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

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1 House of Representatives

are too many lobbyists, too many law- show that the House of Representatives is RULES OF THE HOUSE yers and too many special interests not for sale, I urge you to say no to gifts, say (Continued) with too much influence. They are no to personal gain in the people’s House, and support the gift ban. b 1700 angry because they see Members tak- ing money and gifts from well-con- Mr. BONIOR. Mr. Speaker, I yield 1 Mr. BONIOR. Mr. Speaker, I yield 1 nected insiders and, in some cases, try- minute to the distinguished gentleman minute to the distinguished gentle- ing to use their offices to amass per- from Texas [Mr. GENE GREEN]. woman from Georgia [Ms. MCKINNEY]. sonal wealth. (Mr. GENE GREEN of Texas asked Ms. MCKINNEY. Mr. Speaker, I sup- This is supposed to be the day when and was given permission to revise and port many of the important rules we address the rules Members live by, extend his remarks.) changes being presented here today. yet in the entire Republican rules But, Mr. Speaker, it seems strange to Mr. GENE GREEN of Texas. Mr. package we are considering today there me that the first opportunity that the Speaker, we will soon be voting to is not a single amendment that ad- Republicans get, they start doing what change the way the House operates in dresses any of these issues. I would they have complained about for years. several ways, but it is not enough. suggest to my colleagues on both sides They claim to be willing to open up Later, we will also be considering a bill of the aisle: this body’s proceedings, but the first to bring the Congress into compliance ‘‘If you really care about changing day’s business is being conducted under with many private sector laws that the way Washington works——’’ closed rules. That means that any apply to the rest of the country. The SPEAKER pro tempore (Mr. Democratic ideas, regardless of merit, Last Congress, Mr. Speaker, many of will not even see the light of day. We WALKER). The time of the gentlewoman my Republican colleagues pointed to will start this Congress with business from Missouri [Ms. MCCARTHY) has ex- the closed rules as an example of the pired. as usual and a gag on the voice of tyranny of the majority. It is, there- Mr. BONIOR. Mr. Speaker, I yield 15 Democrats. This is not the way to start fore, disappointing that the Congres- additional seconds to the gentlewoman the 104th Congress. The Republican re- sional Accountability Act, the first bill from Missouri. sort to closed rules is as unbelievable to be considered by this Congress, will PARLIAMENTARY INQUIRY as their last-minute defeat of lobby re- be offered under a closed rule. Open Mr. SOLOMON. Mr. Speaker, I have a form and the gift ban last year. rules allow the minority the oppor- parliamentary inquiry. Mr. Speaker, I say to my colleagues, tunity to amend legislation and to The SPEAKER pro tempore. The gen- ‘‘Saying that this is open debate just allow all points of view to be heard. I tleman will state his parliamentary in- don’t make it so.’’ was led to believe that the House will Mr. BONIOR. Mr. Speaker, I yield 1 quiry. be operating under a more open sys- minute to the distinguished gentle- Mr. SOLOMON. Are we not supposed tem. Today, Mr. Speaker, it is not woman from Missouri [Ms. MCCARTHY]. to yield time in no less than 30-second open. Ms. MCCARTHY. Mr. Speaker, I am increments? one of the new Members of this body The SPEAKER pro tempore. The gen- Despite my disagreement with the the voters elected to change the way tleman from Michigan [Mr. BONIOR] has rule on the bill, I intend to support the Washington works. Many of us cam- control of the time. Congressional Accountability Act. This paigned on the issue of reform. I want Mr. BONIOR. Is that is the package bill is no stranger to those of us who to say to other new Members, ‘‘Don’t that the gentleman is offering? are Democrats because we offered it get cold feet now. We’re considering a Mr. SOLOMON. No, but I will be glad last year, and it passed last year before lot of reforms here today, and I support to put it in. this 100–day blitzkrieg that we are many of them, but let’s be honest. The SPEAKER pro tempore. The gen- going through. I believe extending em- These reforms don’t go nearly far tlewoman from Missouri [Ms. MCCAR- ployee protections is an important and enough. They don’t begin to address THY] may now proceed for 15 additional meaningful step for Congress, and I the real concerns of the American peo- seconds. hope my colleagues on both sides of the ple.’’ Ms. McCARTHY. Mr. Speaker, I say aisle will extend that to all workers in Mr. Speaker, the American people to my colleagues on both sides of the the future. are not angry at Washington because aisle: Mr. BONIOR. Mr. Speaker, I yield 1 there are too many proxy votings in If you really care about changing the way minute to the gentlewoman from Colo- Congress. They are angry because there Washington works, if you really want to rado [Mrs. SCHROEDER].

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 39 H 40 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mrs. SCHROEDER. Well, Mr. Speak- States of America. Suppose your con- Republicans take note, for this is an argu- er, I thank the gentleman from Michi- stituents paid more taxes than each of ment that ought to be dear to GOP hearts: gan [Mr. BONIOR] for yielding this time six states. There is a major difference between the situ- to me, and I want to say many times I How would you feel when you ation of the District and that of the four ter- ritories. It can be summed up in one figure: have voted against my side and voted watched other Members vote on your $1.6 billion. That is the total amount of fed- for open rules, and how disappointed I taxes, and I mean local taxes, my eral income taxes paid each year by resi- am today to find out that we not only friends, vote on your laws, and I mean dents of the District of Columbia. It com- have a gag rule, but we have a choke local laws, my friends, because our pares with $0 from the four territories. And rule because this side has been totally local business comes before this House. it is near the very top compared with con- choked off from offering any kind of The vote to be erased means nothing gressional districts nationwide. amendment or any kind of addition to to this body, but it means everything District residents deserve some consider- the reforms. As I look at this reform to the taxpaying citizens I represent. ation in exchange. Mrs. Norton’s retention of her limited voting powers—which, by the package, I got to say it is reform-light. After all, a re-vote will be taken if del- way, hardly constitute ‘‘representation’’ egate votes are determinative. You b 1710 commensurate with taxation—are worthy of claim that you will democratize this serious discussion. And let’s also begin the Now, you know, there are some House, and in some measure you will, discussion about whether justice wouldn’t be things in there, sure, they are easy, re- but not in this measure. better served by a District whose govern- form them. But the real thing I find I suspect that the denial today is not ment receives no federal payment—but people are angry about is the fact that an act of meanness, but an act rooted whose residents are not taxed by the federal this body operates like a coin operated in the partisanship of the past, rather government, either. legislative machine. They are real than in the events in which you take [From the Washington Post, Nov. 19, 1994] tired of the guys who have the most such pride today. For you, this was a coins to put in being the only one to plot of the Democratic leadership. For- THE THREAT TO D.C.’S HOUSE VOTE get the legislation out. We dealt with get that, my friends. It was my plot, Among the galaxy of rule changes expected that last year. We passed a bill by 311 my memo, my taxpayers. in a Republican House of Representatives votes. We are trying very hard to get next January, one provision deserves to re- My Republican friends, I say to you main on the books. A House rule adopted that in here. today that there is no need to return to early in the current Congress—unanimously We also do not deal with many of the the partisanship of the past now. You opposed by House Republicans—allows D.C. other abuses that have gone on in this have won. Leave it be. Let it rest. Be Del. Eleanor Holmes Norton and representa- place. We already last year put every- as gracious in victory as you have been tives from four U.S. territories to vote in the body under the laws we pass for every- tenacious in earning that victory. Re- House Committee of the Whole, where the one else. So let us not pat ourselves too store the vote to those who live in the bulk of the House’s floor business is con- hard on the back by doing that again, houses, in the neighborhoods, and in ducted. But now the House’s new leadership and let us move on to many other re- says it will revoke the five delegates’ limited the city of the great House of Rep- voting rights. Mrs. Norton has vowed to fight forms we should be dealing with. resentatives. the effort to take away her vote. She de- Mr. BONIOR. Mr. Speaker, I yield 3 Mr. Speaker, editorial opinion from serves to prevail. minutes to the distinguished gentle- one end of the political spectrum to the The voting arrangement, which was Mrs. woman from the District of Columbia other has been unanimous in support of Norton’s idea, was crafted to ensure the [Ms. NORTON]. my right to vote. I submit these edi- House stayed within constitutional bounds. (Ms. NORTON asked and was given torials for printing in the RECORD. Under the new rules and in accordance with the Constitution, the delegates do not enjoy permission to revise and extend her re- [From the Washington Times, Dec. 6, 1994] marks.) full voting privileges. But consistent with TAXATION, REPRESENTATION AND THE the combination of limited powers they al- Mr. NORTON. Mr. Speaker, I thank DISTRICT ready have to introduce legislation, serve the gentleman for yielding. Two years ago, Republicans picked up 10 and vote on standing committees and debate Mr. Speaker, we have heard all day seats in the House of Representatives, de- on the House floor, the House agreed to that this is an historic day. For me and spite the Democratic victory at the top of allow Mrs. Norton and her four colleagues to for the four other delegates, it is his- the ticket. Not long thereafter, D.C. House participate in one more committee—the toric as well. Two years ago, for the Delegate Eleanor Holmes Norton, who had Committee of the Whole. first time ever, our names were added no voting rights in the House, floated a pro- To ensure the prerogatives of the House to the official roster of this House. posal whereby she would be able to partici- were not weakened, the House adopted a fail- pate in all House votes taken in committee, sale device: a member can require that any Today, the rules propose to erase those including the committee of the whole, in Committee of the Whole-passed measure names. which most of the House’s important work is must be voted on a second time in the full The courts would not erase them. done, short of final passage of legislation. House, where Mrs. Norton and the other del- The courts said that the House could Soon, however, the four non-voting terri- egates can’t vote. So the arrangement is be- empower the Delegates. The courts torial delegates to the House—one each from yond legal or constitutional attack. That said that Members could constitu- Puerto Rico, Guam, the U.S. Virgin Islands isn’t only the judgment of the House. A U.S. tionally democratize their own House. and American Samoa—got themselves in- district judge for the D.C. circuit also ac- If the erasures occur, it will be by our cluded in the proposal as well. All five are cepted the merits of the argument, as did the Democrats, as it happens. And Republicans, U.S. Court of Appeals. own hand and by our own rules. with some justification, screamed bloody There are, however, other compelling rea- Oh, that is a bittersweet thing for the murder, accusing the Democrats of trying to sons for the House to leave the District’s Delegates, especially for this Delegate, regain the Democratic majority’s rule-mak- voting privileges intact. There is the matter who represents 600,000 taxpaying citi- ing powers half of what Democrats had lost of fairness. Unlike the inhabitants of the zens. at the polls. U.S. territories, District residents pay Fed- In 1993 I wrote a legal memorandum The delegate-voting proposal was subse- eral income taxes, and on a large scale. The that erased for the first time in 200 quently modified such that in votes by which District ranks third per capita in taxes paid years part of their plight—paying Fed- legislation is sent to the floor of the House to Uncle Sam. Yet when matters critical to from the committee of the whole by less the District (which means every piece of leg- eral taxes while having no representa- than a five-vote margin, another vote must islation passed by the mayor and council) tion on this floor. Today we are told, be held without the participation of the five are before the full House, Mrs. Norton must forget that. Go back to where you delegates. Republicans nevertheless sued, stand by voteless as members from around started. but federal courts ruled, correctly, that the the Nation register their will. Well, we cannot go back, Mr. Speak- House itself is constitutionally empowered The voting arrangement, while severely er. I ask my colleagues to take a leap to propagate such a rule for delegate voting. limited in scope, does give Mrs. Norton the of imagination with me and put your- Well, now there’s a new congressional ma- chance to register the will of more than self in my place. Suppose your con- jority: Republican. So what to do about dele- 600,000 taxpaying Americans in House debate gate voting? No doubt there will substantial as she now does in her committee assign- stituents paid $1.6 billion annually to GOP sentiment for simply undoing what ments. For victorious House Republicans, in the Treasury of the United States. Sup- many regard as a blatant partisan their first exercise of power in 40 years, to pose your constituents were third per powergrab. The matter is worth second take away Mrs. Norton’s voting privileges is capita in Federal taxes in the United thoughts, however. wrong. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 41 [From the Roll Call, Dec. 22, 1994] than the majority whip, the gentleman people were promised an opening day of SAVE NORTON’S VOTE from Sugar Land, TX, Mr. DELAY. sweeping reform and openness in Con- Our first plea to the new GOP majority is Mr. DELAY. Mr. Speaker, I think gress, they instead see the use of re- likely to fall on deaf ears, but we’ll make it this is a very interesting process we strictive rules to prohibit Democrats anyway: Save DC Del. Eleanor Holmes Nor- are going through. Just as we have had from offering amendments to the new ton’s vote on the floor. Unlike the other four to learn to be the majority, I think the so-called reforms. Delegates who represent US territories in minority needs to learn to be the mi- If today were truly the end of busi- the House, Norton represents federal tax- nority. The gentlewoman from Colo- payers, who pay in $1.6 billion every year to ness as usual in Washington, we would the US treasury but now face the loss of even rado is talking about we have gag rules be reading headlines about new their symbolic vote in the House’s Commit- and choke rules, and the gentlewoman progress in the fight to help Americans tee of the Whole. from Missouri said we are not going far find and keep good jobs to provide for Republicans have hated the Delegate vot- enough in reform. I need to remind the their families, not about $4 million ing rights since Democrats first granted minority that they have had 40 years book deals. them two years ago, and when the 104th to do this, 40 years to do these kinds of Americans voted to make sure that opens on Jan. 4, they are fully prepared to reforms, and they chose not to do any take them away. But as Capitol Hill’s only Congress was not for sale. They voted of these. against arrogance, the arrogance of twice-weekly newspaper, we’d be crazy to I also should remind the minority agree. ‘‘No taxation without representation’’ cashing in on public office, of using the still strikes a chord with us. when they were in the majority in just majority to require supermajority the last Congress, they did not put the votes on certain issues, and for open [From the New York Times, Dec. 31, 1994] gift ban nor lobbying reform in their rules that create the open debate we rules of the House. They went through MORE COLONIALISM IN D.C. heard promised today in such glowing the normal legislative process, just as Imagine your outrage if the state where terms. we want to go through the normal leg- you live were suddenly stripped of represen- We have been denied the chance to tation in Congress, even as that very same islative process on a legislative pack- make real news here today. I voted for Congress dictated how local tax dollars were age like the lobbying reform package. the Democratic motion, which will be spent and ran local policy—right down to We do not want it in the rules. garbage collection. But all that aside, when we were in offered again. I hope it will be accepted The taxpayers of Washington D.C. don’t the minority and you were in the ma- by the Republicans this time to revise need to imagine. Taxation without represen- the rules to include a ban on gifts from tation is an insult they live with every day. jority, the first thing we would do would be to come to you with amend- lobbyists and a limit on the income The incoming Republican Congress wants to which Members may receive from the add to this indignity by revoking the Dis- ments to ask you to allow us to put the trict’s largely symbolic vote in the House of amendments in your packages. We re- royalties on book sales. That was the Representatives’ Committee of the Whole. ceived an 18-page amendment on your opportunity for real change. Repub- That is a colonist idea. Washingtonians and motion to commit about 2 minutes be- licans blocked them. their Congressional Delegate, Eleanor fore we voted on it. The SPEAKER pro tempore. (Mr. Holmes Norton, are right to be fuming. So if you will come to us and make WALKER). The gentleman from Michi- With a population of nearly 600,000, the your proposals to us, then maybe we gan [Mr. BONIOR] has 4 minutes remain- District of Columbia has more people than ing, and the gentleman from New York Vermont, Wyoming or Alaska. But it does will accept them. But to just come and [Mr. SOLOMON] has 3 minutes remain- not have a voting representative in Congress. bring proposals to the floor without Although District taxpayers contribute $1.6 even checking with the majority is not ing. The gentleman from New York billion yearly to the Federal Treasury—more going to get you very far. [Mr. SOLOMON] has the right to close. Federal taxes per capita than in all but two Over 60 years ago, this House em- Mr. BONIOR. Mr. Speaker, I yield 1 of the 50 states—Washingtonians must beg to barked on a legislative journey that be- minute to the gentlewoman from New use even their local taxes as they see fit. came known as the New Deal. Today York [Ms. SLAUGHTER]. Congressman from all over the country med- this House is beginning another jour- (Ms. SLAUGHTER asked and was dle in how locally raised taxes are spent. ney. We are in the majority, you are in given permission to revise and extend Two years ago, House Democrats awarded her remarks.) symbolic floor votes to four previously non- the minority. I hope that we can work voting delegates—from the District of Co- together. I hope you will bring us your Ms. SLAUGHTER. Mr. Speaker, I lumbia, Guam, the Virgin Islands and Amer- ideas, and maybe we can include them want to talk about a reform we did ican Samoa—as well as to the resident com- in the package. But do not just come make. Two-and-a-half years ago in the missioner from Puerto Rico. That arrange- up here and throw something out on wake of the problems in the bank and ment allows delegates to vote when the the floor and expect us to accept them the post office, I served as a member of House meets as a ‘‘committee of the whole,’’ out of hand. a bipartisan task force which drafted which is where it does most of its legislating. Mr. BONIOR. Mr. Speaker, I yield House Resolution 423, an unprece- But in cases where the delegates’ votes made dented effort to totally eliminate poli- the crucial difference in a close ballot, an- myself such time as I may consume. other vote would be taken without the dele- Mr. Speaker, I would say to my tics and patronage from the adminis- gates. friend, the gentleman from Texas [Mr. tration of the House support oper- The incoming Speaker of the House, Newt DELAY], whom I like very much and re- ations. I am saddened that on this day Gingrich, would now strip the four delegates spect, he complained about the amount of reform, the new majority proposes a and the commissioner of any vote at all. The of time that we did not provide for him change to go back from professional Republicans were right to resent the Demo- and his colleagues on the motion to re- management and businesslike person- crats’ transparent effort to add to their ma- commit. I might suggest to him that nel policies to the discredited patron- jorities, as well as the wasted time involved age system. in having to repeat close votes. But surely we will be offering the same ban on gifts to lobbyists as well as the book Mr. Gingrich can see the difference between b the District of Columbia and the territories. royalty issue on the next motion to re- 1720 The District pays Federal taxes by the commit, which will be down the road in However, that is what they are pro- truckload; the territories contribute noth- about 5 hours. It is about 20 pages, and posing and they have already started ing. it should be sufficient time for you to to implement it. The incoming Congress swept to victory by digest it, understand it, and maybe you Let me remind Members of what we touting a new federalism, promising to make government work for Americans, not against will accept it. So we hope you will. have accomplished. We have created a them. Mr. Gingrich also promised to make Mr. Speaker, I yield 1 minute to the Director of Non-Legislative and Finan- the House more democratic. A truly demo- gentleman from New Jersey [Mr. cial Services, with a mandate to sweep cratic Congress can hardly justify denying MENENDEZ]. the House clean of waste and fraud and the District one small voice in the body that (Mr. MENENDEZ asked and was inefficiency. We have provided that controls its every move. given permission to revise and extend both the majority and minority parties Mr. SOLOMON. Mr. Speaker, to re- his remarks.) must agree on the selection of the di- spond to the gentlewoman from Colo- Mr. MENENDEZ. Mr. Speaker, it is rector, so that only skill mattered, not rado, I yield 2 minutes to no one better unfortunate that while the American politics. H 42 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Today we turn back from that in (Mr. CAMP asked and was given per- side, when the gentleman spoke of the very short time, and we have already mission to revise and extend his re- diminishment, you begin to diminish started with a totally partisan person marks.) your credible standing as a lady and to administer the House. Mr. CAMP. Mr. Speaker, I thank the gentleman in the House when you act We had an inspector general who was gentleman for yielding time to me. as if you carry the mantle to an open going to report to a bipartisan sub- Mr. Speaker, as we begin work today, process. committee. That is all gone, so there is we have a clear understanding of our When I first came to this Congress 2 no more oversight in a bipartisan way purpose for the next 100 days. We have years ago, I was shocked to see the of the things that happen in this the unique opportunity in this body to Congress being run as an undemocratic House. set partisan politics aside. The people institution. The 103d Congress was a have told us they want things done dif- Mr. Speaker, 21⁄2 years ago in the closed, mismanaged, undemocratic in- wake of the Sergeant-at-Arms Bank ferently in the Congress. stitution. The standing rules of the and the Post Office affairs, I served as They have given a new set of leaders House were continually waived to a member of the bipartisan task force a chance to make things happen, but avoid accountability. they have also issued a firm warning to which drafted House Resolution 423, an Fortunately for the American people, deliver and they are watching closely. unprecedented effort to totally elimi- that was yesterday. Today I am pleased The rules package before us is an im- nate politics and patronage from the that this House will adopt a provision portant first step in fulfilling our com- that I have advocated requiring the administration of House support oper- mitment to make this body account- ations. committee chairmen to make every at- able to those who sent us here. For ex- tempt to abide by the House rules and I am shocked and saddened that on ample, applying the laws everyone else disclose provisions that do not meet this day of reform, that the new major- has to live under to Congress; an audit those rules, therefore requiring a waiv- ity would propose in this package of of the House books and reducing the er by the Committee on Rules. By sim- rules changes to move back from pro- number of committees and staff. ply following the House rules, we will fessional management and business- Our goals have been set, our agenda help bring much needed sunshine, ac- like personnel policies to the discred- is clear, and now it is up to us to meet countability and fiscal responsibility ited patronage system. Yet that’s what those goals and complete our agenda. to this body. they are proposing and have already These first 100 days are going to be hec- The SPEAKER pro tempore. The gen- begun to implement. tic but with unity and bipartisanship, tleman from Michigan [Mr. BONIOR] has Mr. Speaker, let me remind you what they can be historic as well. we had accomplished. Mr. BONIOR. Mr. Speaker, I yield 1 2 minutes remaining; the gentleman from New York [Mr. SOLOMON] has 1 We created a Director of Non-legisla- minute to the distinguished gentleman minute and 15 seconds remaining. tive and Financial Services with the from North Carolina [Mr. WATT]. The gentleman from New York [Mr. mandate to sweep the House clean of Mr. WATT of North Carolina. Mr. SOLOMON] has the right to close debate. waste, fraud, and inefficiency. We pro- Speaker, if we believe in term limits on Mr. BONIOR. Mr. Speaker, I yield 1 vided that both the majority and mi- committee Chairs and limits on proxy minute to the distinguished gentleman nority parties must agree on the selec- voting, then we should vote for it. That from Guam [Mr. UNDERWOOD]. tion of the Director to ensure that only is the majority way. That is the demo- cratic way. (Mr. UNDERWOOD asked and was relevant experience and skills would given permission to revise and extend count, not the politics of those who ap- However, I draw the line when Mem- bers start to diminish the value of my his remarks.) plied. Mr. UNDERWOOD. Mr. Speaker, this Today the new majority proposes to vote by requiring a 60-percent rule on anything. That is not the majority morning 440 voting cards were issued. turn the clock back to an era of one- Five did not work. I got one of those party partisan control over everything way. That is not democracy. That is not any way to treat a minority. right here, courtesy of the new major- in the House from the payroll clerks to ity, which claims to be democratizing the telephone operators. I would submit that it is un-Amer- ican, it is unconstitutional, and the 60- this body. And our reform did not stop there. I rise in strong opposition to the new We created an independent Office of In- percent rule by majority vote is un- American and unconstitutional. I ask majority’s rules that rescind the privi- spector General to be directed and re- you to vote against this idiocy. lege of the Delegates voting in the port to a new bipartisan Subcommittee Mr. SOLOMON. Mr. Speaker, I would Committee of the Whole. This is not an on Administrative Oversight with just caution the previous speaker infringement of States’ rights. The equal representation from each party. about talking about things like un- Delegate vote is purely symbolic. This Today the new majority kills that bi- American. The gentleman did vote for is about the inclusion of 4 million partisan subcommittee and returns to the Democrat rules package last year American citizens who reside in the a partisan oversight committee. which required a two-thirds vote. territories. Is this reform? The SPEAKER pro tempore (Mr. What the Republican majority of the Why is the new majority rolling back WALKER). Has the gentleman yielded congress is saying to these American the bold and totally bipartisan ap- himself time? citizens is something that America proach to managing House support Mr. SOLOMON. No. would never say to the world. Would services? One can only speculate that The SPEAKER pro tempore. The gen- America tell Haiti, Eastern Europe, they were only giving lip service to bi- tleman is out of order. and Russia that in order to build a de- partisan professionalism. Now that Mr. SOLOMON. I will stand out of mocracy, you first start by separating they are in power, they are abandoning order. citizens based on tax status? professionalism and grabbing for the The SPEAKER pro tempore. Does the This country has broken down bar- spoils of victory. gentleman from New York wish to riers of gender, race, poll taxes, in I believe history will judge harshly yield time? order to perfect the American ideal, those who eat their words from the Mr. SOLOMON. Yes. Mr. Speaker, I and it is wrong to turn the clock back past so easily without any sense of yield 1 minute to the gentleman from now. their hypocritical vote to return to the Indiana [Mr. BUYER]. By turning its back on the U.S. citi- discredited spoils system. Mr. BUYER. Mr. Speaker, I rise in zens on Guam and the other territories, I urge my colleagues to defeat this support of the rules package before the Congress is sending a message that rollback to the bad old days. House of Representatives, which is the American citizenship is less important Mr. SOLOMON. Mr. Speaker, I yield 1 fundamental first step toward restor- than the size of our wallets. minute to the gentleman from Michi- ing the accountability of this House to Mr. BONIOR. Mr. Speaker, I yield my gan [Mr. CAMP], a distinguished mem- the American people. remaining minute to the distinguished ber of the Committee on Ways and To my colleagues who have recently gentleman from Vermont [Mr. SAND- Means. participated in this debate on the other ERS]. