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

Vol. 141 WASHINGTON, TUESDAY, MARCH 7, 1995 No. 42 House of Representatives

The House met at 9:30 a.m. and was served for many years on the grievance and I quote at length from an article in called to order by the Speaker pro tem- committee of the Florida Bar which the New York Times dated June 10, pore [Mrs. WALDHOLTZ]. recommended to the bar either disbar- 1988: f ment, suspension, or reprimand for se- The New York Times has examined the rious violations of ethical standards. case against Mr. Wright through interviews DESIGNATION OF SPEAKER PRO Accordingly, I do not take lightly with the House Republican who has been his TEMPORE such complaints against a colleague, main accuser, as well as with the Speaker’s The SPEAKER pro tempore laid be- and in particular, the Speaker of the attorney and legal experts and through a re- fore the House the following commu- House. view of the House rules, transcripts of con- nication from the Speaker: On Wednesday, February 22 of this gressional debate of those rules and other year, I became a signatory, along with documents. WASHINGTON, DC, In the course of that examination, the Congresswomen PAT SCHROEDER and March 7, 1995. Speaker’s primary critic, Representative CYNTHIA MCKINNEY, to a complaint I hereby designate the Honorable ENID G. of Georgia and Mr. Gingrich’s WALDHOLTZ to act as Speaker pro tempore on filed with the House Committee on aides said that there were errors and gaps in this day. Standards of Official Conduct against the complaint that he had filed with the Eth- NEWT GINGRICH, Speaker NEWT GINGRICH. ics Committee and that led to the panel’s Speaker of the House of Representatives. The first response to our complaint proceedings, but they said that what was f by the Speaker was communicated most important was a full inquiry into the MORNING BUSINESS through his staff assistant, who, ac- Speaker’s actions, as well as a review of the cording to the Washington Post, ‘‘* * * adequacy of the House rules. The SPEAKER pro tempore. Pursu- accused the lawmakers who filed the The case against Mr. Wright as laid out in ant to the order of the House of Janu- complaint of ‘malicious imbecility.’ ’’ I the complaint is not particularly strong, ac- ary 4, 1995, the Chair will now recog- consider this a rather intemperate re- cording to Mr. Gingrich and his aides. Mr. nize Members from lists submitted by mark, to say the least, and as much as Gingrich said in an interview earlier this the majority and minority leaders for week that the two counts involving oil in- the spokesman is an employee of the vestments had been included in his com- morning hour debates. The Chair will House of Representatives and a surro- alternate recognition between the par- plaint solely ‘‘out of curiosity’’ and that ‘‘I gate of the Speaker, I find his tone and don’t expect them to be actionable items.’’ ties, with each party limited to not to language both offensive and inappro- Let me repeat that 7 years ago, Mr. exceed 30 minutes, and each Member priate. GINGRICH told the New York Times except the majority and minority lead- On Friday of the same week, Mr. that he filed two counts against the ers limited to not to exceed 5 minutes. GINGRICH made the following statement The Chair recognizes the gentleman with respect to our complaint: ‘‘They Speaker of the U.S. House of Rep- from Florida [Mr. JOHNSTON] for 5 min- are misusing the ethics system in a de- resentatives solely out of curiosity and utes. liberate, vicious, vindictive way, and I with no expectation of their being ac- f think it is despicable and I have just tionable. about had it.’’ My compliant against the Speaker of ETHICAL VIOLATIONS: PAST AND I do not plan to discuss the merits of the House on February 22 certainly was PRESENT the complaint against Mr. GINGRICH not conceived out of curiosity and cer- Mr. JOHNSTON of Florida. Madam this morning. I believe that would be tainly does not rise or fall to the level Speaker, until 2 weeks ago, in almost improper, because the matter is now of malicious imbecility, and certainly, 20 years of public service, I had never within the jurisdiction of the Commit- as quoting the Speaker in reference to filed a complaint against a colleague, tee on Standards of Official Conduct. If this compliant, is not offered in a de- even though I twice served on commit- and when there are charges filed liberate, vicious, vindictive way. I tees charged with investigating col- against the Speaker by the committee, would never charge a colleague with leagues for ethical violations in the the full House will sit in judgment of misconduct and the violation of a law Florida State Senate with their cen- these charges. I will comment, how- and ethics, as I have done, without se- sure or dismissal often hanging in the ever, on the history of the Speaker’s rious and conscientious deliberation balance. complaints against a former colleague. and conviction. In 30 years of the practice of law, I It is common knowledge that Mr. Continuing in a historical vein, I never filed an ethics complaint against GINGRICH filed numerous complaints have attached to these remarks a press a colleague, even though again, I against Speaker in 1988, release issued by Mr. GINGRICH through

