from Kansas is rec- last year and two budgets that were in to make Medicare a top issue in last ognized. fact in balance, despite the Presi- year’s campaign, I am not overly con- Mr. ROBERTS. Mr. President, I truly dential vetoes, this action did provide fident any budget agreement can be appreciate this opportunity to speak in the kind of fiscal backbone and tenac- worked out without a great deal of dif- behalf of the balanced budget amend- ity not seen in the Congress for dec- ficulty—unless we have to—unless ment to the Constitution, and in this ades. In my own case, I was very proud there is some outside discipline that S1122 CONGRESSIONAL RECORD — SENATE February 7, 1997 will force Congress to get the job done. many independent budget analysts charge And for action that gets the job done, The lure of political opportunism may [the President’s] plan is crafted less to im- we need a constitutional amendment. be just too great. The coming debate in pose fiscal discipline than to gain political I yield the floor. regard to Social Security is a classic advantage in the budget battle to come. Mr. CRAIG addressed the Chair. example. That is the Washington Post. That is The ACTING PRESIDENT pro tem- I have here the report in regard to not some Republican on Senate floor. pore. The Senator from Idaho is recog- the balanced budget amendment legis- In assembling its blueprint for wiping out nized. lation we are considering. On page 33, the deficit by 2002 and beyond, the adminis- Mr. CRAIG. Mr. President, let me tration offers dozens of new spending initia- the minority views begin. And I note, make note of the comments of the Sen- tives, including almost $60 billion of addi- ator from Kansas. They are so appro- as I thumb through some of the com- tional entitlement programs [I thought we priate and so well directed at what we mentary, that it is merely a repeat of were going to scale those back], while pro- can do here as it relates to controlling what many of us on this side of the viding sketchy information about spending our spending and modifying programs aisle experienced in 30-second spots. cuts. that do just that and produce long- Clinton is relying heavily on new fees So the real question is, does the Con- term benefits. gress have the fortitude and the perse- and deferred spending reductions to The Senator from Kansas last year, verance and the tenacity to truly bal- reach balance. About 75 percent of all of course, was a major player and au- ance the budget? As has been said by the proposed spending cuts would take thor of the Freedom to Farm Act while many of my colleagues, despite very effect after 2000, a strategy that would he was chairman of the House Agri- good men and women of both parties put off most of the pain—most of the culture Committee. That very act with the best of intentions, it is now discipline, if you will—until after changed the whole dynamics of Govern- the 28th year in which a majority in President Clinton leaves office. ment policy as it related to farm pro- Congress has failed in efforts for the A respected columnist, second to grams and Government’s relationship Federal Government to live within its none, the dean of the political writers to production agriculture. means and to prevent the mortgaging in Washington, David Broder, added He spoke of the net savings in the of our children and their children—28 this in today’s issue of the Post: tens of billions of dollars that will re- years. There is the evidence right down The numbers in the latter document [I am sult over an extended period of time. I there, right next to Senator CRAIG. As talking about the budget] are immensely re- would guess that less than a few years vealing. After pages of pat-myself-on-the- ago, many Senators and many Mem- a matter of fact, I think it stacks so back rhetoric, the gauzy camouflage is high that we are in violation of the Oc- pulled aside. And you can learn that there’s bers of the U.S. House would have said, cupational Safety and Health Adminis- really not that much wrong with this budget ‘‘That can’t be done; you cannot sever tration code, and maybe the fire code. except that it adds another $1.2 trillion to that relationship.’’ And yet, we have So we all agree that we must make the statutory national debt in the next 5 severed it. progress toward a balanced budget. years, fails to start addressing the baby- Agriculture continues to prosper Then during the course of our political boomer retirement problem, further squeezes every bit as well as it did tied directly deliberations, we most generally agree the share of money available for needed do- to the Government and Government mestic programs, shifts burdens to the to disagree on how to achieve this goal. programs and, we believe, in the long States, shortchanges the cities and stagnates term will prosper more, simply because I think it is clear that, if there is any- investments in nonmilitary research and de- thing to be learned during the time we velopment, the real seed corn for the future. it is not relying on farming-to-Govern- have regretfully experienced ever-in- Other than that, it’s a fine, forward-looking ment programs but, in fact, is now creasing deficits and political discord, budget plan. looking at the market and producing it is that we need a balanced budget That is by David Broder and I think to the market, as we had hoped it amendment to the Constitution to sim- it deserves significant attention for would. That was one major benefit in change ply get the job done. those involved in this debate as well as that occurred in the 104th Congress. Now, the minority says in the begin- all of the American people. Another one that occurred that is, in Mr. President, with the fall of the ning of their views: the long term, going to substantially Greek Republic as an example, there is The real question this year is not whether get us to the point by 2002 of a bal- to reduce the deficit but by how much and an often-quoted and pessimistic theory anced budget, of course, was the wel- what cuts to make in order to bring the that a democracy cannot exist as a per- fare reform. budget into balance. That is the real work manent form of government. The argu- So when the kind of pandering that that lies before us. ment and prediction is a democracy occurs here on the floor, often from the And amen to that. And I credit the can only exist until the voters discover other side, that there is no way to bal- minority for starting off with that they can vote themselves largesse from ance the budget, or, if you balance it, paragraph. the Public Treasury. From that mo- you must begin to exempt major por- But, as has been said before, we now ment on, the majority always votes for tions of the budget because they are have the President’s budget, and in the candidates promising the most ben- too sensitive, too important and no that regard I am going to quote from efits, with the result that a democracy constraints must be put upon them of today’s issue of the Washington Post. always collapses over a loose fiscal pol- the kind that a constitutional amend- This is an independent observation, not icy. ment would place upon them, so, there- known for conservative views—some That was predicted about the Greek fore, they must be exempt, I would conservative views. When they shine Republic. It happened. If that pre- argue just the opposite, that all it the light of truth into darkness, it is diction is true, it is a terrible prospect forces us to do is make tough choices, usually to the left-field bleachers as for our future. priorities, where should the dollars be opposed to the right-field bleachers. Mr. President, I don’t buy it. I think spent. But the Post says this morning: the American people are willing to sac- Of course, we all know we are going ‘‘For the first time in 30 years, we’ll rifice and invest in the future if we but to build and maintain a strong human be able to tell the American people set the example and get the job done. safety net in Government policy for that we have brought fiscal sanity I must say, when we look at our most the citizens of this country who are back to their Government,’’ declared recent history, and the fact our best ef- poor or disadvantaged or need an op- Clinton’s Budget Director, Franklin D. forts fell short during the last session portunity. That is exactly what has Raines, at a news conference. of Congress—and, goodness knows, we been and will remain a concern of this And the Post goes on to say this, and worked hard—I believe this debate, this Congress always. this a wake-up call to the American legislation and this time represents our All we are asking, and what I think people: very best opportunity to set our Na- we are causing to happen, is what the But, in many respects, [the President’s] tion’s fiscal house in order. American people have been asking now fiscal 1998 budget falls well short of the ad- In his State of the Union Address, for well over a decade. Out of fear—now ministration’s soaring rhetoric. On issues President Clinton said, ‘‘we need ac- fright—that this Congress cannot con- such as deficit reduction, Medicare, tax cuts tion.’’ And I agree. It is, indeed, time trol a Federal debt, they are saying, and welfare, congressional Republicans and for action. ‘‘Balance your budget.’’ February 7, 1997 CONGRESSIONAL RECORD — SENATE S1123 Of course, the Senator from Kansas that I thought was very reminiscent of Only government could turn this cycle and I, the day before yesterday, ref- the very arguments we are placing here around, by pumping money into the econ- erenced this large stack of 28 consecu- on the floor. The President had ex- omy. It did so by hiring people for public works programs, for example. tive budgets that are piled here beside pressed concern about the ability to But because the government collects less me, to recognize that 14 of them have react promptly in a recession and, of in taxes during recessions, those public pro- deficit spending, with all the intent to course, the amendment we have before grams had to be paid for with debt, Keynes deficit spend and no intent to balance. us would argue that that is what it al- argued. And 14 of them have the intent to bal- lows. When the President said that, I The evidence shows that public works pro- ance, where the Congress collectively, said, ‘‘Mr. President, we have provided grams have done nothing to solve recessions, a 1993 article by economist Bruce Bartlett in in producing the budgets, said it is our for that. We have a three-fifths vote in The Public Interest magazine pointed out. intent that these budgets lead to a bal- the amendment now.’’ It is a tough Spending packages aimed at fighting reces- anced budget. vote. It is not always easy to come by, sion have never been enacted before a reces- Yet, of course, we now have evidence, but it is a necessary vote to force us to sion ended on its own, as the chart shows. by the President’s budget coming to us the reality. In fact, Congress often enacts these pack- yesterday, that in all the rhetoric and ages the very month the recession is over. Let me suggest that Congress, in They are usually nothing more than pork- all the time that he expended and all 1962, passed 12 economic stimulus bills barrel spending dressed up as compassion. the good intentions that he expended because of a recession. All 12 bills re- Recessions are usually defined as two in the State of the Union Message this ceived 60 votes or more in the U.S. Sen- straight quarters of falling GDP. So no one week, referencing a balanced budget ate. In 1993, in a stimulus package, actually knows a recession is happening many, many times, that his budget there were similar kind of votes. until six months after it starts. No one knows it’s over until three months later. isn’t balanced, won’t even balance un- What I am suggesting is that the Even then, it takes Congress time to pass less you do major cuts and major tax record is replete with a voting pattern a law for extra spending. And it takes still increases, largely because he is habit- that says if we are truly in a major more time for that money to make its way ually the kind of public leader that we economic emergency and there is need through the economy. have had for so many years, who wants for economic stimulus, that the very So even if Congress could tell when a reces- to constantly add new programs with- marker we have put in the proposed sion was starting—unlikely, given the records of most economic forecasters—it out making the tough choices of delet- constitutional amendment that we are still wouldn’t have more than a small effect. ing programs so that you can add. debating on the floor is the proper And Keynes was wrong not just in practice, I am not suggesting the programs the mark and not 51 votes. but in theory as well. President spoke of are not contem- So what Investors Business Daily He based his whole theory on the notion porary and necessary. When he spoke said yesterday was: that government experts acted rationally, while the average person did not. Central to education the other night, I ap- The idea that deficit spending could planners could know enough and act quickly smooth out the rough spots in a business plauded a fair amount of what he said. enough to save people from the consequences But I am willing to stand here and cycle comes from John Maynard Keynes. Re- of their own bad decisions—clearly not the make the tough votes to suggest spend- cessions, he believed, started when all the case. ing ought to decrease somewhere else if buyers in the economy suddenly stopped There are programs, such as unemploy- we as a country are going to shift our spending. . . ment insurance, that kick in automatically The evidence shows that public works pro- when recession hits, without having to wait priorities in spending to education. grams have done nothing to solve recessions, We now have an amendment before for Congress to act. The amount those pro- a 1993 article by economist Bruce Bartlett in grams actually increase during recession us that would impact the whole intent The Public Interest magazine pointed out. could be easily handled within a balanced of a balanced budget amendment to our Spending packages aimed at fighting reces- budget, however. Constitution, and those are tough sion have never been enacted before a reces- Between 1980 and 1984—which includes choices, prioritizing and doing exactly sion ended on its own. years of deep recession—real spending on what the American people expect us to In other words, they always came jobless benefits rose $47.4 billion above its do, and that is balance the budget. If 51 after all of the indicators were in place level in 1979, an economic peak. That in- crease was just 1% of government spending of us can say, ‘‘Oh, we can’t balance that the recession was over. over those four years. the budget, the environment is too ex- Recessions are usually defined as two Recessions have been less severe in the treme at the moment, economically at straight quarters of falling GDP. So no one postwar period, many economists argue, this point in the country or the prior- actually knows a recession is happening largely because of the greater role Govern- until six months after it starts. No one ment has played in easing recessions. But it ities of spending are we just have to knows it’s over until three months later. bypass this national mandate, this con- is not certain that they are less severe, and That is the reality of how we define it is even less certain that this is due to gov- stitutional mandate and do it only by ‘‘recession.’’ Yet, the amendment that ernment. 51 votes here in the Senate,’’ then I we have before us to amend the resolu- On the surface it seems true. From 1920 to suggest to you this amendment wipes 1938, recessions averaged 20 months, with a tion would argue that we know better. away the full intent of a balanced 14.2% decline in real GNP. Since 1948, they Mr. President, I ask unanimous con- budget amendment and causes us, if averaged 11 months, with 2.4% drop in real sent that the full text of the editorial that were to become part of the bal- GNP. Unfortunately, it’s hard to compare called ‘‘Prospective Balanced-Budget the two periods, because the prewar data are anced budget amendment, to gimmick Blather’’ be printed in the RECORD. quite crude. up the Constitution by simply doing There being no objection, the mate- National Bureau of Economic Research exactly what we do now. economist Christina Romer, in a key 1986 rial was ordered to be printed in the So we are telling the American peo- American Economic Review article, tried to RECORD, as follows: ple that the amendment that is before compare apples with apples. She adjusted the us is one where, ‘‘Oh, we have given PERSPECTIVE BALANCED-BUDGET BLATHER, more recent data so that it was calculated FEBRUARY 6, 1997 much like those of the prewar period. you a balanced budget amendment to And she found the evidence of a change in the Constitution. Rest assured we have Without deficits, recessions would be longer, deeper and harder to pull out of, the the length, frequency and severity of busi- given you what you wanted, but more common wisdom says. Treasury Secretary ness cycles was weak. importantly, we have now simply re- Robert Rubin echoes that in opposing a bal- Even if recessions are less severe, it may prescribed business as usual.’’ anced-budget amendment. But it’s not true. have little to do with government. The grow- It is with those frustrations that I The idea that deficit spending could ing importance of the service sector, where think we are now suggesting that this smooth out the rough spots in a business employment tends to be stable, could be one cycle comes from John Maynard Keynes. Re- reason. And technology has helped ease the is an amendment—the amendment to sharp boom-bust cycle of the farm and fac- the constitutional amendment, the one cessions, he believed, started when all the buyers in the economy suddenly stopped tory sectors. before us—is one that does not deserve Legitimate gripes about a balanced-budget spending. amendment are easy to come by. But Rubin’s to be in the Constitution, because it Sellers usually respond to such a decline in is not one of them. would be false pretense to argue it any demand by cutting output and jobs, rather other way. than cutting prices, the Keynesian view Mr. CRAIG. It is important to recog- Yesterday, there was a fascinating went. That threw more people out of work, nize that while the politics of the argu- article from Investors Business Daily and further reduced aggregate demand. ment are interesting, the record would S1124 CONGRESSIONAL RECORD — SENATE February 7, 1997 suggest that it does not fit, that Con- the debate on the constitutional her ambassadorship to France. The four gress has always responded to reces- amendment for a balanced budget. My- years she spent in Paris in service to her sions after they were over. And, in fact, self, I will have some remarks later in adopted nation gave a different meaning to what had gone before it, not only to her bi- what ended up usually was pork-barrel the day on that subject matter, but I ographers but also to herself. In retrospect, spending that became a part of the would like to take a little bit of time, everything that preceded Paris will look dif- total budget program that went on. if I could, to raise several issues. ferent because, after a life in which she was Between 1980 and 1984—which includes (The remarks of Mr. DODD pertain- identified closely with a series of important years of deep recession—real spending on ing to the submission of Senate men, she did something important so splen- jobless benefits rose $47.4 billion above its Congressonal Resolution 6 are located didly on her own. level in 1979, an economic peak. That in- She spent her last hours before she fell ill in today’s RECORD under ‘‘Submission in a characteristic whirlwind of activity. crease was just 1% of government spending of Concurrent and Senate Resolutions.) over those four years. Less than an hour before her fatal attack, f Recessions have been less severe in the she was discussing on the telephone with her postwar period, many economists argue. friend Undersecretary of State Peter Tarnoff TRIBUTE TO PAMELA HARRIMAN some highly technical problem concerning That is exactly the point of those fig- Mr. DODD. Mr. President, all of us in the Treaty on Conventional Forces in Eu- ures, the argument that somehow we this country were deeply saddened by rope. This was not the public Pamela straitjacket our Government by a bal- the tragic death of Pamela Harriman Churchill Harriman, the one the press al- anced budget not able to respond to in Paris a few days ago. Regardless of ways described as ‘‘beautiful and glamor- times of recession, and the facts simply ous,’’ but the intensely serious public serv- party or political persuasion, this was ant, handling personally a matter most am- do not bear it out, the economic facts, a remarkable woman who spent a life- bassadors would have left to someone else. not mine, but those of the economists time, from the basement of 10 Downing Then, after discussing the CFE with Tarnoff, who study this. Street with that most revered of lead- she went swimming at the Hotel Ritz and, as So when Secretary Rubin fears ers of the 20th century, Sir Winston she got out of the pool, collapsed without straitjacketing, what Secretary Rubin Churchill, to representing the United warning. Because Pam was the daughter of a Dorset fears is that the American people will States in the Embassy in Paris. Hers once again have control of their budget baron, I often asked her, teasingly, how she was a remarkable life in many ways. had managed to overcome the disadvantages and the spending of the Federal Gov- As we have been reading about the of her birth. But in a sense, I meant it; had ernment and that we take it out of the legend of Pamela Harriman over the she followed the normal trajectory for a girl hands of politicians and force them to past few days not enough attention, in of her generation and limited education, she stay within parameters and make the my view, is being paid to her profound would perhaps have lived out the last few tough choices and to stop mounting legacy to this country. Most of us—I years of a fairly predictable life as, say, a the huge Federal debt that we are cur- think all of us, maybe with some ex- duchess dowager in some stately English rently having. home. Instead she began a 57-year voyage al- ception in this Chamber—were born in most continuously in the public eye. That is the essence of a balanced this country. We did not make the The standard stories always emphasize the budget amendment. That is why we are choice to be Americans. We were fortu- men in each phase of Pam’s life, and there here on the floor, because the Amer- nate enough that our parents or grand- was truth in this; she herself talked of it oc- ican people have asked us to do this. I parents or great-grandparents came to casionally with her close friends. But the am one of those who believes so strong- this country, and we were the bene- role men played in her life can be misunder- stood. It is true that she loved, and was loved ly that the record is replete with the ficiaries of those decisions. facts that we as politicians cannot do by, an extraordinary group of men. But Pam I have always thought it was some- absorbed more than the luxuries of life from it. what different for people who made the her close proximity to men in power. From Some of us can make those tough choice, the conscious choice to become each of them she learned something new and votes; others cannot for various rea- an American. Pamela Harriman made gave something back. It was with Averell sons. It is true that, as never before, that choice to be an American and con- Harriman, a major figure in both foreign pol- special interest groups come to Wash- tributed mightily to this country. She icy and the Democratic Party for half a cen- ington for a piece of the pie. So it is was engaged in the political process. tury, that she returned to the world of public easy to give it away and make the pie affairs, this time not as the British daugh- She was a partisan. And I say to my ter-in-law of Winston Churchill but as a bigger. The only problem is we borrow friends on the other side, I think that proud new American citizen. She became in- hundreds of billions of dollars annually is healthy when people become engaged creasingly involved in Harriman’s two major to make the pie, expecting future gen- and not only have ideas and values and concerns: the Democratic Party and Amer- erations to pay for the ingredients. beliefs, but are willing to act on them. ican foreign policy. Thus, when President Therein lies the great discrepancy, why And for those of us who are Democrats, Clinton made the decision to send her to we are here. we will be eternally grateful for her Paris in 1993, she was more prepared than ei- ther she or most of us realized. It is an important issue. We must support and her willingness to be en- Unlike many political appointees, she was fight to make sure that we retain it gaged in the political life in this coun- determined to understand the most complex and that we pass the balanced budget try. For people, regardless of political details of her job. At the same time, she re- constitutional amendment resolution persuasion, she was a great individual mained a perfectionist, equally determined and disallow the kind of amendments who represented our country in Paris to present a flawless facade. When, as her that would weaken it or make it hol- with great distinction. ‘‘boss,’’ I tried to get her to take more time low at best. We cannot put that kind of There was a column presented the off, to relax more, to do less, she simply said, ‘‘I can’t do that. I’m not built that way.’’ language in our Constitution. other day, Mr. President, by Richard Her efforts produced results not only for I yield the floor. Holbrooke in the Washington Post her personally but for the nation. In the fa- Mr. DODD addressed the Chair. which I think captured in many ways mously difficult relationship between Wash- The ACTING PRESIDENT pro tem- the feelings of many of us about Pam- ington and Paris, Pam achieved a level of ac- pore. The Senator from Connecticut