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 43 (Mr. SANDERS asked and was given promise with the American people to change In addition, Mr. Speaker, requiring a permission to revise and extend his re- this institution. The contract with America is supermajority vote on taxes sets a dangerous marks.) about putting the people back in charge and precedent that could be used to create similar Mr. SANDERS. Mr. Speaker, some of not entrenched politicians. requirements for other controversial issues. If the reforms we are voting today are This reform package contains 23 measures Republicans can require a supermajority for good, and some I have problems with. that will produce a more efficient and account- tax increases, future rules changes would re- The one I want to briefly focus on is able U.S. House of Representatives. Commit- quire a supermajority for such issues as in- the requirement that it will take a 60- tee staffs will be reduced by one-third, and in creasing spending on defense. percent vote to raise personal and cor- some cases obsolete committees will be abol- Finally, Mr. Speaker, the ``Contract With porate income taxes. ished or merged into other committees. Addi- America'' which outlined the 10 legislative ini- Mr. Speaker, the fact of the matter is tionally, the bill referral process has been re- tiatives that the Republican candidates prom- that the current tax system in America vamped so that only one committee will now ised to introduce if they gained a majority in is highly regressive. Tens of millions of have primary jurisdiction over each piece of the House, included a provision to require a working Americans and middle-income legislation. Term limits for committee chairman three-fifths majority in the House for approval Americans are paying a higher percent- and the Speaker will also be imposed. of any tax increase. Now that Republicans are age of their income in taxes than are This package represents the most signifi- in the majority they have reneged on their millionaires. Corporations today in cant overhaul of the rules process since 1974. contract and changed this provision to apply many instances that are very profit- Virtually all committee business will now be only to increases in the most progressive of able, that are taking their jobs to the accessible to the public and the media. The taxes, income and corporate taxes. Increases Third World, are not contributing their horrendous practice of proxy voting will end as in more regressive taxes such as payroll taxes fair share in taxes. will rolling quorums. Additionally, Members will and excise taxes, which hurt low- and middle- Mr. Speaker, it seems to me that if be limited in the number of committees they income Americans the most, could still be ap- we want a fair tax system, an equitable may serve on, and all committee votes will be- proved by a simple majority. tax system, majority vote should rule in allowing the House of Representa- come public record. You may recall Mr. Speaker, that during the tives to raise taxes on the wealthy and In addition to House procedure, this resolu- 1980s, the Republican Administrations fol- on those corporations that are not pay- tion is taxpayer friendly. Under this package, lowed a similar legislative agenda to the cur- ing their fair share of taxes. any income tax increase must now be ap- rent Republican Contract of cutting taxes for The SPEAKER pro tempore. All time proved by a three fifths majority of the House the wealthy, increasing defense spending and has expired for the minority. of Representatives. The provisions relating to trying to balance the budget. However, the The gentleman from New York [Mr. baseline budgeting and limiting tax increases deficit exploded as a result of these policies. SOLOMON] is recognized for 1 minute will help to enforce fiscal discipline in the Con- Trying to recover some of the lost revenues, and 15 seconds. gress. the Republican Administrations increased Mr. SOLOMON. Mr. Speaker, I yield After four decades of one party control, the these kind of regressive taxes which continue myself such time as I may consume. American people have finally had enough. The to hurt middle-income Americans today. Mr. Speaker, we want to expedite American people deserve an open legislative By making the most equitable and progres- this as fast as we can. Mr. Speaker, let process. Most people would agree that the sive taxes subject to a supermajority vote, me just point out that coming next Federal Government is too big and spends too while allowing more regressive taxes, such as will be 20 minutes of debate on eight much. My colleagues on the other side of the excise taxes, to be approved through simple separate sections of title I of this bill. aisle have long believed that big government majority, the Republicans are creating rigid These are the significant changes in is the answer. I do not. This rules package is new fiscal policy and clearly indicating their in- the rules over the rules that we have the first step in an effort to make government tent to repeat the past of protecting wealthy been operating under in the previous more efficient and more accountable. Americans at the expense of working families. Congress, which was the Democratic The Contract with America will put an end to Mr. Speaker, the principle of majority rule is rules package. the tax and spend Congress of the last 40 the very essence of American democracy and Because these are significant years. The contract offers the American peo- must be protected by Members of Congress, changes, we have chosen to at least ple an opportunity to restore the American not sacrificed for political purposes. Therefore, offer the opportunity to vote on each of dream that was lost. Most importantly, this I urge all my colleagues to vote against the the eight, and that is the debate that package will rekindle the trust between the supermajority provision which violates this es- we will be starting on in just a few people and their elected representatives. I sential principle. minutes. urge my colleagues to support the rules pack- Mrs. COLLINS of Illinois. Mr. Speaker, I rise I would just point out in closing that age. today to voice my opposition to the elimination this is the most comprehensive, sweep- Mr. BORSKI. Mr. Speaker, I rise in strong of legislative service organizations [LSO's] in ing reform of this House that we have opposition to the provision requiring a the House of Representatives. known in over 50 years. I would hope supermajority for certain tax increases. This As a member of several invaluable legisla- that the body would support the resolu- provision is unconstitutional, sets a dangerous tive service organizations [LSO's], I know first- tion, after we have finished debating precedent and clearly demonstrates the Re- hand the important role they have played in the individual sections. publican's intent to protect upper-income analyzing and promoting legislation to assist Mr. FRANKS of Connecticut. Mr. Speaker, I Americans at the expense of low- and middle- Members working together on common inter- rise today in full support of the Rules Package income families. ests and in pursuit of common goals. In the for the 104th Congress. Last November, the The ``limitation on tax increases'' provision case of the Congressional Black Caucus American people sent a strong message that would institute, for the first time in the history [CBC] and the Congressional Caucus for it was time for a change in the U.S. Congress. of Congress, a rule requiring a supermajority Women's Issues, LSO's have enabled Ameri- This important package is the first step to- vote for the simple passage of legislation. cans who are significantly underrepresented in wards that change. Implementation of the Such a rule, however, runs contrary to the fun- Congress to have more united and more ef- ``Contract with America'' will help to restore damental democratic principle of majority rule. fective voice in the legislative process. the people's trust in government. The Amer- The Constitution clearly specifies the excep- The impact of the Congressional Black Cau- ican people want a Congress that is account- tional cases in which a supermajority is re- cus has been dramatic as the CBC has able for its actions, not one that hides behind quired. Greater majorities can also be required sought to promote an agenda of equity and the laws it passes. This resolution will provide for procedural motions, like curtailing debate fairness for African-Americans across the for the most open Congress ever. or suspending the rules. Otherwise a simple country. The CBC was instrumental in pas- I believe it is important to show America that majority is the requirement of the Constitution. sage of the Civil Rights Act, promoting sanc- Congress can put its own house in order be- Although the Constitution does give the tions against South Africa, leading the fight for fore dealing with the rest of the Nation's prob- House the power to set its own rules, the disadvantaged business opportunities, ex- lems. This package will curb many of the courts have long made it clear that this does panding the earned income tax credit in the abuses that occurred during the minority par- not mean the House has the authority to President's 1993 budget, pushing for more ty's lengthy control of the House. During the change the basic framework of the Constitu- positive, preventative activities for youth in the campaign, each republican candidate made a tion. crime bill, et cetera. Without the CBC, it is H 44 CONGRESSIONAL RECORD — HOUSE January 4, 1995 questionable whether such significant legisla- today. These include broadening the powers the controversial retroactive tax increases in tive strides could have been made so effec- and staff of the House inspector general, and the Clinton budget behind closed doors, bar- tively. providing him authority to refer any possible ring the press and the public from their pro- The Congressional Caucus for Women's Is- violations to the House Ethics Committee, ceedings. Passage of this package will put an sues has had equally remarkable successes abolishing the Office of the Doorkeeper which end to those shameful days. Under the Re- as a result of working together to further legis- is loaded with hundreds of patronage employ- publican majority, the sun will shine in. lative goals of importance to women and fami- ees; and ensuring congressional compliance In the context of truth and accountability, lies across the country. Historic changes have with Federal laws. A major accounting firm will Republicans have also included in their reform occurred as a result of the work of this impor- also be hired to conduct a comprehensive proposal a truth-in-budgeting requirement tant bipartisan LSO. Medical research prac- audit of the House's finances which will be which will have an enormous impact on the tices at the National Institutes of Health were made public upon completion. public's understanding of Federal spending. changed to better assist women, Federal con- Requiring that Congress complies with the Under past budget rules, an increase in tracting opportunities for women-owned busi- same Federal laws and regulations that apply spending was often called a budget cut if it nesses were improved, funding for fighting to the private workplace has long been a goal wasn't more than inflation and other specified crimes against women and domestic violence of mine. In fact, last Congress I was an origi- increases would cause. That's like saying we was approved, the Safe Access to Clinic En- nal cosponsor of legislation, the Congressional are reducing spending by not spending more trances Act was passed, et cetera. Accountability Act, identical to that included in than we already spend. Mr. Speaker, eliminating LSO's will hurt the today's resolution. The House passed a ver- The new House rule stipulates that if you many Americans who can't afford their own sion of this act near the end of the 103d Con- spend more money in one year than you high-paid lobbyist to argue their cause. The gress, but the measure died because the spent the year before, it is an increase. Congressional Black Caucus, the Hispanic other body failed to consider it. Spending may rise because of an increase in Caucus, and the Congressional Caucus for Passage of this act underscores that no inflation, but the fact is that it will be recog- Women's Issues, to name a few, all represent American should be immune from law or re- nized as an increase. There will be no more groups of Americans who are vastly ceive special treatment in its application. In Mickey Mouse budgeting. In this Congress, underrepresented in the U.S. Congress. In our addition, this act encourages all of us as legis- the truth will be told and the public will know. democratic Nation, all Americans deserve a lators to continue to review the burdens that The final provision of today's historic House voice in Congress and with the elimination of Federal laws place upon us as citizens. The reform package is one that will positively affect these valuable LSO's I am concerned that laws which we apply to Congress today in- the lives of every American by making tax their voices will no longer be heard. And this, clude the Civil Rights Act, the Americans With hikes more difficult. This Congress will require Mr. Speaker, is a reform which we simply can- Disabilities Act, the National Labor Relations a three-fifths vote of the House to pass any in- not afford. Act, the Occupational Safety and Health Act, come tax rate increase and will prohibit retro- Mr. YOUNG of Florida. Mr. Speaker, I rise the Employee Polygraph Protection Act, the active taxation of income. This supermajority today on this momentous occasion to speak to Worker Adjustment and Retraining Notification requirement is quite similar to restrictions vot- this House and the American people about the Act, the Rehabilitation Act, and the United ers have imposed on numerous State legisla- events that have unfolded since the historic States Code on fair labor management rela- tors, and stands in stark contrast to past Dem- November 8 election, and to celebrate the re- tions. ocrat rules which require a supermajority to forms we will enact today. What a difference Reducing the amount of congressional staff cut taxes. Another beneficial aspect of this a day makes. is also a cornerstone of our reform efforts new rule is that any future Congress seeking As a Republican, my entire service as a today. As the ranking Republican of the Legis- to get around it would have to change or Member of Congress has been in a House lative Branch Appropriations Subcommittee waive the rule, providing a warning sign of im- controlled by Democrats. In this time I have during the past Congress, I worked to sub- pending tax boosts. watched as House proceedings became more stantially reduce the number of people in the Mr. Speaker, with this past election we saw and more partisan, and decisions which could Congress' employ. Unfortunately, Democratic the results of an American public outraged effect every American became more secretive intransigence prevented us from enacting any- with the business-as-usual attitude of a Con- and exclusive. I watched the number of com- thing more than a 4-percent reduction over 2 gress controlled by Democrats for 40 years. mittee staff nearly triple while the committees years. Today's resolution reduces the number The message from an electorate tired of false became dominated by special interests and of committee staff personnel alone by one- messages and empty promises was clearÐno unable to respond to public desires. Repub- third, a total of 622, with a potential savings to more. Today's actions are the first step in ful- lican efforts to reform the system, open up the the taxpayer of $70 million over the next 2 filling the promises made in our Contract with deliberation process, and clean up the sloppy years. How's that for a change. America, and represent more congressional internal management and corruption were met Another cost-cutting measure included in to- reform than the public has seen in decades. each time by Democratic arrogance and obsti- day's package eliminates legislative service They are not an end, but a beginning of a nacy. organizations. These Member caucuses which Congress more open, more accountable, and On November 8, an overwhelming majority represent special interests cost the taxpayer more responsible than ever. A Congress of Americans throughout our Nation rallied be- $5 million a year and take up a large amount which will listen to the people, speak frankly in hind principles included in a Republican Con- of office space. In fact, elimination of the response, and spend no more than it needs to tract with America, and demanded that re- LSO's and their 97 staff positions along with serve the people it represents. forms making Congress more accountable and the committee staff reductions may free up Mr. PORTER. Mr. Speaker, I strongly sup- effective be implemented. In the wake of that enough space so that we can sell off an entire port the overall Republican House rules pack- election day, the American people sent a new House office building. age. It makes many badly needed and long majority to Washington, a Republican majority, The Republican reform package we con- overdue reforms in the way this House oper- to answer that demand. I rise today to tell the sider today also makes substantial changes to ates. I believe those reforms will help Con- American people we have heard your call. As the present committee system by cutting three gress regain the confidence of the American we promised in our contract, today we begin House committees and 25 subcommittees, people, something which has been lacking for to deliver. limiting the terms of committee chairs and far too long due to the complacency of pre- While many of the provisions in today's re- banning proxy, or ghost, voting. Not since vious Democratic congressional leaders. How- form package are changes Republicans have 1947 has a standing committee of the House ever, Mr. Speaker, I am concerned about the been promoting for decades, much of our pro- been eliminated. We'll take three, and if Mem- provision in the package which would require posal is the product of several weeks of hard bers wish to vote on legislation in committee, a three-fifths supermajority to pass income tax work which began immediately after the elec- they will have to be present. No longer will rate increases. tion. In fact, the Republican Transition Team, baron committee chairs wield the proxies of Mr. Speaker, the Constitution designates on which I was proud to have served, began absent individuals who feel they have better seven specific instances in which a work almost immediately on changes to the things to do, defeating the efforts of committee supermajority is needed for Congress to take structure and operations of the House. Under members who do their work and care. Finally, action. Those cases include override of a the Republican Open House proposal which committee meetings will be open to the public, presidential veto and the Senate's approval of we released in December, and is included in ensuring fairness and accountability. We can a treaty, among others. Other than those this package, major changes in the House's all recall the day when Democrats in the seven cases, however, the Constitution clearly administrative operations will be adopted House Ways and Means Committee voted for establishes a Congress which operates on the January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 45 basis of simple majority rule. I therefore have Contract With America. The American people changes in the submission of agency perform- great reservations about whether such a provi- will judge us by our success in meeting this ance plans or reports, or agency regulatory sion should pass constitutional muster. This commitment. Let us not fail their trust. plans, reports or reviews as part of the budget obviously, ultimately, would be a question for The process which developed this Rules process; or process changes leading to the re- the judicial branch to be resolved in the package was remarkably open with all Mem- quired adoption of a Federal capital budget or course of litigation challenging the constitu- bers of differing seniority and differing percep- joint capital/operating budget which accounts tionality of our rule. My vote for this change in tions having the opportunity to help draft this for the fixed assets of the United States Gov- our rules, then reluctance and while strongly remarkable reform document. I salute the new ernment. In addition, this paragraph is not in- supportive of the provision preventing retro- Chairman of the Rules Committee, the Honor- tended to provide the Budget Committee with active tax increases, is made with great res- able GERALD SOLOMON, for his openness and jurisdiction over special funds, accounts or ervation regarding the constitutionality of the dedication which produced this product. spending set asides created to reduce the def- provision requiring a supermajority to pass in- I personally experienced Chairman SOLO- icit. come tax rate increases. MON's commitment to openness when I pro- Paragraph (1)(d)(4) of rule X is intended to Mr. BLILEY. Mr. Speaker, I rise in support posed a ban on commemorative. This Rules provide the Budget Committee with jurisdiction of H. Res. 6 adopting the Rules of the House package prohibits the introduction or consider- over measures to control spending, the deficit, of Representatives for the 104th Congress. ation of any amendment, resolution or bill that or the Federal budget. The Budget Commit- This bill adopts many changes in the Commit- expresses any commemoration of any speci- tee's jurisdiction will include the establishment, tee system, particularly in the provisions of fied time period. The days will finally end extension and enforcement of mandatory and Rule 10 that govern the respective jurisdic- when the Congress spends the people's time discretionary spending limits; Pay-As-You-Go tions of the Committee on Commerce and the considering such legislation as ``Mule Appre- requirements for legislation that increases the Committee on Banking and Financial Services. ciation Day.'' Chairman SOLOMON welcomed deficit; and special budgetary mechanisms to The language of proposed rule X governing my suggestion to prohibit commemorative leg- control spending, the deficit or the Federal the jurisdiction of the Banking and Financial islation and committed himself to working with budget. The Budget Committee will have juris- Services Committee makes clear that the me on it. I am proud to have drafted the lan- diction over Federal sequestrations, including Banking Committee has primary authority to guage which served as the base for the legis- sequestration rules, special rules and exemp- review legislation that governs bank securities lative language included in the bill for consid- tions. The Budget Committee is intended to activities. The Rule draws an exception to that eration today. have jurisdiction over the selection of pro- jurisdiction, however, that reflects the oper- I also want to express my thanks to my new grams subject to spending controls, the deter- ation of existing law. The activities of any freshman colleagues who have made the mination of the numerical level of those con- bank, any separately identifiable department commemorative ban a reality. You freshman trols, and the enforcement of the controls. or division of a bank, any affiliates of a bank, have provided us with the majority to pass this Paragraph (1)(g)(4) of rule X is intended to or any persons associated with a bank or affili- reform bill and you freshmen have made this retain the Committee on Government Reform ate, for example broker/dealers, municipal se- proposal a priority by obtaining the Republican and Oversight's legislative jurisdiction over: curities dealers, or mutual funds just to name Conference's endorsement of a commemora- measures relating to process changes in Fed- three, that are regulated under the Federal se- tive ban. Thank you all very much. eral rescission or impoundment authority; curities laws, will continue to be subject to the I am proud to have played a small role in measures relating to Executive agency budg- primary legislative jurisdiction of the Com- developing this remarkable legislation. I urge eting, including the submission of agency per- merce Committee. This is what is referred to my colleagues to join me in voting to keep our formance reports or plans, or agency regu- as functional regulation. promises, to listen to the American people and latory plans, reports or reviews as part of the Furthermore, recognizing the particular na- to support genuine reform. My colleagues, Federal budget process; measures relating to ture of institutions whose deposits are insured please join me in voting ``yes'' for this vital leg- Executive agency financial management; and by the Federal Government, there is an ex- islation. process changes leading to the required adop- ception to this exception. The Banking Com- Mr. ARMEY. Mr. Speaker, this agreement tion of a Federal capital budget or joint capital/ mittee will share jurisdiction over these entities addresses the intent of the Chairman of the operating budget which accounts for the fixed regulated under the securities laws with re- Committee on the Budget and the Chairman assets of the United States Government. In gards to legislative provisions that are in- of the Committee on Government Reform and addition, the Committee on Government Re- tended to protect the safety and soundness of Oversight concerning the jurisdiction of each form and Oversight retains jurisdiction over the depository institution. committee over the congressional budget special funds, accounts and spending set I favor this approach to the jurisdiction of process. It is not intended to address jurisdic- asides created to reduce the deficit. the respective Committees because it reflects tional issues involving the budget process be- Mr. SOLOMON. Mr. Speaker, at this an agreement reached by and between me tween the Committee on the Budget and the time, I yield back the balance of my and my two good friends, Speaker GINGRICH Committee on Rules. time, and expect to go on to title I of and Chairman LEACH. It is may hope that the Paragraph (1)(d)(2) of rule X, relating to all the bill. wording of H. Res. 6 will result in an elimi- concurrent resolutions on the budget and The SPEAKER pro tempore. All time nation of the bottlenecks that have prevented other measures setting forth budget totals for for initial debate has expired. the House from passing comprehensive finan- the United States, affords the Budget Commit- Pursuant to House Resolution 5 the cial services reform legislation. It is of critical tee legislative jurisdiction over the