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 2721 H 2722 CONGRESSIONAL RECORD — HOUSE March 7, 1995 his congressional office, dated July 28, 2. The outside counsel shall have full au- $150 and $200 billion in discretionary 1988. In this press release, Mr. GINGRICH thority to organize, select, and hire staff on cuts as part of his effort to bring about demands that the special counsel ap- a full- or part-time basis in such numbers as a balanced budget. Some might see pointed to investigate House Speaker the counsel reasonably requires and will be provided with such funds and facilities as the that as a difficult or even an impos- Jim Wright be given carte blanche au- counsel reasonably requires; sible task. But a careful and honest as- thority. Let me point out that this spe- 3. The outside counsel shall have full au- sessment of all discretionary accounts cial counsel was appointed under a thority to review all documentary evidence yields heartening news. It can be done, Democratic Congress with the consent available from any source and full coopera- I say. It can be done. There is at least of the then-Speaker, Jim Wright. I tion of the Committee in obtaining such evi- this much nonpriority spending we can quote from this press release: dence; 4. The Committee shall give the outside eliminate. In fact, I would argue that The rules normally applied by the Ethics counsel full cooperation in the issuance of there is much more than $150 to $200 Committee to an investigation of a typical subpoenas; billion. As we move toward the budget Member are insufficient in an investigation 5. The outside counsel shall be free, after of the Speaker of the House, a position which and appropriations process, it is imper- discussion with the Committee, to make is third in line of succession to the Presi- ative that we address the wasteful such public statements and reports as the dency and the second most powerful position spending that bloats our Federal budg- counsel deems appropriate; in America. Clearly this investigation has to 6. The outside counsel shall have full au- et, as everybody knows. As I have done meet a higher standard of public account- thority to recommend that formal charges to for the last 3 years, I have again sub- ability and integrity. brought before the Ethics Committee, shall mitted to the budgetary leaders of both So far, the Speaker of the House, be responsible for initiating and conducting Houses of Congress my annual list of Congressman NEWT GINGRICH, has proceedings if formal charges have been discretionary spending cuts for their failed to respond publicly to three brought and shall handle any aspects of the consideration. These 75 cuts would save charges lodged against him in the Com- proceedings believed to be necessary for a full inquiry; the American taxpayer $275 billion over mittee of Standards of Official Con- 5 years. duct, except in terms of the vernacular 7. The Committee shall not countermand or interfere with the outside counsel’s abil- Madam Speaker, critics of the bal- that I quoted earlier, nor has he con- ity to take steps necessary to conduct a full anced budget amendment contend that sented to the appointment of a special and fair investigation; and it would mandate draconian cuts in en- counsel. It is he who placed himself in 8. The outside counsel will not be removed titlement programs because our discre- the glasshouse 7 years ago. It is he who except for good cause. tionary budget simply just does not has raised the questions of integrity, Gingrich wrote to Chairman Dixon, ‘‘It is offer significant savings. The facts character, and conflict with which we my impression from press reports that the clearly show otherwise. In reality, we now contend, and it is he alone who Ethics Committee has specifically failed to can remove this cloud, not only from meet the Common Cause standard. Further- continue to fund outdated and duplica- more, it is my understanding that the spe- tive programs that operate in the shad- himself, but from the body over which cial counsel cannot go beyond the six areas he now presides. ows serving our bureaucracy and spe- outlined in your June 9, 1988, Resolution of cial interests rather than the American NEWT GINGRICH is third in line of suc- Preliminary Inquiry. This leads me to be- cession to the Presidency, occupying lieve that the special counsel will not be al- people we work for. We desperately the second most powerful position in lowed to investigate the questionable bulk need to shed some light on these an- America. As such, and to quote his own purchases of Mr. Wright’s book, ‘‘Reflections cient programs. The Appalachian Re- words, ‘‘Clearly, this investigation has of a Public Man,’’ as a way to circumvent gional Commission, a Great Society to meet a higher standard of public ac- House limits on outside income. era created as a temporary response to countability and integrity.’’ ‘‘I am particularly concerned that the un- poverty, continues to spend hundreds usual purchases by the Teamsters Union, the GINGRICH INSISTS ON THOROUGH New England Mutual Life Insurance Co., a of millions of dollars annually with lit- INVESTIGATION Fort Worth developer, and a Washington lob- tle discernible impact on the long-term WASHINGTON, DC.—Congressman Newt byist will not be investigated. economic health of the United States Gingrich (R–GA) today insisted that the ‘‘I believe many will perceive this action of America. House Ethics Committee give the special as an attempt by the Ethics Committee to These are probably very worthy counsel appointed to investigate House control the scope and direction of the inves- projects, but I do not think they really Speaker Jim Wright the independence nec- tigation.’’ are getting at the core of poverty and essary to do a thorough and complete job. Gingrich requested a copy of the contract Discouraged by several news reports that arranged between the Ethics Committee and they probably would not compete as special counsel Richard Phelan would be re- Mr. Phelan. He also asked to know the ex- well with other Federal dollars for stricted in the scope of his investigation, tent of Mr. Phelan’s subpoena power. more urgent needs. Only in Washington Gingrich took a series of actions including Gingrich said, ‘‘The House of Representa- could this be construed as a legitimate writing to House Ethics Chairman Julian tives, as well as the American public, deserve response to poverty. The Rural Elec- Dixon (D–CA), forwarding the letter to his an investigation which will uncover the colleagues in the House, and speaking on the trification Administration, which pro- truth. At this moment, I am afraid that the vides electricity for my home in House floor on the need for a truly independ- apparent restrictions placed on this special ent counsel with full leeway in pursuing the counsel will not allow the truth to be uncov- Sanibel, formed in 1935 when only 10 investigation. ered. percent of projects have included fund- In his letter to Chairman Dixon, Gingrich ‘‘The rules normally applied by the Ethics ing for the NASCAR Hall of Fame and wrote: Committee to an investigation of a typical most recently $750,000 toward a new ‘‘I have a number of concerns regarding the Member are insufficient in an investigation football stadium in South Carolina. Ethics Committee’s contract with and in- of the Speaker of the House, a position which structions for the special counsel hired to Rural America had electricity, contin- is third in the line of succession to the Presi- ues to spend billions of dollars subsidiz- conduct the investigation into Speaker Jim dency and the second most powerful elected Wright’s questionable financial dealings. position in America. Clearly, this investiga- ing rural electric and telephone compa- ‘‘First, I am concerned that the scope, au- tion has to meet a higher standard of public nies—this despite the fact that today thority, and independence of the special accountability and integrity.’’ 99 percent of rural America has elec- counsel will be limited by the guidelines the tricity and 98 percent has phones. I Ethics Committee has established.’’ f suggest those who do not have it do not Gingrich agreed with concerns raised by SPENDING CUTS Common Cause Chairman in a want it. Taken alone, each of these letter to Chairman Dixon earlier this week. The SPEAKER pro tempore. Under programs may not amount to large The Common Cause letter urged the Ethics the Speaker’s announced policy of Jan- costs—but when you start adding them Committee to commit itself to the following uary 4, 1995, the gentleman from Flor- up, going through a whole list of measures: ida [Mr. GOSS] is recognized during projects, you can see why we have a 1. The outside counsel shall have full au- morning business for 5 minutes. budget crisis. thority to investigate and present evidence and arguments before the Ethics Committee Mr. GOSS. Madam Speaker, I read in Unfortunately, programs like these concerning the questions arising out of the last Friday’s Congress Daily that the are the rule rather than the exception. activities of House Speaker James C. Wright, chairman of the Budget Committee in Of course, Government must lead by Jr.; the other body is looking for between example. That is why I have proposed