is ela Harriman’s service. cess to the highest levels of the French gov- recognized. Mr. President, I ask unanimous con- ernment that was unique. While the press fo- Mr. DODD. Mr. President, I ask unan- sent that that column by Richard cused on the strains in the relationship, these were never as serious as reported, and imous consent that I may be able to Holbrooke be printed in the RECORD. in any case they would have been far greater proceed as in morning business and the There being no objection, the article without Pam’s ability to bring officials of time I use not be deducted from the de- was ordered to be printed to the both nations—most of them younger than bate on the pending business. RECORD, as follows: her son Winston—together under her roof to The ACTING PRESIDENT pro tem- [From the Washington Post, Feb. 6, 1997] work things out. It was one of her enduring beliefs that if she could get the right people pore. Without objection, it is so or- PAMELA HARRIMAN’S LAST MISSION dered. together in a room she could get them to By Richard Holbrooke agree, or at least reduce their disagreements. Mr. DODD. I thank the President. If, as Soren Kierkegaard said, ‘‘Life is lived That she was so often right, in the face of Mr. President, I have a couple of forward but understood backward,’’ then the the usual bureaucratic passivity or pes- items that I would like to address, if I arc that Pamela Harriman traveled can best simism, was a tribute to her determination may, here of a different nature than be understood by beginning at its end, with and tenacity. February 7, 1997 CONGRESSIONAL RECORD — SENATE S1125 Almost exactly 28 years ago, on January Through Childreach, the U.S. branch paragement of women with ‘‘One Small Step 19, 1969, a group of us went to Orly airport in of Planned Parenthood International, for Genkind,’’ a 1972 article in The New York Paris to say goodbye to Averell Harriman, Ms. Miller served as a foster parent for Times Magazine that was reprinted in col- who was leaving his post as chief negotiator dozens of children in poor and dis- lege textbooks as recently as last year. to the Vietnam Peace Talks on the day be- In it, they wrote: ‘‘Except for words that fore Richard Nixon’s inauguration. Harriman advantaged countries. What is more, refer to females by definition (mother, ac- was 76 years old, and that day in Paris was she shared her good fortune with oth- tress, Congresswoman), and words for occu- to be his last as a U.S. government official. ers, generously donated to her alma pations traditionally held by females (nurse, Now, at the same age and in the same city, mater Smith College, the NAACP, and secretary, prostitute), the English language his widow has gone out as she would have the Humane Society. defines everyone as male. The hypothetical wanted to, just as she was ending a success- On a personal level I rise here, Mr. person (‘‘If a man can walk 10 miles in two ful mission for her nation. President, to talk about Casey Miller hours . . . ), the average person (‘‘the man in f who passed away a number of days ago the street’’) and the active person (‘‘the man on the move’’) are male. The assumption is TRIBUTE TO CASEY MILLER not just because she was a pioneer in that unless otherwise identified, people in the feminist movement, served our general—including doctors and beggars—are Mr. DODD. Mr. President, a third country in uniform in previous con- subject matter I raise here in morning men. flicts, but she was a dear friend, and ‘‘It is a semantic mechanism that operates business today is one that did not get she happens to have been my next door to keep women invisible; ‘man’ and ‘man- national attention except for those neighbor in Connecticut. More than kind’ represent everyone; ‘he’ in generalized who may have been interested. But I just being an activist and someone who use refers to either sex; the ‘‘land where our want to pay tribute to a neighbor of made a significant contribution fathers died’’ is also the land of our moth- ers—although they go unsung. As the beetle- mine, Mr. President, a neighbor and a through a particular avenue that she friend, a woman who truly revolution- browed and mustachioed man in a Steig car- sought, she was a wonderful, wonder- toon says to his two male drinking compan- ized the way we speak and write in this ful, friend. I cannot tell you the count- country. Casey Miller is her name. ions, ‘When I speak of mankind, one thing I less breakfasts, lunches, and dinners, don’t mean is womankind.’ ’’ Throughout her life, Casey Miller so lively across the lawn. I could spend Ms. Swift said yesterday that the idea for promoted and venerated the role of an evening with Casey Miller and Kate the article grew out of their first collabora- women in our society by fighting to Swift, her lifetime friend and partner. tion as editors in 1970, on a sex education eradicate gender-specific language For millions of us across the country, handbook for high schools that talked about the nature of man and man’s behavior and from everyday speech. Casey Miller has had an impact—you Postal worker, artisan, police officer, used the pronoun ‘‘he’’ in ways that made it may not know her name—for the way impossible to know whether the author was and restaurant server are just some of we speak today, for the changes that the words that enter the glossary of writing about both males and females or have occurred. Even in our own legisla- only about males. modern English because of Casey Mil- tive body Casey Miller made a signifi- ‘‘We began to think this was a field that ler. While many falsely see these words cant contribution. needed to be written about and explored,’’ as political correctness gone awry, Mr. President, I just wanted to rise Ms. Swift said. they in fact represent a genuine effort this morning and pay tribute to my Their articles on the subject first appeared to place America’s women on the same in New York magazine and in the first issue neighbor. I will miss her very, very of Ms. magazine. The New York Times Maga- linguistic standing as men. much. She was a wonderful friend, a Her book, ‘‘The Handbook of Nonsex- zine article appeared on April 16, 1972, and great person, an individual who proved, ‘‘got an awful lot of negative comment,’’ Ms. ist Writing’’ is still considered the once again, that one person can truly Swift said. standard reference guide on how to cor- make a difference in our society. Casey Geddes Miller was born on Feb. 26, rectly utilize language in order to I ask unanimous consent that two 1919, in Toledo, Ohio. She received a bachelor properly address and speak of women. editorials about Casey Miller be print- of arts degree in 1940 from Smith College, Too often in everyday discussions we ed in the RECORD. where she was a philosophy major. During use the words ‘‘man,’’ ‘‘men,’’ and There being no objection, the mate- World War II, she served for three years in the Navy, working in Washington in naval ‘‘he,’’ as if they were interchangeable rial was ordered to be printed in the for all people. But these words only de- intelligence. RECORD, as follows: She was on the staff of Colonial Williams- scribe the role of the male gender and CASEY MILLER, 77, A PROMOTER OF USING burg from 1947 to 1954, when she became the they demean to many women the sig- NONSEXIST LANGUAGE curriculum editor of the publishing house of nificant position of women in our soci- (By Lawrence Van Gelder) the Episcopal Church, Seabury Press. Ten ety. Casey Miller, a writer and editor who was years later, she became a free-lance editor, As the English novelist Thomas a pioneering advocate of nonsexist language, working at her home in Greenwich and after Hardy once said, ‘‘It is difficult for a died on Sunday at her home in East Haddam, 1967 in East Haddam, where she formed her woman to define her feelings in lan- Conn. She was 77. editorial partnership with Ms. Swift. guage which is chiefly made by men to Kate Swift, her close friend and co-author, She is survived by her sisters, Kate R. said the cause of death was chronic obstruc- Gregg of Falmouth, Me., and Caroline S. express theirs.’’ The fact is that ‘‘the Cooper of Gilmanton, N.H. man on the street’’ may be the woman tive lung disease. with a strong opinion. Things that are Beginning in the early 1970’s, Ms. Miller and Ms. Swift co-wrote numerous books and TAKING ON ‘‘MANKIND’’ ‘‘man-made’’ are often built by women. articles on English usage and its relationship Gender-neutral phrases like postal carrier The ‘‘man of the house’’ is by no means to the status of women. Writing in a climate and police officer roll off our tongues now- always a man. And the ‘‘land where our of increasing sensitivity and opposition to adays as if they had always been a part of fathers died’’ is the same land of our language that relegated women to secondary our linguistic consciousness. But we know mothers. status, Ms. Miller and Ms. Swift waged a that’s not true. Until a few years ago, the Through Casey Miller’s writings, forceful campaign against what many con- English language was loaded with male-bi- more and more Americans became sidered sexist language. If not all their pro- ased terms. aware of the implicit discrimination in posals (like ‘‘genkind’’ to replace mankind) A turning point came in 1980, with the found their way into everyday usage, the ‘‘Handbook of Nonsexist Writing,’’ today our language and the distinct individ- women nonetheless helped to raise awareness considered the standard reference on how to uality of women in our society. Though of oppression by language. avoid degrading women with words. Its co- she was not a household name, Mr. Ms. Miller and Ms. Swift were the authors authors were Casey Miller and Kate Swift of President, for most Americans, her im- of ‘‘Words and Women,’’ published in 1976 by East Haddam. pact on the way we write and speak has Doubleday and 1991 by HarperCollins, and Ms. Miller died Sunday at the age of 77. been profound. For all of her efforts she ‘‘The Handbook of Nonsexist Writing,’’ pub- In dozens of magazine articles and two deserves the appreciation of women lished in 1980 by Lippincott & Crowell and in books, Ms. Miller and Ms. Swift made a and men across this country of ours. 1988 by HarperCollins. They also wrote many strong case for banishing gender-biased articles on sexism in English that appeared words from our everyday language. Besides her groundbreaking work on in national periodicals and in more than 30 Many of their proposals—such as eliminat- behalf of women, Casey Miller was an anthologies and textbooks. ing suffixes -ess and -ette and replacing load- active and vital participant in humani- They achieved widespread recognition as ed words like ‘‘craftsman’’ with the neutral tarian and philanthropic causes. authorities on the subject of linguistic dis- ‘‘artisan’’—have been widely adopted. S1126 CONGRESSIONAL RECORD — SENATE February 7, 1997 The two authors drew attention to other that if you could control the purse, if steal and spend, because borrowing sexist expressions, from founding fathers to you could limit spending, you could without the intention or capacity to working wife to old wives’ tale, arguing that limit the encroachment of Government pay back by those who are doing the prejudices in language reflect the mostly upon the freedom of individuals. Money borrowing is something that is cat- white, Anglo-Saxon patriarchal society in which our grammar and vocabulary devel- is and money has always been the egorized in the law as something far oped. Such terms are destructive, Ms. Miller source of Government’s most basic different from borrowing. People who and Ms. Swift wrote, because they perpet- power. History bears testament to this go to borrow without the intention to uate stereotypes demeaning to women. truth. pay back are stealing. Most State stat- Theirs were persuasive arguments. The Magna Carta, which was signed utes call it stealing by deceit. When we A graduate of Smith College, Ms. Miller’s grudgingly by King John a few cen- in this generation borrow without the lifelong passions were words and language. turies ago—I might add, no relation, intention or capacity to repay those As a lieutenant during World War II, she King John, but the name is still in cur- moneys which we have borrowed, we, in helped to break codes used by Japanese in rent use—prescribed that the monar- the Pacific. Later she worked in publishing fact, are stealing from the next genera- before moving to East Haddam in 1967 to chy could not impose taxes, and King tion. We cannot have their consent to begin her career as a freelance editor and John grudgingly signed this, the mon- take their resources because they do writer. archy could not impose taxes without not exist yet. We are taking resources Although hers was not a household name, the consent of the Great Council. from our children and grandchildren at Ms. Miller has left a more lasting legacy Charles I was executed because he tried a time before they are even born. We than others who have achieved celebrity sta- to spend money without the consent of are borrowing without the intention to tus: Changing the way Americans write and the Commons. And our own Declara- pay back. We have gone from tax and speak. tion of Independence talks of injuries spend to borrow and spend, and I dare- Mr. DODD. I thank my colleagues for and usurpations, not the least of which say, now we find ourselves in the moral allowing me to digress. Mr. President, I was George III’s imposition of taxes reprobate position of stealing from the yield the floor. without representation, taxes without next generation to spend. f the consent or participation in the de- I spent some time as attorney gen- BALANCED BUDGET AMENDMENT cisionmaking by colonial residents. eral of my State. I had the privilege of TO THE CONSTITUTION Mr. President, deficit spending has serving the people of Missouri for 8 wrested power from the people. It has years as attorney general. It is the at- The Senate continued with consider- taken power from the next generation ation of the resolution. torney general’s responsibility to up- and brought it to this generation, the hold the convictions of individuals who Mr. ASHCROFT addressed the Chair. power to decide how the resources of The PRESIDING OFFICER (Mr. have violated the law. Among those are our own children will be spent. It has people who abuse children. I think THOMAS). The Senator from Missouri is deposited this power in the Halls of recognized. child abuse is reprehensible. It is be- Congress. yond my comprehension how someone Mr. ASHCROFT. I thank my col- We are not only taking the freedom league from the State of Connecticut. would abuse a child, let alone his or of this generation when we spend in her own child. Mr. President, I am pleased to have an deficit, we are taking the freedom of opportunity to make some remarks the next generation, so that we have a But most of the people who abuse about the balanced budget amendment. compound problem here. The extent children would not think of stealing It is my understanding the minority and reach of Government encroaches from children, or stealing from their leader may come to the floor to speak, upon the capacity of individuals to live own children. I find it to be abhorrent and if he does I am happy to interrupt freely, not only in the present time but and immoral, and it is very unwise my remarks to provide him an oppor- because we are funding this overreach- that we would take from our own chil- tunity to make whatever remarks he ing of Government with deficit spend- dren the capacity that they ought to plans to make. ing, it encroaches upon the freedom of have to be free, and that we would Mr. President, when we discuss the the next generation. somehow wrest from them the deci- balanced budget amendment, we are This is an inversion of the will of the sionmaking capacity of free citizens in usually talking about the impact of Framers of the Constitution. It is an the next generation to decide how to runaway spending on our economy or invasion of the social contract in which deploy the resources that they gen- on our future. These are fundamental our forefathers developed this country. erate. We would have already made the considerations, but I think there is an- It takes the power from the people and decisions, we would already have other consideration that we must not puts it in the hands of the Congress. consumed the benefits, and we would lose sight of, and that is, perhaps, more And really what Congress’ enterprise send to them nothing more nor less fundamental and more profound than ought to be is empowering people. It is than the bill—the debt to be paid. the economic implications of the bal- time to return to the people the ability We owe our children so much more anced budget. A protracted deficit to control their own lives, their future than that. Tax and spend was bad; bor- spending empowers the central Govern- and their destiny and to begin to as- row and spend was worse. When we got ment with the means to undermine our sure the next generation that we will to a situation where we could not basic liberties. What I really mean to not have exercised their prerogatives, repay that which we had borrowed, it say is that unlimited spending by Gov- we will not have made their choices became stealing by deceit, and steal ernment promotes unlimited Govern- about how to spend their resources, but and spend is morally reprehensible and ment, and unlimited Government that we will, indeed, protect some of must be curtailed, it must be stopped. means limited freedom. There is a rela- that prerogative which they rightfully The ability to take resources of the tionship between the size of Govern- have which they ought to enjoy. An- next generation is unique to the Con- ment and the number of its preroga- other way of saying this is that it is gress. No father can create debts which tives and the size of individuals and the simply immoral to tax unborn genera- are visited upon his or her son or number of their prerogatives. tions of Americans in anticipation of daughter. No mother can create a debt For how we tax and spend, really, in their existence in order to satisfy our that can be visited upon her son or fact, determines whether we are pros- undisciplined consumption that is a re- daughter. The law simply does not perous or poor, free or enslaved, good sult of deficit spending. allow the debts of a parent to be im- or evil. I believe if we want to be free, Mr. President, Congress today does posed upon a child. Only in one uni- we have always to be careful about the not have to vote to raise more revenue verse can this happen, and it can only size of Government. in order to spend more money. We have happen when the people of this coun- Now, the acknowledgment that we gone through a transition from tax and try, through their Congress, create a can control Government by controlling spend, which is an arguable propo- debt which will be visited on those who its power of the purse is not new. From sition, to borrow and spend, which is are yet unborn, will be used as a set-off the very beginnings of this Republic certainly a very questionable propo- to garnishee the wages that are yet un- there has been a clear understanding sition. We now are in a category of earned. It’s time that we stop. February 7, 1997 CONGRESSIONAL RECORD — SENATE S1127 No family in America finds its chil- Republican and Democrat Congresses Chamber has ever argued that there is dren encumbered by the debts of par- have not had it. Republican and Demo- inadequate authority for balancing the ents. The American people are fed up crat Presidents have not had it. It is budget. But these unbalanced budgets with a Congress that spends these yet time for us to provide a backbone im- are a testimony which is undeniable, unearned wages of the next generation, plant, if you will, for the Congress of not to the absence of authority, but to and rightly so. It is more than econom- the United States to place in the Con- the absence of discipline. It is time ics; it is a matter of freedom. Second it stitution of the United States this dis- that we, who have experienced a collec- is more than freedom; it is a matter of cipline. tive loss of will, provide a structure in integrity. While one Senate cannot bind the which we cannot allow this abuse of Mr. President, deficit spending is not next Senate, and hasn’t because we the future of the United States to con- only a threat to our posterity and our have changed the laws and changed the tinue. children’s future, it is a method by rules because we could not break the The balanced budget amendment is which Washington’s elite circumvent habit, our Constitution can provide real reform, and it will be felt. I had the public, the law, and the Constitu- that discipline. Persons born in 1900 the privilege of serving my State as tion. When the people express the be- paid, roughly, 24 percent of their in- Governor. I have seen what happens lief that Government is out of control, come in Federal and local net taxes. when there is a framework and struc- they are correct. For too long, this Persons born in 1970 will pay about 34 ture which demands discipline. I know body has satisfied the appetites of nar- percent of their income in net taxes. If that for 8 years we balanced our budg- row interests at the public’s expense. the policies that we have in place now ets. As a matter of fact, we aimed for Where is the accountability to tax- remain, persons born in 1994 and there- a little surplus so we could create a payers? Where is the will to do that after will find themselves, over the rainy day fund so that when times got which is right? course of their lifetimes, paying a net tough, we could simply call upon those Mr. President, we have tried time tax rate of about 84 percent. It is a resources that we had developed when and time again to deal with this prob- trend which cannot continue. It is tax- times were good. And it was not only lem of recurring chronic debt. In terms ation without representation. It is an an appropriate way to do business be- of the medical profession, this is not an expropriation of the freedom and op- cause it was moral and because it acute problem that lasts momentarily portunity of the next generation. It is didn’t steal from the next generation. and then is gone, this is a chronic prob- immoral, it is obscene, and it must It was an appropriate way to do busi- lem. These copies of out-of-balance end. ness because it was very healthy for budgets for the United States, year As Thomas Jefferson stated in a let- the State economically. And over and after year—I believe there are only 28 ter to James Madison in 1789: over again our State was rated at the years stacked here. Over the last 60 The question whether one generation of very top with the highest bond rating— years, you can more than double, per- men has a right to bind another * * * is a the highest financial rating of any haps triple, the volume represented by question of such consequence as not only to State in the country because it was un- these out-of-balance budgets. They rep- merit discussion, but place also, among the derstood that we had this concern resent the absence of our capacity to fundamental principles of every government. about the integrity of our fiscal affairs. discipline ourselves to stop spending We must place it among the fun- So, Mr. President, let me just say a someone else’s money, to stop borrow- damental principles of our Government balanced budget amendment is real re- ing someone else’s money, to stop by enshrining the balanced budget form. It will reestablish the historical stealing by deceit the resources of the amendment in our Constitution. responsibilities observed in this coun- next generation. Now, there is some quibbling about try that we could have balanced budg- In 1985, we tried something. It was a whether those who founded this great ets, except in times of war, which is noble endeavor. To be commended are Nation would have wanted the bal- something that should be assumed. But Senators GRAMM, former Senator Rud- anced budget amendment in the Con- it cannot be assumed and must be in- man, and Senator HOLLINGS in the stitution. I must say to you that there stitutionalized. Gramm-Rudman-Hollings Act. Then were certain presumptions that sur- It is also a political reform that will again we didn’t have the will to carry rounded most individuals who assem- be felt first and foremost in the cold through, and we changed the law so we bled to create the finest document ever corridors of power here on the Poto- could change the rules because we written by human hand—the U.S. Con- mac. Most importantly, it will be felt could not change our habits. We put stitution. One presumption was the by the American people who will have Gramm-Rudman II in place in 1987. presumption of integrity and the pre- their right to self-governance restored. Then we changed the law and we sumption of responsibility that the Over two centuries ago Edmund changed the rules because we could not Founders expected of those in Govern- Burke reminded members of the Brit- change our habits and broke that ment. Tragically, that presumption is ish House of Commons of a fundamen- agreement. When the Budget Enforce- unwarranted as it relates to the Con- tal principle. Burke said: ‘‘The people ment Act of 1990 went into effect, gress today. I believe, absent their abil- must possess the power of granting again, we found ourselves changing the ity to rely upon the integrity and de- their own money or no shadow of lib- law and the rules because we could not termination of the Congress, they erty can subsist.’’ break our habit. It becomes apparent would gladly have placed in the Con- The truth of the matter is that, if the to me that we need to do more than stitution a framework which would people do not have power over their just have laws and rules, because we have required such responsibility. own purse strings and if we can extend never have been able, in the face of our Mr. President, I send to the desk for our Republic of Government by borrow- bad habit, to maintain our commit- inclusion into the RECORD the letter of ing or stealing from the next genera- ment to the rules or to the laws. We Thomas Jefferson to James Madison, tion, we indeed will have seriously have simply changed the law and bro- written in Paris on September 6, 1789. eroded the liberty which we are enti- ken the rules because we could not I ask unanimous consent that it be tled to in this country. break the habit. printed in the RECORD following my re- We need to safeguard those liberties We need systemic change, something marks. which were first inscribed in the Magna that goes to the very heart of us, that The PRESIDING OFFICER. Without Carta in 1215 preserved by the blood of forbids this insistent expropriation, objection, it is so ordered. patriots on continents around the taking away from the next generation. (See exhibit 1.) world. We must return the power of the It is simply that we need to put into Mr. ASHCROFT. Mr. President, dur- purse to the people. We must stop the Constitution an immutable, un- ing this debate, we have heard fre- stealing from our children. We must changeable document, a kind of capac- quently that there is not a need to stop stealing by deceit. ity to provide the discipline we have amend the Constitution. There is au- Mr. President, the balanced budget lacked and lacked consistently. I think thority, we are told, for Congress to do amendment to the Constitution not we need to summon the discipline to what is right if we simply exercise only has to do with economics and the restrain Government. It is obvious that greater fiscal discipline. No one in this economy, and not only has to do with S1128 CONGRESSIONAL RECORD — SENATE February 7, 1997 prosperity. It is a problem about integ- tive epochs.—But a material difference must tion be obliged to apply the produce of the rity, and it is a challenge relating to be noted between the succession of an indi- earth and of their labour to replace their dis- liberty. And we must embrace it and vidual, and that of a whole generation. Indi- sipations? Not at all. I suppose that the received opinion, that offer it to the people of the United viduals are parts only of a society, subject to the laws of the whole. These laws may appro- the public debts of one generation devolve on States for ratification. priate the portion of land occupied by a dece- the next, has been suggested by our seeing EXHIBIT 1 dent to his creditor rather than to any other, habitually in private life that he who suc- LETTER FROM THOMAS JEFFERSON TO JAMES or to his child on condition he satisfies the ceeds to lands is required to pay the debts of MADISON, PARIS SEPTEMBER 6, 1789 creditor. But when a whole generation, that his ancestor or testator: without considering that this requisition is municipal only, not DEAR SIR: I sit down to write to you with- is, the whole society dies, as in the case we moral; flowing from the will of the society, out knowing by what occasion I shall send have supposed, and another generation or so- which has found it convenient to appropriate my letter. I do it because a subject comes ciety succeeds, this forms a whole, and there lands, become vacant by the death of their into my head which I would wish to develop is no superior who can give their territory to occupant, on the condition of a paiment of a little more than is practicable in the hurry a third society, who may have lent money to their predecessors beyond their faculties of his debts: but that between society and soci- of * * * of making up general dispatches. ety, or generation and generation, there is The question Whether one generation of paying. What is true of a generation all arriving to no municipal obligation, no umpire but the men has a right to bind another, seems never law of nature. We seem not to have perceived to have been started either on this or our self-government on the same day, and dying all on the same day, is true of those in a con- that, by the law of nature, one generation is side of the water. Yet it is a question of such to another as one independant nation to an- consequences as not only to merit decision, stant course of decay and renewal, with this only difference. A generation coming in and other. but place also, among the fundamental prin- The interest of the national debt of France ciples of every government. The course of re- going out entire, as in the first case, would have a right in the 1st. year of their self-do- being in fact but a two thousandth part of flection in which we are immersed here on it’s rent roll, the paiment of it is practicable the elementary principles of society has pre- minion to contract a debt for 33. years, in the 10th. for 24. in the 20th. for 14. in the 30th enough: and so becomes a question merely of sented this question to my mind; and that no honor, or of expediency. But with respect to such obligation can be so transmitted I for 4. whereas generations, changing daily by daily deaths and births, have one constant future debts, would it not be wise and just think very capable of proof.—I set out on for that nation to declare, in the constitu- this ground, which I suppose to be self evi- term, beginning at the date of their con- tract, and ending when a majority of those of tion they are forming, that neither the legis- dent, ‘that the earth belongs in usufruct to the lature, nor the nation itself, can validly con- living’: that the dead have neither powers nor full age at that date shall be dead. The length of that term may be estimated from tract more debt than they may pay within rights over it. The portion occupied by any their own age, or within the term of 19 individual ceases to be his when himself the tables of mortality, corrected by the cir- cumstances of climate, occupation &c. pecu- years? And that all future contracts will be ceases to be, and reverts to the society. If deemed void as to what shall remain unpaid the society has formed no rules for the ap- liar to the country of the contractors. Take, for in stance, the table of M. de Buffon at the end of 19 years from their date? This propriation of it’s lands in severality, it will would put the lenders, and the borrowers be taken by the first occupants. These will wherein he states 23,994 deaths, and the ages at which they happened. Suppose a society in also, on their guard. By reducing too the fac- generally be the wife and children of the ulty of borrowing within it’s natural limits, decendent. If they have formed rules of ap- which 23,994 persons are born every year, and live to the ages stated in this table. The con- it would bridle the spirit of war, to which too propriation, those rules may give it to the free a course has been procured by the inat- wife and children, or to some one of them, or ditions of that society will be as follows 1st. It will consist constantly of 617,703 persons of tention of money-lenders to this law of na- to the legatee of the deceased. So they may ture, that succeeding generations are not re- give it to his creditor. But the child, the leg- all ages. 2ly. Of those living at any one in- stant of time, one half will be dead in 24. sponsible for the preceding. atee, or creditor takes it, not by any natural On similar ground it may be proved that years 8. months. 3dly. 10,675 will arrive every right, but by a law of the society of which no society can make a perpetual constitu- year at the age of 21. years complete. 4ly. It they are members, and to which they are tion, or even a perpetual law. The earth be- will constantly have 348,417 persons of all subject. Then no man can, be natural right, longs always to the living generation. They ages above 21. years. 5ly. And the half of oblige the lands he occupied, or the persons may manage it then, and what proceeds from those of 21. years and upwards living at any who succeed him in that occupation, to the it, as they please, during their usufruct. one instant of time will be dead in 18. years paiment of debts contracted by him. For if They are masters too of their own persons, 8. months, or say 19. years as the nearest in- he could, he might, during his own life, eat and consequently may govern them as they tegral number. Then 19. years is the term be- up the usufruct of the lands for several gen- please. But persons and property make the yond which neither the representatives of a erations to come, and then the lands would sum of the objects of government. The con- nation, nor even the whole nation itself as- belong to the dead, and not to the living, stitution and the laws of their predecessors which would be the reverse of our principle. sembled, can validly extend a debt. To render this conclusion palpable by ex- [are] extinguished then in their natural What is true of every member of the soci- ample, suppose that Louis XIV. and XV. has course with those who gave them being. This ety individually, is true of them all collec- contracted debts in the name of the French could preserve that being till it ceased to be tively, since the rights of the whole can be nation to the amount of 10,000 milliards of itself, and no longer. Every constitution no more than the sum of the rights of the in- livres, and that the whole has been con- then, and every law, naturally expires at the dividuals.—To keep our ideas clear when ap- tracted in Genoa. The interest of this sum end of 19 years. If it be enforced longer, it is plying them to a multitude, let us suppose a would be 500. milliards, which is said to be an act of force, and not of right.—It may be whole generation of men to be born on the the whole rent roll or nett proceeds of the said that the succeeding generation exercis- same day, to attain mature age on the same territory of France. Must the present genera- ing in fact the power of repeal, this leaves day, and to die on the same day, leaving a tion of men have retired from the territory them as free as if the constitution or law had succeeding generation in the moment of at- in which nature produced them, and ceded it been expressly limited to 19 years only. In taining their mature age all together. Let to the Genoese creditors? No. They have the the first place, this objection admits the the ripe age be supposed of 21. years, and same rights over the soil on which they were right, in proposing an equivalent. But the their period of life 34. years more, that being produced, as the preceding generations had. power of repeal is not an equivalent. It the average term given by the bills of mor- They derive these rights not from their pred- might be indeed if every form of government tality to persons who have already attained ecessors, but from nature. They then and were so perfectly contrived that the will of 21. years of age. Each successive generation their soil are by nature clear of the debts of the majority could always be obtained fairly would, in this way, come on, and go off the their predecessors. and without impediment. But this is true of stage at a fixed moment, as individuals do Again suppose Louis XV, and his cotem- no form. The people cannot assemble them- now. Then I say the earth belongs to each of porary generation had said to the money- selves. Their representation is unequal and these generations, during it’s course, fully, lenders of Genoa, give us money that we may vicious. Various checks are opposed to every and in their own right. The 2d. generation re- eat, drink, and be merry in our day; and on legislative proposition. Factions get posses- ceives it clear of the debts and condition you will demand no interest till sion of the public councils. Bribery corrupts incumberances of the 1st. the 3d of the 2d. the end of 19 years you shall then for ever them. Personal interests lead them astray and so on. For if the 1st. could charge it with after receive an annual interest of 125⁄8 per from the general interests of their constitu- a debt, then the earth would belong to the cent.1 The money is lent on these conditions, ents: and other impediments arise so as to dead and not the living generation. Then no is divided among the living, eaten, drank, prove to every practical man that a law of generation can contract debts greater than and squandered. Would the present genera- limited duration is much more manageable may be paid during the course of it’s own ex- than one which needs a repeal. istence. At 21. years of age they may bind This principle that the earth belongs to 1 100£, at a compound interest of 5. per cent, makes themselves and their lands for 34. years to at the end of 19. years, an aggregate of principal and the living, and not to the dead, is of very ex- come: at 22. for 33: at 23. for 32. and at 54. for interest of £252–14, the interest of which is 12£ 12–12s– tensive application and consequences, in one year only; because these are the terms of 7d which is nearly 125⁄8 per cent on the first capital every country, and most especially in life which remain to them at those respec- of 100. £. France. It enters into the resolution of the February 7, 1997 CONGRESSIONAL RECORD — SENATE S1129 questions. Whether the nation may change real test of our ability and our willing- nor met, disbursement of Social Security the descent of lands holden in tail? Whether ness in this Congress to find bipartisan checks could cease or unelected judges could they may change the appropriation of lands consensus on a budget. reduce benefits to comply with this constitu- given antiently to the church, to hospitals, Is bipartisanship truly our goal, or is tional mandate. colleges, orders of chivalry, and otherwise in it merely a PR strategy? The debate That was a letter from the President perpetuity? Whether they may abolish the just last week. charges and privileges attached on lands, in- that begins today will go a long way on both sides of the aisle toward answer- Social Security has never been a day cluding the whole catalogue ecclesiastical late or a dollar short. The amendment and feudal? It goes to hereditary offices, au- ing that question. thorities and jurisdictions; to hereditary or- The plan the President is sending us should not force us to break that his- ders, distinctions and appellations; to per- balances the Federal budget by the toric contract. petual monopolies in commerce, the arts and year 2002 while protecting our prior- This version of the amendment also sciences; with a long train of et ceteras: and ities. It invests in America’s future, places future retirees at risk. The it renders the question of reimbursement a and pays for those investments. heart of the 1983 bipartisan agreement question of generosity and not of right. In all The President’s budget offers tar- that rescued Social Security was a plan these cases, the legislature of the day could geted tax relief for homeowners and to set aside funds for baby boomers’ re- authorize such appropriations and establish- tirement. Because of that plan, Social ments for their own time, but no longer; and families with children; for parents who are struggling to save for their chil- Security is now running huge sur- the present holders, even where they, or pluses. This year alone that surplus is their ancestors, have purchased, are in the dren’s college education, and workers case of bona fide purchasers of what the sell- who are trying to save for their own re- expected to be $78 billion. By the year er had no right to convey. tirement; for companies involved in en- 2002, it is expected to be $104 billion. By Turn this subject in your mind, my dear vironmental cleanup and converting 2019, when many of the baby boomers Sir, and particularly as to the power of con- old industrial sites into new hubs of op- start to retire, the Social Security tracting debts; and develope it with that per- portunity. trust funds will have built up a $3 tril- spicuity and cogent logic so peculiarly The budget provides a strong frame- lion surplus, which will be absolutely yours. Your station in the councils of our work for a bipartisan agreement. It re- necessary to pay the retirees at that country gives you an opportunity of produc- flects 2 years of hard negotiations, and time. ing it to public consideration, of forcing it But, if we pass this version of the into discussion. At first blush it may be ral- contains ideas advocated by both par- lied, as a theoretical speculation: but exam- ties. balanced budget amendment, none of ination will prove it to be solid and salutary. With the requisite sense of purpose those funds will be available to pay the It would furnish matter for a fine preamble and political will, this Congress can Social Security benefits. to our first law for appropriating the public enact a balanced budget that protects This amendment says clearly, ‘‘Total revenue; and it will exclude at the threshold important national priorities this year. outlays for any fiscal year shall not ex- of our new government the contagious and That is my goal, and I am committed ceed total receipts for that year.’’ ruinous errors of this quarter of the globe, to making it happen. Total outlays, including Social Secu- which have armed despots with means, not rity. sanctioned by nature, for binding in chains It does not take a miracle to balance the budget. I know. I helped write a The Government would be forbidden their fellow men. We have already given in not only from running a deficit, but example one effectual check to the Dog of plan last year that balanced the budget war by transferring the power of letting him by the year 2002—and protected Medi- also from drawing down the surplus. loose from the Executive to the Legislative care, education, and the environment. I Social Security benefits could be body, from those who are to spend to those voted for it. And so did a lot of other paid only from taxes raised in the same who are to pay. I should be pleased to see people. year. That means, when the baby this second obstacle held our by us also in The President adopted the plan. And boomers retire, Congress would have to the first instance. No nation can make a dec- the President is submitting a modified raise taxes dramatically, or slash So- laration against the validity of long-con- version of that very plan today. So he cial Security benefits deeply—or both. tracted debts so disinterestedly as we, since In addition, this version of the we do not owe a shilling which may not be knows it does not take a miracle to balance the budget. The President has amendment cheats working families. paid with ease, principal and interest, within American workers are paying more the time of our own lives.—Establish the shown us a blueprint that will allow us in payroll taxes today than is needed principle also in the new law to be passed for to make that a reality. protecting copyrights and new inventions, by It also doesn’t require a constitu- to cover the Social Security checks securing the exclusive right for 19, instead of tional amendment. The President’s that go out. The surplus revenues are 14, years. Besides familiarising us to this budget will balance the budget by the supposed to be set aside to meet their term, it will be an instance the more of our year 2002 without it. future retirement needs. If we pass this taking reason for our guide, instead of Eng- But let me be clear. I support a bal- amendment without exempting Social lish precedent, the habit of which fetters us anced budget amendment. I have since Security, the Government cannot save with all the political heresies of a nation those tax dollars to pay for future So- equally remarkeable for it’s early excite- I was first elected to Congress. I have ment from some errors, and long slumbering voted for amendments in the past. I cial Security needs of the baby under others. have opposed other amendments. And I boomers. Instead, the money will be di- I write you no news, because, when an oc- will support a balanced budget amend- verted to other Government programs, casion occurs, I shall write a separate letter ment again this year. to everything from highways to sala- for that, I am always with great & sincere But it has to be the right amend- ries of Members of Congress. esteem, dear Sir Your affectionate friend & ment. There is a difference between More than half of American tax- servt. supporting a responsible amendment payers, 58 percent, pay more in Social Mr. ASHCROFT. Mr. President, I and supporting any balanced budget Security taxes than they do in income note the absence of a quorum. amendment. tax. These taxes place a disproportion- The PRESIDING OFFICER. The Senator DORGAN and I and others are ately heavy burden on low and mod- clerk will call the roll. cosponsoring an amendment that re- erate-income families. It is justifiable The legislative clerk proceeded to quires Congress to pass a balanced to levy these taxes if they are truly set call the roll. budget without looting the Social Se- aside for Social Security, but it is inex- Mr. DASCHLE. Mr. President, I ask curity trust funds. cusable if they are used to pay for gen- unanimous consent that the order for The version of the amendment now eral Government operations. The Con- the quorum call be rescinded. before the Senate contains no such pro- gress should not enshrine this abuse of The PRESIDING OFFICER. Without tection. the payroll tax in the U.S. Constitu- objection, it is so ordered. It places current retirees in the most tion. Mr. DASCHLE. Mr. President, today immediate danger. Let me read a letter The amendment that is before the we begin the debate about the budget from the President that I received just Senate contains another flaw that I resolution. As everyone knows, yester- last week. In that letter the President will seek to change. It would limit in day the President sent to Congress his states: perpetuity how Congress can treat cap- plan for a balanced budget. The way we In the event of an impasse in which the ital investments in our future eco- receive that budget will be the first budget requirements can neither be waived nomic growth. If this amendment S1130 CONGRESSIONAL RECORD — SENATE February 7, 1997 passes, any proposal to create a capital cept the fact that we can improve on it Residents of the northern Great budget would be declared unconstitu- at some point in the future. Plains are accustomed to harsh win- tional. A capital budget would allow us I hope no one in this entire debate ters. But all would agree, this winter to differentiate between investments will ever come to the floor and say this has been especially brutal. Some say it and operating costs like every single bill is not perfect, this amendment to is the worst we have seen this century. State in the country. the U.S. Constitution may not be per- I remind you that most of this century If we were to ask any Governor fect, because we do not have the luxury has already passed. today, do you have a capital budget, of coming back and amending it. We do In the blizzards that descended upon the answer is ‘‘yes.’’ If we would ask not have the luxury of altering it once us in January, wind chill temperatures any Governor today, if you had to work it becomes part of the U.S. Constitu- dropped to nearly 90 degrees below under the same accounting devices tion. We tried that once before with zero. Blowing snow covered roads with that we do at the Federal level, a uni- prohibition, and it took another con- drifts that were as high as 30 feet and fied budget, would you have a balanced stitutional amendment to undo the 60 feet long. Visibility dropped to less budget, chances are in every single damage we did the first time. than a few feet as 60-mile-an-hour case the answer would be, ‘‘no, we So let us not in any way, shape or winds whipped snow into swirling would have a deficit.’’ We would have a form be content to satisfy our need to white walls, hiding everyone and every- large deficit, billions of dollars of defi- pass an amendment and then say we thing before it. cit. Why? Because for many, many are willing to accept something that is With roads closed, thousands of years, in some cases from the very be- imperfect. We have imperfections in South Dakotans were left with only ginning of a State’s history, they have this amendment that have to be dealt the food in their cupboards and a dwin- known the importance of differentiat- with. There is absolutely no reason to dling supply of propane to heat their ing between capital investments and pay for deficit spending with Social Se- homes. Even more seriously, travelers operating costs, knowing that you do curity trust funds. There is no reason were left stranded on the highways, not treat an investment long term like to constitutionally preclude us from and many of our elderly residents and you do somebody’s lunch. dealing directly with the real need to those in need of medical attention were I think it is very important for this pass a capital budgeting system at cut off from any assistance. country to differentiate in that regard some point in the future. I wish I could say that we survived at some point in the future as well. So let us be honest. Let us recognize these dangers unharmed, but I cannot. And for us at this date, regardless of that this amendment is not perfect; it Five people have died directly as a re- how one feels about a capital budget, needs to be changed; it needs to be sult of these conditions. Others have to say that from here on out we are amended in a constructive way; it died in the aftermath of the repeated going to make it unconstitutional for needs to take into account our future; ice storms and blizzards. While today this country to even consider budget- it needs to recognize that we have to be we honor the heroes of these difficult truthful with the American people; and ing the way we do in business, the way times, we must also remember the vic- it needs at long last to be dealt with in we do in families, the way we do in tims. To those who lost loved ones this a bipartisan way, with Republicans and States, in my view is extraordinarily winter, I want to say that our thoughts Democrats working together to fashion dangerous to this country’s economic and our prayers are with you. an amendment that makes sense not health and well-being. Our hearts also go out to those whose How many times have we heard on only for us but for all posterity. farms and homes and businesses have Mr. President, I yield the floor and this Senate floor the following phrase: been so hard hit by the heavy snow and note the absence of a quorum. this Government ought to budget its The PRESIDING OFFICER (Mr. cold. No one can know for sure how expenditures the way a family does. We ENZI). The clerk will call the roll. many livestock have died, but esti- ought to treat our budget the way The legislative clerk proceeded to mates range at least as high as 40,000. every single family treats its budget. call the roll. I urge all of those who have suffered Mr. President, there are not many Mr. DASCHLE. Mr. President, I ask loss not to go through this tragedy families I know of that pay off their unanimous consent that the order for alone. There is no shame in asking for mortgage in 1 year. How many families the quorum call be rescinded. help. today say that they have a balanced The PRESIDING OFFICER (Mr. Despite our losses, the heavy toll of budget, taking into account the mort- HAGEL). Without objection, it is so or- this winter could be much worse. Many gage that they themselves must pay? dered. might have died, but did not. Many Few families today would have the f might have gone without heat and food ability to pay off a mortgage in 1 year. and medicine, but were brought needed But we are asking the Federal Govern- PEOPLE HELPING PEOPLE—STO- supplies just in time. This is due not to ment to pay off every one of its mort- RIES FROM THE WINTER OF 1996– luck but to the simple fact that South gages in each year, to treat a mortgage 97 Dakotans from every walk of life have the same way we treat a bill for the Mr. DASCHLE. Mr. President, one of pitched in to ensure that we get lights which run this building. the great fears of our time has been through this winter as safely as we can There is a big difference, and I think that America is slowly losing its sense and together. the time has come for this country to of community and, with it, the idea No one can list the thousands of peo- have a capital budget. Regardless, as I that each of us has a responsibility to- ple who put themselves at risk to help say, the real question is, should we ward one another. Today, I am proud to the victims of these storms, and no one have an accounting system like fami- say that all around America our spirit can tell all of their stories. Indeed, the lies, like businesses, like States? I hope of community remains strong. As you few I want to relate today only scratch the answer is ‘‘yes,’’ someday, and I know, the Great Plains have been para- the surface of those that might be told. hope we will have the foresight, regard- lyzed this winter by terrible blizzards, Time and again across South Dakota, less of what we may think of a budget- high winds, and subzero temperatures. neighbor has checked on neighbor, and ing system of that kind, to at least say But thanks to the efforts of individuals families have taken in stranded travel- that the Senate has the right to con- all over the country, I am happy to re- ers in need of assistance. Emergency sider a capital budget at some point in port this afternoon that we are pulling snowmobile crews have teamed up with the future. To make it expressly un- through. local police departments to ensure that constitutional, in my view, is extraor- I am proud to say that during the doctors and nurses have made it to dinary. worst of the bitter cold and howling work over snow-clogged roads. I ask all of my colleagues to think winds, South Dakotans have been at In fact, just last night my parents very carefully about the amendment their best. They have bundled up, put told me of a cousin of mine who left his we write. I have also heard so often on their boots and trudged outside to home at 3 o’clock in the morning, on a Senators come to the floor and say this help their friends and neighbors—even Saturday morning, to drive 300 miles to bill is not perfect; this amendment is perfect strangers—make it safely buy a new snow blower he was going to not the best we can do, but let us ac- through dangerous storms. use in the community. He brought it February 7, 1997 CONGRESSIONAL RECORD — SENATE S1131 back that morning, and his wife told ervation, who during the height of the the water to go. We need to ensure that my parents that it was the single big- January blizzards led convoys of snow- prompt Federal assistance is made gest event that has occurred in that plows, ambulances, and four-wheel- available when this flooding occurs. area in decades. drive vehicles to ensure that medical These are difficult challenges to be They have delivered medicine to the attention was received where it was sure, but together I am absolutely con- homebound and brought spare parts to needed. In dangerous conditions, the vinced that we will overcome them. We farmers in need of aid. During the Rescue Rangers plowed through 30-foot always do. darkest, coldest parts of the blizzard drifts packed harder than adobe by 80- Finally, I want to thank everyone that have torn through our State, they mile-an-hour winds. Creating an even whose help has been so vital to South have risked their lives to rescue greater challenge were the vast dis- Dakota. This has been more than an in- stranded motorists and brought life- tances that had to be traveled to reach dividual or a State effort. America has saving medical attention to those in those in need. pulled together. Our neighbors to the need. At one point this month, seven Res- south, north, west and to the east have One of those teams was the Drift cue Rangers nearly froze after becom- all helped and sent something— Busters. The Drift Busters is a snow- ing stranded on an 85-mile trip to pro- snowblowers, snowplows, teams of res- mobile club in Aberdeen, my home- vide medical attention to a tribal cue workers. For hours upon end, work- town, which went into action shortly elder. ers and snowplows donated from States after the onset of our most recent bliz- A truly heart-wrenching story was as far away as Texas have labored zard. Their quick action and bravery related to me by Gregg Bourland, alongside our National Guard to keep were instrumental in saving the resi- chairman of the Cheyenne River Res- the roads clear. dents of Aberdeen from serious harm. ervation, who told me of two families During the worst of the storms, when One of the most threatening situa- stranded in a snow-blocked pass on the Pine Ridge Indian Reservation was tions occurred when 2-year-old Stetson highway 63. After 14 hours, frostbitten cut off from the outside world, 25,000 Heirigs accidentally ingested poison and certain that rescue would come too pounds of food were donated by Feed and needed emergency care in a hos- late, the parents placed tags with vital the Children, based in Oklahoma City, pital. After a quick conference call information on each of their children and delivered to Pine Ridge by the 28th with Stetson’s family and the poison so they might be identified after they Transportation Squadron of Ellsworth control center, club president Duane had died. Thankfully, the Rescue Rang- Air Force Base. Together they worked Sutton drove his snowmobile over 7 ers arrived in time. to ensure that no one would go without miles through darkness, blowing snow, Luckily, not all of the stories of this food. Indeed, help has poured into and bitter cold to reach the family’s winter are as terrible as that. For in- South Dakota from around the coun- home near Richmond Lake. Then, with stance, I was touched to learn of the try. Even as we speak, Federal Emer- the aid of a comember, Dennis Beckler, Bredvik family, who opened their home he ensured that the boy reached the gency Management Agency teams are to stranded motorists along I–29 near fanning out over South Dakota to as- hospital safely and received the treat- the North Dakota border. While Lynn ment he needed just in time. Today sess the damage and bring help where Bredvik picked up the travelers one by it is needed. Thanks to the rapid re- Stetson is safe and healthy. one in his snowmobile and brought Extraordinary bravery has been a sponse of President Clinton, public and them home, his mother Dorothy fact of life throughout the course of private agencies too numerous to men- opened up her kitchen and provided this winter. We have all heard the re- tion, and the support of our friends and markable story of Karen Nelson, a each with a hearty breakfast of eggs, neighbors all over, I am proud to an- nursing home aide from Webster who sausage, bread, and, in South Dakota, nounce to my colleagues this afternoon was stranded for over 40 hours in her lefse. When asked why she would open that we are pulling through. pickup after becoming disoriented on her home to over a dozen strangers, So thank you, South Dakota, and the roads she has driven her entire life. Dorothy said it was ‘‘old hat’’ to her. It thank you America. We are proud of With her engine running for heat and is what families do during blizzards. you. All of your stories will never be I think Dorothy has summed it up for her cellular phone her only link to the known but you can be sure that they world, Karen waited through the hours all of us. Her actions might seem ex- are alive in the hearts of those of us of darkness, crying and praying, as a traordinary to someone else, but for whom you have helped when we needed team from around the State assembled people like her they are old hat. We it the most. to find her. like to think of our State as the big- I yield the floor and I suggest the ab- From Rapid City came aircraft gest small town in America, where ev- sence of a quorum. equipped with special heat-seeking sen- eryone is a member of the same com- The PRESIDING OFFICER. The sors to scour the drifts from the sky. munity. We understand you cannot clerk will call the roll. From Watertown came experts in com- make it through this world alone and The bill clerk proceeded to call the munications to triangulate the signal that we have a responsibility to help roll. from Karen’s phone and narrow down each other whenever or wherever we Mr. DEWINE. Mr. President, I ask her location. Meanwhile, Day County can. unanimous consent that the order for rescue teams in snowmobiles and four- We will need to continue to do that the quorum call be rescinded. wheel-drive vehicles combed the roads because this winter is not over. Weath- The PRESIDING OFFICER. Without for any sign of her car. At last she was er reports from South Dakota continue objection, it is so ordered. found when she told the rescue team to tell us of minus-50 degree windchills. f We have received nearly 10 inches of over her phone that she heard the STOKES COURTHOUSE sound of engines overhead. I cannot new snow in the past couple of days, adequately express how proud we are of and there are over 2 more months of Mr. DEWINE. Mr. President, I intro- all the outstanding people that made snow to come. We need to make sure duced yesterday legislation to honor Karen’s rescue possible, and of Karen that the farmers and ranchers dev- the late Carl Stokes. for her bravery in enduring those long, astated by their livestock losses can Carl Stokes was born on the east side cold hours before the rescuers arrived. get the help they need and that low-in- of Cleveland in 1927. He lost his father Many of the dangerous circumstances come families can keep their homes at the age of 2. When he was young, his of this winter have been found on heated during this freezing weather. family was so poor that Carl, his moth- South Dakota’s Indian reservations. We must prepare ourselves for the in- er, and his brother LOUIS—now our dis- Blasted by blizzard after blizzard and evitable floods of spring. When the tinguished colleague in the House of woefully short of money and equip- great drifts that currently cover my Representatives—had to sleep in the ment, tribal workers have acted coura- State begin to melt, they will release same bed. geously throughout this difficult sea- their force on areas that have been de- In 1962, Carl Stokes was elected to son. clared Federal flood disasters in the the Ohio House of Representatives—the Of particular note are the Rescue last 4 of 5 years. Simply put, come first African-American to serve as a Rangers of the Cheyenne River Res- spring there will be nowhere left for Democrat in our State legislature. S1132 CONGRESSIONAL RECORD — SENATE February 7, 1997 In 1967, he was elected mayor of tive to the Organization of American report entitled ‘‘Drinking Water Infrastruc- Cleveland—the first African-American States, and Deputy Chief of Mission in ture Needs Survey’’; to the Committee on ever to be elected mayor of a major the United States Embassy in Panama. Environment and Public Works. EC–1012. A communication from the Na- U.S. city. Mr. President, this is a man whose tional Director, Tax Forms and Publications He served two terms as mayor, and in hands-on experience with Latin Amer- Division, Internal Revenue Service, Depart- his second term, he became the first ica will serve us very well. It has ment of the Treasury, transmitting, pursu- African-American to serve as an officer served us in the past and will continue ant to law, the report of Revenue Procedure of the National League of Cities. to serve us. Mr. President, the Ambas- 97–11; to the Committee on Finance. Carl Stokes later became a television sador will be an outstanding Ambas- EC–1013. A communication from the Lieu- news anchor in New York City, and a sador to Venezuela, and I urge that his tenant General, USA Director, Defense Secu- municipal judge in Cleveland. In 1994, nomination be confirmed. rity Assistance Agency, transmitting, pursu- President Clinton named him United ant to law, the report on status of loans and Mr. President, I suggest the absence guarantees under the Arms Export Control States Ambassador to the Seychelles. of a quorum. Act; to the Committee on Foreign Relations. The Honorable Carl Stokes had a The PRESIDING OFFICER. The EC–1014. A communication from the Lieu- long and distinguished career before clerk will call the roll. tenant General, USA Director, Defense Secu- his untimely passing in April of last The bill clerk proceeded to call the rity Assistance Agency, transmitting, pursu- year. In his eulogy for Mayor Stokes, roll. ant to law, the report on foreign military the Reverend Jesse Jackson called him Mr. DEWINE. Mr. President, I ask sales under the Arms Export Control Act; to ‘‘a dream maker and an odds buster.’’ unanimous consent that the order for the Committee on Foreign Relations. That’s exactly right. Carl Stokes was EC–1015. A communication from the Com- the quorum call be rescinded. missioner of the Immigration and Natu- a man who made a difference. The peo- The PRESIDING OFFICER. Without ralization Service, Department of Justice, ple of Ohio will always remember him objection, it is so ordered. transmitting, pursuant to law, the report of as a man of great courage and personal f a rule entitled ‘‘Exceptions to the Edu- character. cational Requirements for Naturalization for For this reason, I am introducing leg- MORNING BUSINESS Certain Applicants,’’ received on February 3, islation today to name the new Federal Mr. DEWINE. Mr. President, I ask 1997; to the Committee on the Judiciary. courthouse in Cleveland after this EC–1016. A communication from the Com- unanimous consent that there now be a missioner of the Immigration and Natu- truly honorable man. period for the transaction of morning ralization Service, Department of Justice, f business with Senators permitted to transmitting, pursuant to law, the report of NOMINATION OF JOHN F. MAISTO, speak therein for up to 5 minutes each. a rule entitled ‘‘Priority Dates for Employ- TO BE UNITED STATES AMBAS- The PRESIDING OFFICER. Without ment-Based Petitions,’’ (RIN1115–AE24) re- ceived on February 3, 1997; to the Committee SADOR TO THE REPUBLIC OF objection, it is so ordered. f on the Judiciary. VENEZUELA EC–1017. A communication from the Copy- Mr. DEWINE. Mr. President, today I THE VERY BAD DEBT BOXSCORE right Office of the Library of Congress, transmitting, pursuant to law, the report offer my support to the President’s Mr. HELMS. Mr. President, at the nomination of the Honorable John F. under the Freedom of Information Act for close of business yesterday, Thursday, calendar year 1996; to the Committee on the Maisto to serve as United States Am- February 6, the Federal debt stood at Judiciary. bassador to the Republic of Venezuela. $5,302,957,481,388.92. EC–1018. A communication from the Sec- Mr. President, it has been my pleasure One year ago, February 6, 1996, the retary of Health and Human Services, trans- to know Ambassador Maisto and I have Federal debt stood at $4,987,289,000,000. mitting, pursuant to law, a report under the known him as the United States Am- Five years ago, February 6, 1992, the Low-Income Home Energy Assistance Act; to the Committee on Labor and Human Re- bassador to Nicaragua. He has served Federal debt stood at $3,801,444,000,000. with great distinction as our United sources. Ten years ago, February 6, 1987, the EC–1019. A communication from the Assist- States Ambassador to Nicaragua for Federal debt stood at $2,232,746,000,000 ant General Counsel for Regulations, Depart- the last 4 years, helping that country which reflects a debt increase of more ment of Education, transmitting, pursuant make its very historic transition to than $3 trillion ($3,074,337,787,977.17) to law, the report of a rule relative to full democracy. during the past 10 years. projects with industry, (RIN1820–AB13) re- ceived on January 31, 1997; to the Committee In fact, Mr. President, I had occasion f to be in Nicaragua this past November, on Labor and Human Resources. and it just happened to be the week EXECUTIVE AND OTHER EC–1020. A communication from the Assist- that the Ambassador and his wife were COMMUNICATIONS ant General Counsel for Regulations, Depart- ment of Education, transmitting, pursuant leaving after 4 years. I had the oppor- The following communications were to law, the report of a rule relative to dis- tunity to talk to Nicaraguans clear laid before the Senate, together with ability and rehabilitation research projects, across the political spectrum. I had the accompanying papers, reports, and doc- (RIN1820–AB38) received on February 3, 1997; opportunity to talk to Nicaraguans uments, which were referred as indi- to the Committee on Labor and Human Re- with all kinds of background, Nica- cated: sources. f raguans who had many different politi- EC–1008. A communication from the Assist- cal beliefs. But I found that it was ant Secretary for Land and Minerals Man- INTRODUCTION OF BILLS AND unanimous that our Ambassador had agement, Department of the Interior, trans- JOINT RESOLUTIONS done a fantastic job—a fantastic job of mitting, pursuant to law, the report under representing our country in a time in the Outer Continental Shelf Lands Act; to The following bills and joint resolu- Nicaragua’s history that was crucial the Committee on Energy and Natural Re- tions were introduced, read the first for not only democracy to continue to sources. and second time by unanimous con- develop in Nicaragua, but also crucial EC–1009. A communication from the Dep- sent, and referred as indicated: uty Assistant Secretary for Water and for our continuing relationship with By Mr. AKAKA (for himself, Mr. FRIST, Science, Department of the Interior, trans- and Mr. INOUYE): this country, which we have had such a mitting, pursuant to law, the interim report long relationship with in the past. S. 291. A bill to provide for the manage- on the High Plain States Groundwater Dem- ment of the airspace over units of the Na- It was very clear to me, after talking onstration Program for October 1996; to the tional Park System, and for other purposes; to the many Nicaraguans that I saw, Committee on Energy and Natural Re- to the Committee on Commerce, Science, that our Ambassador was very well re- sources. and Transportation. EC–1010. A communication from the Presi- spected and that he had represented us f exceedingly well. dent of the United States, transmitting, pur- Mr. President, before his posting to suant to law, Presidential Determination 96– SUBMISSION OF CONCURRENT AND 54; to the Committee on Environment and SENATE RESOLUTIONS Managua, Ambassador Maisto had Public Works. served as Deputy Assistant Secretary EC–1011. A communication from the Ad- The following concurrent resolutions of State for Inter-American Affairs. He ministrator of the Environmental Protection and Senate resolutions were read, and also served as Deputy U.S. Representa- Agency, transmitting, pursuant to law, the referred (or acted upon), as indicated: February 7, 1997 CONGRESSIONAL RECORD — SENATE S1133 By Mrs. FEINSTEIN (for herself, Mr. tour activity has also been developing a comprehensive, national rule govern- WARNER, Mr. BURNS, Mr. ROBB, Mrs. in such widely dispersed locations as ing air tour flights at all national MURRAY, and Mrs. BOXER): Glacier National Park in Montana, the parks. Work on the national rule is in S. Res. 51. A resolution to express the sense Utah national parks, Mount Rushmore the preliminary stages. of the Senate regarding the outstanding While these developments have been achievements of NetDay; to the Committee in South Dakota, and the Statue of on Labor and Human Resources. Liberty and Niagara Falls in New welcome, it is fair to say that overall By Mr. DODD: York. In fact, at Great Smoky Moun- progress on the overflights issue has S. Con. Res. 6. A concurrent resolution ex- tains National Park, commercial air been desultory. For every Grand Can- pressing concern for the continued deteriora- tour overflights have fostered such op- yon or Rocky Mountain, there are doz- tion of human rights in Afghanistan and em- position that the State of Tennessee ens of parks whose overflights prob- phasizing the need for a peaceful political has passed legislation to restrict such lems remain completely unaddressed. settlement in that country; to the Commit- flights. In this regard, problems and delays as- tee on Foreign Relations. In 1987, precipitated by a midair col- sociated with the development of a na- f lision at the Grand Canyon, Congress tional rule have been particularly dis- appointing. Reportedly, the FAA and STATEMENTS ON INTRODUCED adopted the National Parks Overflights Park Service continue to squabble over BILLS AND JOINT RESOLUTIONS Act, Public Law 100–91. The act perma- nently banned below-the-rim flights at matters of jurisdiction, and air tour By Mr. AKAKA (for himself, Mr. the Grand Canyon and led to a Special operators and environmental organiza- FRIST, and Mr. INOUYE): Federal Aviation Regulation—SFAR tions continue to prefer confrontation S. 291. A bill to provide for the man- 50–2—establishing flight-free zones and to accommodation. In the meantime, agement of the airspace over units of air corridors at the park. The act also air tour-generated problems continue the National Park System, and for established temporary altitude restric- to accrete, exacerbating the environ- other purposes; to the Committee on tions for Yosemite National Park in mental and safety consequences of Commerce, Science, and Transpor- California and Haleakala National park overflights. This experience has tation. Park in Hawaii. Finally, Public Law shown us that only Congress, through legislation, can produce lasting, effec- THE NATIONAL PARKS AIRSPACE MANAGEMENT 100–91 mandated that the Park Service ACT OF 1997 tive policy on this matter. conduct a study on the impact of low- Mr. President, when all is said and Mr. AKAKA. Mr. President, in behalf level flights on units of the National of myself, Senator FRIST, and Senator done, the simple truth is that the com- Park System. plex problems associated with park INOUYE, I am today introducing the Na- Since passage of the National Parks overflights cannot be fully resolved ad- tional Parks Airspace Management Act Overflights Act, a number of important ministratively. In my opinion, this of 1997, a bill designed to mitigate the developments have occurred. First, in state of affairs is largely due to the impact of commercial air tour flights 1993 a Department of Transportation fact that the FAA and the Park Serv- over units of the National Park Sys- and Department of the Interior inter- ice, the two agencies with the heaviest tem. The measure would establish a agency working group was established responsibility for addressing park over- new, statutory framework for minimiz- to address park overflight issues of mu- flights, are governed by vastly dif- ing the environmental effects of air tual concern, an acknowledgment by ferent statutory mandates. On the one tour activity on park units. This meas- the executive branch that the issue re- hand, the FAA is responsible for the ure is similar to legislation I offered in quired extensive interagency coopera- safety and efficiency of air commerce; the last two Congresses. tion, but also a reflection of the deep on the other, the Park Service is Briefly, our bill would specify the re- differences in approach and attitude charged with protecting and preserving spective authorities of the National that existed between the National Park park resources. These mutually exclu- Park Service and the Federal Aviation Service and the FAA on this conten- sive missions have bred different ap- Administration [FAA] in developing tious matter. and enforcing park overflight policy; In 1994, the overflights report man- proaches, attitudes, and institutional establish a process for developing indi- dated by Public Law 100–91 was com- cultures that have hindered inter- vidualized airspace management plans pleted, identifying and documenting agency cooperation and development of at parks experiencing significant com- low-altitude flights as threats to park a consistent, effective park overflights mercial air tour activity; provide for resources and recommending a variety policy. Only by modifying or clarifying the designation of those parks which of means to address these threats, such their statutory responsibilities with re- did not experience commercial air tour as incentives to encourage use of quite spect to the management of park air- activity as of January 1, 1997, as flight- aircraft technology, flight-free zones space can the two Federal agencies be free parks; establish a new, single and flight corridors, altitude restric- expected to work together consistently standard governing the certification tions, noise budgets, and limits on and systematically to address the over- and operation of all commercial air times of air tour operations. Also in flight problem. Mr. President, the legislation we are tour operators that conduct flights 