establish- question is divided among each of the importance that the regulation of the financial ment and adoption of the congressional budg- eight sections of title I and title II, and services industry be reformed to allow banks et resolution, whether joint or concurrent. This the previous question is ordered on to enter the securities business and brokers to extends to any statement setting forth a bal- each portion of the divided question. enter the banking business on an equal foot- anced budget as required by an amendment Section 101 is now debatable for 20 ing. I look forward to cooperating with Chair- to the United States Constitution, or a capital minutes. The gentleman from Michi- man LEACH in enacting legislation to accom- budget or joint/capital operating budget, if gan [Mr. CHRYSLER] will be recognized plish that goal during the 104th Congress. mandated. for 10 minutes, and the gentleman from Mr. BONILLA. Mr. Speaker, I rise in support Paragraph (1)(d)(3) of rule X affirms the Michigan [Mr. BONIOR] will be recog- of the Rules package under consideration Budget Committee's primary jurisdiction over nized for 10 minutes. today. I urge my colleagues to support this budget terminology and secondary jurisdiction The Chair recognizes the gentleman package because it represent real reform. Re- over other elements of the congressional from Michigan [Mr. CHRYSLER]. form I have been calling for since my first budget process, such as those currently pro- (Mr. CHRYSLER asked and was given election 2 years ago. Reform the American vided for in the Congressional Budget Act. permission to revise and extend his re- people have been calling forÐfor far too long. This includes: The budget resolution, timetable marks.) This Rules package contains reforms prom- and accompanying report language; commit- Mr. CHRYSLER. Mr. Speaker, I yield ised in the Contract With America and its pas- tee allocations; and the reconciliation process. myself such time as I may consume. sage will represent a promise keptÐa refresh- This paragraph is not, however, intended to Mr. Speaker, in 1994 I pledged to my ing change for Congress. Let each and every provide the Budget Committee with jurisdiction constituents that we would restore ac- one of us here in Congress today recommit over the following: process changes in Federal countability and responsibility to the ourselves to keeping the promise made in the rescission or impoundment authority; process U.S. House of Representatives. Today H 46 CONGRESSIONAL RECORD — HOUSE January 4, 1995 we embark on that journey. The Amer- The American people know that ing this in a fair and judicious manner ican people were sincere in their de- wasteful, inefficient Government here today or explain why it was not mand for change for this country, and spending, leading to huge deficits and addressed in this rule change. their Government in particular. debts, is not an acceptable legacy to Here is something that is important In response to this clarion call for a leave our children and our grand- to the American people. As small busi- change, the 104th Congress will not just children. nesses are tightening their belts, farm- change its politics, but more impor- This rule change does three signifi- ers are trying to make decisions to in- tantly, we will restore the bonds of cant things: vest now or cut back for investments trust between the people and their First and most important, it fulfills later, families are sitting down at the elected representatives. If we are to promises made by myself and many of end of every month to make decisions change the Federal Government as the my colleagues to the American people. on their budgets, and many of us are American people have asked us to do, This starts the long process of restor- cutting back on our personal staffs, then we must begin with ourselves. We ing the integrity of this institution why can there not be a provision in can not and must not ask any depart- that was envisioned by our Founding this bill to allow that money to go di- ment or branch of Government to do Fathers. rectly to the U.S. Treasury? That anything that we are not willing to do Second, this rule forces Members of might encourage other Members to do ourselves. Congress to set an example for the rest so. It will take a smaller Congress and of Government. This institution can The SPEAKER pro tempore. The committee structure that can act deci- and will be run more efficiently. time of the gentleman from California sively to accomplish all of the things Third, this rule will save the tax- [Mr. THOMAS] has expired. that will be necessary to fulfill our payers of this Nation millions of dol- Mr. ROEMER. Do I get an answer, Contract With America in the next 99 lars annually. Mr. Speaker? days. It is an honor and a privilege to serve The SPEAKER pro tempore. The A streamlined Congress is integral to our country as a part of this Congress. time of the gentleman has expired. an efficient Congress. When this debate This privilege brings with it an awe- Mr. THOMAS. If the gentleman gets is over, this bill passed, committees some responsibility that I take very se- time on his side, I will be happy to re- riously. spond, Mr. Speaker. eliminated, and committee staff re- If we in this Congress are to bring The SPEAKER pro tempore. The duced, I am confident that the House of about the significant changes de- time of the gentleman has expired. Representatives will be a more effec- manded by the American people, we The gentleman from Michigan [Mr. tive and efficient institution. must start with ourselves. That is why CHRYSLER] is recognized to yield time. Mr. Speaker, I reserve the balance of today I speak in support of this rule Mr. CHRYSLER. Mr. Speaker, I yield my time. change designed to do what the people 1 minute to the gentleman from Vir- Mr. BONIOR. Mr. Speaker, I yield 1 have demanded—make a smaller Gov- ginia [Mr. DAVIS]. minute to the distinguished gentleman ernment that runs more efficiently and (Mr. DAVIS asked and was given per- from Illinois [Mr. EVANS]. costs less. mission to revise and extend his re- Mr. EVANS. Mr. Speaker, a vote for Mr. BONIOR. Mr. Speaker, I yield 2 marks.) the three-fifths tax proposal is a vote minutes to the distinguished gen- Mr. DAVIS. Mr. Speaker, a key in- to keep the gravy train running for fat tleman from Indiana [Mr. ROEMER]. gredient of the new Republican major- cats and millionaires. It will make it Mr. ROEMER. Mr. Speaker, I would ity’s rules package is the elimination more difficult to lift the burden off like to begin my remarks by applaud- of approximately 30 subcommittees in those who need tax relief most, work- ing the majority for a host of the re- the House of Representatives. There ing Americans. forms that they have put forward for us were 101 House subcommittees in the Under this proposal, it will be much to consider here today. Among them, 103d Congress. Today, under the new tougher to touch the $200 billion a year the reductions in committee staff, ban- Republican majority in the 104th Con- in corporate welfare that big business ning proxy voting, and limiting the gress, the House will function with 30 is handed through tax loopholes and tenure of chairmen. I think many of percent fewer subcommittees. tax exemptions, and tax fairness will these proposals are moving this Con- Fewer subcommittees will help to be harder to achieve because this pro- gress and this country in the right di- consolidate decision-making and im- posal will put a virtual lock on tax rection. pair the ability of special interests to cuts that the super-rich received in the I am disappointed, however, in an dominate the agendas of committees. 1980’s. area where there is a glaring omission The end of proxy voting in subcommit- The new majority should be embar- and a gaping inconsistency and I would tees will mean that Members of Con- rassed that it is promoting a middle- hope that we could dialog here on the gress must show up to work and vote in class tax break while pushing changes floor even though it is a closed rule to person. Further, Members will be lim- that will make it more difficult to ob- see if you might be receptive to some ited to serving on no more than four tain tax fairness. type of cooperation on this in the fu- subcommittees and, when those sub- I urge a ‘‘no’’ vote for this misguided ture. committees meet, the public will be in- proposal. I have introduced legislation in the vited. The SPEAKER pro tempore. (Mr. previous Congress, H.R. 1945, that was Mr. Speaker, the subcommittee re- WALKER). The gentleman from Michi- cosponsored by the gentleman from forms that the House will vote on gan [Mr. CHRYSLER] is in control of the Michigan [Mr. UPTON] on your side, the today will mean fewer staff, less tax- time. Does he wish to yield? gentleman from Georgia [Mr. KINGS- payer money expended on duplicative Mr. CHRYSLER. Mr. Speaker, I yield TON], the gentleman from New York and unnecessary staff and office ex- 1 minute to the gentleman from Wis- [Mr. SOLOMON] and many others that penses, less bureaucracy, less gridlock, consin [Mr. NEUMANN]. would have taken excess funds from less special interest power, and more (Mr. NEUMANN asked and was given our personal offices when we saved accountability to the voters. These re- permission to revise and extend his re- them and applied those directly to the forms are long overdue, and they de- marks.) U.S. Treasury so that we can reduce serve our support. Mr. NEUMANN. Mr. Speaker, I thank the deficit. Mr. BONIOR. Mr. Speaker, I yield the gentleman from Michigan for yield- I have returned over $650,000 in the myself 30 seconds, just to add to what ing me the time. last 4 years. I think many other Mem- the distinguished gentleman from Vir- On November 8, 1994, the American bers in this body have done better than ginia has just stated and to make the people sent a loud, clear directive to I have done and should be applauded point that the reduction in subcommit- Washington, DC. for those efforts. But I would hope that tees and full committees was started in The people have demanded a smaller this contingency fund would be ad- the last Congress by the Democratic Government that runs more efficiently dressed in this proposal. I would hope Party. We eliminated 16 subcommit- and costs less money. that you would be receptive to address- tees in that Congress again and we January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 47 also, as Members know, eliminated 4 taken away from the central source, or In 1950 this body functioned with 93 committees in that Congress as well. whether it is from the Education Com- committees and subcommittees. Today What is happening today is not new mittee, I would say to the distin- there are 185 committees and sub- but in some instances is welcomed. guished Whip we only get about 23 committees, twice as many as in 1950. Mr. Speaker, I yield 2 minutes to the cents out of every $1 down to edu- Between 1945 and 1993 the number of distinguished gentleman from New cation. I have a head of a committee committee staff grew from 159 employ- York [Mr. SCHUMER]. that is in charge of about $30 billion, ees to 2,231, an increase of more than (Mr. SCHUMER asked and was given but if I have $1 billion for say child nu- 1,300 percent. permission to revise and extend his re- trition, and I divide that into 52 States, The American people demand that marks.) and every city in that State has serv- Congress lead the way in reducing the Mr. SCHUMER. Mr. Speaker, let me ices, then I have 40 programs for chil- size of Government. The people of the say that in this package, there is really dren’s nutrition, and all of those have First Congressional District in Ken- less than meets the eye. There is not a bureaucracy which takes away the tucky and all over this country want very much wrong with it. The problem benefit. an efficient and responsive Govern- is not what is in the package but what What I am trying to do is get the ment. But good government does not is not in the package. money down to the children and into necessarily have to mean big govern- The problem is that after every one the classrooms and pay for the teach- ment. of these reforms is passed, the lives of ers. Let us eliminate the bureaucracy. That is why I stand here today to the average American will not be made support reform proposals to reduce very much better. And so any claims If Head Start works, let us get it fully funded. If child nutrition works, let us committee staff by one-third, to elimi- that the millennium has arrived be- nate three standing committees and 25 cause we have passed something like fund it. But what we need to do is to eliminate the middleman, and in this subcommittees. I urge Members’ sup- this are grossly overstated. It is not port. that it is bad, it is just that the claims case the Federal employees, the staff that is taking away and causing tax Mr. CHRYSLER. Mr. Speaker, I for it are exaggerated. would like to thank my colleague from Let us go through them one by one. dollars and, yes, Federal pensions down the line, let us eliminate them and I Michigan, Mr. DAVID BONIOR, for his Cutting committee staff by one- kind remarks. think that will help. third. Fine. But what about the mil- Mr. Speaker, I yield 4 minutes to the lions of Americans who either do not Mr. BONIOR. Mr. Speaker, I yield gentleman from California [Mr. THOM- have jobs or the tens of millions with myself 30 seconds just to say to my AS]. friend from Michigan [Mr. CHRYSLER], I job insecurity? Mr. BONIOR. Mr. Speaker, I yield 30 have not had the chance to congratu- Baseline budgeting. Great. But you seconds to the gentleman from Califor- have still got to cut. You cannot just late him. He is a new Member from our nia [Mr. THOMAS]. State, and I congratulate him on his change the baseline. (Mr. THOMAS asked and was given Term limits for committee chairmen. election and for being with us today, permission to revise and extend his re- It does not matter how long they stay. and for the outstanding way he is han- marks.) It is how good they are. If they are dling this portion of the debate. Mr. THOMAS. Mr. Speaker, I thank good, they should stay a long time. If Mr. Speaker, I yield 1 minute to the the gentleman from Michigan for yield- they are bad, three terms is too many. distinguished gentleman from Penn- ing me the time. Opening all meetings to the public. sylvania [Mr. FATTAH], another new Mr. Speaker, it is interesting that as That is already done. Member. the new minority the Democrats, in Three-fifths voting for tax increases. Mr. FATTAH. Mr. Speaker, I had not terms of complaining about process, Well, does this mean that we are going planned to speak today on the first day have failed to really address one of the to see taxes simply reduced on the in the midst of what probably appears rich? What about saying that we should more fundamental reforms which is to most Americans as partisan games- clearly in front of them. Long before not reduce taxes on people who make manship. I do, however, think there is above $250,000 without three-fifths so it we wound up winning we said that this something sinister about one particu- institution should give first, that one is harder to reduce taxes on the very lar part of this reform package, and rich and we can make sure the tax cuts of the things we should do is cut back that is on this that has been called a on the size of committees. We tried a go to the middle class who we are sup- historic day that there are Members of posedly all talking about? number of initiatives when you folks this Congress who are going to cast a were in the majority and we failed mis- b 1740 vote to deny the U.S. citizens in the erably. District of Columbia and in the terri- Audit of the House, no problem. Fi- We simply said we are going to cut nally, the remainder of the rules pack- tories their voice and their vote on the staff by one-third. Is one-third a ra- age is all rather trivial. floor of this House. tional number? Is it going to cause real So the bottom line, my colleagues, is Being a Congressman from Philadel- problems? We have discovered that it is very, very simple. This package is a phia where we see people talk about it not very difficult to cut by one-third. small step forward, fine. I welcome it being the birthplace of our democracy, We are cutting staffing by one-third. and I will vote for much of it. But any- I would not want to be silent at a mo- We are probably going to do better one who goes away saying the millen- ment like this. I think that it is wrong. than that, actually, as we assign the nium has arrived, that this is a revolu- I think as we think about the tax- numbers to the various committees. tion or that the average citizen in Peo- payers here, and the young people in We also shrank the number of com- ria, IL, or in Yakima, WA, is going to Guam and the other territories who mittees. Did we shrink enough commit- be better tomorrow because this pack- have fought and died for the freedoms tees? Did we eliminate enough commit- age has passed is sadly mistaken. of this land, for any of us to feel com- tees? We do not know. What we said Mr. CHRYSLER. Mr. Speaker, I yield fortable with casting a vote to take was at the outset we would cut them 1 minute to the gentleman from Cali- away their voice on this floor, that is by one-third. That is our initial offer. I fornia [Mr. CUNNINGHAM]. wrong. believe by the end of the 104th we are (Mr. CUNNINGHAM asked and was Mr. CHRYSLER. Mr. Speaker, I yield going to find that we can do better given permission to revise and extend 1 minute to the gentleman from Ken- than that. Democrat Members are com- his remarks.) tucky [Mr. WHITFIELD]. plaining because we do not do more. Mr. CUNNINGHAM. Mr. Speaker, I Mr. WHITFIELD. Mr. Speaker, I be- Why did they not do it when they had thank the gentleman for yielding me came a Member of the 104th Congress the chance? this time. to develop a sincere way of changing The gentleman from Indiana men- Mr. Speaker, to cut committees, Congress as we have known it through- tioned the contingent fund. He needs to whether it is a profit margin in a busi- out these years. Part of that change in- know his party eliminated the contin- ness or whether it is the burden of clos- cludes shrinking the bureaucracy with- gent fund as an appropriation item sev- ing bases or the infrastructure this has in Congress itself. eral Congresses ago. The rules changes H 48 CONGRESSIONAL RECORD — HOUSE January 4, 1995 also eliminate references to the so- directed to the United States Treasury ity to hold the majority hostage—today on called contingent fund in this section out of our accounts. tax hikes, tomorrow on economy bills, etc. It as well as in the section regarding the Mr. THOMAS. I would tell the gen- is dangerous for one side to use an improper jurisdiction of the Committee on House tleman that, as the ranking member of weapon against the other side, encouraging Oversight. No change, however, is in- the Committee on House Administra- each side to use it in the future, to the det- riment of the general welfare. tended regarding the Committee on tion in the last Congress, I have Sincerely, Oversight’s jurisdiction over the ac- worked over the years to make sure JAMES MACGREGOR BURNS, counts that comprised the contingent that the Members’ accounts were not Woodrow Wilson Professor of fund. Similarly regarding privileged re- only more flexible but that there was Government, Emeritus. ports, the Committee on Oversight will not more spending than was necessary. Mr. BONIOR. Mr. Speaker, I yield 1 continue to have leave to report at any As the chairman of the Committee on minute to the distinguished gentleman time on matters of expenditure of the House Oversight, which is the continu- from Georgia [Mr. DEAL]. accounts that comprised the contin- ation of the former Committee on Mr. DEAL. Mr. Speaker, I thank the gent fund, such as the committee fund- House Administration, your concern gentleman for yielding me this time. ing resolution. about Members’ accounts is going to be Mr. Speaker, I rise in support of this The gentleman from Indiana wanted addressed by this new majority, and amendment. to know why if he saved money out of legislation is being drafted as we speak Mr. Speaker, people all over this his account it could not be returned to to get to a problem which we have both the Treasury. I will tell the gentleman shared under the previous majority, we country now are contemplating going that I am sympathetic with that posi- tried to get them to change over and on a diet after feasting during the holi- tion, but it is much more difficult than over again and they would not. day season. I think it is only appro- that, because in the past the Appro- We are going to. priate that this body consider doing priations Committee did not fund 100 Mr. BONIOR. Mr. Speaker, I yield 1 the same thing. percent of the expenditures available minute to the distinguished gentle- Two years ago there were some 2,231 to Members. They funded about 90 per- woman from California [Ms. PELOSI]. House committee staffers. That is more cent of it, assuming Members would Ms. PELOSI. Mr. Speaker, I rise in than five committee staff people for not spend the 100 percent amount. If opposition to the proposed House rule every Member of this body. the gentleman spent 85 percent, he was to impose a supermajority—60 percent In the next few months we are going funding those who spent 95 percent, of Members voting—requirement for to be asking the American people to go and therefore if every Member spent tax rate increases. I believe this pro- on a diet as we seek to reduce Federal the maximum amount available to posed rule is inconsistent with the oath spending and cut back on Federal pro- them, in fact, that fund would be over- we took earlier today to support and grams that affect them. Have you ever spent. So in reality the Member does defend the Constitution of the United seen an advertisement for a weight loss not get a pile of money out of which States. The Constitution clearly states program where the spokesperson was they spend. There is a general amount that decisions of the Congress are to be overweight? How can we, with any available. The Members draw on that based on majority rule. This proposed sense of responsibility, talk about a amount, and that amount is signifi- House rule is in clear violation of the balanced budget and deficit reductions cantly less than the total amount constitutional principle of majority unless we first show some responsibil- available for all Members to spend. rule which is at the core of our democ- ity in reducing the size of House com- I am more than willing to work with racy. mittee staffs and, in the process, save the gentleman in trying to resolve the Mr. Speaker, this Congress will con- approximately $30 million per year in problem of Members who husband their sider fundamental issues about taxing the process? resources in a meaningful way, having and spending. Such decisions are the I rise in support of this proposal. it go to a worthwhile cause more so central responsibility of a democrat- Mr. BONIOR. Mr. Speaker, I yield the than someone else who is more prof- ically elected Congress. remainder of my time, 1 minute, to the ligate with the taxpayers’ money. I am This proposed rule is designed to gentleman from Texas [Mr. BENTSEN]. open to any suggestions and am more stack the deck against tax increases (Mr. BENTSEN asked and was given than willing to work with the gen- for the wealthiest Americans while at permission to revise and extend his re- tleman from Indiana to carry out the the same time imposing no such re- marks.) goal and the thrust of his concern, and quirement for increased user fees or ex- Mr. BENTSEN. I applaud the House that is to make sure that Members who cise taxes, which disproportionately af- for undertaking these proposals, many husband the taxpayers’ resources some- fect low and middle income Americans. of which I campaigned for and many of how get rewarded instead of being fod- As a result, progressive taxation would which I support and will support today. der for those who overspend. require a supermajority while regres- But I have to agree with my col- Mr. ROEMER. Mr. Speaker, will the sive taxation would not. The Repub- league from Indiana that I think we gentleman yield? lican Party has a long history of acting should include his legislation to make Mr. THOMAS. I yield to the gen- to protect the wealthiest Americans at some of these cuts real. tleman from Indiana. the expense of average Americans. This Unlike my colleagues in the major- Mr. ROEMER. Mr. Speaker, I am proposal is Republican business as ity, I have gone beyond supporting cuts happy with the gentleman’s coopera- usual. in committee staff to making cuts in tive spirit here, but would say he is WILLIAMS COLLEGE, my personal staff, and that is hard to willing to tackle the committee staff Williamstown, MA, January 3, 1995. do as a new Member. I think it is im- reductions, and I applaud that and will Hon. NEWT GINGRICH, portant, and like my new colleague vote for that, but we should also tackle House of Representatives, from Kentucky who spoke from the Washington, DC. the personal staff issue. For Members other side of the well said today, it is DEAR MR. GINGRICH: As a fellow historian important we show the American peo- like myself and many others who have and political scientist, may I urge you not to returned $650,000 through the years, we go ahead with the proposal to amend rules to ple we are willing to lead on cutting do not want that money spent on other require a three-fifths vote to increase in- the deficit. I have taken that; the gen- Members going over their mail ac- come tax rates. tleman from Indiana has offered legis- counts. As a matter of principle, majority rule lies lation which would do that, and I think at the heart of our democracy. It is the most we should include it. b 1750 representative process; and departure from it Mr. CHRYSLER. Mr. Speaker, I yield When you decipher what you have grants authority to a minority—the antith- myself 30 seconds, the remainder of my just said, we want to be able to have esis of democratic society. time. As a matter of practicality it is the most that money go to the U.S. Treasury, representative process that also permits de- Today we will put an end to confus- and a simple sentence in this provision, cisive action, under a two-party system. ing, overlapping committee jurisdic- if it was not a closed rule, could say As a matter of propriety, bypassing major- tions. Three full committees and 25 unspent personal office funds shall be ity rule would set a precedent for any minor- subcommittees will be eliminated; January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 49 today we will cut staff 34 percent, sav- Lewis (GA) Oxley Smith (MI) PERSONAL EXPLANATION Lewis (KY) Packard Smith (NJ) ing the taxpayers almost $45 million. Lightfoot Pallone Smith (TX) Mr. CLINGER. Mr. Speaker, I regrettably I am pleased to be part of the begin- Linder Parker Smith (WA) missed rollcall vote No. 6, requiring committee ning of this process. Lipinski Pastor Solomon staff reductions of 33 percent. If I had been The SPEAKER pro tempore. The Livingston Paxon Souder LoBiondo Payne (NJ) Spence present, I would have voted ``yea.'' time of the gentleman has expired. All Lofgren Payne (VA) Spratt I strongly support section 101 of the House time has expired. Longley Pelosi Stark Rules committee reducing committee staff by The question is on section 101 of the Lowey Peterson (FL) Stearns Lucas Peterson (MN) Stenholm one-third. As chairman of the Government Re- resolution. Luther Petri Stockman form and Oversight Committee, I feel this is a The question was taken; and the Maloney Pickett Stokes reasonable provision that allows Congress to Speaker pro tempore announced that Manton Pombo Studds set an example while saving tax dollars. Al- the ayes appeared to have it. Manzullo Pomeroy Stump Markey Porter Stupak though the Government Reform and Oversight Mr. CHRYSLER. Mr. Speaker, I de- Martinez Portman Talent Committee absorbed the Government Oper- mand the yeas and nays. Martini Poshard Tanner ations, District of Columbia, and Post Office The yeas and nays were ordered. Mascara Pryce Tate and Civil Service Committees, we have suc- The vote was taken by electronic de- Matsui Quillen Tauzin McCarthy Quinn Taylor (MS) cessfully managed to cut the committee's staff vice, and there were—yeas 416, nays 12, McCollum Radanovich Taylor (NC) by nearly 50 percent without jeopardizing its not voting 5, as follows: McCrery Rahall Tejeda McDade Ramstad Thomas capacity to carry out its legislative and over- [Roll No. 6] McDermott Rangel Thompson sight functions. I support this measure be- YEAS—416 McHale Reed Thornberry McHugh Regula Thornton cause it sends a strong signal to the American Ackerman Costello Goodling McInnis Reynolds Thurman people that we are serious about making the Allard Cox Gordon McIntosh Richardson Tiahrt Andrews Coyne Goss Federal Government cost less and work bet- McKeon Riggs Torkildsen Archer Cramer Graham McKinney Rivers Torres ter. Armey Crane Green McNulty Roberts Torricelli The SPEAKER pro tempore (Mr. Bachus Crapo Greenwood Meehan Roemer Towns Baesler Cremeans Gunderson DREIER). Section 102 is now debatable Menendez Rogers Traficant Baker (CA) Cunningham Gutierrez for 20 minutes. Metcalf Rohrabacher Tucker Baker (LA) Danner Gutknecht Meyers Ros-Lehtinen Upton The gentleman from South Carolina Baldacci Davis Hall (OH) Mfume Rose Vento Ballenger de la Garza Hall (TX) [Mr. SANFORD] will be recognized for 10 Mica Roth Visclosky Barcia Deal Hamilton minutes, and the gentlewoman from Miller (CA) Roybal-Allard Volkmer Barr DeFazio Hancock Miller (FL) Royce Vucanovich Connecticut [Ms. DELAURO] will be rec- Barrett (NE) DeLauro Hansen Mineta Rush Waldholtz Barrett (WI) DeLay Harman ognized for 10 minutes. Minge Sabo Walker Bartlett Deutsch Hastert The Chair recognizes the gentleman Mink Salmon Walsh Barton Diaz-Balart Hastings (WA) Moakley Sanders Wamp from South Carolina [Mr. SANFORD]. Bass Dickey Hayes Molinari Sanford Ward Bateman Dicks Hayworth Mr. SANFORD. Mr. Speaker, I yield Mollohan Sawyer Waters Becerra Dingell Hefley myself such time as I may consume. Montgomery Saxton Watt (NC) Beilenson Dixon Hefner Moorhead Scarborough Waxman (Mr. SANFORD asked and was given Bentsen Doggett Heineman Moran Schaefer Weldon (FL) Bereuter Dooley Herger permission to revise and extend his re- Morella Schiff Weldon (PA) Berman Doolittle Hilleary marks.) Murtha Schroeder Weller Bevill Dornan Hinchey Myers Schumer White Mr. SANFORD. Mr. Speaker, my par- Bilbray Doyle Hobson Myrick Scott Whitfield Bilirakis Dreier Hoekstra ents raised me to tell the truth. They Nadler Seastrand Wicker Bishop Duncan Hoke taught me that hiding behind mislead- Neal Sensenbrenner Wilson Bliley Dunn Holden Nethercutt Serrano Wise ing words was the same as telling a lie, Blute Durbin Horn Neumann Shadegg Wolf Boehlert Edwards Hostettler and as our Nation is threatened by the Ney Shaw Woolsey Boehner Ehlers Houghton debt as it spirals out of control, and as Norwood Shays Wyden Bonilla Ehrlich Hoyer Nussle Shuster Yates I look at my two small boys, I realize Bonior Emerson Hunter Oberstar Sisisky Young (AK) Bono Engel Hutchinson that they, and maybe even their chil- Obey Skaggs Young (FL) Borski English Hyde dren, will have to pay for our refusing Olver Skeen Zeliff Boucher Ensign Inglis Ortiz Skelton Zimmer to meet our responsibilities. Brewster Eshoo Istook Orton Slaughter The question before us though is Browder Evans Jackson-Lee Brown (CA) Everett Jacobs NAYS—12 what do we do about it? One of the Brown (FL) Ewing Jefferson Abercrombie Fattah Meek things we can do today is pass this Brown (OH) Farr Johnson (CT) Clyburn Hastings (FL) Owens rules change. Brownback Fawell Johnson (SD) Collins (MI) Hilliard Williams Bryant (TN) Fazio Johnson, E.B. As my colleagues know, for years we Dellums Johnston Wynn Bryant (TX) Fields (LA) Johnson, Sam heard about budget cuts, yet spending Bunn Fields (TX) Jones NOT VOTING—5 keeps growing bigger, Why is that? Bunning Filner Kanjorski Clinger Frelinghuysen Velazquez Burr Flake Kaptur Well, in the past, Mr. Speaker, the way Cubin Roukema Burton Flanagan Kasich Congress worked was that, if we had Buyer Foglietta Kelly b 1811 $150 billion of proposed new increases Callahan Foley Kennedy (MA) Calvert Forbes Kennedy (RI) Mr. WYNN changed his vote from and made it $50, we called that a sav- Camp Ford Kennelly ‘‘yea’’ to ‘‘nay.’’ ings of $100. My colleagues and I know Canady Fowler Kildee that’s an addition of $50. That is the Cardin Fox Kim So section 101 of the resolution was Castle Frank (MA) King agreed to. equivalent of my going down to the Chabot Franks (CT) Kingston The result of the vote was announced corner bait and tackle shop in Murrells Chambliss Franks (NJ) Kleczka as above recorded. Inlet, SC, looking at a rod on sale for Chapman Frisa Klink Chenoweth Frost Klug A motion to reconsider was laid on $50 that is normally priced at $150, and Christensen Funderburk Knollenberg the table. saying, ‘‘OK, I’ll buy it.’’ I walk home, Chrysler Furse Kolbe PERSONAL EXPLANATION walk into the house and say, ‘‘Jenny, I Clay Gallegly LaFalce just saved the family a hundred dol- Clayton Ganske LaHood Mrs. CUBIN. Mr. Speaker, with regard to Clement Gejdenson Lambert-Lincoln rollcall vote number 6 on section 101 of House lars.’’ Coble Gekas Lantos Resolution 6, I would like to clarify that I voted She says, ‘‘What are you doing with a Coburn Gephardt Largent new fishing rod?’’ Coleman Geren Latham in support of the reforms to reduce the num- Collins (GA) Gibbons LaTourette ber of committees, subcommittees and num- I hold it up an say, ‘‘It was priced at Collins (IL) Gilchrest Laughlin ber of staff. However, I was just informed that $150, and I bought it for $50. I saved the Combest Gillmor Lazio my vote was not officially recorded on the vote family a hundred dollars.’’ Condit Gilman Leach Conyers Gonzalez Levin board. I wish to make clear that I voted ``yea'' She says, ‘‘Absolutely not. You just Cooley Goodlatte Lewis (CA) on this vote. spent $50.’’ H 50 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. Speaker, passing this action is point, or baseline, for how much Con- line budgeting now we add inflation, we what the American public wants. It is gress spent on a program in 1996 would add demographic increases, we add dif- essential if this House is going to be be how much was spent in 1995 plus in- ferences in programs that may come honest with the American people, and I flation. It’s no wonder that we ran up along. But the bottom line is we do not strongly urge every Member of the $4.5 trillion in debt. look at the same dollars we had the House to support this small step to- Under this budget-speak, government year before. ward common-sense budgeting. officials claimed to propose spending It is tough to balance a budget in Mr. Speaker, I reserve the balance of cuts when they really increased spend- Washington, DC. We have authoriza- my time. ing. Because the baseline included in- tions, we have appropriations, we have Ms. DELAURO. Mr. Speaker, for pur- flation, spending cuts actually meant authorizations, we have appropria- poses of debate only, I yield 2 minutes less of an increase in spending, but no tions, we have the debt which we have to my colleague, the gentlewoman real cuts. The American people have to pay. We borrow from the Social Se- from Connecticut [Mrs. KENNELLY]. decoded Congress’ budget-speak and de- curity trust fund. We have something (Mrs. KENNELLY asked and was manded change. called tax expenditures, which is really given permission to revise and extend The 104th Congress today has an op- a way of saying that we are reducing her remarks.) portunity to make history. I encourage the amount of money we are going to Mrs. KENNELLY. Mr. Speaker, we my colleagues to pass the Truth-in- collect. And the time has come to get all want to cut the budget, we all want Budgeting Baseline Reform to force this to the point where we understand to reduce the deficit, we all want our Congress to spend hardworking tax- it. constituents to pay less taxes. But payer’s money under the same rules If we go to truth in budgeting, we are that guide the American people. eliminating baseline budgeting is not going to be like every household in the Mr. Speaker, I yield back the balance the way to go. The budget baseline pre- United States of America, we are going of my time. dicts future spending in Government to be like every business in the United Ms. DELAURO. Mr. Speaker, for pur- programs, Federal programs. It is, of States of America, we are going to be course, an account of inflation. But it poses of debate only, I yield 1 minute like virtually every other govern- also registers population changes, the to the gentlewoman from California mental budget in the United States of business cycle, interest rates, to name [Ms. HARMAN]. America. We are going to take the just a few variables. (Ms. HARMAN asked and was given permission to revise and extend her re- numbers from the year before and we b 1820 marks.) going to build our budget to that. If we It is not just the indexing of infla- Ms. HARMAN. Mr. Speaker, I rise in have to add to it, so be it, we will add tion. For example, the baseline for support of the resolution and urge its to it. But we will not be misleading the Medicare includes not only an inflation passage. American people. We will know that adjustment, but the estimate of how This measure requires that Congres- any reduction below the baseline or many people reach each year 65 years sional Budget Office (CBO) cost esti- current severance level is a real cut or old. For example, we must know and mates in committee reports compare increase, and that is what we have to have to plan for when the baby total estimated funding for a program do. boomers meet 65 as an age and they go with current spending, so we known Mr. Speaker, I hope we will all sup- on Medicare. It is very significant that what the real increases are. port this as the beginning of better we understand these numbers. But let’s be clear, this is only a budget practices in the United States The increase in defense spending, change in the numbers that must be of America. that has been proposed is before us. used in committee report language. It Mr. SANFORD. Mr. Speaker, I yield 1 But couple this with an elimination of is not a change in the existing CBO minute to the gentleman from Florida baseline budgeting, and it would result baseline—nor alone will this change ac- [Mr. MILLER]. in unprecedented cuts in discretionary tually cut spending. Mr. MILLER of Florida. Mr. Speaker, spending. The people that we represent I hope in the coming weeks that the today begins dramatic change in how have a right to know what this means. new congressional leadership will bring Government operates. For the first Mr. Speaker, I urge my colleagues to legislation to the Floor to require the time in decades, we will start talking reconsider this proposal and to instead use of an actual year spending baseline. straight with the American people continue to implement the realistic, Such a change—which was proposed in about the Federal budget. practical ways, that we have preached the last Congress and received my Every American family who must in the past. Baseline budgeting works. strong support—could significantly meet a budget understands that an in- We know where we are coming from, alter our budgeting process and reduce crease in spending means you spent we know where we are going. I urge my spending by tens-of-billions of dollars. more money than last year. Not so colleagues not to eliminate baseline In addition, I hope the new leadership here in Washington. Back in 1974 the budgeting as we do the budget in this will expedite consideration of other Congress decided to adopt baseline upcoming fiscal year. budget process reforms like the Deficit budgeting—an arcane concept that al- Mr. SANFORD. Mr. Speaker, I yield 1 Reduction Lockbox, which can signifi- lowed Government to grow on auto- minute to the gentleman from Texas cantly reduce our budget deficit. pilot for two decades. Here in Washing- [Mr. SMITH]. There may be a change in the par- ton an increase in Federal spending is Mr. SMITH of Texas. Mr. Speaker, I tisan numbers in the Congress, but the considered a cut in spending unless it thank the gentleman for yielding time budget deficit math has not changed. exceeds the estimated increase in cost. to me. Working together in bipartisan fashion That’s like the perennially overweight Mr. Speaker, today we vote on the to sustain the recent significant down- man who figures he’ll gain 30 pounds first step necessary to end the Alice in ward reduction of the deficit will be this year—and when it turns out he Budgetland spending practices that major test of the credibility of this new only gained 10 he announces he’s lost 20 have wasted the American people’s tax Congress. That work begins today. pounds. dollars and threaten our children’s fu- Mr. SANFORD. Mr. Speaker, I yield 1 But today, Mr. Speaker, all that de- ture. Congressman SANFORD’s leader- minute to the gentleman from Dela- ception stops. From now on, an in- ship in introducing the Truth in Budg- ware [Mr. CASTLE]. crease in spending will be called an in- eting Baseline Reform will require Mr. CASTLE. Mr. Speaker, I thank crease in spending. If we spend $1.4 tril- Congress to live according to the same the gentleman for yielding. lion this year and plan to spend $1.5 spending rules that govern the Amer- Mr. Speaker, this is a very simple trillion next year, we’ll call that ex- ican people. matter dealing with baseline budgeting actly what is—a $100-billion increase in Before today, the budget process as- versus the truth in budgeting which we spending. Sounds simple, but here in sumed that spending would increase are trying to get done here. I think the Washington it is revolutionary. from year to year, regardless of new American public needs to understand Mr. SANFORD. Mr. Speaker, I yield 2 laws. Under the old rules, the starting with what we are dealing. In our base- minutes to the distinguished chairman January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 51 of the Committee on the Budget, the grams from year to year. We also look (Mr. PARKER asked and was given gentleman from Ohio [Mr. KASICH]. at what has happened in appropriations permission to revise and extend his re- Mr. KASICH. Mr. Speaker, I do not and spending in relationship to infla- marks.) want to oversell what we are trying to tion. We also at other times look at the Mr. PARKER. Mr. Speaker, I rise in do here today. What essentially we are relationship of expenditures to the support of section 102 of the rules pack- talking about is presentation. And gross national product. They are all le- age which addresses baseline budget- presentation is important, it is like gitimate analyses of what is happening ing. As a member of the Budget Com- language. If you do not communicate to the Federal budget. mittee, I have strongly advocated the in terms that people can understand, Somehow my Republican friends elimination of baseline budgeting and they get very confused. And this is the seem to think that we should never supported passage of the Full Budget first small step at being able to explain consider the impact of inflation on Disclosure Act last August which ac- to the American people precisely what Federal spending. Any family that complished that goal. This change in we are doing with spending. looks at their budget, if their salary is the House Rules reflects a provision Now, when you are talking about dis- frozen for a number of years, and the contained in that bill, which passed the cretionary spending, that is not the cost of food goes up, the cost of cloth- House although it failed to clear the confusing part of this whole budget ing goes up, the cost of gasoline goes Senate. process, because there is no assumption up, it is obvious that they have fewer that we will spend more next year than dollars to purchase fewer goods and The use of a baseline in calculating the previous year as driven by law. But services. the national budget is confusing at when you are talking about entitle- The same is true of the Federal Gov- best, and downright fraudulent at ments, if you assume you are going to ernment. We measure them in a vari- worst. With this rule change we will spend $7 on a Medicaid program and ety of ways, and my friends on the simply rely on actual prior year spend- the next year you are going to spend other side like particularly to use in- ing levels, for comparison purposes, $10 instead of $13 on a Medicaid pro- flated baseline when we talk about de- when calculating spending increases or gram, the presentation now shows that fense. The truth is that defense budget decreases for the next fiscal year. This as a $3 cut. What we wanted to say is authority peaked in 1985. Adjusted for is logical, sensible, and a proposal wor- last year we spent $7 and this year we inflation, it has been cut by 35 percent. thy of strong bipartisan support. I urge are going to spend $10. We do not want Unadjusted for inflation, it has been a ‘‘yes’’ vote on this provision. to list it in terms of the difference. We cut by 10 percent. Mr. SANFORD. Mr. Speaker, I yield want to list it in terms of the total I tend to hear when we get that de- 30 seconds to the gentleman from amount of dollars being spent. We bate, my friends on the right use the Michigan [Mr. SMITH]. think that is a far more accurate way baseline number, my friends on the left Mr. SMITH of Michigan. Mr. Speak- of presenting things. use the unadjusted baseline. The truth er, the previous chairman of the Com- I do not think the minority, and that is both are active. mittee on the Budget, the gentleman is the first time I have had a chance to This is a harmless amendment, but it from Minnesota [Mr. SABO], has indi- say that this year, ‘‘the minority,’’ I do does not do anything significantly dif- cated correctly that this is a good not think they have any real objection ferent. It is not a new truth in budget- start, and the gentleman from Ohio to that. ing amendment. [Mr. KASICH] has indicated he is going I want to say to the gentlewoman Ms. DELAURO. Mr. Speaker, I re- to introduce the bill that is going to go from California [Ms. HARMAN], that I in serve the balance of my time. fact do intend to come with a real pro- all the way. This is not truth in budg- Mr. SANFORD. Mr. Speaker, I yield 1 eting, but at least it is truth in the posal that would repeal baselines and minute to the gentleman from Ohio get us to this concept of zero-based way we report the budget to the Amer- [Mr. HOKE]. ican people, not pretending that there budgeting without an assumption that Mr. HOKE. Mr. Speaker, today we are every year we have to spend more. is a deficit reduction when actually going to accomplish a great thing for The bottom line is, this is the first there is a spending increase. the American people. We are going to step toward providing a more simple Ultimately, we are going to get our stop using phony numbers in the Fed- way for Americans to understand how bill that this House passed through the eral budget process. We are going to re- their money is being spent, and it is a Senate, and it is going to become law. quire that the Congressional Budget very important step that we need to That is the ultimate goal of this first Office makes its financial projections make on this first day. step. the same way that American families Ms. DELAURO. Mr. Speaker, I yield b 1830 and American businesses do. back the balance of my time. If we propose to spend more taxpayer I would urge the House to approve Mr. SANFORD. Mr. Speaker, I yield money on a program in 1995 than we this legislation. Let us make the first the remainder of my time to the gen- spent in 1994, we will have to call it a step toward communicating with the tleman from California [Mr. COX]. spending increase. Politicians will be American people in terms that they The SPEAKER pro tempore. The gen- forced to use the English language with can understand. tleman from California [Mr. COX] is the same meanings that working Ms. DELAURO. Mr. Speaker, for pur- recognized for 2 minutes to close de- poses of debate only, I yield 2 minutes Americans do. Ultimately, when politi- cians can no longer deceive voters with bate. to the gentleman from Minnesota [Mr. Mr. COX. Mr. Speaker, I am delighted SABO]. words that lie, when politicians can no to be here in support of abolishing the (Mr. SABO asked and was given per- longer claim as spending cuts what are practice of baseline budgeting, which is mission to revise and extend his re- in fact spending increases, when politi- the accounting gimmick by which for marks.) cians can no longer pretend that a 20- Mr. SABO. Mr. Speaker, I am going percent increase in domestic spending so many years Congress has called a to vote for this amendment, but it has over the next 5 years is deficit reduc- spending increase a cut. This really has nothing to do with truth in budgeting tion, as the Clinton administration has gone on just last year. and all the other rhetoric I hear on for the past 2 years, then voters can Just this past year Republicans pro- how we put budgets or appropriation make their own evaluations of pro- posed reforming the State Department, bills together. Every appropriation bill grams, of budgets, and ultimately, of a regular target of reform. Under this that comes to the floor shows last the politicians who create them, with reform proposal, actual spending on year’s appropriation, this year’s appro- the clarity and the confidence that State Department functions would priation, and normally, the President’s they need to make independent, intel- have increased by $25 million year to request, no baseline. ligent, and informed choices. year, but the opponents of the reform When we consider what has happened Ms. DELAURO. Mr. Speaker, for pur- cried ‘‘foul.’’ They said, ‘‘You are historically to budgets, we do look, and poses of debate only, I yield 1 minute spending less money, you are slashing one measurement is what has happened to the gentlemen from Mississippi [Mr. the budget of the State Department by to actual changes in dollars in pro- PARKER]. $77 million.’’ One person’s increase is H 52 CONGRESSIONAL RECORD — HOUSE January 4, 1995 another person’s cut. There is no com- Cooley Hilleary Moorhead Talent Traficant Weller Costello Hinchey Moran Tanner Tucker White mon denominator. Cox Hobson Morella Tate Upton Whitfield How does this work? Let me Coyne Hoekstra Murtha Tauzin Velazquez Wicker demystify it. We just finished New Cramer Hoke Myers Taylor (MS) Vento Williams Year’s Day and a lot of people spent Crane Holden Myrick Taylor (NC) Visclosky Wilson Crapo Horn Neal Tejeda Volkmer Wise time in front of their television sets Cremeans Hostettler Nethercutt Thomas Vucanovich Wolf eating take-out pizza. Cubin Houghton Neumann Thompson Waldholtz Woolsey Let us imagine last year on New Cunningham Hoyer Ney Thornberry Walker Wyden Year’s Day you ate five pieces of pizza. Davis Hunter Norwood Thornton Walsh Wynn de la Garza Hutchinson Nussle Thurman Wamp Young (AK) This year, it was so much fun last year, Deal Hyde Oberstar Tiahrt Ward Young (FL) you decided to eat 10 pieces of pizza. DeFazio Inglis Obey Torkildsen Waters Zeliff Your friends told you that would be DeLauro Istook Olver Torres Watt (NC) Zimmer Torricelli Weldon (FL) truly piggish, you ought to cut back, so Dellums Jackson-Lee Ortiz Deutsch Jacobs Orton Towns Weldon (PA) you settle on seven. Diaz-Balart Jefferson Owens NAYS—6 Under baseline budgeting you can Dickey Johnson (CT) Oxley claim to have slashed your pizza con- Dicks Johnson (SD) Packard Collins (MI) Hilliard Nadler Dixon Johnson, E. B. Pallone Dingell Kennelly Waxman sumption by 30 percent because you are Doggett Johnson, Sam Parker only having 7 pieces instead of the 10 Dooley Johnston Pastor NOT VOTING—6 that you want. Doolittle Jones Paxon Clay Funderburk Yates What we are going to say in this re- Dornan Kanjorski Payne (NJ) Danner Gingrich Doyle Kaptur Payne (VA) DeLay Salmon form is, you are increasing your pizza Dreier Kasich Pelosi consumption 40 percent. Be honest Duncan Kelly Peterson (FL) b 1854 with yourself. You are having seven Dunn Kennedy (MA) Peterson (MN) Mr. MINETA and Mr. JOHNSTON of this year instead of the five you had Durbin Kennedy (RI) Petri Edwards Kildee Pickett Florida changed their vote from ‘‘nay’’ last year. Ehlers Kim Pombo to ‘‘yea.’’ That is real budgeting, real figures, Ehrlich King Pomeroy So section 102 of the resolution was Emerson Kingston Porter something the American people can un- agreed to. derstand. Engel Kleczka Portman English Klink Poshard The result of the vote was announced Thomas Jefferson once noted ‘‘He Ensign Klug Pryce as above recorded. who permits himself to tell a lie once Eshoo Knollenberg Quillen A motion to reconsider was laid on Evans Kolbe Quinn finds it much easier to do so a second the table. and a third time. The falsehood of the Everett LaFalce Radanovich Ewing LaHood Rahall PERSONAL EXPLANATION tongue leads to that of the heart, and Farr Lambert-Lincoln Ramstad Mr. FUNDERBURK. Mr. Speaker, I inad- in time, depraves all good disposi- Fattah Lantos Rangel vertently missed rollcall no. 7 regarding the tions.’’ Fawell Largent Reed Fazio Latham Regula reform of baseline budgeting. I was with the Mr. Speaker, Jefferson was right. The Fields (LA) LaTourette Reynolds Republican Whip, TOM DELAY, and because baseline is a lie. It is one that has Fields (TX) Laughlin Richardson my beeper malfunctioned I was not aware eaten away at the credibility of this Filner Lazio Riggs that a vote was taking place. Had I been on Congress. It is time we repeal the prac- Flake Leach Rivers the floor, I would have voted ‘‘aye’’ on Roll- Flanagan Levin Roberts call no. 7. tice forthwith. I am delighted to be Foglietta Lewis (CA) Roemer here urging my colleagues to vote aye Foley Lewis (GA) Rogers The SPEAKER pro tempore (Mr. EM- on this important reform. Forbes Lewis (KY) Rohrabacher ERSON). Section 103 of the resolution is Ford Lightfoot Ros-Lehtinen now debatable for 20 minutes. The SPEAKER pro tempore. All time Fowler Linder Rose for debate on section 102 has expired. Fox Lipinski Roth The gentleman from Washington [Mr. The question is on section 102 of the Frank (MA) Livingston Roukema NETHERCUTT] will be recognized for 10 resolution. Franks (CT) LoBiondo Roybal-Allard minutes, and the gentleman from West Franks (NJ) Lofgren Royce Virginia [Mr. WISE] will be recognized The question was taken; and the Frelinghuysen Longley Rush Speaker pro tempore announced that Frisa Lowey Sabo for 10 minutes. the ayes appeared to have it. Frost Lucas Sanders The Chair recognizes the gentleman Mr. SANFORD. Mr. Speaker, on that Furse Luther Sanford from Washington [Mr. NETHERCUTT]. Gallegly Maloney Sawyer Mr. NETHERCUTT. Mr. Speaker, I I demand the yeas and nays. Ganske Manton Saxton The yeas and nays were ordered. Gejdenson Manzullo Scarborough yield myself such time as I may The vote was taken by electronic de- Gekas Markey Schaefer consume. vice, and there were—yeas 421, nays 6, Gephardt Martinez Schiff (Mr. NETHERCUTT asked and was Geren Martini Schroeder not voting 7, as follows. Gibbons Mascara Schumer given permission to revise and extend Gilchrest Matsui Scott his remarks.) [Roll No 7] Gillmor McCarthy Seastrand Mr. NETHERCUTT. Mr. Speaker, it Gilman McCollum Sensenbrenner is a privilege to stand here today as a YEAS—421 Gonzalez McCrery Serrano Abercrombie Bevill Buyer Goodlatte McDade Shadegg new Member of this House as we em- Ackerman Bilbray Callahan Goodling McDermott Shaw bark upon a momentous change pro- Allard Bilirakis Calvert Gordon McHale Shays grammed to reform the Congress and Andrews Bishop Camp Goss McHugh Shuster Archer Bliley Canady Graham McInnis Sisisky our Government. The people of the Armey Blute Cardin Green McIntosh Skaggs State of Washington have sent me here Bachus Boehlert Castle Greenwood McKeon Skeen to participate in this historic Congress Baesler Boehner Chabot Gunderson McKinney Skelton which begins its first day specifically Baker (CA) Bonilla Chambliss Gutierrez McNulty Slaughter Baker (LA) Bonior Chapman Gutknecht Meehan Smith (MI) fulfilling the pledge of the Contract Baldacci Bono Chenoweth Hall (OH) Meek Smith (NJ) With America by reforming our own Ballenger Borski Christensen Hall (TX) Menendez Smith (TX) workplace before we enact other re- Barcia Boucher Chrysler Hamilton Metcalf Smith (WA) Barr Brewster Clayton Hancock Meyers Solomon form measures. Barrett (NE) Browder Clement Hansen Mfume Souder b Barrett (WI) Brown (CA) Clinger Harman Mica Spence 1900 Bartlett Brown (FL) Clyburn Hastert Miller (CA) Spratt As part of this great beginning, I rise Barton Brown (OH) Coble Hastings (FL) Miller (FL) Stark Bass Brownback Coburn Hastings (WA) Mineta Stearns today in strong support of section 103 Bateman Bryant (TN) Coleman Hayes Minge Stenholm of the contract for a new House, which Becerra Bryant (TX) Collins (GA) Hayworth Mink Stockman will limit the Speaker to four consecu- Beilenson Bunn Collins (IL) Hefley Moakley Stokes tive terms and committee and sub- Bentsen Bunning Combest Hefner Molinari Studds Bereuter Burr Condit Heineman Mollohan Stump committee chairmen to three consecu- Berman Burton Conyers Herger Montgomery Stupak tive terms. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 53 Today term limits are not thought of fully participate in the process of this cal reference, which is that the Demo- as radical or controversial and, indeed, institution, and most effectively rep- cratic Party has not had problems lim- many States have enacted some kind of resent the interests of their congres- iting terms when those Chairs have term-limits legislation including my sional districts and the interests of proven or fallen short of the perform home State of Washington. What America. standards that we felt we needed to set. makes our actions today extraor- So, Mr. Speaker, I think that this is For instance, I know that in my life- dinarily novel is our willingness to an important bipartisan effort, and I time here I have seen the year when change practices of the past by decen- appreciate the opportunity that we three full committee Chairs were re- tralizing the House’s power structure now have this evening to cast a vote on moved from their positions by the ac- away from committee chairmen with this and hopefully implement this as a tion of the Democratic caucus. I have virtually lifetime appointments in reform in our body. seen in other Caucuses lesser numbers favor of individual Members. This re- Mr. NETHERCUTT. Mr. Speaker, I of Chairs removed because, for what- form is also at the heart of the strat- yield 2 minutes to the gentleman from ever reasons, the caucus felt that they egy for conservative governance that Georgia [Mr. LINDER]. were not performing the job as well as we will pursue in the first 100 days of Mr. LINDER. Mr. Speaker, I thank they could or perhaps there was some- this new Congress as we seek the devo- the gentleman for yielding me this one else that needed to perform it. lution of authority from Federal law- time. Be that as it may, if the Republican makers and bureaucrats back to indi- Mr. Speaker, I appreciate being given Party feels that it needs to have some vidual citizens, a reenergized civil soci- the time to speak on the important kind of hard, ironclad agreement be- ety, if you will. issue of term limits for committee cause it will not take the steps that No more will the House of Represent- chairmen. It is an issue in which I have are really necessary for all of us to atives be charged with stifling public been involved for over 2 years and am take because there are times you do debate and restricting innovative pleased that we now have the oppor- need to suck it up and just go out and ideas. In the watershed November elec- tunity to consider and pass this fun- say to somebody, ‘‘The time is over; tions, the citizens of our Nation con- damental and much-needed reform. you are not doing the job that we ex- ferred upon us the authority to seri- The current system of unlimited pect of you.’’ ously reduce the size and scope of Gov- terms for committee chairmen created But as I say, if the majority party ernment. an unjust situation in Congress, for up wants to do that, that is its business. Mr. Speaker, more than 200 years until the recent elections, power had I suppose I do have one concern. The ago, after his great victories in the become far too concentrated and en- concern is this: If this is true term lim- Revolutionary War, Gen. George Wash- trenched. A handful of Members were its, and it is term limits of three terms ington won the admiration of the world able to dictate the legislative agenda, of committee Chairs, then I do not un- by resigning his commission and dem- frequently based on efforts to protect derstand why the Speaker receives a onstrating his commitment to democ- committee turf or consolidate power of fourth term. Because why is the Speak- racy. In this great tradition of selfless chairmen. Consequently, the commit- er treated differently than the commit- leadership, I urge my colleagues on tee structure became mired in a stag- tee chairs? Because this is a closed both sides of the aisle to vote yes to nant existence completely out of touch rule, we are not able to offer the adopt the resolution to limit the terms with the American people. amendment that would say that every- of the Speaker and committee chair- Republicans have long recognized the body is in the same boat, everybody is men and subcommittee chairmen to problems with unlimited terms for limited in the same manner, and there demonstrate to the American people committee chairmen. In December 1992 is also something I do not understand. our commitment to democracy. I introduced a rule to the Republican If later many Members decide to enact Mr. Speaker, I reserve the balance of rules package to limit the ranking mi- or try to enact a term limit on Mem- my time. nority members to three terms as bers that would be 6 years, am I led to Mr. WISE. Mr. Speaker, I yield 2 min- ranking member of a committee. The believe then the Speaker can serve utes to the gentleman from Minnesota rule was adopted by the Republican longer than the Members serve? [Mr. MINGE]. Conference and was called by the New At any rate, these are questions not Mr. MINGE. Mr. Speaker, this York Times and the Washington Post answered in this and, because this is a evening we have the opportunity to im- the Linder rule. relatively closed rule, we are not able plement a reform that is being de- Now the Republicans have gained the to offer an amendment to square that manded by America. Term limits of majority in the House of Representa- and to bring it to some sort of logical committee chairs and subcommittee tives. It is time for the whole House to nexus. chairs is something that has arrived in adopt this rule and limit the terms of At any rate, as I say, we in the terms of American political thought. all committee chairmen to three con- Democratic Party have removed Chairs This is not directed towards any par- secutive terms. when we felt it was necessary. Now it ticular committee Chair or subcommit- Adopting this measure would help is felt that apparently there needs to tee Chair. However, it is a part of try- put an end to the cozy relationships be some kind of ironclad limitation. ing to constantly improve and renew with special interests, enhance free Mr. SPEAKER. I reserve the balance the American political process. flow of new and innovative ideas and of my time. Imposing term limits on those that bring an end to an iron-fisted ruling in Mr. NETHERCUTT. Mr. Speaker, I serve in leadership capacity will broad- Congress by a very few people. yield 1 minute to the gentleman from en the base of experience and expertise I am gratified that this limit on the Illinois [Mr. PORTER]. of people that provide the all-impor- tenures of committee chairmen is in- Mr. PORTER. Mr. Speaker, 2 years tant leadership in this institution. By cluded in the rules package of the 104th ago, at the opening of the 103d Con- rotating the leadership, we are turning Congress. I believe that it truly rep- gress, upon my initiative, Republicans it over. We are bringing in fresh blood resents the fundamental change in the proposed to limit the time a Member new ideas, new ways of thinking. We status quo that the American people could chair a committee. Democrats can be more responsive to the needs of voted for last November 8. rejected this initiative, which would America. We can also avoid the paro- I urge its passage. have applied to their chairs. Today, Re- chial service that has occasionally oc- Mr. WISE. Mr. Speaker, I yield my- publicans again offer term limits for curred when a person is focused on his self such time as I may consume. chairs—of committees and subcommit- narrow area. Mr. Speaker, I have a great deal of tees—and it will now apply to us, the It also breaks down what might be ambivalence about this particular pro- new majority party. characterized as cozy relationships vision. This initiative will do much off what that can build up over an extended pe- If the majority party, the Republican congressional term-limiters want to ac- riod of time, and assures that we have Party, wants to limit the terms of its complish: it will break up the long- the freshness, the openness, and the ac- chairs and the Speaker, that is their term power fiefdoms of committee and cess that all Members need in order to business. I would just make a histori- subscommittee chairs that often lead H 54 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Members to be elected over and over limit effort. Who would have thought 2 I have also had the honor of serving again when otherwise they would have years ago, when I came to this body, for 2 years as chairman of a sub- been retired. It will mean a chair will that we would be voting today on a committee which the gentleman from have just 6 years to work his or her rule that would limit committee chair- Washington is going to serve on now, agenda, then move on. men to three 2-year terms. What in- the Subcommittee on Agriculture Ap- But, it will leave to the people the credible progress for the term limit ef- propriations. final decision as to whether a Member fort, and I have to say, too, it is very That subcommittee, one of the small- should continue to represent them in important as an indication of what is er appropriations subcommittees, ap- Congress, where our founders believed in this Contract for America and the propriates $67 billion a year. We have that decision should be left under the exciting things we can do if we stick to three staff people. I can literally tell Constitution. the contract. you that it takes years to get your It will mean a far more dynamic The second observation I have for arms around the Department of Agri- body, one less in thrall to special inter- any Members who are somewhat ques- culture, with 125,000 employees spread ests, one more attuned to the interests tioning whether we need to do this, a all over the world, and the Food and of the Nation as a whole. look at the statistics about the average Drug Administration, with its massive I suspect the Democrats will strongly stay of the Members of the leadership responsibility. support this initiative now that it ap- of the old Congress. According to the plies to Republic chairs. It is only sad Term Limits Legal Institute, the aver- I felt, after several years of service that they could not have supported it 2 age American keeps his or her job 6 there, that I was prepared to take over years ago and been leaders in reform- years. The average Member of Congress the chairmanship. I think that with ing this body rather than obstructors. keeps his or her job 10 years. But the the then-ranking minority member, JOE SKEEN of New Mexico, we did a b 1910 average Member of the leadership in the old Congress kept his or her jobs good job. We cut back on some wasteful The SPEAKER pro tempore (Mr. EM- for 28 years. spending, we saved some money for ERSON). Does the gentleman from West That is why we need to limit com- taxpayers, we were able to get beyond Virginia seek recognition? mittee chairmen to three 2-year terms, the bureaucratic background noise and Mr. WISE. At this time Mr. Speaker and that is why we have got a historic yet down to the business of really ap- we have no additional speakers. opportunity right here right, right propriating in a responsible manner. Mr. Speaker, I reserve the balance of now, to have real reform in this House. Now, of course, because of the verdict my time. Mr. WISE. Mr. Speaker, I yield 1 of the voters on November 8, our roles Mr. NETHERCUTT. Mr. Speaker, I minute to the gentleman from Texas have changed. JOE SKEEN of New Mex- yield 1 minute to the gentleman from [Mr. GENE GREEN]. ico will be chairman of the subcommit- Massachusetts [Mr. TORKILDSEN]. (Mr. GENE GREEN of Texas asked tee, and I will be ranking minority Mr. TORKILDSEN. Mr. Speaker, I and was given permission to revise and rise today as an incoming subcommit- member. I will look forward to working extend his remarks.) tee chairman to strongly support term with him. Mr. GENE GREEN of Texas. Mr. limits for all committee and sub- The point I am trying to make is Speaker and Members, we are talking committee chairs. As with all reform this: Experience on the subcommittee measures before Congress, it is essen- about term limits today, and the ma- prepared me to do what the voters sent tial for us to lead by example. jority party, like the gentleman from me to Washington to do, to take a look Most Americans support term limits. West Virginia, who yielded to me, I at a complex and large appropriation My home State of Massachusetts re- have no problem with the majority and to try to lead a bipartisan effort to cently passed a voter referendum for party limiting the terms of their chair- deal with it. Should my colleagues in term limits. In the same spirit of gov- men, but I think this goes to the heart the House of Representatives on the ernment reform, I rise in strong sup- of the issue: that we have an arbitrary Democratic side have reached a deci- port for limiting the terms of commit- term limit on any office. sion that I was unworthy of that job, tee or subcommittee chairmen. Are we going to limit a chairman or they could have removed me in any In the past, too much power reside in chairwoman simply to three terms sim- Congress. That, I think, is the appro- the hands of committee chairmen to ply because they are doing their job priate way to approach this. shape and mold legislation to their per- correctly? This is an issue that this To establish artificial limits for serv- sonal liking. House will deal with whether we are ice as committee chair or subcommit- Some Chairs had become entrenched talking about Members, chairmen of tee chairman or service in the House of in their positions of power for 10, 14, or committees, Members of Congress, or Representatives I think is grossly un- anything else. But I would hope, as a more years, sometimes fulfilling their fair. Democrat, as the minority, we might own parochial interests over the great- Experience counts for every aspect of be able to go even further and, in some er good of the Nation. By enacting life; it counts in the Congress. cases, even limit the terms of the ma- term limits for these Chairs, we will in- I think artificial limits are wrong, jority party chairmen to one term at sure that the legislative process will and I oppose this amendment. this time. truly be open to new ideas because it The SPEAKER pro tempore. The gen- will be open to new leadership. This Mr. NETHERCUTT. We have one tleman from West Virginia [Mr. WISE] House has already limited membership speaker left, Mr. Speaker. has 21⁄2 minutes remaining. on two committees, the Budget Com- Mr. WISE. Mr. Speaker, the gen- Mr. WISE. Mr. Speaker, I yield my- mittee and the Intelligence Commit- tleman from Washington has the right self such time as I have left. tee. This step will extend that to limit- to close, and I expect the Chair would Mr. Speaker, in the spirit of change, ing how long Members may serve as a like me to go ahead. Chair of a committee. The results of Mr. Speaker, I yield 2 minutes to the I am going to tell you, Mr. Speaker, the November election sent a loud and gentleman from Illinois [Mr. DURBIN]. that so many have started out by say- clear message for real change in Wash- Mr. DURBIN. I thank the gentleman ing that, ‘‘I am not going to use my ington. We can answer that signal by for yielding. time,’’ and then of course we know the voting for this proposal. Mr. Speaker, I rise in opposition to inevitable story. Well, I am not going Mr. NETHERCUTT. Mr. Speaker, I this amendment. Let me tell you why. to use all my time except simply to yield 2 minutes to the gentleman from It has been my privilege to serve on the ask, I am still waiting for an answer to South Carolina, [Mr. INGLIS]. House Appropriations Committee now my question, which is: Why is it that Mr. INGLIS of South Carolina. I for 10 years, and during that period of the Speaker has a 4-term limitation, thank the gentleman for yielding this time I have tried my best to become committee chairs have 3 terms? If time to me. well versed with the challenging infor- there is an abuse or possible abuse of Mr. Speaker, I rise today with two mation and the legislation that we are power with 3 terms for committee observations for my colleagues. One is, forced to consider each year as we pass chairs, certainly the Speaker, with the what incredible progress on the term the appropriations. power that the Speaker’s chair has, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 55 whoever the Speaker might be of what- And the bottom line is: Knollenberg Neal Skeen Kolbe Nethercutt Slaughter ever party, we ought to limit that in For the health of this Nation it is LaFalce Neumann Smith (MI) the same nature as well. much better to alternate who are the LaHood Ney Smith (NJ) Mr. Speaker, I yield back the balance committee chairmen of various com- Lambert-Lincoln Norwood Smith (TX) of my time. mittees and subcommittees over a rea- Lantos Nussle Smith (WA) Largent Olver Solomon Mr. NETHERCUTT. Mr. Speaker, I sonable period of time, and 6 years, it Latham Orton Souder yield 2 minutes to the gentleman from seems to us, is very, very reasonable LaTourette Owens Spence Florida [Mr. MCCOLLUM]. under these circumstances. There are a Laughlin Oxley Spratt (Mr. McCOLLUM asked and was Lazio Packard Stearns lot of very talented men and women Leach Parker Stenholm given permission to revise and extend among our 435, and I urge a ‘‘yes’’ vote. Levin Pastor Stockman his remarks.) It is a very important resolution, prob- Lewis (CA) Paxon Studds Mr. McCOLLUM. I thank the gen- ably the most important one tonight Lewis (KY) Payne (VA) Stump Lightfoot Peterson (FL) Stupak tleman for yielding this time to me. that we will vote on. Linder Peterson (MN) Talent Mr. Speaker, I would like first of all The SPEAKER pro tempore (Mr. EM- Lipinski Petri Tanner to address what the gentleman from ERSON). All time for debate on section Livingston Pickett Tate West Virginia [Mr. WISE] said as to LoBiondo Pombo Tauzin 103 of the resolution has expired. Lofgren Pomeroy Taylor (NC) why the Speaker is given 8 years and The question is on section 103 of the Longley Porter Tejeda the subcommittee chairmen 6. The rea- resolution. Lowey Portman Thomas son why that was designed that way is The question was taken; and the Lucas Poshard Thornberry simply because the Speaker is next in Luther Pryce Thornton Speaker pro tempore announced that Maloney Quillen Thurman line after Vice President to the Presi- the ayes appeared to have it. Manton Quinn Tiahrt dency, and it conforms with the con- Mr. NETHERCUTT. Mr. Speaker, on Manzullo Radanovich Torkildsen cept of two 4-year terms of the Presi- that I demand the yeas and nays. Markey Ramstad Torricelli dent of the United States. That is the Martinez Reed Towns The yeas and nays were ordered. Martini Regula Traficant rationale that went into that. The vote was taken by electronic de- Mascara Richardson Tucker The reason for the 6-year term limit vice, and there were—yeas 355, nays 74, Matsui Riggs Upton for committee chairmen is simply that McCarthy Roberts Volkmer answered ‘‘present’’ 1, not voting 4, as McCollum Roemer Vucanovich that seemed to us to be the right num- follows: McCrery Rogers Waldholtz ber. It may be a little arbitrary, maybe [Roll No. 8] McDade Rohrabacher Walker it could have been 8, maybe it could McDermott Ros-Lehtinen Walsh have been 4. The point is we need to YEAS—355 McHale Rose Wamp McHugh Roth Ward limit the length of time somebody Allard Condit Gekas Andrews Cooley Geren McInnis Roukema Waters serves as committee chairman. That is Archer Costello Gibbons McIntosh Royce Waxman the single most important limit we are Armey Cox Gilchrest McKeon Sabo Weldon (FL) placing here, even more important Bachus Cramer Gillmor McKinney Salmon Weldon (PA) Meehan Sanford Weller than limiting the Speaker, in my judg- Baesler Crane Gilman Baker (CA) Crapo Gonzalez Metcalf Saxton White ment. It was perhaps one of the most Baker (LA) Cremeans Goodlatte Meyers Scarborough Whitfield important reasons why we have de- Baldacci Cubin Goodling Mica Schaefer Wicker bated over the years that we need term Ballenger Cunningham Gordon Miller (FL) Schiff Williams Barcia Danner Goss Mineta Schroeder Wilson limits. Most Americans realize, when Barr Davis Graham Minge Schumer Wolf you give power to a committee chair- Barrett (NE) de la Garza Green Mink Scott Woolsey man or a subcommittee chairman for a Barrett (WI) Deal Greenwood Molinari Seastrand Wyden Moorhead Sensenbrenner Young (AK) long period of time, you are giving very Bartlett DeFazio Gunderson Barton DeLauro Gutierrez Moran Shadegg Young (FL) serious power to one individual who Bass DeLay Gutknecht Morella Shaw Zeliff can abuse that power. Many do not, but Bateman Deutsch Hall (OH) Myers Shays Zimmer somebody can. Bereuter Diaz-Balart Hall (TX) Myrick Shuster Nadler Sisisky The control that a committee chair- Bevill Dickey Hancock Bilbray Dicks Hansen man has is vast. He controls, often, Bilirakis Doggett Hastert NAYS—74 whether a bill ever leaves his commit- Bishop Dooley Hastings (WA) Abercrombie Gephardt Payne (NJ) tee to come to the floor of the House Bliley Doolittle Hayes Ackerman Hamilton Pelosi for a vote. He controls a lot of the sub- Blute Dornan Hayworth Becerra Hastings (FL) Rahall Boehlert Doyle Hefley Beilenson Hilliard Rangel stance that goes into the bill before Boehner Dreier Hefner Bentsen Hoyer Reynolds that bill comes out of a committee or Bonilla Duncan Heineman Berman Jefferson Rivers leaves the committee in the first place. Bono Dunn Herger Bonior Johnson, E. B. Roybal-Allard Brewster Edwards Hilleary Borski Kaptur Rush b 1920 Browder Ehlers Hinchey Boucher Kennedy (RI) Sanders Brown (CA) Ehrlich Hobson Bryant (TX) Kildee Sawyer And in a conference between a bill Brown (FL) Emerson Hoekstra Clyburn Klink Serrano that has passed the House and the Sen- Brown (OH) Engel Hoke Coleman Lewis (GA) Skaggs ate, between those two bodies, the Brownback English Holden Collins (IL) McNulty Skelton Bryant (TN) Ensign Horn Collins (MI) Meek Stark committee chairman has a great deal Bunn Eshoo Hostettler Conyers Menendez Stokes to say with what is in the final prod- Bunning Everett Houghton Coyne Mfume Taylor (MS) uct, an awful lot to say. In addition to Burr Ewing Hunter Dingell Miller (CA) Thompson Burton Farr Hutchinson Dixon Moakley Torres that, a committee chairman is in Buyer Fawell Hyde Durbin Mollohan Velazquez charge of oversight functions. There Callahan Fields (TX) Inglis Evans Montgomery Vento are hearings that are held by the com- Calvert Filner Istook Fattah Murtha Visclosky mittees that he determines which ones Camp Flake Jackson-Lee Fazio Oberstar Watt (NC) Canady Flanagan Jacobs Fields (LA) Obey Wise are held to look into whether it is the Cardin Foley Johnson (CT) Foglietta Ortiz Wynn FBI, or the Drug Enforcement Admin- Castle Forbes Johnson (SD) Gejdenson Pallone istration, and in the case of my Com- Chabot Ford Johnson, Sam Chambliss Fowler Johnston ANSWERED ‘‘PRESENT’’—1 mittee on the Judiciary it may be over- Chapman Fox Jones Dellums sight hearings like Whitewater in Chenoweth Frank (MA) Kanjorski Banking or whatever. A committee Christensen Franks (CT) Kasich NOT VOTING—4 Chrysler Franks (NJ) Kelly chairman, the right committee chair- Clayton Frelinghuysen Kennedy (MA) Clay Harman man, can do a great job for a long pe- Clement Frisa Kennelly Gingrich Yates riod of time. The wrong committee Clinger Frost Kim b chairman can abuse that power, and, Coble Funderburk King 1936 Coburn Furse Kingston yes, somebody can remove him, but it Collins (GA) Gallegly Kleczka Mr. PALLONE and Mr. JEFFERSON does not happen very often. Combest Ganske Klug changed their vote from ‘‘yea’’ to ‘‘nay. H 56 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. BALDACCI changed his vote was said, the Chair holds enough prox- Not so, not so in this Congress. Then from ‘‘nay’’ to ‘‘yea.’’ ies to do whatever he or she wants. they announced the committee ratio Mr. ORTIZ changed his vote from This is not a responsible way to legis- plan, in which not a single House com- ‘‘present’’ to ‘‘nay.’’ late and the people who elected us have mittee actually meets the clearly ar- So section 103 of the resolution was every right to expect more. ticulated test for fairness. agreed to. Mr. Speaker, if there is one reason On the major committees, and they The result of the vote was announced today that we are introducing this his- are all major, but on the committees as above recorded. toric package of fundamental reforms, that people look to on important fiscal A motion to reconsider was laid on including the elimination of proxy vot- matters, the Committee on Ways and the table. ing, it is to let the American people Means and the Committee on Appro- know that the 104th Congress will priations, I would say those two com- PERSONAL EXPLANATION begin to legislate responsibly and with mittees and the Committee on Rules, Ms. HARMAN. Mr. Speaker, during total accountability. the ratios were way above the 53/47 rollcall vote No. 8 on H.R. 6, I was un- I submit to you that it is necessary split we presently have in the House of avoidably detained. Had I been present to eliminate proxy voting. Representatives. In fact, on the Com- I would have voted ‘‘aye.’’ Mr. Speaker, I reserve the balance of mittee on Ways and Means and the my time. Committee on Appropriations, they got b 1940 Mr. BONIOR. Mr. Speaker, I yield 60 percent instead of 53. The SPEAKER pro tempore (Mr. myself such time as I may consume. They might say, ‘‘When you were in BILIRAKIS). Pursuant to the rule, sec- Mr. Speaker, I support this proposal, power you did the same thing.’’ We tion 104 of the resolution is now debat- and I commend the gentlewoman for may have gone a percent or 2 or 3 able for 20 minutes. leading the effort on it this evening. As above. We never went 7 or 8 percent The gentlewoman from California she pointed out, I think correctly, in above, which means a lot of seats on [Mrs. SEASTRAND] will be recognized for the real world if you work in a factory those respective committees. 10 minutes, and the gentleman from or you work in an office, you have to Mr. Speaker, I commend the gentle- Michigan [Mr. BONIOR] will be recog- show up for work. You cannot send a woman and my colleagues for offering nized for 10 minutes. proxy. It should be no different for this amendment on proxy voting, but I The Chair recognizes the gentle- Members of Congress in their commit- must be honest and say that it does not woman from California [Mrs. tee assignments. really go far enough. If we really want- SEASTRAND]. However, while I support this provi- ed to go far, we would adopt the lan- (Mrs. SEASTRAND asked and was sion, I do not think it, frankly, goes far guage of the gentleman from Colorado given permission to revise and extend enough. I would like to talk a little bit [Mr. ALLARD], and we would adopt the her remarks.) about the issue of committee ratios proposals that were advocated by the Mrs. SEASTRAND. Mr. Speaker, I here. gentleman from California [Mr. yield myself such time as I may For many years Republicans have ar- DREIER] and others on that side of the consume. gued, and very well, I might add, the aisle to keep committee ratios bal- Mr. Speaker, I rise today to offer yet makeup of the House committees anced in relation to the rest of the another fundamental change to the should reflect the party ratios in the House. way business is done in the House of House; that is, if one party controls 60 Mr. Speaker, I yield 3 minutes to the Representatives. percent of the House, then they should distinguished gentleman from New Every one of us was elected by our get 60 percent representation on the York [Mr. OWENS]. constituents to do a job. Having a job committees in this institution. (Mr. OWENS asked and was given means showing up for work every day— Republicans have repeatedly offered permission to revise and extend his re- as most working Americans are re- amendments to make this simple rule marks.) quired to do—and actively carrying out a principle rule of the House. The Re- Mr. OWENS. Mr. Speaker, proxy vot- the duties to which we are assigned. publican rules package in the 103d Con- ing is as American as apple pie. We The process of voting by proxy vio- gress required that party ratios in each have millions and millions of votes lates this basic responsibility. By al- committee must reflect party ratios in cast by proxy all the time. lowing for proxy voting in the first the House. Private industry, which we are so place, it was never intended that: Rep- In fact, the gentleman from Colorado fond of replicating, uses proxy voting resentatives should stop representing; [Mr. ALLARD] offered the same amend- all the time. Americans understand that they should never go to commit- ment to the congressional reform bill proxy voting. They understand that de- tee hearings; that they should never later in the year. The amendment was cision-makers who have numerous obli- hear the testimony provided for them offered yet again by the gentleman gations sometimes use proxy voting as to make informed decisions; that they from California [Mr. DRIER] when the a convenience. They trust certain peo- should never hear the critical evidence Committee on Rules considered the ple and allow them to vote by proxies that might help them form opinions; congressional reform bill in October of on very important matters that affect and finally proxy voting was never in- last year, just 4 months ago. their lives. tended that committee chairs should In the Senate, the other body, the I am not going to quarrel, however, hold enough proxies to determine the new Republican majority has adhered with a Majority that wants to limit outcome of legislation—regardless of to this basic principle in allocations of their own flexibility and their own the testimony, the evidence, the views committee slots for Democrats in the ability to conduct some awesome busi- of other Members, or the fact that new Congress. In the House, however, ness matters here that are the province some Members may have never both- Republicans have not only abandoned of the Majority by insisting on elimi- ered to attend a single committee their previous amendments on fair ra- nating proxy voting. If they want to do meeting. tios, but they have already violated the that, I am not going to really quarrel Proxy voting, or ghost voting as it is principle they championed as recently with them. sometimes referred to, allows a com- on this floor and in the Committee on I am going to discuss, instead, some- mittee chair to do whatever he or she Rules as 4 months ago. They began by thing else that is as American as apple wants to do. stripping dozens of Democrats of their pie, and that is voting by simple major- I would think this practice of proxy committee assignments, a tactic never ity vote. voting would be offensive to those employed when Democrats controlled Later on we are going to discuss a Members who faithfully attend com- the House. We always made room. We three-fifths requirement, a require- mittee meetings and listen carefully to never asked a sitting Republican on a ment that three-fifths of the Members the testimony offered and the evidence committee to leave. We always some- must approve of any income tax in- presented so they can cast an informed how accommodated them, expanding crease. I want to say that is very un- vote. A vote, unfortunately, which is the committee by putting temporaries American. That runs against the grain cast in vain because no matter what on it. of the Constitution, and the general January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 57 way Americans conduct business. What a normal rule and passed by a simple major- publican Rules Package. If Jefferson they are doing is empowering a minor- ity. knew that absent or tardy members of ity of people to block any legislation. Requiring a supermajority vote for tax in- the House were routinely allowing The House has 435 voting Members. creases also would set a perilous precedent other members to cast their votes for Some simple arithmetic. There are 435 that could be used to create similar require- them in committee by proxy and that voting Members. A simple majority is ments for other controversial issues. Which this ghost voting has been used to 218. Three-fifths of the House is 261, in- type of legislation would be next on the chop- block legislation while ducking indi- stead of 218. Two-fifths of the House is ping block? Will any bill that increases edu- vidual responsibility, he would object. 174 votes. cation funding require a three-fifths vote for He would wonder by what justification By requiring that there must be a passage? Will any bill that relates to a wom- we could so stand the rules of this three-fifths vote to pass any legisla- an's right to choose an abortion be subject to House which he wrote on their head. tion, we empower that two-fifths to a three-fifths vote? Although House rules strictly pro- block the legislation. Voltaire wrote, ``One despot always has a hibit one member of Congress from A simple majority requirement such few good moments, but an assembly of des- casting votes for another on the House as is being proposed dilutes the power pots never does.'' This certainly is not a good floor, proxy voting was in fact the of every Member’s vote by allowing the moment for my Republican colleagues. Of all norm in many committees in the last House to be controlled by the two- the accusations that have been made about Congress. In 1993, for example, proxy fifths, 174 out of 435, two-fifths can the Democrats' exercise of power during our votes were cast on virtually every bill choose to withhold their votes and forty-year tenure in the majority, nothing even marked up in the House Committees on they control the process. That is not comes close to rising to this level of the abuse Energy and Commerce; the Judiciary; democracy. Instead of control by 218 of power. It is tyranny of the majority, pure and Public Works and Transportation. Members, we will yield control to 174. and simple. I urge my colleagues to defeat Ghost voting not only promotes ab- That means that if you set this prece- this rule. senteeism and sloppy bill-drafting, it Mrs. SEASTRAND. Mr. Speaker, I dent tonight on taxes, and I am not in allows party leaders and committee yield 1 minute to the gentleman from favor of voting to increase the income barons to control the fate of legislation Florida [Mr. GOSS]. taxes of Americans. We have plenty of (Mr. GOSS asked and was given per- by simply pulling votes out of thin air. ways to save money in the budget and mission to revise and extend his re- It is like having 6 jurors sit through a not have to increase taxes. We should marks.) trial, hear all the evidence and reach a stop the freeloading farmers, end farm Mr. GOSS. Mr. Speaker, what we are verdict—only to have the jury foreman subsidies, end Farmers Home Loan talking about here is proxy voting or pull out 6 more votes from his pocket mortgages, we should stop building ghost voting. It is a bad habit that has and cast them to overrule the others. Seawolf submarines which have closed grown to be a serious disorder in the Last year, I introduced legislation to down overseas bases in Japan and Ger- process of this institution. I notice require the House to follow Jefferson’s many. There are ways to save billions that apparently no one is willing to de- rules. One of Jefferson’s overriding of dollars and not have to increase fend proxy voting, because I certainly concerns was that each member of Con- taxes, but this sets an unfortunate have not heard any defense from the gress would be held responsible for his precedent. This empowers a minority. other side of the aisle, so I guess the or her own vote. Mr. Speaker, in addition to the arguments time has come to get rid of proxy vot- This rules change will end the abuse presented above, I would like to note the fol- ing or ghost voting and we thank very of our most important and valuable lowing: Requiring a supermajority vote for tax much what I think I am hearing cor- commodity, our vote. Simply put, increases is unconstitutional because it deliv- rectly, is the support from the other under this change, if a member does ers a fatal blow to majority rule. It gives a mi- side of the aisle so I think we can ex- not show up for work, he does not get nority of Members the ability to stop a specific pect a very large vote to do away with to vote. I urge an ‘‘aye’’ vote for this type of legislation. indeed, today marks the this procedure which has not done important Republication reform. first time in this country's history that a major- credit to this institution since it has Mrs. SEASTRAND. Mr. Speaker, I ity in the House has attempted to usurp so been a bad idea and since it has been yield 1 minute to the gentleman from much power. abused so badly. I think we all know it, California [Mr. RADANOVICH]. Article I, Section 2 of the Constitution states I do not think there is any particular Mr. RADANOVICH. Mr. Speaker, al- that the ``House of Representatives shall be point in overstressing, finding nobody though every vote in the whole House composed of Members chosen * * * by the supporting it, so why do we not just is always important, votes in commit- People of the several States.'' In Wesberry v. agree with it and get rid of it? tee carry even greater proportionate Sanders, the Supreme Court interpreted that Mr. Speaker, I thank the gentle- weight. As such, committee votes portion of the Constitution as meaning that `'as woman for yielding me this time, and I should be cast by Members themselves, nearly as is practicable one man's vote in a congratulate her for her effort. not by committee colleagues. congressional election is to be worth as much Mrs. SEASTRAND. Mr. Speaker, Yet Capitol Hill practice in the past as another's.'' The rule before us would se- might I inquire how much time is has been to allow proxy votes in com- verely violate this one man, one vote principle available on both sides? mittees. This has meant one Member by diluting the vote of every citizen. The more The SPEAKER pro tempore [Mr. was voting not just for himself but for power that is funneled into the hands of the BILIRAKIS]. The gentlewoman from absentees. few, the less remains in the hands of the California [Mrs. SEASTRAND] has 31⁄2 Proxy holders, often the committee many. minutes remaining, and the gentleman leadership, would vote for other Mem- Moreover, the Constitution clearly enumer- from Michigan [Mr. BONIOR] has 31⁄2 bers who were elsewhere, possibly at ates the instances in which a supermajority is minutes remaining. another committee meeting voting the required. If the Framers had intended that Mrs. SEASTRAND. Mr. Speaker, I proxies of still more absent Members. submajorities be used in other instances, they yield 2 minutes to the gentleman from Enough already. Let the Member who would have explicitly stated so. California [Mr. ROYCE]. votes in committee be in committee. While the Constitution does state that the Mr. ROYCE. Mr. Speaker, in addition The American way is one person, one House can write its own rules, the House and to authoring our Nation’s Declaration vote. Votes in congressional commit- its leaders are not given carte balance. There- of Independence, Thomas Jefferson tees no longer should be by proxy, they fore, in the past, Congress has required wrote what are supposed to be the rules should be in person. That is what will supermajority votes only for procedural mo- of this House. His Manual of Par- happen as soon as tomorrow. All it tions, such as the two-thirds vote required in liamentary Practice was written in takes is approval of this proposal to the House to consider a rule reported the 1797, and for nearly 200 years, has by change our rules. Let the reform go on same day. Similarly, motions in the House to law provided the basis for our House as we keep faith with our promise in suspend the rules and pass a bill are proce- rules. the Contract with America to change dural in nature; if such motion is defeated, a That is why I rise today in support of the way Congress does business. The bill may be reconsidered in the House under the Proxy Voting Ban in the House Re- American people will be the winners. H 58 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mrs. SEASTRAND. Mr. Speaker, I re- only the Member that it is issued to The SPEAKER pro tempore (Mr. serve the balance of my time. that can cast the precious vote, the BILIRAKIS). The gentleman from Penn- Mr. BONIOR. Mr. Speaker, I yield 2 privileged vote to represent their con- sylvania is recognized for as much as 2 minutes to the gentleman from Mis- stituents in this body. minutes. sissippi [Mr. MONTGOMERY]. I talked to Members and I remember Mr. GEKAS. Mr. Speaker, I thank my (Mr. MONTGOMERY asked and was my freshman year in 1991 when I cast colleague from California for yielding given permission to revise and extend my first vote and continue to feel it a me the time. his remarks.) privilege casting votes in this body. It Mr. Speaker, tonight we bring this Mr. MONTGOMERY. Mr. Speaker, I is against our rules and we have very House back to orthodoxy by eliminat- rise in support of this amendment, Sec- strict measures when somebody else ing the vote by proxy. In any language, tion 104, the ban on proxy voting. As tries to cast this vote in this body. I everyone in America knows that the the Speaker knows in the chair who think that it should be the same meas- heart and soul of the legislative proc- serves on the Committee on Veterans ures that we take in our committees, ess is resting with the committee and Affairs, we have not had proxy voting so that we do not have proxy voting in the committees’ work in the Congress for a number of years. It has worked our committees. of the United States. Subcommittee, very, very well. We have good attend- Richard Fenno, a pundit and scholar full committee, task force, it is the ance at our committee meetings, sub- on Congress, says that the business of guts of the legislative process that hap- committee meetings and when we have Congress is done in its committees. pens beyond the walls of this Chamber, a vote, we almost have 100 percent vot- That does not mean we legislate more, and the final action taken on this floor ing on that amendment, on that bill. that means we do the job of oversight is really tinsel, it is show time, all of We do not support proxy voting. We more to be accountable to our con- the work, all of the deliberation, all have not had it for 20 years in our Com- stituents. I think this card helps en- the amendments, all of the drafting, all mittee on Veterans Affairs, one of the sure that on the House floor, and I of the crafting already having been ac- most important committees in this think this new rule helps ensure that complished in the halls of the commit- Congress, and I certainly hope we in our committees. tee system itself. would adopt this amendment. This is a good measure to ban proxy The gentleman from Mississippi and I would hope that the people on this voting and I commend Members to vote others who have spoken so eloquently side, most of us over here on the other for this measure. know that we as trustees of the card side are supporting this amendment, Mrs. SEASTRAND. Mr. Speaker, I that allows us to vote on the floor of and you would not call for a vote and yield 1 minute to the gentlewoman the House cannot transfer it to anyone we could move along and get out of from Wyoming [Mrs. CUBIN]. else. As a matter of fact, it is a viola- here a little earlier. (Mrs. CUBIN asked and was given tion of the law, a criminal violation if Mrs. SEASTRAND. Mr. Speaker, I permission to revise and extend her re- any Member should transfer his or her thank the distinguished gentleman marks.) card to someone else to vote that vote from Mississippi for his kind com- Mrs. CUBIN. Mr. Speaker, I rise on the floor. ments. today to voice my support for eliminat- Is it not an irony that that is a Mr. Speaker, I yield 1 minute to the ing the misguided, but long-held, con- crime, but we permitted for so many gentlewoman from Idaho [Mrs. gressional practice of allowing absen- years someone to vote a dozen or two CHENOWETH]. tee proxy votes to take place in com- dozen votes in committee with ghost Mrs. CHENOWETH. Mr. Speaker, we mittee. riders in the sky elsewhere in the Cap- just heard the gentleman from Califor- Putting an end to these absentee itol while a bill is being crafted, nia refer to Thomas Jefferson. Thomas proxy votes is a crucial part of fulfill- amended, and finally passed in com- Jefferson loved Monticello but he never ing our pledge to the American people mittee. hesitated to spend 4 days riding horse- to create a more open and truly rep- I recommend it not just because we back to come to Washington to person- resentative Congress. It is an impor- have in the contract with the Amer- ally fulfill his responsibilities. tant early step along the path of mo- ican the banning of proxy voting, but When we call on young men and mentous change and reform that will because the American people recognize young women to defend this Nation put the people’s government back on that this is a fraud on the legislative against foreign interests by placing our the right track. process. We tonight end it for all time. your men and women in harm’s way, Like many of my colleagues, I am op- The SPEAKER pro tempore. All time they do not have a choice. They must posed to this practice which allows on for debate on section 104 of the resolu- take themselves physically and person- individual to cast a vote in committee tion has expired. ally to the call of their Nation. They on behalf of another member. The peo- The question is on section 104 of the cannot send a proxy. ple of this country have the right to resolution. What we ask of them we must ask of expect and demand that those of us in The question was taken; and the ourselves. Mr. Speaker, that is ac- Congress carry out the job we sent here Speaker pro tempore announced that countability. to do—namely, make the tough choices the ayes appeared to have it. The people of this great Nation ex- and cast our votes in person. Mrs. SEASTRAND. Mr. Speaker, on pect us personally to represent them Furthermore, I have an additional, that I demand the yeas and nays. and their views and to be held account- and somewhat unique, reason for ob- The yeas and nays were ordered. able, to be in the line of fire and not jecting to proxy voting. I am the lone The vote was taken by electronic de- behind the door with a proxy coming representative in the U.S. House of vice, and there were—yeas 418, nays 13, through the keyhole. Representatives from the State of Wyo- not voting 2, as follows: Mr. BONIOR. Mr. Speaker, I have one ming. [Roll No. 9] remaining speaker this evening on this I do not want a California proxy vote particular issue. I yield 11⁄2 minutes to cancelling my vote. YEAS—418 the gentleman from Indiana [Mr. ROE- Mr. BONIOR. Mr. Speaker, I yield Abercrombie Barrett (WI) Blute MER]. back the balance of my time. Ackerman Bartlett Boehlert Mrs. SEASTRAND. Mr. Speaker, I Allard Barton Boehner b 2000 Andrews Bass Bonilla welcome the comments of the gentle- Archer Bateman Bonior Mr. ROEMER. Mr. Speaker, I rise in men from Mississippi, but hope that he Armey Becerra Bono strong support of this measure. I be- understands that we in the 104th Con- Bachus Beilenson Borski Baesler Bentsen Boucher lieve that as we all are issued our gress promised in the Contract With Baker (CA) Bereuter Brewster brand new cards today, and each one of America to have a recorded vote on Baker (LA) Berman Browder us has a sparkling new card that we in- each provision today. Baldacci Bevill Brown (CA) sert into the boxes in this Chamber, Mr. Speaker, I yield the balance of Ballenger Bilbray Brown (FL) Barcia Bilirakis Brown (OH) these cards have been personalized, in- my time to the gentleman from Penn- Barr Bishop Brownback dividualized, and secured so that it is sylvania [Mr. GEKAS]. Barrett (NE) Bliley Bryant (TN) January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 59 Bryant (TX) Gillmor McCrery Serrano Stupak Waldholtz edge of what choices each of us made Bunn Gilman McDade Shadegg Talent Walker Bunning Gonzalez McDermott Shaw Tanner Walsh while we were here. Burr Goodlatte McHale Shays Tate Wamp They deserve to know nothing less. Burton Goodling McHugh Shuster Tauzin Ward Madam Speaker, I reserve the bal- Buyer Gordon McInnis Sisisky Taylor (MS) Watt (NC) ance of my time. Callahan Goss McIntosh Skaggs Taylor (NC) Waxman Calvert Graham McKeon Skeen Tejeda Weldon (FL) Mr. BONIOR. Madam Speaker, I yield Camp Green McKinney Skelton Thomas Weldon (PA) myself such time as I may consume. Canady Greenwood McNulty Slaughter Thompson Weller Madam Speaker, the House of Rep- Cardin Gunderson Meehan Smith (MI) Thornberry White resentatives is supposed to be the peo- Castle Gutierrez Meek Smith (NJ) Thornton Whitfield Chabot Gutknecht Menendez Smith (TX) Thurman Wicker ple’s House. This is where the business Chambliss Hall (OH) Metcalf Smith (WA) Tiahrt Wilson of the American people is conducted, Chapman Hall (TX) Meyers Solomon Torkildsen Wise and the more sunshine that we can Souder Torres Wolf Chenoweth Hamilton Mfume shine on these Chambers and these Christensen Hancock Mica Spence Torricelli Woolsey Chrysler Hansen Miller (CA) Spratt Towns Wyden committee rooms, the better off the Clay Harman Miller (FL) Stark Traficant Wynn American people will be. Clayton Hastert Mineta Stearns Tucker Young (AK) The days of backroom deals are over. Clement Hastings (FL) Minge Stenholm Upton Young (FL) Clinger Hastings (WA) Mink Stockman Velazquez Zeliff We make decisions in this building Clyburn Hayes Moakley Stokes Visclosky Zimmer every day that affect every man, Coble Hayworth Molinari Studds Volkmer woman, and child in this country, and Stump Vucanovich Coburn Hefley Mollohan I think the American people have a Coleman Hefner Montgomery Collins (GA) Heineman Moorhead NAYS—13 right to see those decisions being Combest Herger Moran Collins (IL) Frank (MA) Vento made. But it is also time to shut out Condit Hilleary Morella Collins (MI) Gejdenson Waters the influence of special interests. Cooley Hilliard Murtha Conyers Kaptur Williams I support this amendment, and I com- Costello Hinchey Myers Dellums Lambert-Lincoln Cox Hobson Myrick Dingell Scott mend those who are offering it, but I do Coyne Hoekstra Nadler not think it is enough merely to open Cramer Hoke Neal NOT VOTING—2 all meetings to the public. We should Crane Holden Nethercutt be held accountable for all aspects of Crapo Horn Neumann Johnston Yates Cremeans Hostettler Ney public life. and that means all political Cubin Houghton Norwood b 2020 contributions should be disclosed as Cunningham Hoyer Nussle well. We are required by law to disclose Danner Hunter Oberstar So section 104 of the resolution was Davis Hutchinson Obey agreed to. the names of the people who contribute de la Garza Hyde Olver The result of the vote was announced to our political campaigns, and we do. Deal Inglis Ortiz as above recorded. But there are some organizations DeFazio Istook Orton which have an influence on this body DeLauro Jackson-Lee Owens A motion to reconsider was laid on DeLay Jacobs Oxley the table. which refuse to disclose who they con- Deutsch Jefferson Packard The SPEAKER pro tempore (Mrs. tribute to, where they get their money Diaz-Balart Johnson (CT) Pallone JOHNSON of Connecticut). Section 105 of from, and I think it is time to change Dickey Johnson (SD) Parker that as well. Dicks Johnson, E. B. Pastor the resolution is now debatable for 20 Dixon Johnson, Sam Paxon minutes. The gentleman from Ohio Let me give you one example: There Doggett Jones Payne (NJ) [Mr. CREMEANS] will be recognized for is an organization called GOPAC, Dooley Kanjorski Payne (VA) which, by some accounts, has played a Doolittle Kasich Pelosi 10 minutes, and the gentleman from Dornan Kelly Peterson (FL) Michigan [Mr. BONIOR] will be recog- role in electing over 200 Members of Doyle Kennedy (MA) Peterson (MN) nized for 10 minutes. this institution. Over the past 9 years, Dreier Kennedy (RI) Petri The Chair recognizes the gentleman GOPAC has raised between $10 million Duncan Kennelly Pickett and $20 million. Many of these con- Dunn Kildee Pombo from Ohio [Mr. CREMEANS]. Durbin Kim Pomeroy (Mr. CREMEANS asked and was tributions come from people who have Edwards King Porter given permission to revise and extend a direct interest in Federal legislation. Ehlers Kingston Portman We do not know who these people are, Ehrlich Kleczka Poshard his remarks.) Emerson Klink Pryce Mr. CREMEANS. Madam Speaker, I where this money came from, because Engel Klug Quillen yield myself such time as I may GOPAC has not disclosed the list of its English Knollenberg Quinn consume. past contributors. Ensign Kolbe Radanovich With deals like this, is it any wonder Eshoo LaFalce Rahall Today I offer an amendment num- Evans LaHood Ramstad bered section 105 to the House rules that the American people think that Everett Lantos Rangel mandating public access to committee this Congress is for sale? I think the Ewing Largent Reed public has a right to know who these Farr Latham Regula proceedings. The American people have Fattah LaTourette Reynolds spoken. Less than 2 months ago I was people are, and we should open our Fawell Laughlin Richardson chosen to represent over a half million meetings and GOPAC needs to open all Fazio Lazio Riggs of its meetings. Fields (LA) Leach Rivers Ohioans, and today I become their Rep- Fields (TX) Levin Roberts resentative to this body. PARLIAMENTARY INQUIRY Filner Lewis (CA) Roemer Those Ohioans have every right to Mr. SOLOMON. Madam Speaker, I Flake Lewis (GA) Rogers know what I do here, and this amend- have a parliamentary inquiry. Flanagan Lewis (KY) Rohrabacher Foglietta Lightfoot Ros-Lehtinen ment guarantees that right. The SPEAKER pro tempore. The gen- Foley Linder Rose It is appropriate that today, with tleman will state it. Forbes Lipinski Roth what is expected to be the largest view- Mr. SOLOMON. Madam Speaker, is Ford Livingston Roukema Fowler LoBiondo Roybal-Allard ing audience of a House proceeding this germane to section 105 of the bill Fox Lofgren Royce ever, we allow the watchful eye of the that we are debating, this discussion? Franks (CT) Longley Rush public into our committees as well. Mr. BONIOR. Madam Speaker, if I Franks (NJ) Lowey Sabo No longer will House business be al- could finish my remarks, I will address Frelinghuysen Lucas Salmon Frisa Luther Sanders lowed to take place behind locked and my colleague’s comments because I Frost Maloney Sanford closed doors. From this point forward think they are good comments. I think Funderburk Manton Sawyer the public will have the right to view it is directly germane. Furse Manzullo Saxton Gallegly Markey Scarborough our activities. Madam Speaker, I yield myself such Ganske Martinez Schaefer Our democracy is built upon having time as I may consume. Gekas Martini Schiff choices. On November 8 we each were The SPEAKER pro tempore. The re- Gephardt Mascara Schroeder chosen by the people to be here today. marks should pertain specifically to Geren Matsui Schumer Gibbons McCarthy Seastrand This amendment simply provides those this portion of the resolution adopting Gilchrest McCollum Sensenbrenner same men and women with the knowl- the rules. H 60 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. BONIOR. This portion of the bill because we not only govern ourselves, have that are closed to the public, but deals with open meetings, and that we set an example, and I think it is im- one of the first things that I ran into deals with open Government. And if we portant for us to pass this by a big vote here as a new Member was a meeting are going to have open Government, we and set an example of openness. that was closed to the public, and that should make sure that the contribu- Now my friend referred to GOPAC, was the Committee on Ways and Means tions of the people are reviewed, that and he should not have, apparently markup of the tax increase of 1993 we know where they come from, espe- under the rules, talked about the sub- which was closed down to the public cially as they affect legislation. It stance. But what is important is the where not only the public and the seems to me if GOPAC has nothing to example we will set. There are political press, but other Members, had to leave hide, then they should have nothing to organizations controlled by Members of the room. be afraid of. If GOPAC will not come this House that are not open. What bet- Madam Speaker, the argument that clean and will not open their books, I ter way to encourage them to do the was given to me at the time was that think the American people have a right right thing? What better way to tell Members who are on the panel, on the to ask, ‘‘What are they trying to hide?’’ the people of GOPAC that they should committee at the time, needed to feel Mr. THOMAS of California. Madam be open than for us to follow that same free to speak their mind and to vote Speaker, the gentleman is not ger- rule? their conscience, and that if the public mane. So, let us set the example, and let were in the room, they would not be al- b GOPAC profit by our example, and let lowed to do that. That is exactly why 2030 those who are so worried that we would we need this rules change to pass, so POINT OF ORDER even discuss it on the floor of the that the public knows exactly what is Mr. THOMAS. Madam Speaker, I House—— going on. have a point of order. Mr. THOMAS. Madam Speaker, will Mr. BONIOR. Madam speaker, I yield The SPEAKER pro tempore. (Mrs. the gentleman yield? 1 minute to the gentleman from Cali- JOHNSON of Connecticut). The gen- Mr. FRANK of Massachusetts. I yield fornia [Mr. FAZIO], our caucus chair- tleman will state his point of order. to the gentleman from California. man. Mr. THOMAS. The gentleman is not Mr. THOMAS. Madam Speaker, the Mr. FAZIO of California. Madam germane. gentleman skates very nicely on thin Speaker, I thank the gentleman from The SPEAKER pro tempore. We will ice. Michigan [Mr. BONIOR] for yielding this proceed. The gentleman from Ohio [Mr. Mr. FRANK of Massachusetts. I time to me. CREMEANS] is recognized. thank the gentleman very much for his Madam Speaker, I ask the gentleman Mr. CREMEANS. Madam Speaker, I acknowledgment of defeat on this from California [Mr. POMBO] to come yield 45 seconds to the gentleman from issue. We can talk about openness. The back to the microphone because I Nebraska, the home State of the na- point is—— would like to ask him about this. I tional champion Nebraska Cornhuskers The SPEAKER pro tempore. The have a copy of a letter which he signed [Mr. CHRISTENSEN]. time of the gentleman from Massachu- along with the gentleman from Texas (Mr. CHRISTENSEN asked and was setts has expired. [Mr. ARMEY] and a number of other given permission to revise and extend Mr. FRANK of Massachusetts. I Members saying, ‘‘Let’s close the gift his remarks.) would ask for an additional 30 seconds loophole for foundations, LSOs and Mr. CHRISTENSEN. Madam Speaker, since I yielded to Tonya Harding over caucuses.’’ This was October of 1993. I rise in support of item No. 5, the sun- there. One of the justifications for this re- shine rule for committees, and I thank Mr. BONIOR. Madam Speaker, I yield quest was to require all Member-affili- the gentleman from Ohio [Mr. 30 seconds to the gentleman from Mas- ated foundations to disclose contribu- CREMEANS] for the kind gesture about sachusetts. tors. Public disclosure of contributions the Nebraska Cornhuskers and the na- Mr. FRANK of Massachusetts. will ensure the integrity of Member-af- tional championship we just won. Madam Speaker, I will say I meant filiated foundations and silence any My colleagues, on November 8 the that in a purely metaphorical sense, criticism that special interest con- American people sent a clear message but let me say I thank the gentleman tributions are being made to influence to Congress: ‘‘No more business as for yielding. Members of Congress. usual, no more backroom deals, no I think the example of openness we I wonder if the gentleman can tell me more conducting the people’s work in set here is important. Let GOPAC and what difference there is between this secrecy. Enough is enough.’’ every other political organization con- worthy instinct that caused him to This measure puts an end to business trolled by Members of the House follow sign this letter and the situation that as usual and ushers in a new era of the example because certainly no Mem- applies with GOPAC. openness and accountability. ber of the House would want to be con- Mr. POMBO. Madam Speaker, will What it requires is simple—from now sidered so inconsistent as to vote that the gentleman yield? on all committee and subcommittee we will open meetings that no one Mr. FAZIO of California. I yield to meetings will be open to the public and wants to come to and then at the same the gentleman from California. media, except in extraordinary cir- time conceal information that people Mr. POMBO. Madam Speaker, I think cumstances involving national security want to know about. The principle of that it is pretty simple. The LSOs were or personal matters. openness is important. Let us hope using taxpayer money, and what we As my colleague from the State of that it sets a good example. were afraid of—— Washington has said, ‘‘The days of the Mr. CREMEANS. Madam Speaker, I Mr. FAZIO of California. These are smoke-filled room and closed doors are yield 45 seconds to the gentleman from the foundations that get—— over.’’ It’s time to open the doors, California [Mr. POMBO], who in his first Mr. POMBO. If the gentleman will let throw open the windows, and let the term led the protest against closed- me answer, I will tell him. It was com- glorious light of representative democ- door meetings. bining. This was my concern, combin- racy shine in. Mr. POMBO. Madam Speaker, I ing, commingling, official money with Mr. BONIOR. Madam Speaker, I yield thank the gentleman from Ohio [Mr. outside money, and that was my con- 1 minute to the gentleman from Massa- CREMEANS] for yielding this time to cern, and that is why I signed onto the chusetts [Mr. FRANK]. me. letter. Mr. FRANK of Massachusetts. Madam Speaker, when I first got here Mr. FAZIO of California. The gentle- Madam Speaker, I am all for this. I was I came from the State of California, man’s request was to get the founda- not aware that there were many meet- and I represent the State of California tion grants. ings that were not open. Most of the where we do have open meeting laws, The SPEAKER pro tempore. The Members I know generally try to get and we are required to conduct our time of the gentleman from California the press to come to their meetings business in the open, and, as the pre- [Mr. FAZIO] has expired. rather than keep them away, but I vious gentleman said, that he was not Mr. CREMEANS. Madam Speaker, I think it is important that we do this aware of very many meetings that we yield 1 minute to the gentlewoman January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 61 from Florida [Mrs. FOWLER], who (Mr. ZIMMER asked and was given Mr. NEY. Madam Speaker, I appre- served as cochairman of the Republican permission to revise and extend his re- ciate my colleague from Ohio and freshman class reform task force in the marks.) neighboring Congressional District for last Congress. Mr. ZIMMER. Madam Speaker, in the yielding time to me. Mrs. FOWLER. Madam Speaker, I 1970’s, nearly every State in the Union Madam Speaker, I want to stay to rise in strong support of the sunshine enacted sweeping open public meetings the subject matter, because obviously rule. The Republican freshman class of laws. Inspired by Florida’s sunshine from this side tonight it has strayed I 1992 made open meetings a top priority law and spurred by citizens’ organiza- believe from the original intent of in our reform efforts when we took of- tions such as Common Cause, legisla- what we are talking about, which is fice 2 years ago. Those of us who came tures across America opened the meet- sunshine. And with our good par- here from States with sunshine laws ings of virtually every State and local liamentarian BOB WALKER, I don’t were shocked to learn that committee public body to the public. want to have him rule me out of order, chairmen could lock out the American Congress responded only partially to so I am not going to talk about Ralph people for almost any reason. We were this demand for reform. It left a gaping Nader and his hidden monies, and some appalled when a meeting was closed to loophole in its rules that allowed com- of the labor unions and how they have the public because tax increases were mittee meetings to be closed by simple monies, and I come from a labor area being discussed. majority vote for any reason or for no that may not necessarily have to be My home State of Florida, the Sun- reason. right out in the open sunshine. shine State, has some of the toughest It is high time for Congress to be sub- I want to stick to the subject matter, open meeting laws in the country. ject to the same open meetings re- which I think we have to do, and that Local and State government improved quirements that have applied for more is the fact of talking about the influ- because of those laws. than 20 years to the zoning boards and ence of the lobbyists. The lobbyists are It is time to shine a light under the the boards of education in the smallest there to present people’s points of view done here at the U.S. Capitol. We can communities in New Jersey and across that they represent back in our dis- never forget that we work for the the Nation. Justice Louis Brandeis was tricts, but it should be done out in the American people, and what we do here right when he said sunlight is the best open. we do for them. I was a participant in a closed con- disinfectant. It is time for us to join This rule will ensure the doors re- ference committee when I chaired the the 50 States and the communities of main open, and I encourage my col- Senate Finance Committee in Ohio. We this Nation and open our doors and leagues to support it. finally came into the 21st Century and open our windows and let the sun shine Mr. BONIOR. Madam Speaker, I yield our colleagues opened the process up in in. 1 minute to the gentlewoman from Ar- the State. All the States have, and it is Mr. BONIOR. Madam Speaker, I yield kansas (Mrs. LAMBERT LINCOLN). time we come into the 21st Century. I 1 minute to the distinguished gentle- (Mrs. LAMBERT LINCOLN asked and believe what we are trying to do here woman from Colorado [Mrs. SCHROE- was given permission to revise and ex- everybody does agree with, and urge DER]. tend her remarks.) support. Mrs. SCHROEDER. Madam Speaker, Mrs. LAMBERT LINCOLN. Madam Mr. BONIOR. Madam Speaker, I yield I thank the gentleman for yielding, and Speaker, I thank the gentleman for one and a half minutes to the gen- yielding. As has been said earlier in I salute the gentleman from Michigan tleman from Massachusetts [Mr. for his leadership to fight on this, be- this debate, the best place to dry laun- FRANK]. dry is still in the sunshine, and the cause he is right. Government is not a Mr. FRANK of Massachusetts. sunshine is still the best place for Con- fungus, it can thrive in sunshine. But Madam Speaker, I thank the gen- gress to air our discussions about legis- the point I think the gentleman was tleman for yielding. I think we ought lation. trying to make, too, that is connected to be clear as to what we are talking As we look to the committee struc- to this is that the voters are not stu- about here. In my experience I have ture to help us in deciding, forming, de- pid, and they also know that some of seen very few, in fact, no closed meet- veloping, and perfecting legislation, it the issues they see that will now be ings. is very critical for us to keep those discussed in sunshine and have been in There is a very important concept meetings open and open to the public, many meetings already, but what they known as the elephant stick. The ele- the very people who pay our salaries are going to see in the sunshine, they phant stick is a stick that a man car- and who are directly affected by the know those deals may have been cut ries. It is not Tonya Harding’s stick, it laws that we passed. They should cer- somewhere else. And that is why you is the one that you carry around Du- tainly be welcome to see Congress in have to let the sunshine in a little pont Circle, and people say, ‘‘What are its action. brighter. you doing with that stick?’’ And the Congress in committee is certainly I think it goes back to the original answer is, ‘‘Well, it is to keep away all Congress in action, and that is where I concept I was talking about of the coin the elephants.’’ They say, ‘‘Well, there feel like it is most important as we operated legislative machine. If you aren’t any elephants at Dupont Cir- look to the committee structure as only get to see what is coming out of cle.’’ Then you say, ‘‘My stick works.’’ well as the conference reports, the con- the machine, you are only seeing half Now, my friends on the other side ference committees, to make sure that of the machine. And that is why many have got a lot of elephant sticks to- they do remain open to the public. De- of us are very disappointed tonight. We night. They are banishing nonexistent bate over these decisions should be do not have an opportunity to amend elephants at a fast and furious pace. If held in the public eye. this so that we can add sunshine as to they want to take credit for it, that is That is why I strongly support this what went into the machine, who was fine. But I have to tell you that these proposal. This will not threaten our na- putting the coins into the machine, closed meetings they talk about are tional security interests, because we and is there a connection. widely a figment of their imagination. found that classified information will I think the gentleman from Michigan But I am concerned about openness still be protected, and that is why I made an excellent point, and I only in this regard: I was told we were going support this legislation in opening up hope next time we get a chance to to have a new way of operating. Is it to the very people of the public that make an amendment so we see sun- the plan, and I will be glad to yield to which we are here to do on their behalf. shine everywhere. any member of the leadership on the Mr. CREMEANS. Madam Speaker, I Mr. CREMEANS. Madam Speaker, I other side, is it the plan to finish this yield 1 minute to the gentleman from yield 1 minute to a new Member from rule, and then take up another sepa- New Jersey [Mr. ZIMMER], who led the the Buckeye State, the gentleman from rate important bill, the compliance fight for similar legislation. Ohio [Mr. NEY] bill, at 2 or 3 o’clock in the morning, Mr. ZIMMER. Madam Speaker, I (Mr. NEY asked and was given per- and then do nothing tomorrow? thank the gentleman for yielding time mission to revise and extend his re- Is that the new way of legislating, to me. marks.) that we will take up the important H 62 CONGRESSIONAL RECORD — HOUSE January 4, 1995 question of compliance and its related of? What scares us so much about pub- Act in the Joint Committee on the Or- issues at 2 or 3 o’clock in the morning, lic scrutiny? ganization of Congress. keeping people here on overtime, and In a free and open society, shouldn’t Ms. DUNN. Madam Speaker, I want then tomorrow have nothing to do at Congress—the People’s House—take to thank all the people who have all? the lead in providing access? In giving helped on the Sunshine Act. This is a If that is in fact the plan on the other assurances to our constituents that wonderful moment for many of us, a side, I hope the leadership will tell us they’ll have a bird’s eye view of what is real moment of true reform. that, so some of us can suggest we going on in their government? Almost 2 years ago, Representative ought to finish this bill, go home for As we all know, many of the most RICH POMBO and the Republican fresh- the night, and come in tomorrow and critical public policy decisions are men and I spearheaded a freshman Re- then act on the compliance bill in the made at the committee level; we’ve got publican class project to put an end to sunshine, not at 2 o’clock in the morn- to ensure that the American people— closed-door sessions where public busi- ing. the people who sent us here—are part ness was done in private. Specifically, Mr. CREMEANS. Madam Speaker, I of that process. No reform is more im- and I want to inform the gentleman yield one minute to my fellow class- portant to a more accountable Con- from Massachusetts [Mr. FRANK], we mate from the Commonwealth of Vir- gress. had been outraged when the then chair- ginia the gentleman from Virginia. I’m pleased that this measure has fi- man, the gentleman from Illinois [Mr. [Mr. DAVIS]. nally been given the chance to see the ROSTENKOWSKI] escorted the public and (Mr. DAVIS asked and was given per- light of day. Now, let’s vote to shine the press out of a committee meeting mission to revise and extend his re- that light—freedom’s torch—on our and closed the meeting so no one would marks.) own proceedings. see Democrats voting to raise taxes Mr. DAVIS. Madam Speaker, I have b 2050 retroactively, while every single Re- been in local government for 15 years publican opposed them. where we were subject to sunshine As we all know, the most critical As the only freshman on the Joint laws, and I believe that total access for public policy decisions around here are Committee on the Organization of Con- the public and the media at committee made at the committee level. They af- gress, it was then my privilege to con- meetings will end once and for all the fect all Americans. We have to ensure tinue to push this item in the last Con- controversial practice of shutting the that the American people, the people gress, but the majority in the last Con- doors to meeting rooms and barring who sent us here, are part of that deci- gress was not friendly to reform, the public to facilitate backroom deals sionmaking process. No reform is more Madam Speaker. The Sunshine Act and with special interests. important, I believe, Madam Speaker, other important reforms were bottled This did happen, this is one elephant to accountability than this measure. up in committee and stalled to seeming on May 6th, 1993, when the Democratic I am pleased this measure has finally death. majority excluded the public while the been given the chance to see the light However, those reforms did not die. Committee on Ways and Means consid- of day. Now let us shine that light, Instead, they are being enacted today ered a $270 billion tax increase. freedom’s torch, on all of our proceed- by a new majority, and this sunshine Madam Speaker, meetings to prepare ings. rule is the direct descendent of our ef- tax bills should be open to the public, Mr. BONIOR. Madam Speaker, I yield fort 2 years ago. Now finally the rules as should other legislation that is myself such time as I may consume. will be changed. The public now has being drafted, and these other commit- Madam Speaker, let me just conclude the right to see the public’s business tee meetings should be open as well. by suggesting that this is a good being conducted. After all, Madam Open meetings will discourage back- amendment that the gentleman from Speaker, the public pays for the proc- room deals and increase congressional Ohio [Mr. CREMEANS] has suggested. I ess. They should be able to view the accountability. The committee sun- think it is time, I said earlier, that we process. shine reforms are long overdue. We let the sunshine in on all of our work- Now on this opening day, as reforms apply these reforms to many parts of ings in this institution and our com- begin, let the public watch their public the Executive Branch. it is time we mittees, but I again invite my col- servants. Let the press report events apply them to Congress as well. leagues on the other side of the aisle to based on eyewitness accounts. Let the Mr. CREMEANS. Madam Speaker, I let the sunshine in on those who have television cameras be our eye on the yield 1 minute to my friend and neigh- contributed through GoPAC to those process, when we cannot be here in bor from Ohio, the gentleman from campaigns. Washington, DC. Ohio [Mr. PORTMAN]. I think with important legislation Madam Speaker, let the sunshine in. (Mr. PORTMAN asked and was given coming before us so quickly in this ses- I thank the gentleman for yielding permission to revise and extend his re- sion, and there will be significant legis- time to me. marks.) lation that we will have before us in The SPEAKER pro tempore (Mrs. Mr. PORTMAN. Madam Speaker, I the next 90 days, it is important that JOHNSON of Connecticut). All time has thank my Ohio neighbor for yielding. the American people understand who expired. The question is on section 105 Madam Speaker, when I came to Con- contributed, how much, when they con- of the resolution. gress in a special election in 1993, the tributed, and in what States. We do not The question was taken; and the very first measure that I consponsored have that information now. Every Speaker pro tempore announced that was something called the Congres- other political campaign committee the ayes appeared to have it. sional Sunshine Act. As many in this has to disclose. GoPAC should be no ex- Mr. CREMEANS. Madam Speaker, on Chamber will recall, that was to be ception. that I demand the yeas and nays. part of the great reform movement of I would encourage and urge my col- The yeas and nays were ordered. the 103d Congress. The reforms never leagues in calling for revelations of The vote was taken by electronic de- happened. their contributions. It seems to me vice, and there were—yeas 431, nays 0, I am very pleased we have the oppor- that if GoPAC has nothing to hide, not voting 2, as follows: tunity tonight to act on this measure. then it should have nothing to be I am very pleased to see we have some afraid of. If GoPAC will not come clean [Roll No 10] new converts, who had the chance to and will not open their books, I think YEAS—431 cosponsor this bill last year and chose the American people have the right to Abercrombie Baldacci Becerra not to. ask what GoPAC is hiding. Ackerman Ballenger Beilenson Allard Barcia Bentsen Madam Speaker, the Sunshine Act Mr. CREMEANS. Madam Speaker, to Andrews Barr Bereuter was the first bill I consponsored be- close the debate on this vital rule Archer Barrett (NE) Berman cause it seemed indefensible to me, change, I yield 1 minute to the gentle- Armey Barrett (WI) Bevill that with the exceptions listed in this woman from Washington [Ms. DUNN], Bachus Bartlett Bilbray Baesler Barton Bilirakis rule, there is a need to hold hearings who led the charge on the issue in the Baker (CA) Bass Bishop behind closed doors. What are we afraid last Congress, fighting for a Sunshine Baker (LA) Bateman Bliley January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 63 Blute Foglietta Levin Roberts Slaughter Traficant Mr. FOX. Mr. Speaker, last year’s Boehlert Foley Lewis (CA) Roemer Smith (MI) Tucker Boehner Forbes Lewis (GA) Rogers Smith (NJ) Upton budget debate proved how easy it is for Bonilla Ford Lewis (KY) Rohrabacher Smith (TX) Velazquez Congress to impose higher taxes and Bonior Fowler Lightfoot Ros-Lehtinen Smith (WA) Vento increased spending on the American Bono Fox Linder Rose Solomon Visclosky people. Today we take a significant Borski Frank (MA) Lipinski Roth Souder Volkmer Boucher Franks (CT) Livingston Roukema Spence Vucanovich step toward making tax increases infi- Brewster Franks (NJ) LoBiondo Roybal-Allard Spratt Waldholtz nitely more difficult. Browder Frelinghuysen Lofgren Royce Stark Walker The goal of this new rule is twofold. Brown (CA) Frisa Longley Rush Stearns Walsh First, it will require three-fifths major- Brown (FL) Frost Lowey Sabo Stenholm Wamp Brown (OH) Funderburk Lucas Salmon Stockman Ward ity vote for tax increase measures and Brownback Furse Luther Sanders Stokes Waters amendments. Additionally, it will Bryant (TN) Gallegly Maloney Sanford Studds Watt (NC) place a prohibition on retroactive tax Sawyer Stump Waxman Bryant (TX) Ganske Manton increases. Bunn Gejdenson Manzullo Saxton Stupak Weldon (FL) Bunning Gekas Markey Scarborough Talent Weldon (PA) Had the three-fifths requirement Burr Gephardt Martinez Schaefer Tanner Weller been in effect during the 103d Congress, Burton Geren Martini Schiff Tate White the Clinton tax increase would not Buyer Gibbons Mascara Schroeder Tauzin Whitfield Callahan Gilchrest Matsui Schumer Taylor (MS) Wicker have passed. Instead of it passing by Calvert Gillmor McCarthy Scott Taylor (NC) Williams only one vote and with the support of Camp Gilman McCollum Seastrand Tejeda Wilson only one party, a clear bipartisan con- Sensenbrenner Thomas Wise Canady Gonzalez McCrery sensus would have been required. Cardin Goodlatte McDade Serrano Thompson Wolf Castle Goodling McDermott Shadegg Thornberry Woolsey The retroactive tax increases, which Chabot Gordon McHale Shaw Thornton Wyden added insult to injury, would not have Chambliss Goss McHugh Shays Thurman Wynn been possible had the new rule been in Chapman Graham McInnis Shuster Tiahrt Young (AK) Chenoweth Green McIntosh Sisisky Torkildsen Young (FL) effect. Taxes would not have been Christensen Greenwood McKeon Skaggs Torres Zeliff raised for 8 retroactive months for mil- Chrysler Gutierrez McKinney Skeen Torricelli Zimmer lions of hard working Americans, small Skelton Towns Clay Gutknecht McNulty business owners and senior citizens. Clayton Hall (OH) Meehan Clement Hall (TX) Meek NOT VOTING—2 If Members believe Americans are Clinger Hamilton Menendez Gunderson Yates undertaxed, they will not favor these Clyburn Hancock Metcalf proposals. But if they believe, as I do, Coble Hansen Meyers Coburn Harman Mfume b 2107 we must be cautious about tax in- Coleman Hastert Mica So, section 105 of the resolution was creases and they were appalled by the Collins (GA) Hastings (FL) Miller (CA) agreed to. spectacle of last-minute deals which Collins (IL) Hastings (WA) Miller (FL) accompanied the 1993 tax increase, Collins (MI) Hayes Mineta The result of the vote was announced Combest Hayworth Minge as above recorded. they ought to support this reform. Condit Hefley Mink The largest tax increase in American Conyers Hefner Moakley A motion to reconsider was laid on the table. history was passed August 5, 1993, by Cooley Heineman Molinari just one vote and with no bipartisan Costello Herger Mollohan The SPEAKER pro tempore (Mr. support. That will not happen in this Cox Hilleary Montgomery KOLBE). Section 106 of the resolution is Coyne Hilliard Moorhead now debatable for 20 minutes. The gen- new Congress. A tax increase enacted Cramer Hinchey Moran could only happen in the future if it Crane Hobson Morella tleman from Pennsylvania [Mr. FOX] Crapo Hoekstra Murtha will be recognized for 10 minutes, and has the broad support of Democrats Cremeans Hoke Myers the gentleman from Georgia [Mr. and Republicans working together Cubin Holden Myrick when all other reasonable alternatives LEWIS] will be recognized for 10 min- Cunningham Horn Nadler have been exhausted. Danner Hostettler Neal utes. Davis Houghton Nethercutt Ms. WATERS. Mr. Speaker, I have an Mr. Speaker, I yield 2 minutes to the de la Garza Hoyer Neumann amendment at the desk. gentleman from New Jersey [Mr. Deal Hunter Ney SAXTON]. DeFazio Hutchinson Norwood The SPEAKER pro tempore. The DeLauro Hyde Nussle Chair does not recognize the gentle- Mr. SAXTON. Mr. Speaker, I com- DeLay Inglis Oberstar mend the gentleman for bringing this Dellums Istook Obey woman at this time for an amendment. The gentleman from Pennsylvania [Mr. amendment to our attention. Deutsch Jackson-Lee Olver As you know, this amendment to the Diaz-Balart Jacobs Ortiz FOX] is recognized for 10 minutes. Dickey Jefferson Orton House Rules provides for a three-fifths Dicks Johnson (CT) Owens PARLIAMENTARY INQUIRY or 60 percent vote as a necessity to Dingell Johnson (SD) Oxley Ms. WATERS. Parliamentary in- pass any income tax increase. I first in- Dixon Johnson, E. B. Packard Doggett Johnson, Sam Pallone quiry, Mr. Speaker. troduced this concept in the form of a Dooley Johnston Parker The SPEAKER pro tempore. The gen- rule change on Tax Freedom Day, May Doolittle Jones Pastor tlewoman will state her inquiry. 