1994, in response to a pair of helicopter proposing today would address this and over national parks; require a variety crashes in the Pacific, the FAA issued other barriers to the development of a of safety measures, such as improved an emergency flight rule—SFAR 71— comprehensive park overflights policy. aircraft markings, maintenance of ac- imposing certain altitude and other op- Our bill deals with the commercial air curate aeronautical charts, installa- erating restrictions on air tour opera- tour overflights issue in a national tion of flight monitoring equipment, tors in Hawaii. context, since the safety and environ- and an air tour data base; and, estab- More recently, last spring, the Presi- mental concerns which are being de- lish a National Park Overflight Advi- dent issued an executive memorandum bated so vociferously at the Grand Can- sory Council. directing agency heads to participate yon and in Hawaii are being echoed at Mr. President, aircraft overflights of in the effort to protect natural quite in park units scattered throughout the noise-sensitive areas such as national National Park System units. The National Park System. parks have been increasing in scope memorandum led to the final rule for At the outset, our bill establishes a and intensity for a number of years, the Grand Canyon, issued in December finding that National Park Service pol- sparking significant public debate and 1996, providing for additional, delin- icy recognizes the importance of natu- controversy about the safety and envi- eated restrictions on air tour activity ral quiet as a resource to be conserved ronmental impact of such activity. The at the park. The memorandum also led and protected in certain park units. focus of much of the debate, and much to a new rule promulgated earlier this Toward that end, our legislation cre- of the controversy, has been the com- year to ban preemptively, for 2 years or ates a new statutory framework for mercial air tour sightseeing industry, until a national rule is developed, minimizing the environmental effects which has experienced explosive flights at Rocky Mountain National of air tour activity on units through- growth in some areas, notably at the Park. Finally, as a result of the Presi- out the National Park System. Grand Canyon and in my own State of dent’s memorandum, the FAA and the The bill articulates a regulatory Hawaii. But significant commercial air Park Service were required to develop scheme under which the Park Service S1134 CONGRESSIONAL RECORD — SENATE February 7, 1997 and the FAA are required to work in Park System units. Furthermore, rec- (3) A significant number of complaints tandem to develop operational policies ognizing the special needs for air travel about commercial air tour flights over cer- with respect to the overflights prob- in Alaska, this bill will not affect the tain areas under the jurisdiction of the Na- tional Park Service have been registered. lem. It provides for joint administra- management of park units or aircraft (4) Although resource preservation is the tion in many areas while clearly denot- operations over or within park units in primary responsibility of the National Park ing the FAA’s primary on matters re- the State of Alaska. Service, the agency continues to struggle to lated to safety and air efficiency and Mr. President, I believe that the leg- develop a policy that would achieve an ac- the Park Service’s lead role in identi- islation we are offering today will give ceptable balance between flights over units fying the resources to be protected and us the tools to minimize the adverse ef- by commercial air tour operators and the the best means of protecting them. fects of commercial air tour flights on protection of resources in the units and the The bill requires the development, park resources as well as on the ground experiences of visitors to the units. (5) Although the mission of the Federal with public involvement, of individ- visitor experience, while at the same Aviation Administration is to develop and ually tailored park airspace manage- time enhancing the safety of such maintain a safe and efficient system of air ment plans for units significantly af- flights. I believe it is a balanced meas- transportation while considering the impact fected by overflight activity, as deter- ure that, through extensive oppor- of aircraft noise, the agency continues to mined by the Director of the Park tunity for public involvement, at- have difficulty adequately controlling com- Service. It calls for good faith negotia- tempts to accommodate the legitimate mercial air tour flights over units. tions between commercial air tour op- concerns of all park users, including (6) Significant and continuing concerns exist regarding the safety of commercial air erators and both the Park Service and air tour operators and passengers. In- tour flights over some units, including con- the FAA to reach agreement on flights deed, I strongly believe that under cer- cerns for the safety of occupants of the over park areas. tain well-regulated conditions, air flights, visitors to those units, Federal em- It provides for the Park Service to tourism provides an important service ployees at those units, and the general pub- recommend to the FAA the designation to many elderly, disabled, or other visi- lic. of individual units as ‘‘flight-free tors who might otherwise never enjoy (7) The concern of the Congress over the ef- parks’’ for those units which, as of Jan- the wonders of our national parks. fects of low-level flights on units led to the uary 1, 1997, experienced no overflights Nevertheless, our bill’s central enactment, on August 18, 1987, of the Act en- titled ‘‘An Act to require the Secretary of by commercial air tour operators and premise is that the 369 park units of the Interior to conduct a study to determine where air tour flights would be incom- the National Park System were created the appropriate minimum altitude for air- patible with or injurious to the pur- because of their exceptional natural or craft flying over national park system poses or values of those parks. cultural significance to the American units’’ (Public Law 100–91; 101 Stat. 674; 16 It also mandates the development by people. All of the provisions of the Na- U.S.C. 1a–1 note). the FAA of a generic operational rule tional Parks Airspace Management Act (8) The Act referred to in paragraph (7) re- for commercial air tour operations at are therefore designed with the protec- quires the Director of the National Park all units of the National Park System, Service to identify problems associated with tion of park resources as their essen- flights by aircraft in the airspace over units. subject to modification at individual tial, if not exclusive, goal. For it is (9) Pursuant to the Act referred to in para- park units based on negotiations self-evident that a park whose values graph (7), on September 12, 1994, the Director among air tour operators, the FAA, have been corrupted is a park ulti- submitted a report to Congress entitled ‘‘Re- and the Park Service. mately not worth visiting, by air or port On Effects Of Aircraft Overflights On Our legislation requires the FAA to land. The National Park System’’. implement a single standard, through a Mr. President, in closing, I would (10) The National Park Service report con- new subpart of part 135, title 14, Code like to acknowledge the fact that the cluded that, because the details of national of Federal Regulations, for certifying park overflights problems are park-specific, senior Senator from Arizona [Mr. no single altitude can be identified for the commercial air tour operators. Such a MCCAIN] earlier this week introduced entire National Park System. uniform standard, which has been rec- related legislation on park overflights. (11) The National Park Service report pre- ommended by the National Transpor- While his bill differs from ours in some sented a number of recommendations for res- tation Safety Board [NTSB], will sub- details, the intent of both measures is olution of the problem of national park over- stantially enhance safety by providing the same—to mitigate the adverse ef- flights, including— essential consistency in such areas as fects of air tours flights on our na- (A) the development of airspace and park pilot qualifications, training, and use resolution processes; tional parks. Given our common goal, I (B) the development of a single operational flight and duty time limitations. hope that we can work together in rule to regulate air tour operations; It mandates commercial air tour crafting an effective, bipartisan ap- (C) seeking continued improvements in safety initiatives recommended by the proach to this troubling and divisive safety and interagency planning related to NTSB and others, including the instal- issue. airspace management; and lation of a flight monitoring system Thank you, Mr. President. I urge my (D) the development of a Federal Aviation and the use of identification markings colleagues to support the National Administration rule to facilitate preserva- tion of natural quiet. unique to a commercial air tour opera- Parks Airspace Management Act of tor, the development of aeronautical (12) The policy of the National Park Serv- 1997. I ask unanimous consent that a ice recognizes the importance of natural charts which reflect airspace manage- copy of the bill be printed in the quiet as a resource to be conserved and pro- ment provisions with respect to indi- RECORD. tected in certain units. vidual park units, and the development There being no objection, the bill was (13) The National Park Service— of a national database on air tour oper- ordered to be printed in the RECORD, as (A) defines natural quiet as ‘‘the natural ations. follows: ambient sound conditions found in certain units of the National Park Service’’; and Last, but by no means least, the bill S. 291 (B) recognizes that visitors to certain units establishes a National Park Overflight Be it enacted by the Senate and House of Rep- Advisory Council which would provide may reasonably expect quiet during their resentatives of the United States of America in visits to those units established with the advice and recommendations to the Congress assembled, specific goal of providing visitors with an op- Park Service and the FAA on all issues SECTION 1. SHORT TITLE. portunity for solitude. related to commercial air tour flights This Act may be cited as the ‘‘National (14) The number of flights by aircraft over over park units and serve as a national Parks Airspace Management Act of 1997’’. units has increased rapidly since the date of forum for interest groups, including SEC. 2. FINDINGS. enactment of the Act referred to in para- representatives of the air tour industry Congress makes the following findings: graph (7) and, due to the high degree of satis- and the environmental community, to (1) Commercial air tour flights over units faction expressed by air tour passengers, as exchange views constructively. of the National Park System (referred to in well as the economic impact of air tour oper- It is significant to note that our bill this Act as ‘‘units’’) may have adverse ef- ations on the tourist industry, the number of fects on the units. flights will likely continue to increase. will not affect emergency flight oper- (2) The flights may degrade the experiences (15) A progression of aesthetic and safety ations, general aviation, military avia- of visitors to the affected areas and may concerns about low altitude flights have tion, or scheduled commercial pas- have adverse effects on wildlife and cultural been associated with growth in commercial senger flights that transit National resources in those areas. air tour traffic. February 7, 1997 CONGRESSIONAL RECORD — SENATE S1135 (16) As the number of flights over units tiated rulemaking procedures as specified tice and hearing on the record, shall issue a continues to increase, the likelihood exists under subchapter III of chapter 5 of title 5, regulation governing the operation of all air that there will be a concomitant increase in United States Code, if the Director and the tour aircraft flights by commercial air tour the number of conflicts regarding manage- Administrator determine that the utilization operators over units. ment of the airspace over the units. of those procedures is in the public interest. (b) SEPARATE OPERATIONAL RULES.— (17) A need exists for a Federal policy to (d) COMMENT ON PLANS.—In developing a (1) IN GENERAL.—The Administrator may address the conflicts and problems associ- plan for a unit, the Director and the Admin- issue regulations that prescribe separate ated with flights by commercial air tour air- istrator shall— operational rules governing the conduct of craft in the airspace over units. (1) ensure that there is sufficient oppor- flights by fixed-wing aircraft and by rotor- (18) A statutory process should be estab- tunity for public comment by air tour opera- craft if the Administrator determines under lished to require the Secretary of Transpor- tors, environmental organizations, and other subsection (a) that separate rules are war- tation and the Secretary of the Interior, act- concerned parties; and ranted. ing through the Director, to work together (2) give due consideration to the comments (2) DEVELOPMENT OF OPERATIONAL RULE.—In to mitigate the impact of commercial air and recommendations of the Council and the developing an operational rule under para- tour operations on units, or specific areas Federal Interagency Airspace/Natural Re- graph (1), the Administrator shall— within units that are adversely affected by source Coordination Group, or any successor (A) consider whether differences in the commercial air tour operations. organization to that entity. characteristics and effects on the environ- SEC. 3. DEFINITIONS. (e) RESOLUTION OF PLAN INADEQUACIES.—If ment of fixed-wing aircraft and rotorcraft In this Act: the Director and the Administrator disagree warrant the development of separate oper- ational rules with respect to that craft; (1) ADMINISTRATOR.—The term ‘‘Adminis- with respect to any portion of a proposed trator’’ means the Administrator of the Fed- plan under subsection (a)— (B) provide a mechanism for the Director eral Aviation Administration. (1) the Director and the Administrator to recommend individual units or geographi- cally proximate groups of units to be des- (2) AGREEMENT.—The term ‘‘agreement’’ shall refer the proposed plan to the Sec- means an agreement entered into by a com- retary of the Interior and the Secretary of ignated as aerial sightseeing areas, as de- mercial air tour operator, the Director, and Transportation; and fined by section 92.01 of the Federal Aviation the Administrator under section 4(h) that (2) the Secretary of the Interior and the Administration Handbook, dated January provides for the application of relevant pro- Secretary of Transportation shall jointly re- 1992; and visions of an airspace management plan for solve the disagreement. (C) provide a mechanism for the Director the unit concerned to the commercial air (f) ASSESSMENT OF EFFECTS OF OVER- to obtain immediate assistance from the Ad- tour operator. FLIGHTS.—The Director and the Adminis- ministrator in resolving issues relating to the use of airspace above units with respect (3) AIR TOUR AIRCRAFT.—The term ‘‘air tour trator may jointly conduct studies to ascer- aircraft’’ means an aircraft (including a tain the effects of low-level flights of com- to which the issues are of a critical, time- fixed-wing aircraft or a rotorcraft) that mercial air tour aircraft over units that the sensitive nature. (c) EFFECT ON AGREEMENTS.—Nothing in makes air tour flights. Director and the Administrator consider nec- this section is intended to preclude the Ad- (4) AIR TOUR FLIGHT.—The term ‘‘air tour essary for the development of plans under subsection (a). ministrator, the Director, and a commercial flight’’ means a passenger flight conducted air tour operator from entering into, under by air tour aircraft for the purpose of per- (g) PERIODIC REVIEW.— (1) IN GENERAL.—Not less frequently than section 4(h), an agreement on the conduct of mitting a passenger to the flight to view an air tour flights by the air tour operator over area over which the flight occurs. every 5 years after the date of establishment of a plan under subsection (a), the Director a particular unit under different terms and (5) COMMERCIAL AIR TOUR AIRCRAFT.—The conditions from those imposed by an oper- and the Administrator shall review the plan. term ‘‘commercial air tour aircraft’’ means ational rule issued under this subsection. (2) PURPOSE OF REVIEW.—The purpose of the any air tour aircraft used by a commercial SEC. 7. AIRCRAFT SAFETY. air tour operator in providing air tour flights review shall be to ensure that the plan con- tinues to meet the purposes for the plan. (a) DEVELOPMENT OF A SINGLE STANDARD for hire to the public. FOR CERTIFYING COMMERCIAL AIR TOUR OPER- (3) REVISION.—The Director and the Admin- (6) COMMERCIAL AIR TOUR OPERATOR.—The ATORS.— istrator may revise a plan if they jointly de- term ‘‘commercial air tour operator’’ means (1) COMMENCEMENT OF RULEMAKING.—The termine, based on that review, that the revi- a company, corporation, partnership, indi- Administrator shall initiate formal rule- sion is advisable. vidual, or other entity that provides air tour making proceedings (which shall include a (h) FLIGHTS OVER UNITS COVERED BY flights for hire to the public. hearing on the record) for the purpose of re- PLANS.— (7) COUNCIL.—The term ‘‘Council’’ means vising the regulations contained in part 135 (1) AGREEMENT.—A commercial air tour op- the National Park Overflight Advisory Coun- of title 14, Code of Federal Regulations (re- erator may not conduct commercial air tour cil established under section 9. lating to air taxi operators and commercial flights in the airspace over a unit covered by (8) DIRECTOR.—The term ‘‘Director’’ means operators), to prescribe a new subpart to spe- an airspace management plan developed the Director of the National Park Service. cifically cover all commercial air tour opera- under subsection (a) unless the commercial (9) FLIGHT-FREE PARK.—The term ‘‘flight- tors (as that term shall be defined by the Ad- air tour operator enters into an agreement free park’’ means a unit over which commer- ministrator under the subpart) that conduct with the Director and the Administrator cial air tour operations are prohibited. commercial air tour flights over units. that authorizes such flights. (10) UNIT.—The term ‘‘unit’’ means a unit (2) COVERED MATTERS.—The regulations is- (2) CONTENTS.—An agreement under para- of the National Park System. sued under subsection (a) shall address safe- graph (1) shall— SEC. 4. NATIONAL PARK AIRSPACE MANAGEMENT ty and environmental issues with respect to (A) provide for the application of relevant PLANS. commercial air tour flights over units. In is- provisions of the airspace management plan (a) IN GENERAL.—The Director and the Ad- suing the regulations, the Administrator for the unit concerned to the commercial air ministrator shall, in accordance with this shall attempt to minimize the financial and tour operator; and section, develop and establish a plan for the administrative burdens imposed on commer- (B) to the maximum extent practicable, management of the airspace above each unit cial air tour operators. provide for the conduct of air tour flights by that is affected by commercial air tour (b) AIRCRAFT MARKINGS.— the air tour operator in a manner that mini- flights to the extent that the Director con- (1) REQUIREMENT.—Each operator of com- mizes the adverse effects of the air tour siders the unit to be a unit requiring an air- mercial air tour aircraft shall display on flights on the environment of the unit. space management plan. each air tour aircraft of the operator the (b) PURPOSE OF PLANS.—The purpose of SEC. 5. FLIGHT-FREE PARKS. identification marks described in paragraph each plan developed under subsection (a) is For units that, as of January 1, 1997, expe- (2). to minimize the adverse effects of commer- rienced no overflights by commercial air (2) IDENTIFICATION MARKS.—The identifica- cial air tour flights on the resources of a tour operators, the Director, in consultation tion marks for the aircraft of a commercial unit. with the Administrator, shall— air tour operator shall— (c) DEVELOPMENT OF AIRSPACE MANAGE- (1) prescribe criteria to identify units (A) be unique to the operator; MENT PLANS.— where air tour flights by commercial air tour (B) be not less than 36 inches in length (or (1) TREATMENT OF RELEVANT EXPERTISE.—In aircraft would be incompatible with or inju- a size consistent with the natural configura- developing plans under subsection (a)— rious to the purposes and values for which tion of the aircraft fuselage); (A) the Administrator shall defer to the Di- the units were established; (C) appear on both sides of the air tour air- rector in matters relating to the identifica- (2) identify any units that meet those cri- craft of the air tour operator and on the un- tion and protection of park resources; and teria; and derside of the aircraft; and (B) the Director shall defer to the Adminis- (3) designate those units as ‘‘flight-free (D) be applied to the air tour aircraft of trator in matters relating to the safe and ef- park’’ units. the air tour operator in a highly visible color ficient management of airspace. SEC. 6. SINGLE OPERATIONAL RULE FOR COM- that contrasts sharply with the original base (2) NEGOTIATED RULEMAKING.—In develop- MERCIAL AIR TOUR OPERATIONS. color paint scheme of the aircraft. ing a plan for a unit, the Director and the (a) IN GENERAL.—Except as provided in (c) AERONAUTICAL CHARTS.—The Adminis- Administrator shall consider utilizing nego- subsection (b), the Administrator, after no- trator shall ensure that the boundaries of S1136 CONGRESSIONAL RECORD — SENATE February 7, 1997

each unit and the provisions of the airspace (B) Representatives of departments or HARKIN] was added as a cosponsor of S. management plan, operational rule, or Spe- agencies of the Federal Government. 11, a bill to reform the Federal election cial Federal Aviation Regulation (SFAR), if (C) Such other persons as the Adminis- campaign laws applicable to Congress. any, with respect to each unit are accurately trator and the Director consider appropriate. displayed on aeronautical charts. (c) DUTIES.—The Council shall— S. 268 (d) FLIGHT MONITORING SYSTEMS.— (1) determine the effects of commercial air At the request of Mr. MCCAIN, the (1) IN GENERAL.—The Administrator shall tour flights in the airspace over the units on name of the Senator from Tennessee carry out a study of the feasibility and ad- the environment of the units; [Mr. THOMPSON] was added as a cospon- visability of requiring that commercial air (2) determine the economic effects of re- sor of S. 268, a bill to regulate flights strictions or prohibitions on the flights; tour aircraft operating in the airspace over over national parks, and for other pur- units have onboard an automatic flight (3) solicit and receive comments from in- tracking system capable of monitoring the terested individuals and groups on the poses. altitude and ground position of the commer- flights; f cial air tour aircraft. (4) develop recommendations for means of (2) DETERMINATION BY ADMINISTRATOR.—If reducing the adverse effects of the flights on SENATE CONCURRENT RESOLU- the Administrator determines under the the units; TION 6—RELATIVE TO AFGHANI- study required under paragraph (1) that the (5) explore financial and other incentives STAN that could encourage manufacturers to ad- use of flight tracking systems in commercial Mr. DODD submitted the following air tour aircraft is feasible and advisable, the vance the state-of-the-art in quiet aircraft Administrator and the Director shall jointly and rotorcraft technology and encourage concurrent resolution; which was re- develop a plan for implementing a program commercial air tour operators to implement ferred to the Committee on Foreign to monitor the altitude and position of com- the technology in flights over units; Relations: mercial air tour aircraft over units. (6) provide comments and recommenda- S. CON. RES. 6 (e) NATIONAL DATA BASE FOR COMMERCIAL tions to the Director and the Administrator Whereas Congress recognizes that the leg- AIR TOUR OPERATORS.—The Administrator under section 4; acy of civil conflict in Afghanistan during shall— (7) provide advice or recommendations to the last 17 years has had a devastating effect (1) establish and maintain a data base con- the Director, the Administrator, and other on the civilian population in that country cerning all commercial air tour aircraft op- appropriate individuals and groups on mat- and a particularly negative impact on the erated by commercial air tour operators that ters relating to flights over units; and rights and security of women and girls; shall be designed to provide data that shall (8) carry out such other activities as the Whereas the longstanding civil conflict in be used in making— Director and the Administrator jointly con- Afghanistan among the warring political and (A) determinations of— sider appropriate. military factions has created an environ- (i) the scope of commercial air tour flights; (d) MEETINGS.—The Council shall first ment where the rights of women and girls and meet not later than 180 days after the date of are routinely violated; (ii) accident rates for commercial air tour enactment of this Act, and shall meet there- Whereas the Afghan forces led by flights; and after at the call of a majority of the mem- Burhanuddin Rabbani and Abdul Rashid (B) assessments of the safety of commer- bers of the Council. (e) ADMINISTRATION.— Dostum are responsible for numerous abhor- cial air tour flights; and (1) COMPENSATION OF NON-FEDERAL MEM- rent human rights abuses, including the (2) on the basis of the information in the BERS.—Members of the Council who are not rape, sexual abuse, torture, abduction, and data base established under paragraph (1), officers or employees of the Federal Govern- persecution of women and girls; ensure that each flight standards district of- ment shall serve without compensation for Whereas Congress is disturbed by the up- fice of the Administration that serves a dis- their work on the Council, but shall be al- surge of reported human rights abuses, in- trict in which commercial air tour operators lowed travel expenses, including per diem in cluding extreme restrictions placed on conduct commercial air tour flights is ade- lieu of subsistence, in the same manner as women and girls, since the Taliban coalition quately staffed to carry out the purposes of persons employed intermittently in Govern- seized the capital city of Kabul; this Act. ment service under section 5703(b) of title 5, Whereas Afghanistan is a sovereign nation SEC. 8. EXCEPTIONS. United States Code, to the extent funds are and must work to solve its internal disputes; (a) FLIGHT EMERGENCIES.—This Act does available for that purpose. and not apply to any aircraft— (2) COMPENSATION OF FEDERAL MEMBERS.— Whereas Afghanistan and the United (1) experiencing an in-flight emergency; Members of the Council who are officers or States recognize international human rights (2) participating in search and rescue, fire- employees of the Federal Government shall conventions, such as the International fighting or police emergency operations; serve without compensation for their work Convenant on Economic, Social, and Cul- (3) carrying out park administration or on the Council other than that compensation tural Rights, which espouse respect for basic maintenance operations; or received in their regular public employment, human rights of all individuals without re- (4) complying with air traffic control in- but shall be allowed travel expenses, includ- gard to race, religion, ethnicity, or gender: structions. ing per diem in lieu of subsistence, as au- Now, therefore, be it (b) FLIGHTS BY MILITARY AIRCRAFT.—This thorized by law, to the extent funds are Act does not apply to flights by military air- Resolved by the Senate (the House of Rep- available for that purpose. resentatives concurring), That (a) Congress craft, except that the Secretary of Defense is (f) REPORTS.—Not later than 1 year after encouraged to work jointly with the Sec- hereby— the initial meeting of the Council, and annu- (1) deplores the violations of international retary of Transportation and the Secretary ally thereafter, the Council shall submit to of the Interior in pursuing means to mitigate humanitarian law by the Taliban coalition Congress, the Administrator, and the Direc- in Afghanistan and raises concern over the the impact of military flights over units. tor a report that— (c) FLIGHTS FOR COMMERCIAL AERIAL PHO- reported cases of stoning, public executions, (1) describes the activities of the Council and street beatings; TOGRAPHY.—The Director and the Adminis- under this section during the preceding year; trator shall jointly develop restrictions and (2) condemns the Taliban’s targeted dis- and crimination against women and girls and ex- fee schedules for aircraft or rotorcraft en- (2) sets forth the findings and recommenda- gaged in commercial aerial photography presses deep concern regarding the prohibi- tions of the Council on matters related to over units at altitudes that the Director and tion of employment and education for the mitigation of the effects on units of the Administrator determine will impact ad- women and girls; and flights of commercial air tour operators over versely the resources and values of affected (3) takes note of the recent armed conflict units. in Kabul, affirms the need for peace negotia- units. (g) AUTHORIZATION OF APPROPRIATIONS.— tions and expresses hope that the Afghan SEC. 9. NATIONAL PARK OVERFLIGHT ADVISORY There are authorized to be appropriated such parties will agree to a cease-fire throughout COUNCIL. sums as may be necessary to carry out the the country. (a) ESTABLISHMENT.—There is established a provisions of this section. commission to be known as the ‘‘National (b) It is the sense of Congress that the SEC. 10. EXEMPTION FOR STATE OF ALASKA. President should— Park Overflight Advisory Council’’. Nothing in this Act shall affect— (b) MEMBERSHIP.— (1) continue to monitor the human rights (1) the management of units in the State of (1) IN GENERAL.—The Council shall be com- situation in Afghanistan and should call for Alaska; or prised of the following members: an end to discrimination against women and (2) any aircraft operations over or within (A) Members from each of the following girls in Afghanistan and for adherence by all units in the State of Alaska. groups, appointed jointly by the Director factions in Afghanistan to international hu- and the Administrator: f manitarian law; (i) Environmental or conservation organi- ADDITIONAL COSPONSORS (2) review United States policy with re- zations, citizens’ groups, and other groups spect to Afghanistan if the Taliban coalition with similar interests. S. 11 and others do not cease immediately the har- (ii) The commercial air tour industry and At the request of Mr. DASCHLE, the assment and other discriminatory practices organizations with similar interests. name of the Senator from Iowa [Mr. against women and girls; February 7, 1997 CONGRESSIONAL RECORD — SENATE S1137 (3) encourage efforts to procure a durable Afghanistan were women. They have along with a report from Amnesty peace in Afghanistan and should support the been denied entirely the right to work, International, and urge that they join United Nation Special Mission to Afghani- to teach. with me in our condemnation of these stan led by Norbert Holl to assist in Internal tensions have been exacer- events as they are occurring today. brokering a peaceful resolution to years of conflict; bated by players who have encouraged Hopefully, we can consider this reso- (4) call upon the Government of Pakistan the various factions to continue the lution at some appropriate time on the to use its good offices with the Taliban to re- armed conflict in order to advance floor of the U.S. Senate and adopt it verse the Taliban’s restrictive and discrimi- their own selfish economic and secu- and send a clear message that those of natory policies against women and girls; and rity interests. Outside assistance in the us in this body—while there are many (5) call upon other nations to cease provid- form of arms transfer, military train- issues we deal with at home—that an ing financial assistance, arms, and other ing, and financial aid seriously under- issue such as this basic fundamental kinds of support to the militaries or political mined international efforts to broker a organizations of any of the warring factions denial of human rights should not go in Afghanistan. political solution to the conflict. unrecognized as an institution here SEC. 2. The Secretary of the Senate shall With respect to humanitarian issues, that cares so deeply about it in a bipar- transmit a copy of this concurrent resolu- the fact of the matter is that none of tisan way as we have talked about so tion to the President with the request that the parties involved in the civil con- frequently. I urge they give their sup- he further transmit such copy to the United flict are innocent. All have contributed port to this resolution. I just send it to Nations and relevant parties in Afghanistan. to the extraordinary human rights cri- the desk, Mr. President. Mr. DODD. Mr. President, as a mat- sis. The ACTING PRESIDENT pro tem- ter of cold war aggression, Soviet While all these human rights abuses pore. The resolution will be received. troops invaded, as we all remember, Af- concern me, today I want to call spe- EXHIBIT 1 ghanistan in December of 1979. After cific attention to the deteriorating AFGHANISTAN: AMNESTY INTERNATIONAL BRIEF, years of harsh struggle for independ- human rights practices as they relate JANUARY 24, 1997 ence, the Afghan people finally to the rights and treatment against Af- Summary ghan women and girls—much of these achieved that goal of independence in For years Amnesty International has con- 1992. No sooner, however, had the So- at the hands of the Taliban. I am deep- sistently decried the shocking human rights viet threat been lifted than a new de- ly disturbed by the Taliban’s discrimi- abuses committed by all sides of the conflict stabilizing force emerged in that re- natory treatment of women and girls. in Afghanistan. Due to the last twelve years gion. Then, instead of fighting outside Some of the most objectionable fea- of civil war, 400,000 children have been killed, aggressors, the Afghans started fight- tures of the Taliban’s discriminatory five million people, one-third of the popu- ing among themselves. policies include barring women from lation, have been made refugees, Afghanistan Today, Afghan civilians continue to employment, prohibiting girls from at- is the most heavily mined country in the live in constant fear: fear of being em- tending schools, restricting the times world, women have been treated as spoils of war. broiled in armed conflict; fear of being when women and girls may leave their Since the emergence of the Taliban as a abducted by one militia group or an- homes, and mandating a restrictive major political and military force in 1994 and other; fear of persecution and torture; dress code for females. Moreover, the the takeover of Kabul on September 27, 1996, fear of rape and sexual harassment; Taliban has reacted to women and girls a new chapter has opened in the long history and, finally, fear of dying an early and who stray from these restrictive poli- of human rights abuses in Afghanistan. The senseless death. cies with public rebukes in the form of Taliban’s strict interpretation of Islamic law Amnesty International has done an street beatings and stonings. have led them to severely restrict public excellent job of monitoring and report- I believe, and imagine most of my freedom, especially with regards to women. ing on the deteriorating human rights colleagues would agree that: Women The Taliban situation in Afghanistan. should have the right to work—to earn The Taliban, (literally ‘‘religious stu- Mr. President, I ask unanimous con- a living for their families using their dents’’), were trained and organized in Is- sent that a factsheet prepared by Am- knowledge, expertise, and skills; girls lamic schools in Pakistan. They now control approximately three-fourths of the country, nesty International be printed at the and women must be given access to with other factions controlling the rest. end of these remarks. basic education; and both women and When the Taliban first took over Kabul, it The ACTING PRESIDENT pro tem- men must be afforded a basic sense of seemed that perhaps the death and destruc- pore. Without objection, it is so or- humanity and respect. Street beatings, tion of the previous years of fighting could dered. amputations, and other forms of sum- finally be replaced by some semblance of sta- (See exhibit 1.) mary justice for alleged crimes are un- bility. However, it soon became apparent Mr. DODD. Mr. President, the con- acceptable. that the price of this stability would be flict in Afghanistan has changed dra- The United States cannot stand idly human rights, and its primary victims would matically in recent months. In Sep- by in the face of unconscionable viola- be women. tember 1996, the Taliban coalition tions of basic human rights and need- Abuses against women seized the capital city of Kabul, there- less killings. We certainly cannot con- Women have suffered tremendously over by securing control of two-thirds of the done, by our silence, the plainly dis- the years of conflict in Afghanistan as rape territory of Afghanistan. victims, casualties of war, refugees, and criminatory practices which severely mothers, sisters, and wives of the dead. How- The Taliban, many of whom grew up handicap women and girls. ever, since the Taliban’s rise, their strict and were educated in the refugee camps I believe that the resolution I have policies towards women’s behavior have been in Pakistan during the war years of the introduced today will call public atten- of particular concern. These policies not 1980’s, see themselves as the guardians tion to the serious situation in Afghan- only violate internationally recognized of Afghan security and stability. Un- istan. I urge my colleagues to join me standards of human rights but do so solely fortunately, this guardianship has had in reaffirming the need for a peaceful based on their gender. very harsh consequences for the women settlement for a country that has been All schools for girls have been closed and and young girls of Afghanistan. More- plagued by the brutality of war for too women forbidden from attending univer- sities. over, in an effort to solidify total con- many years; in urging all the factions Women are not allowed to work outside trol over Afghanistan, they continue to in Afghanistan to adhere to inter- the home or leave the house without being engage militarily with the other fac- nationally recognized principles of covered from head to toe. tions led by various leaders of that human rights; and in calling an end to Women have been beaten for allowing their country. Today, the Taliban controls the Taliban’s discriminatory policies head covering to slip or showing a few inches three-quarters of the nation. toward women and girls. I hope my col- of ankle. Mr. President, my concern here is leagues will join me in supporting the Appearing in public without ‘‘proper’’ rea- that we have had significant reports of son is punished by severe beating. One enactment of this resolution at the ap- woman received bullet wounds for leaving terrible abuse of the young women of propriate time. her home in order to take her child to the Afghanistan by the Taliban, including I am going to, Mr. President, send doctor. denying them even the basic opportuni- this resolution to the desk. And I urge By forbidding women to work outside the ties to work. Many of the teachers in my colleagues to take a look at it, home, the Taliban have severely limited S1138 CONGRESSIONAL RECORD — SENATE February 7, 1997 many families’ incomes. Especially hard hit Whereas students and schools benefited work and dedication to ensure that are some 30,000 widows who were the primary from significant NetDay corporate sponsor- schools throughout America have the providers for their families and now have no ship and donations from hundreds of compa- needed technological infrastructure for means to support them. nies and organizations throughout the na- the 21st century. Women’s medical care has suffered, as tion who contributed by sponsoring individ- NetDay began in California on March women are not allowed to be treated by male ual schools, providing wiring kits, and help- doctors, and the female doctors are now for- ing to design and test the networks; 9, 1996. The term was coined by co- bidden to work. Whereas NetDay will help facilitate the founders John Gage of Sun Microsys- Other concerns placement of educational technology, such tems, one of the Nation’s leading tech- as computer hardware, software, Internet nology companies and Michael Kauf- Amnesty International is also concerned and technical services, and teaching aids and with several other forms of human rights man of KQED, a California public training material, in the hands of schools abuses perpetrated by the Taliban. These in- broadcasting station. Mr. Gage and Mr. through NetDay activities nationwide; and Kaufman saw this initiative as a day clude: Whereas both past and future NetDay ac- Deliberate and arbitrary killings: These in- tivities across America will save schools and where hundreds of Californians came clude civilians killed in retribution, for taxpayers millions of dollars in technology out to an old-fashioned barn raising for being suspected anti-Taliban sympathizers, startup costs: Now, therefore, be it the modern technology age. and captured soldiers. Resolved, That it is the sense of the Senate Just as volunteers would gather in Political prisoners: The Taliban have de- that— the Nation’s early years, with neighbor tained hundreds, possibly more than a thou- (1) the organizers, coordinators, and volun- sand, civilians for their ethnic origin, politi- helping neighbor, to build homes, teers of NetDay throughout the United barns, or community buildings, Cali- cal affiliation, or refusing to obey the States should be commended for their ac- Taliban’s religious edicts. tions; fornia’s NetDay volunteers gather in Torture and Ill-treatment: Beatings have (2) NetDay’s success should be used as a support of neighborhood schools. become a common form of punishment, and positive model in other communities Amazingly, and to their surprise, prisoners are often used for life-threatening throughout the United States, this year and NetDay succeeded in 1 year in wiring work such as clearing minefields. in future years; 3,500 schools efficiently and cost effec- Unfair trials and cruel or inhumane pun- (3) NetDay activities should continue to tively, establishing and improving our ishments: Courts of law in Taliban-con- expand nationwide to assist students, par- classroom information infrastructure trolled areas are presided over by ‘‘Islamic’’ ents, and schools across the country, so that judges who sentence such punishments as they may obtain the full benefits of com- up and down the State. stonings and amputations. puter equipment and networks, strengthen The NetDay effort is an important f their educations, and begin careers with one to California. Despite the State’s more skills and opportunities in order to tremendous resources, opportunities, SENATE RESOLUTION 51—CON- help them compete more successfully in the and wealth of technology companies, CERNING THE OUTSTANDING global economy; California still ranks at the bottom of ACHIEVEMENTS OF NETDAY (4) businesses, students, parents, edu- States in funds spent per student on cators, and unions throughout the country computers. The cost today of providing Mrs. FEINSTEIN (for herself, Mr. should consider organizing NetDay activities WARNER, Mr. BURNS, Mr. ROBB, Mrs. in their communities to provide similar op- a computer for each student, from kin- MURRAY and Mrs. BOXER) submitted portunities for their schools; and dergarten to high school, is approxi- the following resolution; which was re- (5) the Senate affirms its support of mately $6 billion for 1,159,565 comput- ferred to the Committee on Labor and NetDay’s commitment to have classrooms of ers in California. NetDay activities are Human Resources: K–12 schools fitted with the needed techno- one way to ease some of the financial logical infrastructure for the 21st century. S. RES. 51 burden. With our current budget deficit, we Whereas the children of the United States ∑ Mrs. FEINSTEIN. Mr. President, on deserve the finest preparation possible to behalf of myself, Senator JOHN WAR- have been doing everything to encour- face the demands of this Nation’s changing NER, Senator CONRAD BURNS, Senator age local, volunteer solutions to dif- information-based economy; CHARLES ROBB, Senator PATTY MUR- ficult problems. NetDay activities Whereas in the year 1996, NetDay suc- RAY, and Senator BARBARA BOXER, I across America have and will continue ceeded in bringing together more than 100,000 rise today to reintroduce a Senate res- to save schools and taxpayers millions volunteers nationwide to install the wiring olution acknowledging the achieve- of dollars in technology start-up costs infrastructure necessary to connect class- ments of NetDay and affirming by providing equipment, computer rooms, from kindergarten to the high school time, and training for teachers through level (K–12), to the Information Super- NetDay’s commitment to wire our highway and bring them the educational local K–12 schools to the information the school’s corporate partners. Busi- benefits of contemporary technology; superhighway. I wish to commend the ness sponsors and corporate volunteers Whereas NetDay succeeded in wiring 25,000 organizers and volunteers of NetDay, a have been instrumental in making K–12 schools nationwide efficiently and cost- nationwide public-private partnership. NetDay a successful reality. effectively, while establishing and improving Last year, NetDay was successful in But we should also note that NetDay classroom information infrastructure; bringing out more than 100,000 Ameri- was not just about saving money. The Whereas NetDay organizers created a cans, including 50,000 Californians to most valuable asset of NetDay was the World Wide Web site (http:// volunteer in their neighborhood commitment of thousands of volun- www.netday96.com/) with an on-line database of all public and private K–12 schools, where schools. These students, teachers, par- teers who worked in their community individuals with a shared interest in upgrad- ents, and friends of the schools came to schools. The relationships formed be- ing technology in their schools can locate wire classrooms and school libraries tween schools and their communities each other and form communities with a throughout the Nation. Thousands of will extend beyond 1996. NetDay volun- lasting interest in their schools; individuals accomplished their goal to teers have the continued goal of stimu- Whereas NetDay stresses educational op- install communications cables, connect lating and facilitating communities in portunity for everyone by reaching out to wires and switches to upgrading their the United States to participate in rural and lower income communities to schools for the 21st century. their local schools. Parents and neigh- equalize access to current technology; Whereas the relationships formed through Their success was significant. Over bors who had previously never visited NetDay activities and initiatives between 25,000 elementary, junior, and senior or been involved in their children’s schools and their communities will last well high schools were wired. Throughout school are now motivated to come back beyond 1996 into the 21st century, and other the United States, volunteers climbed to the classroom and work to improve communities are already planning to orga- ladders and got on their hands and their child’s learning environment. nize future NetDay projects that build and knees to install the wiring infrastruc- NetDay organizers tell me that com- expand upon the initial achievements of ture needed to connect thousands of el- munities across the Nation are already NetDay in 1996; ementary and secondary school class- planning to organize future NetDay ac- Whereas NetDay has substantially in- tivities, building and expanding upon creased the visibility of educational tech- rooms with contemporary technology. nology issues; In recognition of the NetDay effort, I earlier achievements. Further, in April Whereas NetDay enables K–12 schools to am very proud to submit a Senate reso- of this year, NetDay organizers will be move into the information age through com- lution commending all of the more focusing resources on schools and com- munity and cyberspace-based action; than 100,000 volunteers for their hard munities that are often underserved. February 7, 1997 CONGRESSIONAL RECORD — SENATE S1139 We all agree our children deserve the international scale. Students must work of a lifetime. Armed with an M.A. finest preparation possible to face the graduate with the skills needed to face from Harvard in 1946, and his Ph.D. demands of the changing information- today’s changing workplace. Comput- from Columbia in 1954, he began teach- based economy. We need to provide the ers and technology can enhance the ing history to generation after genera- next generation with the proper train- educational experience of children and tion of Ohio students. ing for high-technology, well paying provide a valuable complement to tra- In 1947, Dr. Shriver joined the faculty jobs. This will only happen if we in- ditional teaching tools. Technology is at Kent State University. In 1965, he clude all our neighborhoods. NetDay not the complete solution to our com- became the president of Miami Univer- will help meet these challenges, stress- plex education needs, but it is an im- sity, greeting in his first incoming ing educational opportunity for every- portant area that needs both our atten- class a freshman, myself, and my fu- one by reaching out to rural and lower tion and our support. ture wife, Frances Struewing. income communities where current I invite my Senate colleagues to join He served as Miami’s president for 16 technology may be inadequate or in- this public-private partnership effort.∑ years—all the while continuing to complete. Even if students don’t have f teach. He has also served as president computers at home, at least students of the Ohio College Association, and as can have access at schools to explore, NOTICES OF HEARINGS chairman of the Council of Presidents develop skills, learn, and grow. Con- COMMITTEE ON LABOR AND HUMAN RESOURCES of the National Association of State gress should encourage these impor- Mr. JEFFORDS. Mr. President, I Universities and Land Grant Colleges. tant goals. Even after his retirement from the With this resolution we can support would like to announce for information of the Senate and the public that a presidency of Miami, he continues his the overall effort of ensuring that our mission in the classroom. Dr. Shriver classrooms are equipped with effective hearing of the Senate Committee on Labor and Human Resources will be continues to teach. and constructive learning tools. As stu- It has been said that the past is pro- dents move from elementary school to held on Wednesday, February 12, 1997, 9:30 a.m., in SD–430 of the Senate Dirk- logue. Well, I think of the enthusiasm high school and then into college or of Dr. Phillip Shriver, as he has made the work force, it is imperative that sen Building. The subject of the hear- Ohio’s past a living reality for count- these individuals are adequately ing is ‘‘Teamwork for Employees and less young men and women, I cannot trained to use contemporary tech- Managers (TEAM) Act.’’ For further in- help thinking that he has done much to nologies. This resolution will help mo- formation, please call the committee, shape the future of our State and the tivate our communities, both volun- 202—224–5375. lives of its people. teers and businesses, to provide do- COMMITTEE ON RULES AND ADMINISTRATION Mr. President, I join all of his family nated resources, to build upon the suc- Mr. WARNER. Mr. President, I wish and friends in congratulating him on a cess of the NetDay experience and to to announce that the Committee on truly historic milestone. ensure that the children in all our Rules and Administration will meet in Mr. President, I suggest the absence towns and cities reap the benefits of an SR–301, Russell Senate Office Building of a quorum. advanced learning environment. on Thursday, February 13, 1997, at 9:30 The PRESIDING OFFICER. The I would also like to take this time to a.m. to mark up recurring budgets con- congratulate this administration for clerk will call the roll. tained in the omnibus committee fund- The bill clerk proceeded to call the making the improvement of our class- ing resolution for 1997 and 1998. room’s technological infrastructure a roll. For further information concerning Mr. AKAKA. Mr. President, I ask priority. This administration deserves this markup, please contact Chris great credit for advancing education unanimous consent that the order for Shunk of the committee staff. the quorum call be rescinded. and technology. Last year, President f Clinton and Vice President GORE joined The PRESIDING OFFICER. Without thousands of Californian volunteers in ORDER OF BUSINESS objection, it is so ordered. Mr. AKAKA. Mr. President, I ask fulfilling this goal. They also support Mr. DEWINE. Mr. President, I sug- the expansion of NetDay activities na- unanimous consent that I be permitted gest the absence of a quorum. to speak for 10 minutes as if in morn- tionwide to increase the level of tech- The PRESIDING OFFICER. The nology in our classrooms to enhance ing business. clerk will call the roll. The PRESIDING OFFICER. Without our children’s ability to learn. The bill clerk proceeded to call the It is my pleasure to submit this reso- objection, it is so ordered. roll. lution commending the NetDay co- The Senator from Hawaii is recog- Mr. DEWINE. Mr. President, I ask founders, Michael Kaufman and John nized. unanimous consent that the order for Gage, the dozens of corporate sponsors Mr. AKAKA. I thank the Chair. the quorum call be rescinded. and business partners, and the thou- (The remarks of Mr. AKAKA PERTAIN- The PRESIDING OFFICER. Without sands of students, teachers, parents, ING TO THE INTRODUCTION OF S. 291 ARE objection, it is so ordered. and neighbors working in community LOCATED IN TODAY’S RECORD under schools throughout California and the f ‘‘Statements on Introduced Bills and Joint Resolutions.’’) Nation. The success and commitment HONORING DR. PHILLIP R. Mr. AKAKA. Mr. President, I note they have shown can serve as a positive SHRIVER model, this year and in future years. the absence of a quorum. My colleague and cochair on the U.S. Mr. DEWINE. Mr. President, I rise The PRESIDING OFFICER. The Senate Information Technology Cau- today to honor, on a very special occa- clerk will call the roll. cus, Senator JOHN WARNER joins me in sion, one of the most important figures The assistant legislative clerk pro- cosponsoring this resolution. In addi- in the history of education in the State ceeded to call the roll. tion, Senator CONRAD BURNS of Mon- of Ohio. This year, Dr. Phillip R. Shriv- Mr. LOTT. Mr. President, I ask unan- tana, Senator CHARLES ROBB of Vir- er will celebrate the 50th anniversary imous consent that the order for the ginia, Senator PATTY MURRAY from of his career as a teacher. quorum call be rescinded. Washington, and my California col- Dr. Shriver was born in Cleveland in The PRESIDING OFFICER. Without league Senator BARBARA BOXER join me 1922. When he was 6 years old, his objection, it is so ordered. in supporting the advancement of edu- grandfather gave him an Indian spear f cational technology by sponsoring this point, and thus began his lifelong in- ORDER FOR RECORD TO REMAIN resolution. Together, we urge our Sen- terest in Ohio history. OPEN ate colleagues to affirm congressional He graduated from Yale in 1943, grad- support for preparing U.S. classrooms uating early so he could go and make Mr. LOTT. Mr. President, I ask unan- with the needed technological infra- some history himself as a Navy lieu- imous consent that the RECORD remain structure for the 21st century. tenant in World War II. open until 3 p.m. today, for Senators to In today’s global economy, America’s When Dr. Shriver got back to the include statements and to introduce students will face challenges on an United States, he set his sights on his legislation. S1140 CONGRESSIONAL RECORD — SENATE February 7, 1997 The PRESIDING OFFICER. Without amendment to that waiver that may be I was asked the other day in a class- objection, it is so ordered. offered by Senator HOLLINGS or others; room in my home State of Connecticut f so we will have to keep that in mind. by students, ‘‘Why is balancing the And we expect to have the nomination budget, why is there so much talk ORDERS FOR MONDAY, FEBRUARY reported out for U.N. Ambassador about that? What is the importance of 10, 1997 Richardson. that?’’ Maybe we take for granted that Mr. LOTT. Mr. President, I ask unan- We also may be voting next week on everyone understands the answer. We imous consent that when the Senate the mandatory provisions included in talk about it as if it were an end in and completes its business today, it stand last year’s omnibus appropriations bill of itself, rather than the implications in adjournment until the hour of 12 involving population planning funding. of a balanced budget for our Nation noon on Monday, February 10. I further That will depend on whether the House and, for that matter, people who live ask that immediately following the is able to complete its action early in beyond our Nation. prayer, the routine requests through the week. But we could very well get to The reason is that balancing the the morning hour be granted. a vote on that issue Wednesday or budget is not a goal in and of itself. It The PRESIDING OFFICER. Without Thursday of next week because we is what it does, what it creates, and objection, it is so ordered. would like to complete it, if we could, that is, of course, a sound economy and Mr. LOTT. Mr. President, for the in- before the Presidents’ Day recess. an expanded economy. It creates jobs formation of the Senate, the phrase We will continue, then, to have de- in the country and opportunities for ‘‘the routine requests through the bate on amendments, with time agree- people that wouldn’t otherwise exist if morning hour’’ are deemed to include ments wherever possible, on the con- we were operating with a mountain of the approval of the Journal to date, the stitutional amendment for a balanced debt that forced the U.S. Government waiving of resolutions coming over budget. So I urge my colleagues to be to compete in the borrowing business under the rule, the waiving of the call understanding next week. with private institutions and individ- of the calendar, and the expiration of We also will be out a good portion of uals. the morning hour. Thursday morning for Ambassador By balancing the budget, what we are Mr. President, I ask unanimous con- Harriman’s funeral, and therefore we doing is contributing significantly to sent that the Senate then proceed to a probably won’t be able to get started the economic growth and the job cre- period of morning business until the with votes until sometime after noon ation that is absolutely essential if any hour of 1 p.m., for Senators to speak on Thursday. But we’ll have a full day nation is going to succeed, and particu- during the designated times: Senator on Monday, Tuesday, Wednesday, and larly if we are going to be successful in DASCHLE or his designee from 12 to Thursday next week before we go out the 21st century. 12:30, Senator THOMAS or his designee for the Presidents’ Day recess. Balancing the budget has impor- from 12:30 to 1. f tance, but its real importance is not in I further ask unanimous consent that ORDER FOR ADJOURNMENT and of itself, but rather what it con- at 1 o’clock the Senate resume consid- tributes to the overall wealth and eration of Senate Joint Resolution 1, Mr. LOTT. If there is no further busi- strength of our Nation. the constitutional amendment requir- ness to come before the Senate, I now So I begin these remarks, Mr. Presi- ing a balanced budget, and that Sen- ask the Senate stand in adjournment dent, by stating what I think is the ob- ator WELLSTONE then be recognized at under the previous order, following the vious—I hope it is the obvious—and that time. remarks of Senator DODD. that is that every Member of this body The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without believes that balancing the Federal objection, it is so ordered. objection, it is so ordered. budget is an issue of critical impor- Mr. LOTT. Mr. President, I suggest f tance to our Nation’s future. Across the absence of a quorum. the political spectrum, from the White PROGRAM The PRESIDING OFFICER. The House to the Capitol, among Demo- Mr. LOTT. For the information of all clerk will call the roll. The assistant legislative clerk pro- crats and Republicans, liberals, con- Senators, the Senate will continue the servatives, moderates, whatever label debate on the balanced budget amend- ceeded to call the roll. Mr. DODD. Mr. President, I ask unan- people wish to place on themselves or ment on Monday. Under a previous imous consent that the order for the are placed on them, there exists, I order, the Senate will resume debate quorum call be rescinded. think, a broad-based consensus on the on the Durbin amendment at 3:30 with The PRESIDING OFFICER. Without desire for bringing the Federal budget a vote occurring on or in relation to objection, it is so ordered. into balance. that amendment at approximately 5:30 f In fact, in the last Congress, both the on Monday. Senators can, therefore, President and the Republican leaders expect the next rollcall vote on Mon- BALANCED BUDGET AMENDMENT agreed in principle to a 7-year balanced day, February 10, at 5:30. TO THE CONSTITUTION budget plan. The sticking point then Prior to that debate, Senator The Senate continued with the con- was the details of those plans, not the WELLSTONE will be recognized to offer sideration of the joint resolution. notion of a balanced budget itself. So two amendments. It is my hope we will Mr. DODD. Mr. President, first, I ex- the debate today is not about whether be able to complete all debate on Sen- press my gratitude to the majority we should balance the budget. That we ator WELLSTONE’s amendments during leader for graciously arranging at the agree on. The debate today, and will be Monday’s session, however those end of the business time for me to ad- over the coming days, is how we bal- amendments will be voted on during dress the issue at hand, and that is the ance the budget. Tuesday’s session. proposed constitutional amendment to The proponents of this constitutional I also remind my colleagues that balance the budget. amendment would have us believe oth- next week is the final week of business I, like all of my colleagues, do not erwise. They would lead us to believe prior to the Presidents’ Day recess. I know a single Member of this body who that the Congress is simply incapable hope we will be able to make continued disagrees with the proposition that we of mustering the necessary courage to progress on the balanced budget ought to be balancing the budget or make the tough choices to balance the amendment, and it is possible the Sen- getting us close to it and as quickly as budget. They would have us believe ate will act on a number of nomina- we possibly can. I don’t think there is that only by an amendment to the U.S. tions that will be available. In fact, we any debate about the desired goal Constitution would we be forced, and do have pending before us for consider- shared by everyone in this Chamber future Congresses forced, to act. ation the nomination of Charlene and the overwhelming majority of Mr. President, when one considers Barshefsky to be the U.S. Trade Rep- Americans in this country for a bal- our efforts at reducing the deficit over resentative, although her nomination anced budget. They do, I think, Mr. the past half dozen years, I think it is will involve probably a vote on a waiv- President, share this goal for wise rea- fair to say such an assertion lacks er of an existing law, and possibly an son. credibility. Over the past decade, the February 7, 1997 CONGRESSIONAL RECORD — SENATE S1141 deficit, as a percentage of the gross do- of Representatives, to the President’s ommendation to people in my own mestic product, has shrunk by more budget. That is not to say they have home State—to take out 20 minutes or than 70 percent. Let me restate that. endorsed the budget. Quite to the con- a half-hour, which is all you need, to Over the past decade, the deficit as a trary, there are significant disagree- read the Constitution of the United percentage of the gross domestic prod- ments. But unlike almost every year States. It is an incredible document in uct has shrunk by more than 70 per- that I can recall, Mr. President, wheth- its simplicity and directives. cent. Today, it is only 1.4 percent of er it was a Republican President or a Then, if you would, after you read the gross domestic product. In fact, as Democratic President, with the sub- the Constitution of the United States, a percentage of the economy, the defi- mission of budgets you could almost pick up and read this amendment and cit is at its lowest level in more than a guarantee the press releases would go ask yourself the simple question: Does generation in this country. out from whoever was the opposing this language in this amendment, put- These figures clearly demonstrate party in the legislative branch an- ting aside the implications of it, but that contrary to the conventional wis- nouncing that the budget was dead on does this language in this amendment dom, contrary to the rhetoric from arrival and we began this tremendous belong in this document, this organic across the aisle, and from other places, fight on Capitol Hill to try to come up law of our country, which represents this body does, in fact, possess ample with a new budget altogether. the timeless principles—the timeless courage to reduce the deficit. In fact, That is not the case this year. I give principles—that we embrace as a peo- the tremendous decreases in the Fed- the majority here credit, as well as the ple? eral deficit came in the last 4 years, as administration, for working ahead of Nothing in the Constitution is con- this chart to my left, I think, amply time to try to come up with some com- temporary in the sense that it deals demonstrates. mon ground on some of the more deli- with a present-day problem, except to I will just point out, it is entitled cate issues. As I said, there has not the extent that human nature con- ‘‘Bringing the Deficit Down to Ground been total agreement, but we are not in stantly raises issues that need to be ad- Zero,’’ which we all agreed should the same situation we have been in the dressed and protected by the Constitu- occur by the year 2002. What is indi- past where this turns into a huge bat- tion. But we have historically stayed cated by these dots and lines, in 1992, tle from the very beginning. away from dealing with the issue of the the annual deficit stood at $290 billion. So my hope is, despite what previous day in the Constitution. Based on the projections in 1992, that history there may have been, we are I urge again that we consider what deficit was going to increase each year now going to be able to work on a the implications would be of taking from $302 billion over 1993 and 1994, budget agreement that gets us to that language which deals with economic going up to $312 billion, then up to $319 ground zero in the year 2002. That is theory, which is the contemporary billion in 1996, $351 billion by 1997, $391 really what we ought to be doing. Be- issue of the day, and enshrining it in billion by 1998. Those were the projec- cause as the Presiding Officer knows, the organic law of the country, in such tions for the increase in the deficit and others are certainly aware, writing a way that I think we do an injustice that we were given in 1993. something into the Constitution and to that document. Also, we run the But in 1993, as many will recall, we issuing a press release about it does risk, as I hope my colleagues will ap- adopted a budget plan that was, unfor- not make it happen. You have to do the preciate, of making it far more dif- tunately, not bipartisan, Mr. Presi- work. ficult in many ways for us to achieve dent. It was adopted with just Demo- Whether it is in the Constitution or the kind of economic opportunity, the cratic votes. Those were the days when not, you have to do the kind of work in job creation, the stability that is the we were in the majority on this side. order to move us in that direction to- underlying goal behind the entire dis- That is, before the arrival of the distin- ward ground zero. Because of the impli- cussion of whether or not we ought to guished Presiding Officer. cations, again, I want to stress the have a constitutional amendment that We were in the majority and passed a point. This is important to do because balances the budget and does what we budget resolution here in the U.S. Sen- of what it does to our economy. It are presently on the right path toward ate. A similar one was passed in the gives us the kind of economic growth, achieving and that the Congresses in House. They were done in the most un- the stability, the lower interest rates the years ahead will have to grapple common of fashions. Usually there is that allow for businesses to borrow and with itself, as it deals with the issues some bipartisanship. But this one was expand and put people to work. That is of its day. done exclusively with Democratic the effect of a balanced budget. So, Mr. President, I hope that Mem- votes, on both sides. So there has been a good record here bers, and others who may be in doubt It was hotly contested, hotly de- now. We are going in the right direc- about what this debate is all about, bated. People may recall it was decided tion for the first time in years. The that they might take the time to read, by one vote, I think, in the House of challenge for all of us here, regardless as I say, both the Constitution and the Representatives, and I think by that of party or ideology or some label that amendment and ask themselves the margin here in the Senate as well. In someone wants to put on someone, is question that Senator CONRAD of North fact, I think it was the vote of the Vice to work together to see to it that we Dakota posed to us the other day, as to President at the time casting the vote achieve those desired goals stated in whether or not those particular words that made that possible. At any rate, it this chart. belong in the Constitution. was a very narrow vote. None of us can predict, obviously, Mr. President, other issues have been But what has happened since then, what is going to happen next week, to- raised over the past number of days, since 1993, and that budget resolution? morrow, or, for that matter, next and more will be raised next week, We have seen by 1993, instead of being month, next year that might disrupt which are posed by this amendment. $302 billion, the deficit went from $290 our ability to move in this direction. One of the issues that I will be rais- billion to $255 billion. Then it has pro- That is one of the major reasons I have ing has to do with the issue of national ceeded, over the next 3 years, down to such reluctance about writing into the security. Again, the Presiding Officer $203 billion, $164 billion, and in 1996, Constitution an economic theory that is someone who is no stranger to these $107 billion. could end up being highly disruptive issues as a new Member of this body What we hope is going to occur with toward our ultimate goals as a nation. and he has a distinguished record in this budget proposal that is before us As someone suggested—I think my serving our country. I commend him now, and over the next 5 years, is that colleague from North Dakota, Senator for it. the budget will continue, based on the CONRAD, the other day, Mr. President, One of my concerns here is that the projections included, will fall to that in talking about the proposed amend- amendment would seem to indicate ground zero, balancing the budget by ment. He suggested to a group of us that we could not expend resources on the year 2002. that if we had any hesitation about a national security problem unless Let me state here that I appreciate whether or not this particular amend- there was a declaration of war. As my immensely the reaction, of the major- ment belonged in the Constitution— colleagues are certainly aware, it has ity in both this body and in the House and I have made a similar rec- been many a year since we declared S1142 CONGRESSIONAL RECORD — SENATE February 7, 1997 war despite the fact that we have had tremely difficult for the Congress to State have been sympathetic in the many conflicts in which American men respond to natural disasters that could past in responding when that has oc- and women have lost their lives. My hit any State in this country. curred. They are consumers of the food concern would be that, given how dif- Again, that is another reason that I that is produced in this country. But ficult that can be, given the nature of think my colleagues ought to examine natural disasters can hit. People can be the world in which we live today, dec- carefully some proposals that will be literally wiped out in a matter of larations of war may be harder to offered and, I would say, ultimately to weeks. How do we respond? Should we achieve. step away from what I consider to be respond? Is every State that does not This could be a matter for a separate sort of a bumper-sticker approach to have the same interests going to vote discussion, the whole issue of the role an issue that deserves far greater work accordingly? of Congress and the war powers resolu- and diligence than merely writing into Again, hamstrung by a constitu- tions which we have debated exten- the Constitution language that could tional amendment, it would make it sively here over the years. But I can make our job as legislators far more difficult for us to use common sense imagine, as I am sure the Presiding Of- difficult in responding to the needs of and respond. That is troublesome to ficer could, situations that would not our Nation. me, to put it mildly. For those reasons warrant necessarily a declaration of Mr. President, I will not take a great and others, Mr. President, I urge my war, and yet it may be critically im- deal of time here today. I merely want- colleagues to move away from this par- portant that the United States respond ed to rise to indicate once again that ticular debate. If the issue was we because the national interest of the we are on the right track. I think we needed to get the attention of some re- country is at stake, and yet we find are going in the right direction in deal- luctant Members of Congress—and I ourselves engaged in such a debate ing with the issue of getting our budg- happen to believe there were some who where we have to first declare war be- etary house in order. That is what we were not serious enough about this fore a President might be able to act are going to have to do year in and issue. I go back to the days of the early and get the necessary funds. year out, to see to it that we have the 1980’s. As an original sponsor of the That is the kind of problem I see ability to respond. Gramm-Rudman proposal, I think it posed by the well-intended authors of I am not old enough to remember the could have worked had we not had a this amendment, to create situations Great Depression, and I am confident bunch of loopholes. Back in 1982 or that could pose serious problems for the Presiding Officer is not either, but 1983, I offered a pay-as-you-go budget, our country. I have drafted an amend- there are people certainly who will Mr. President, requiring that for every ment and I have asked people to look read this RECORD who are listening to single expenditure there had to be re- at it. It may be an amendment that what we are saying who remember the source to pay for it—every single ex- can be agreed to. It seems to me that 1930’s. I can only imagine how difficult penditure. Had we adopted a pay-as- we ought to be able to respond to situa- it must have been for that Congress you-go in 1982, we would have been in tions without tying ourselves into long and that Chief Executive Officer. In the balance 11 years ago, in 1986. I only got legislative knots around here. It may Northeast, in my State of Connecticut, 22 votes on the floor of this Chamber in be absolutely critical that the Chief and the Midwest was particularly hard 1982 on that proposal. Executive, the Commander in Chief of hit in those years, what would life have I take very seriously this debate this country be able to respond to a sit- been like in a Connecticut or Nebraska about getting this budget in balance uation without getting bogged down in if we had been hit as we were with that and moving in the right direction, but what could be a partisan battle, for Great Depression and faced with the I again argue, as I did at the outset, it whatever reason, and put in jeopardy tremendous need to provide resources is work. It is not easy. Everybody has the lives of American men and women to people in our States. We ought to be to go back to their constituencies and or put in jeopardy the interests of our very thankful that we do not have na- explain why everyone has to share in country. We could find ourselves ham- tional depressions. We have taken this responsibility. Merely taking out a strung by a problem in the constitu- enough steps over the years to avoid chisel and etching into the organic law tional amendment that its authors the kind of difficulties that can sweep of this country the conclusion of a pro- never intended, but in the years to across a nation. posal of balancing the budget does not come could occur. Mr. President, I am sure the Presi- get us there, and it does raise serious, So that is one issue that I find par- dent is aware of this, my State, over serious questions about other weighty ticularly troublesome about the bal- the last 4, 5, 6, or 7 years, has been very matters that this Nation must come to anced budget amendment. I urge again hard hit economically. We have his- terms with from time to time. my colleagues to review and look at it. torically been called the Provision In my view, it places them in jeop- Another issue was raised by our col- State, dating back to the Revolution- ardy, and particularly at a time when leagues from California, Senator FEIN- ary War, and we are proud of it. The it seems to me that we are on the right STEIN and Senator BOXER. Unfortu- builders of helicopters, and jet engines track, moving in the right direction. I nately, their State, maybe more so at Pratt & Whitney, and submarines do not understand why we would place than any other in recent years, has and electric boats, radar systems at in jeopardy other vitally important is- been plagued by one disaster after an- Norden, we have a long history. The sues when, in fact, we are achieving, I other, natural disasters in most cases, end of the cold war, the recession and think all would agree, the goals stated where they have needed additional at- the real estate collapse all hit my by those who strongly endorse this tention and resources. There seems to small State very hard. It has been constitutional amendment. be little or no provision to respond to very, very difficult for us to get back In addition the constant inflexibility those situations again without having on our feet. Luckily, these economic in our budgetary decisionmaking proc- to go through the tremendous gyra- troubles did not sweep across the coun- ess could have a disastrous impact on tions of developing some support. try. Most parts of the country have the business community. The private California is a big State. They have done well. What am I to do in my State sector expects order and consistency in more than 50 Members of Congress in because of its unique problems? We our economic policy. What’s more, the House. They have the same number need some particular help in respond- they rely on the Federal Government of Senators we have. What if you come ing to the needs of our people. for our support and assistance in myr- from a smaller State that does not What worries me is that we may not iad ways. have the same kind of political clout have national depressions, but we could Whether it’s the research and experi- that California might bring to a situa- have regional depressions. Will there mentation tax credit, our aggressive tion, where they need those extra dol- be enough votes in these bodies to have advocacy for American exporters, or lars? Are we going to be able to re- supermajorities to provide the re- the vital statistics and information spond? A legitimate issue is raised, Mr. sources that specific regions of the published by Federal agencies, the pri- President, by the language of this country need? It could be an agricul- vate sector receives crucial support amendment, this constitutional tural problem that hits—possibly bad from the Federal Government. How- amendment, that would make it ex- crop seasons. I know the people of my ever, passage of this amendment could February 7, 1997 CONGRESSIONAL RECORD — SENATE S1143 threaten to create a frantic rush, year transform our constitutional system of which our Nation was founded. There is in and year out, for the savings nec- checks and balances by placing the ju- a very good reason why, in the more essary for bringing the budget into diciary in an unheard of position— than 200 years since this Nation adopt- constitutional compliance. In that sort making budgetary decisions. This con- ed the Constitution, we have seen fit to of an environment, no Federal program travenes the most sacrosanct notions amend it only 27 times—27 times in would be safe. Business leaders would of constitutional integrity—our system more than 200 years. In fact, in those be unable to plan ahead, not knowing of checks and balances and division of 200 or so years, there’ve been approxi- what programs will be funded or cut authority among the three branches of mately 11,000 proposed amendments to from year to year. An R&E tax credit government. And it would debase the the Constitution. Only 33 passed the that is constantly in jeopardy of being Constitution by involving it directly in Congress. And the Bill of Rights not- canceled is of little benefit to Amer- economic decision making. This con- withstanding, only 17 are now part of ican business. stitutional amendment would place the Constitution. What’s more, amend- Contrary to the rhetoric of those who what is fundamentally a fiscal policy ing the Constitution remains an in- support this amendment, American into our organic law. credibly difficult task. businesses will suffer if they are forced Again, I urge all my colleagues to Two-thirds of the Congress, and to operate in the looming shadow of read the Constitution before they cast three-fourths of the State legislatures tax increases or potential cuts in im- their vote. Look at the sorts of amend- must agree before we change the law of portant programs. What’s more, under ments that have been enacted. At their the land. Our Founding Fathers made the requirements of a balanced budget core, they deal almost universally with clear that amending the Constitution amendment the Congress would be issues of social policy and the function- would not be an easy or brazen deci- forced to reorder our budgetary prior- ing of our democratic institutions—not sion. As Henry Clay said 145 years ago, ities every fiscal year. There’d be no with economic policy. But, this amend- ‘‘The Constitution of the United States rhyme or reason to what we cut and ment would change that legacy. And I was made not merely for the genera- what we fund, because our decisions believe it could begin a disquieting tion that then existed, but for poster- would be based on short-term economic process of including what is basically ity—unlimited, undefined, endless, per- factors. Long-term considerations statutory language into our national petual posterity.’’ would simply go by the wayside. By al- Constitution. There can be little doubt These are not idle words. The Con- most any standard, the balanced budg- that we face a momentous decision. stitution is sacred parchment—our et amendment is bad economic policy. Changing the Constitution is not like guiding force for more than 200 years of But, it would have even worse and adopting a simple statute that can be democratic rule and a beacon for mil- more far-reaching constitutional impli- modified or repealed somewhere down lions around the world who yearn for cations. Passage of this amendment the road. The fact is, amending the the dignity that freedom and democ- risks allowing direct judicial involve- Constitution is one of the most sacred racy bestows. In my view, this docu- ment in the enforcement of a balanced duties of our role as national leaders. ment remains one of the greatest polit- budget requirement. Indeed, the language we insert into the ical and democratic accomplishments If for whatever reason, the Congress Constitution is timeless. And it will in human history and the amending of was unable to achieve either a balanced likely stay there long after all of us it must not be a rash or impetuous act. budget or get 60 votes to waive the re- leave this Earth. However, I worry that We all agree on the need for balancing quirement for such, then the Federal the fundamental, hallowed nature of the budget, but this amendment is the judiciary could be forced to make criti- our Constitution is being lost on my wrong way to go about doing it. If we cal decisions on budgetary allocations. colleagues. are to really bring our fiscal house in I must say, I find it quite interesting The last Congress advocated one of order; if we are to guarantee to future that many of the same people who the most sweeping rewrites of the U.S. generations that they will not be bur- complain about so-called judicial activ- Constitution since the Bill of Rights. dened with our debts; if we are to bal- ism are seeking to pass an amendment And I worry that this Congress will ance the budget in a fair and equitable that would thrust the judiciary di- continue this troubling precedent. In manner, then let us reject this amend- rectly into our budgetary discussions. the 104th Congress, amendments were ment and instead roll up our shirt Theoretically, judges could order the proposed requiring a supermajority for sleeves and get down to the task of Government to stop Social Security taxes, advocating terms limits, provid- making the tough choices to truly bal- checks from being sent out, cut Fed- ing for a line-item veto, allowing ance the budget. eral spending, or even raise taxes. Ad- school prayer, preventing unfunded I thank the majority leader for mak- ditionally, to those who complain mandates, criminalizing flag burning, ing this possible. I yield the floor. about a clogged court system, we could and the list goes on. see a significant rise in litigation by The Constitution is not a set of insti- f either Members of Congress or private tutional guidelines to be amended by citizens hurt by spending cuts man- each new generation of leaders. Gen- dated by this amendment. eration after generation will live with ADJOURNMENT UNTIL MONDAY, For the Congress to go along with the consequences of our constitutional FEBRUARY 10, 1997 such a proposal represents an abdica- decisions. And while I realize that this The PRESIDING OFFICER. Under tion of our responsibilities as legisla- amendment is incredibly popular the previous order, the Senate stands tors. The Constitution mandates very among the American people, that in adjournment until 12 noon, Monday, clearly that the legislative and execu- should not be our determining factor. February 10, 1997. tive branches must posses sole respon- Amending the Constitution must not Thereupon, the Senate, at 2:14 p.m., sibility for fiscal policy. Yet, this be based on the political currents of adjourned until Monday, February 10, amendment would fundamentally today, but the sacred principles on 1997, at 12 noon. Friday, February 7, 1997 Daily Digest Senate Chamber Action Communications: Page S1132 Statements on Introduced Bills: Pages S1133±36 Routine Proceedings, pages S1119–S1143 Additional Cosponsors: Page S1136 Measures Introduced: One bill and two resolutions were introduced, as follows: S. 291, S. Con. Res. 6, Notices of Hearings: Page S1139 and S. Res. 51. Pages S1132±33 Adjournment: Senate convened at 11 a.m., and ad- Balanced Budget Constitutional Amendment: journed at 2:14 p.m., until 12 Noon, on Monday, Senate continued consideration of S.J. Res. 1, pro- February 10, 1997. (For Senate’s program, see the re- posing an amendment to the Constitution of the marks of the Majority Leader in today’s Record on page S1140.) United States to require a balanced budget, with the following amendment proposed thereto: Pages S1119±25, S1126±30, S1140±43 Committee Meetings Pending: (Committees not listed did not meet) Durbin Amendment No. 2, to allow for the waiv- er of the article in the event of an economic reces- 1998 BUDGET sion or serious economic emergency with a majority Committee on the Budget: Committee held hearings to in both houses of Congress. examine the President’s proposed budget for fiscal Pages S1120±25, S1126±30, S1140±43 year 1998, receiving testimony from Franklin D. Senate will continue consideration of the resolu- Raines, Director, Office of Management and Budget. tion on Monday, February 10, 1997. Hearings continue on Monday, February 10. h House of Representatives Chamber Action Committee recessed subject to call. f The House was not in session today. The House will next meet at 2 p.m. on Monday, February 10. CONGRESSIONAL PROGRAM AHEAD Committee Meetings Week of February 10 through 14, 1997 No Committee meetings were held. Senate Chamber On Monday, Senate will resume consideration of Joint Meetings S.J. Res. 1, Balanced Budget Constitutional Amend- EMPLOYMENT-UNEMPLOYMENT ment. During the week, Senate may also consider any Joint Economic Committee: Committee held hearings to legislative or executive items cleared for consider- examine the employment-unemployment situation ation. for January and the consumer price index, receiving testimony from Katharine G. Abraham, Commis- (Senate will recess on Tuesday, February 11, 1997, sioner, Bureau of Labor Statistics, Department of from 12:30 p.m. until 2:15 p.m., for respective party con- Labor. ferences. D92 February 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D93 Senate Committees Health Insurance Portability and Accountability Act (P.L. 104–191), 9:30 a.m., SD–430. (Committee meetings are open unless otherwise indicated) February 12, Full Committee, to hold hearings on the Committee on Agriculture, Nutrition, and Forestry: Feb- implementation of the Teamwork for Employees and ruary 11 and 13, to hold hearings on proposals to reform Managers Act (TEAM), 9:30 a.m., SD–430. the Commodity Exchange Act, 9 a.m., SR–332. February 13, Subcommittee on Employment and Committee on Armed Services: February 11, to hold a Training, to resume hearings to examine proposals to re- closed briefing on the situation in Bosnia and the status form the Fair Labor Standards Act, focusing on S. 4, to of U.S. military forces participating in the Stabilization provide to private sector employees the same opportuni- Force (SFOR), 10 a.m., SR–222. ties for time-and-a-half compensatory time off, biweekly February 13, Full Committee, to hold hearings on pro- work programs, and flexible credit hour programs as Fed- posed legislation authorizing funds for fiscal year 1998 eral employees currently enjoy to help balance the de- for the Department of Defense and the future years de- fense program, 10 a.m., SH–216. mands and needs of work and family, to clarify the provi- Committee on the Budget: February 10, to resume hear- sions relating to exemptions of certain professionals from ings on the President’s proposed budget for fiscal year the minimum wage and overtime requirements of the 1998, 2 p.m., SD–608. Fair Labor Standards Act of 1938, 9:30 a.m., SD–430. February 12, Full Committee, to hold hearings on is- Committee on Rules and Administration: February 11, sues relating to public investment, 10 a.m., SD–608. business meeting, to mark up proposed legislation au- Committee on Commerce, Science, and Transportation: Feb- thorizing biennial expenditures by standing, select, and ruary 12, Subcommittee on Consumer Affairs, Foreign special committees of the Senate, and to consider other Commerce, and Tourism, to hold hearings on product li- pending legislative and administrative business, 9:30 ability reform issues, focusing on the success of the Gen- a.m., SR–301. eral Aviation Revitalization Act of 1994 (P.L. 103–298), Committee on Small Business: February 12, to hold hear- 10 a.m., SR–253. ings on the nomination of Aida Alvarez, of New York, Committee on Energy and Natural Resources: February 12, to be Administrator of the Small Business Administra- business meeting, to consider pending calendar business, tion, 9:30 a.m., SR–428A. 9:30 a.m., SD–366. February 12, Full Committee, to hold hearings on the Committee on Environment and Public Works: February 12, President’s budget request for fiscal year 1998 for the to hold hearings on the ozone and particulate matter Small Business Administration, 10:30 a.m., SR–428A. standards proposed by the Environmental Protection Committee on Veterans’ Affairs: February 11, to hold joint Agency, 9:30 a.m., SD–406. hearings with the House Committee on Veterans’ Affairs February 13, Subcommittee on Transportation and In- on the legislative recommendations of the Veterans of frastructure, to hold hearings on the implementation of Foreign Wars, 9:30 a.m., 345 Cannon Building. the Intermodal Surface Transportation Efficiency Act and transportation trends, infrastructure funding require- House Chamber ments, and transportation’s impact on the economy, 2 p.m., SD–406. Monday, No legislative business. Committee on Finance: February 11, to hold hearings on Tuesday, Legislative program to be announced. No the final report of the Advisory Commission to Study the recorded votes will be held before 5 p.m. Consumer Price Index, 10 a.m., SD–215. Wednesday and Thursday, H.J. Res. 2, Proposing a February 12, Full Committee, to hold hearings on the Term Limits Amendment to the Constitution of the Administration’s budget and revenue proposals for fiscal United States (subject to a rule); H.J. Res. 36, Ap- year 1998, 10 a.m., SD–215. proving the Presidential Finding Regarding the Pop- February 13, Full Committee, to hold hearings on the Administration’s budget for fiscal year 1998, focusing on ulation Planning Program; and H.R. 581, Providing Medicare, Medicaid and welfare proposals, 10 a.m., that the President May Make Funds Appropriated SD–215. for Population Planning Available March 1, 1997 Committee on Foreign Relations: February 13, to hold Subject to Restrictions on Assistance to Foreign Or- hearings on the nomination of Pete Peterson, of Florida, ganizations that Perform or Actively Promote Abor- to be Ambassador to the Socialist Republic of Vietnam, tions (subject to a rule). 10 a.m., SD–419. Friday, The House will not be in session. Committee on Governmental Affairs: February 12, Sub- committee on International Security, Proliferation and House Committees Federal Services, to hold hearings on the future of nuclear deterrence, 9:30 a.m., SD–342. Committee on Appropriations, February 11, Subcommittee February 13, Full Committee, to hold hearings on S. on Labor, Health and Human Services, and Education, on 207, to review, reform, and terminate unnecessary and in- Secretary of Health and Human Services, 10 a.m., on equitable Federal subsidies, 10 a.m., SD–342. Health Care Financing Administration and on the Agency Committee on Labor and Human Resources: February 11, to for Health Care Policy and Research, 2 p.m., 2358 Ray- hold oversight hearings on the implementation of the burn. D94 CONGRESSIONAL RECORD — DAILY DIGEST February 7, 1997

February 11, Subcommittee on Legislative, on the Life-Long Learning, hearing on Reform of the Major Fed- CBO, the U.S. Capitol Police and the Office of Compli- eral Job Training Programs, 9:30 a.m., 2175 Rayburn. ance, 9:30 a.m., and on the Joint Committee on Printing February 12, Subcommittee on Employer-Employee and the GPO, 1 p.m., H–144 Capitol. Relations, hearing on Defusing the Retirement February 12, Subcommittee on Agriculture, Rural De- Timebomb: Encouraging Pension Savings, 10 a.m., 2175 velopment, Food and Drug Administration, and Related Rayburn. Agencies, on Inspector General Overview, 12:30 p.m., February 13, to mark up the committee oversight plan 2362A Rayburn. for the 105th Congress and to consider other pending February 12, Subcommittee on Foreign Operations, Ex- committee business, 9:30 a.m., 2175 Rayburn. port Financing and Related Programs, on Secretary of Committee on Government Reform and Oversight, February State, 10 a.m., 2360 Rayburn. 11, hearing on GAO Findings on Superfund Clean-Up, February 12, Subcommittee on Labor, Health and 10 a.m., 2154 Rayburn. Human Services, and Education, on Substance Abuse and February 12, hearing on the ‘‘Government Performance Mental Health Services Administration and the Office of and Results Act: Sensible Government for the Next Cen- the Inspector General, 10 a.m., and on the Health Re- tury,’’ 10 a.m., and to hold an organizational meeting, 3 sources and Services Administration, 2 p.m., 2358 Ray- p.m., 2154 Rayburn. burn. February 13, Subcommittee on Civil Service, hearing February 12, Subcommittee on Legislative, on Joint on the Administration’s fiscal year 1998 budget: Civil Economic Committee and the Library of Congress, 9:30 Service Impacts, 9 a.m., 2247 Rayburn. a.m., on the architect of the Capitol/Botanic Garden; February 13, Subcommittee on Government Manage- GAO, Members of Congress; and public witnesses, 1 ment, Information and Technology, hearing on ‘‘Over- p.m., H–144 Capitol. sight of the GAO’s High-Risk Series,’’ 9:30 a.m., 311 February 13, Subcommittee on Labor, Health and Cannon. Human Services, and Education, on Centers for Disease February 13, Subcommittee on Human Resources and Control and Prevention, 10 a.m., and on Administration Intergovernmental Relations, hearing on the Need for for Children and Families and the Administration on Better Focus in the Rural Health Clinic Program, 1 p.m., Aging, 2 p.m., 2358 Rayburn. 2154 Rayburn. February 13, Subcommittee on Legislative, on the Joint February 14, Subcommittee on National Security, Committee on Taxation, 1 p.m., H–144 Capitol. International Affairs, and Criminal Justice, hearing on February 13, Subcommittee on National Security, exec- ‘‘U.S. Counternarcotics Assistance to Columbia’’, 9 a.m., utive, briefing on World-Wide Intelligence, 10 a.m., 2154 Rayburn. H–140 Capitol. Committee on House Oversight, February 11, to consider Committee on Banking and Financial Services, February 11 pending business, 2 p.m., 1310 Longworth. and 13, Subcommittee on Financial Institutions and Committee on International Relations, February 11, to con- Consumer Credit, hearings on Financial Services Mod- sider an oversight plan for the 105th Congress, 9:45 a.m., ernization legislation including H.R. 268, Depository In- and to hold a hearing on the Administration’s Inter- stitution Affiliation and Thrift Charter Conversion Act, national Affairs Budget Request for fiscal year 1998, 10 10 a.m., 2128 Rayburn. a.m., 2172 Rayburn. Committee on the Budget, February 11, hearing on the Committee on the Judiciary, February 11, Subcommittee Administration’s Budget for Fiscal Year 1998, 1 p.m., on Immigration and Claims, oversight hearing regarding 210 Cannon. Title III of the Illegal Immigration Reform and Immi- February 13, hearing on CBO Budget Outlook and grant Responsibility Act of 1996, 2 p.m., 2237 Rayburn. Analysis of the Administration’s Budget Proposal, 10 February 12, Subcommittee on Crime, oversight hear- a.m., 210 Cannon. ing on the FBI investigation into the Khobar Towers Committee on Commerce, February 11, Subcommittee on bombing in Dhahran, Saudi Arabia and on Foreign FBI Energy and Power, oversight hearing on the Department Investigations, 10 a.m., B–352 Rayburn. of Energy’s proposed budget for fiscal year 1998, 9:30 Committee on National Security, February 11, Subcommit- a.m., 2123 Rayburn. tee on Military Personnel, hearing on the status of the in- February 11, Subcommittee on Telecommunications, vestigation into Persian Gulf War illnesses, 9:30 a.m., Trade, and Consumer Protection, hearing and mark up of 2118 Rayburn. the Armored Car Reciprocity Amendments of 1997, 4:30 February 12, full Committee, hearing on the fiscal year a.m., 2322 Rayburn. 1998 national defense authorization request, 10:30 a.m., February 12, Subcommittee on Health and Environ- 2118 Rayburn. ment, oversight hearing on the Department of Health February 13, full Committee, hearing on threats to and Human Services’ proposed budget for fiscal year U.S. National Security, 10:30 a.m., 2118 Rayburn. 1998, 10 a.m., 2322 Rayburn. Committee on Rules: February 11, to consider the follow- February 11, Subcommittee on Telecommunications, ing: H.J. Res. 2, proposing an amendment to the Con- Trade, and Consumer Protection, on Spectrum Manage- stitution of the United States with respect to the number ment Policy, 9:30 a.m., 2123 Rayburn. of terms of office of Members of the Senate and the Committee on Education and the Workforce, February 11, House of Representatives; H.R. 581, Family Planning Fa- Subcommittee on Postsecondary Education, Training and cilitation and Abortion Funding Restriction Act of 1997; February 7, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D95 adopting oversight plan for the 105th Congress; and Committee on Ways and Means, February 11, hearing on other Committee business, 1:30 p.m., H–313 Capitol. the President’s fiscal year 1998 Budget 1 p.m., 1100 Committee on Science, February 11, Subcommittee on Longworth. Technology, briefing on Secure Communications, 10 a.m., February 12, to continue hearings on the Administra- 2318 Rayburn. tion’s fiscal year 1998 Budget, 9:30 a.m., and to mark February 12, full Committee, hearing on the Status of up a measure to reinstate temporarily the Airport and Russian Participation in the International Space Program, Airway Trust Fund Tax, and to restore permanently Trust 1 p.m., 2318 Rayburn. Fund transfer authority, 1100 Longworth. Committee on Small Business, February 13, to hold an or- February 13, Subcommittee on Health, hearing on ganizational meeting, 10 a.m., 2359 Rayburn. Medicare provisions in the Administration’s budget, 9 Committee on Transportation and Infrastructure, February a.m., 1100 Longworth. 12, Subcommittee on Surface Transportation, hearing on February 13, Subcommittee on Human Resources, ISTEA Comprehensive Reauthorization Proposals: ISTEA hearing on the Human Resource provisions of the fiscal Integrity Restoration Act (STEP 21) Transportation year 1998 Administration’s budget, 11 a.m. B–318 Ray- Empowerment Act (Devolution) ISTEA Works, 9:30 burn. a.m., 2167 Rayburn. February 13, Subcommittee on Aviation, to continue Joint Meetings hearings on Airlines’ Proposals to Establish User Fees for Joint Economic Committee: February 10, to hold hearings FAA Services, 9 a.m., 2167 Rayburn. on the 1997 Economic Report of the President, 2 p.m., Committee on Veterans’ Affairs, February 11, hearing to 2359 Rayburn Building. review the findings and recommendations of the Presi- Joint Hearing: February 11, Senate Committee on Vet- dential Advisory Commission on Gulf War Veterans’ ill- erans’ Affairs, to hold joint hearings with the House nesses, 1 p.m., 334 Cannon. Committee on Veterans’ Affairs on the legislative rec- February 13, hearing on the Administration’s fiscal ommendations of the Veterans of Foreign Wars, 9:30 year 1998 budget; 9:30 a.m., 334 Cannon. a.m., 345 Cannon Building. D96 CONGRESSIONAL RECORD — DAILY DIGEST February 7, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, February 10 2 p.m., Monday, February 10

Senate Chamber House Chamber Program for Monday: After the recognition of two Sen- Program for Monday: No legislative business. ators for speeches and any routine morning business (not to extend beyond 1 p.m.), Senate will resume consider- ation of S.J. Res. 1, Balanced Budget Constitutional Amendment.

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