8, 1991. I recognized then, as I do now, Dornan Kanjorski Paxon Doyle Kaptur Payne (NJ) Ms. WATERS. Mr. Speaker, I have an that our choices in methods used to Dreier Kasich Payne (VA) amendment at the desk in this section. balance the budget involve two very Duncan Kelly Pelosi This is a section that increases the difficult types of decisions. First, do we Dunn Kennedy (MA) Peterson (FL) vote requirement for raising taxes from raise taxes, or second, do we hold down Durbin Kennedy (RI) Peterson (MN) Edwards Kennelly Petri a simple majority to a three-fifths ma- spending to bring the budget into bal- Ehlers Kildee Pickett jority. I wish to protect Social Secu- ance. Ehrlich Kim Pombo rity from being cut by a simple major- History shows quite clearly that Emerson King Pomeroy Engel Kingston Porter ity. Why can I not add this amendment when faced with those two difficult op- English Kleczka Portman at this time? tions, this House has historically opted Ensign Klink Poshard The SPEAKER pro tempore. The gen- to increase taxes. Why? Simply because Eshoo Klug Pryce tlewoman should be advised that under it has always been the easier of the Evans Knollenberg Quillen Everett Kolbe Quinn the rule that amendment is not in two. Ewing LaFalce Radanovich order at this time. For example, in 1990, in the name of Farr LaHood Rahall The gentleman from Pennsylvania deficit reduction, the House leadership Fattah Lambert-Lincoln Ramstad Fawell Lantos Rangel [Mr. FOX] is recognized for 10 minutes. went off to Andrews Air Force Base Fazio Largent Reed Mr. FOX. Mr. Speaker, I yield myself with President Bush and his staff and, Fields (LA) Latham Regula such time as I may consume. in the name of deficit reduction, ar- Fields (TX) LaTourette Reynolds (Mr. FOX asked and was given per- rived at an agreement to increase taxes Filner Laughlin Richardson Flake Lazio Riggs mission to revise and extend his re- to once and for all put this deficit prob- Flanagan Leach Rivers marks.) lem behind us. It didn’t work. H 64 CONGRESSIONAL RECORD — HOUSE January 4, 1995 So then, in 1993, once again in the on retroactive rate increases that invariably the natural inclination of simple majorities name of deficit reduction, this time led mulct a small percentage of the electorate. to fasten an unfair proportion of the costs of by President Clinton and the Democrat Support this rule change. It is an es- government on minorities. The same is true leadership, Congress foisted the biggest sential element in restructuring our regarding Mr. Solomon’s recommended ban on retroactive rate increases that invariably tax increase in this country’s history fiscal process. mulct a small percentage of the electorate. upon the American people to once and Mr. Speaker, I include for the Experience teaches that spending bills are for all get the deficit reduction prob- RECORD the article from the Washing- characteristically spendthrift. The reasons lem behind us. It didn’t work either. ton Times of December 20, 1994 entitled are twofold: The benefits are ordinarily con- The fact of the matter is that, in ‘‘Solomon’s Wise House Discipline’’ on centrated and stimulate strong lobbying ef- 1990, the Andrews Air Force Base tax this subject, as follows: forts by the beneficiaries while the costs are deal was put together because we had House Rules Committee chairman-des- ordinarily diffuse. The logarithmic rocketing ignate Gerald Solomon deserves laurels for of Social Security spending illustrates that projected a horrendous $170 billion defi- political phenomenon. It speaks volumes cit by 1995. Today, after two tax in- proposed rule changes that would counteract the propensity of legislators to levy unfair or that in 1988 when Congress enacted a cata- creases and our failure to hold down oppressive taxes to fund run-away spending. strophic health insurance law for Medicare spending, the deficit at this year’s end Mr. Solomon will recommend to the 104th recipients fully funded by risk-based pre- is projected to be $180 billion, that’s Congress rules that would prohibit retro- miums, the elderly immediately screamed right, $10 billion more than had been active increases in federal income tax rates, for and obtained its repeal because they be- projected previously in 1990. and would require at least 60 percent House lieved the benefits were not worth the price majorities to approve prospective rate if they were the payors. In other words, Med- Once again, I point out that this is icare recipients would oppose the expansion after the two largest tax increases in jumps. These types of procedural checks on of Medicare spending if they were required to our country’s history. We’re not fool- majoritarian foolishness or over-reaching bear the cost. Spiralling government spend- ing anyone. Congress has always taken are neither unconstitutional nor novel; they ing also is politically attractive because a the easy way out and we have never represent praiseworthy efforts to overcome hefty portion of the cost through budget solved our deficit problem by raising skewed political incentives that systemati- deficits can be fastened * ** taxes. cally divorce government taxes and spending [From the Washington Times, Dec. 20, 1994] from public sentiments or the nation’s fu- The problem, as one Joint Economic TAX INCREASE LIMITATIONS ture welfare. Indeed, the House and Senate Committee study shows, is that for should require supermajorities to approve If the tax and spend profligacy of Congress each dollar in tax increases we have legislation that would increase tax levies of seemed confined to some special, urgent, and historically increased spending by any sort (not just federal income tax rates), transitory national need, then the justifica- $1.59. Therefore, it is clear that the increase federal government spending, or im- tion for supermajority voting rules would be route of least resistance, increasing pose substantial spending mandates on weak. But the profligacy seems endemic to taxes, has not worked. This rule states, localities or private enterprise. contemporary politics; the federal budget change will tend to put better balance Supermajority voting rules are constitu- has invariably been in deficit for a quarter of a century, and has become so habitual to in that process. tional and legislative commonplaces. For in- stances, two-thirds majorities in both houses lawmakers that deficits less than $200 billion Some have indicated a concern re- of Congress are required to override a presi- are oxymoronically styled ‘‘austerity.’’ garding the constitutionality of this dential veto or to propose constitutional Federal mandates that require states, lo- measure. Let me put those concerns to amendments, and a two-thirds Senate vote is calities, or private enterprise to incur sub- rest. I would like to quote from an arti- required to ratify treaties or to convict of an stantial costs to provide benefits to constitu- cle that appeared in the Washington impeachable offense. Many state constitu- ents or employees should also confront Times on December 20, 1994 by Bruce tions prohibit or tightly circumscribe the supermajority voting rules. They are more Fein. power of the legislature to levy new taxes or alluring to Congress than the most charming to increase bonded indebtedness. And U.S. temptress; the mandates gain the federal Supermajority voting rules are constitu- Senate rules require supermajorities to end lawmakers popularity with the beneficiaries tional and legislative commonplaces. filibusters or to waive balanced budget req- while escaping the unpopularity of increased The U.S. Supreme Court blessed the con- uisites for proposed legislation. Thus, the taxes to cover the costs of service. stitutionality of supermajority restraints on Uruguay Round GATT implementing bill ne- The justifications for the presidential vote the tax and spending propensities of govern- cessitated a 60 percent majority to waive the elaborated by Alexander Hamilton in Fed- ment in Gordon vs. Lance (1971). At issue Senate’s balanced budget rule. eralist 73 equally support the wisdom of Mr. were provisions of West Virginia laws that The U.S. Supreme Court blessed the con- Solomon’s proposed rules of legislative self- prevented political subdivisions from incur- stitutionality of supermajority restraints on restraint. Hamilton praised the veto as a ring bonded indebtedness or increasing tax the tax and spending propensities of govern- ‘‘salutary check upon the legislative body, rates beyond limits fixed in the West Vir- ment in Gordon vs. Lance (1971). At issue calculated to guard the community against ginia Constitution without the approval of 60 were provisions of West Virginia laws that the effects of faction, precipitancy, or of an percent of the voters in a referendum elec- prevented political subdivisions from incur- impulse unfriendly to the public good . . .’’ tion. Writing for the majority, Chief Justice ring bonded indebtedness or increasing tax Acknowledging that the veto might prevent Warren Burger stressed the political incen- rates beyond limits fixed in the West Vir- the enactment of good laws, he rejoined: tive for prodigality when the cost can be sad- ginia Constitution without the approval of 60 ‘‘[T]his objection will have little weight with dled on future generations without any polit- percent of the voters. in a referendum elec- those who can properly estimated the mis- ical voice: ‘‘It must be remembered that in tion. Writing for the majority, Chief Justice chief of that inconstancy and mutability in voting to issue bonds voters are committing, Warren Burger stressed the political incen- the laws, which form the greatest blemish in in part, the credit of infants and of genera- tive for prodigality when the costs can be the character and genius of our govern- tions yet unborn, and some restriction on saddled on future generations without any ments. They will consider every institution such commitment is not an unreasonable de- political voice. ‘‘It must be remembered that calculated to restrain the excess of lawmak- mand.’’ in voting to issue bonds voters are commit- ing . . . as much more likely to do good than The burden of federal income tax rate in- ting, in part, the credit of infants and of gen- harm. . . .’’ creases, unlike bonded indebtedness, must be erations yet unborn, and some restriction on Mr. Solomon’s proposed supermajority vot- fully borne by current votes. But they typi- such commitment is not an unreasonable de- ing rule for tax rate increases is a commend- cally are targeted at a minority slice of the mand.’’ able self-imposed legislative complement to electorate, such as those increases cham- The burden of federal income tax rate in- the constitutional veto power designed to pioned by the Clinton administration and en- creases, unlike bonded indebtedness, must be block improvident laws. Indeed, the rule acted by the 103d Congress. And the revenues fully borne by current votes. But they typi- should be broadened to reach all bills that generated by tax rate increases are charac- cally are targeted at a minority slice of the would raise taxes or spending. It should be teristically dedicated to spending programs electorate, such as those increases cham- remembered that the Constitution itself is a that benefit voters who escaped the tax in- pioned by the Clinton administration and en- testament against simple majoritarian rule; crease—for example, food stamps, Medicaid, acted by the 103rd Congress. And the reve- it thus smacks of obtuseness to interpret welfare, housing, job training, education, nues generated by tax rate increases are that anti-majortiarian charter as militating and farm subsidies. Mr. Solomon’s 60 percent characteristically dedicated to spending pro- against congressional self-restraint in law- supermajority voting rule for tax rate in- grams that benefit voters who escaped the making. creases is thus a healthy corrective to the tax increase—for example, food stamps, Med- natural inclination of simple majorities to icaid, welfare, housing, job training, edu- Mr. FOX. Mr. Speaker, I reserve the fasten an unfair proportion of the costs of cation and farm subsidies. Mr. Solomon’s 60 balance of my time. government on minorities. The same is true percent supermajority voting rule for tax Mr. LEWIS of Georgia. Mr. Speaker, regarding Mr. SOLOMON’s recommended ban rate increases is thus a healthy corrective to for the purposes of debate only, I yield January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 65 45 seconds to the gentlewoman from Mr. Speaker, it is ironic that on this having their own fiscal houses thrown California, [Ms. WATERS]. first day of a Republican Speaker in 40 in disorder. (Ms. WATERS asked and was given years, a Speaker who is a learned his- It is not only appropriate—but abso- permission to revise and extend her re- torical and a college professor of his- lutely necessary in light of the Court’s marks.) tory, who spoke eloquently of Ben ruling—that the House take this action Ms. WATERS. Mr. Speaker, I ask Franklin and the checks and balances to stop retroactive taxes. unanimous consent to offer the amend- and the Great Compromise that was I urge all of my colleagues, in a bi- ment I have at the desk. necessary to allow us to build a Con- partisan way to vote for this important The SPEAKER pro tempore. Under stitution that has lasted for 208 years, reform. The American taxpayers de- the rule, the amendment is not in it is ironic our Speaker is willing to serve nothing less. order, and the gentlewoman is not rec- lead Members, including 73 new Mem- Mr. LEWIS of Georgia. Mr. Speaker, ognized for the purpose of offering an bers, over a constitutional cliff. He for the purposes of debate only, I yield amendment at this time. The gentle- knows this greatest of constitutions 21⁄2 minutes to the gentleman from Col- woman has been recognized to speak on clearly specifies five instances where a orado [Mr. SKAGGS]. the section that is under debate. supermajority is necessary for a deci- Mr. SKAGGS. Mr. Speaker, civiliza- Ms. WATERS. Mr. Speaker, I say to sion. tion depends upon civility, and civility the American people I would like them Except for the ultimate penalty of re- rests upon an implicit trust that we to pay attention, watch closely. I have moving a Member of the branch who each abide by a shared sense of bounds, an amendment to offer now but I can- has been duly elected by the people in of what is within the rules. Each of us not. his or her district, all of those other must be able to expect of the others four represent veto override, treaty Republicans ran saying they wanted that we will play by the rules, and not ratification, impeachment, ratification to open up the congressional process. play with the rules. or rejection of a personnel or action by Now they are in charge, but look what The proposed rule does violence to a coequal branch. has happened. Today we have no this essential aspect of a civil society. chance to offer our proposals to change It is ironic for all of the years that It is a proposal to go beyond the House rules. the Senate, the other body, has re- bounds, to play with the rules, instead If Republicans believe it is fair to re- quired a supermajority to close debate. of by them. And in a most uncivil way, quire a three-fifths majority to raise They never dared to suggest that once it would abuse the discretion given this taxes, why can I not offer an amend- debate was closed it took more than a House by the Constitution to deter- ment to require the same majority in simply majority, one-half plus one, to mine the rules of its proceedings, by order to protect Social Security? I am make the decision. using the rules of the House to subvert ready to offer it today, but I cannot. And the ultimate irony, Mr. Speaker, part of the Constitution: the principle The Republicans will not allow this de- is that the Republican majority does of majority rule that is central to the bate today. not need to do this. They have the ma- operation of the legislative branch. If the American people voted for jority. They can simply vote ‘‘no’’ and change, I am not sure that is what they accomplish what is there. The Republicans say this proposed are getting. This type of reform is not So one can only conclude, Mr. Speak- rules change makes the difference be- what the people had in mind last No- er, that section 106 is a deliberate ef- tween them and the Democrats clear. vember, Mr. Speaker. fort to attack the Constitution which True. But it is not the difference they I would like to protect seniors, many is so strongly lauded here and which we assert. of whom live in fear of losing their all took an oath to uphold. Republicans say this rule change only income source. If Republicans Mr. FOX. Mr. Speaker, I yield 1 makes it clear that they are opposed to want to use the rules to further their minute to the gentleman from Min- tax increases. But this rule has much political ends, we Democrats would nesota [Mr. RAMSTAD]. more to do with the Constitution than like to use that means to protect sen- Mr. RAMSTAD. Mr. Speaker, what a with taxes. ior citizens. long way we have come in dealing What it really makes clear is that for Mr. LEWIS of Georgia. Mr. Speaker, straight with the American people. the sake of political posturing the Re- I yield such time as he may consume to Less than 17 months ago, this body publicans are willing to trample on the the gentleman from Utah [Mr. ORTON]. cast aside basic fairness and imposed Constitution which has guided us for (Mr. ORTON asked and was given unprecedented retroactive tax in- 206 years. permission to revise and extend his re- creases. American taxpayers were The Constitution is the most fun- marks.) aghast to learn that the tax increases damental statement of American val- Mr. ORTON. Mr. Speaker, I rise in opposi- were made effective to a date before ues, the very charter of our democracy. tion to the resolution. I urge my colleagues to President Clinton had even assumed of- The oath of office we took this after- re-read the U.S. Constitution, the history of the fice! noon was to support and defend the Constitutional Convention, and the Federalist Today, we are restoring credibility Constitution and to bear true faith and Papers. Madison, Jefferson, Hamilton and Jay with the American people. If this pro- allegiance to it. The first responsibil- were correct. The right decision was made posed rule is adopted, it will be against ity of our job in Congress is to honor and incorporated into our Constitution. All bills the rules of the House to consider any that charter and remain true to its are adopted by simple majority of both Houses legislation that contains a retroactive basic principles. except for overriding a Presidential veto im- tax increase. The gentleman from New York, the peachment, and amending the Constitution. In the last Congress, I authored new chairman of the Rules Committee, This resolution would create the requirement House Resolution 2147 to incorporate has written that the Constitution says of a supermajority to pass legislation not spec- this ‘‘taxpayer-protection’’ provision in the House may write its own rules. Yes. ified in the Constitution. Notwithstanding the our House rules. All told, 165 of our col- And the gentleman has quoted an 1892 fact that this is a bad idea, it is also unconsti- leagues either cosponsored that resolu- Supreme Court decision, United States tutional. tion or signed Discharge Petition No. versus Ballin, which says this rule- I urge my colleagues to reject this resolu- 11. making power ‘‘is absolute and beyond tion. Today, thanks in no small part to the challenge of any other body or tri- Mr. LEWIS of Georgia. Mr. Speaker, Chairman SOLOMON, we are finally get- bunal’’ so long as it does ‘‘not ignore for the purposes of debate only, I yield ting our chance to adopt this rule constitutional constraints or violate 11⁄2 minutes to the gentleman from change. fundamental rights.’’ Massachusetts [Mr. OLVER]. Mr. Speaker, last summer, while not But there’s the rub. The rulemaking speaking on the wisdom of retroactive power of the House does not give us a b 2120 taxes, the Supreme Court gave Con- license to steal other substantive pro- Mr. OLVER. Mr. Speaker, I thank gress a green light to raise taxes in visions of the Constitution, especially the gentleman for yielding me this this patently unfair manner, putting not one so central as the principle of time. all tax-paying Americans at risk of majority rule. H 66 CONGRESSIONAL RECORD — HOUSE January 4, 1995 The gentleman from New York con- would it provide that the Vice Presi- preme Court intervention in an area best left veniently failed to point out that a dent votes in the Senate only when to responsible congressional decision. unanimous Supreme Court in that very ‘‘they be equally divided’’? Because, as I ask unanimous consent to include same case determined that one con- Hamilton explained in Federalist No. after may remarks in the RECORD the stitutional constraint that limits the 68, it was necessary ‘‘to secure at all law professors’ full memorandum. rulemaking power is the requirement times the possibility of a definitive res- So, if this rule is so clearly unconsti- that a simple majority is sufficient to olution of the body.’’ Certainly the tutional, why propose it? pass regular legislation in Congress. To Framers didn’t intend the Senate to The answer is simple. This rule is a quote the Court: operate by the principles of majority gimmick. It is an act of high posturing. The general rule of all parliamentary bod- rule, but not the House. And as much as the Republicans may ies is that, when a quorum is present, the act Indeed, majority rule is such a fun- wish to seem opposed to tax increases, of a majority of the quorum is the act of the damental part of a democratic legisla- it is unseemly to do so at the expense body. This has been the rule for all time, ex- of the Constitution. cept so far as in any given case the terms of ture that the Founders saw no need to the organic act under which the body is as- state it explicitly—just as they didn’t This rule itself would violate the sembled have prescribed specific limitations. bother to spell out that it is the top Constitution, and voting for it would ** * No such limitation is found in the Fed- vote-getter, not the second-place fin- violate our oath to uphold the Con- eral Constitution, and therefore the general isher, who wins a race for Congress. stitution. Those are, obviously, serious law of such bodies obtains. But each is an inherent element of our matters. The Court expressed the same under- constitutional framework. Beyond that, if we start down this standing as recently as 1983, when, in The reason behind the principle of road of making it harder for Congress Immigration and Naturalization Service v. simple majority rule was stated clearly to carry out some of its responsibil- Chadha, it stated: in The Federalist—one of the five ities, who knows where it will end. Two * * * Art. II, sect. 2, requires that two- books which the new Speaker has weeks ago, Rep. Solomon sent out a thirds of the Senators present concur in the urged every Member to read. In Fed- ‘‘dear colleague’’ letter enclosing and Senate’s consent to a treaty, rather than the eralist No. 58, James Madison wrote: endorsing a newspaper column saying simple majority required for passage of legis- It has been said that more than a majority that this supermajority requirement lation. ought to have been required for a quorum, should be broadened to apply to all This principle, while not written into and in particular cases, if not in all, more taxes and fees; to any spending in- the text of the Constitution, was ex- than a majority of a quorum for a decision. crease; and to any bill imposing any plicitly adopted by the Constitutional That some advantages might have resulted costs on any type of private business— Convention. It was explicitly defended from such a precaution, cannot be denied. It for example, the Clean Air Act. in The Federalist, the major contem- might have been an additional shield to some So let’s be clear that if we vote today porary explanation of the Framer’s in- particular interests, and another obstacle for a supermajority for one type of leg- tent. It was followed by the first Con- generally to hasty and partial measures. But islation, in the future we’ll be voting these considerations are outweighed by the gress on its first day, and by every Con- inconveniences in the opposite scale. In all on extending that bad idea to other gress for every day since then. And, as cases where justice or the general good types of legislation, too. And with it, I’ve already indicated, this principle might require new laws to be passed, or ac- we slide measurably toward the has been explicitly found by the Su- tive measures to be pursued, the fundamen- empowerment of a minority against preme Court to be part of our constitu- tal principle of free government would be re- which Madison warned. tional framework. versed. It would be no longer the majority that Of course, the supermajority idea The Framers were very much aware would rule; the power would be transferred to might not stop at a three-fifths vote. If of the difference between a the minority. Were the defensive privilege the idea here is to make it hard to supermajority and a simple majority. limited to particular cases, an interested mi- raise taxes, do we really want it to be nority might take advantage of it to screen They met in Philadelphia against the themselves from equitable sacrifices to the easier to go to war than to raise taxes? historical backdrop of the Articles of general weal, or in particular emergencies to So perhaps we should have a rule re- Confederation, which required a extort unreasonable indulgences. (Emphasis quiring unanimous consent to declare supermajority in Congress for many ac- added.) war. tions, including the raising and spend- And again, remember that it was a Is any of that nonsense really less ing of money. It was the paralysis of lack of effective national government, preposterous—less an assault on the national government caused by the produced by the minority-rule effects basic American values of democracy supermajority requirement, more than of the supermajority provisions of the and majority rule—than the rule that any other single cause, that led to the Articles of Confederation, that led to is before us today? convening of the Constitutional Con- the convention that wrote the Con- The idea of a three-fifths majority to vention. stitution. raise tax rates was first proposed in the In that Philadelphia Convention, the Some argue that a three-fifths re- Republican Contract with America as a delegates repeatedly considered, and quirement to raise taxes would be like part of a balanced-budget amendment rejected, proposals to require a a two-thirds vote requirement to sus- to the Constitution, not as a rules supermajority for action by Congress, pend the rules and pass a bill, or the 60- change. For those of you who are seri- either on all subjects or on certain sub- vote requirement to end debate in the ous about this idea, that is the appro- jects. In only five instances did they Senate. Wrong. Those rules address priate and lawful way to do it—through specify something more than a major- procedural steps. A bill not approved an amendment to the Constitution. ity vote. These are for overriding a under suspension of the rules in the This proposal raises profound con- veto, ratifying a treaty, removing offi- House can be reconsidered and passed stitutional issues. Yet, there have been cials from office, expelling a Rep- by a simple majority. After debate is no hearings. And debate here tonight resentative or Senator, and proposing over in the Senate, only a simple ma- on the floor is limited to all of twenty amendments to the Constitution. jority is required to pass any bill. minutes. That is a shamelessly cavalier Amendments to the Constitution later So this proposed rule is not like any approach to a matter of such impor- added two others: restoring certain rule adopted in the 206 years in which tance. It belies its advocates’ claims to rights of former rebels, and determin- we have operated under our Constitu- a thoughtful and open deliberative ing the existence of a Presidential dis- tion. As 13 distinguished professors of process in this House. ability. constitutional law recently said in urg- What is at stake here is the Constitu- The records of the debates in Phila- ing the House to reject this rule: tion. Have respect for this foundation delphia make it clear that in all other document of our democracy. Don’t re- instances the writers of the Constitu- This proposal violates the explicit inten- turn us to the failed approach of the tions of the Framers. It is inconsistent with tion assumed that a simple majority the Constitution’s language and structure. It Articles of Confederation. Don’t sub- would suffice for passage of legislation. departs sharply from traditional congres- vert the Constitution’s basic prin- The text of the Constitution itself also sional practice. It may generate constitu- ciples. And don’t ask us to break the indicates as much. Why, otherwise, tional litigation that will encourage Su- oath of office we just took. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 67 Mr. Speaker, I call on my colleagues supermajorities for specially important sub- of serious deliberation by the Members. to support and defend the Constitution jects, including the raising and spending of House rules are made unilaterally without of the United States. money.5 But the Philadelphia Convention de- consultation with the Senate. Hence sub- cisively rejected such a system, repeatedly stantive judgments cannot be reached after To: The Honorable Newt Gingrich. voting down key proposals that imposed the complex bicameral process contemplated From: (Institutional affiliations are for pur- supermajorities in legislative fields of spe- by Article I. House rules are made by a bare poses of identification only) Bruce Acker- cial sensitivity.6 In Federalist No. 22, Alex- majority. Hence the enactment of man, Professor of Law and Political ander Hamilton explicitly defended this deci- supermajority rules provides a mechanism to Science, Yale University; Akhil Amar, Pro- sion to break with the supermajority system transform a narrow majority into a fessor of Law, Yale Law School; Philip of the Articles, insisting that ordinary legis- supermajority at a time when the process of Bobbitt, Professor of Law, University of lation should not ‘‘give a minority a nega- substantive deliberation has not yet seri- Texas Law School; Richard Fallon, Profes- tive upon the majority.’’ 7 ously begun. The introduction of substantive sor of Law, Harvard Law School; Paul The Founders rejection of selective policies into procedural rules, then, under- Kahn, Professor of Law, Yale Law School; supermajority rule for specially sensitive mines the system of deliberative democracy Philip Kurland, Professor of Law, Univer- legislation was neither casual nor peripheral established at the Founding. sity of Chicago Law School; Douglas to their larger design. Instead, it was based Defenders of the supermajority rule have Laycock, Professor of Law, University of on practical experience and careful consider- minimized its threat to constitutional values Texas Law School; Sanford Levinson, Pro- ation of the arguments on both sides. Noth- by suggesting ‘‘that the same House major- fessor of Law, University of Texas Law ing in the past two centuries of our history ity that votes to impose a three-fifths rule School; Frank Michelman, Professor of authorizes a simple majority of the House to could as easily vote to rescind that rule if it Law, Harvard Law School; Michael Perry, take unilateral action and restrike the con- truly wanted to raise taxes.’’ 11 But this Professor of Law, Northwestern University stitutional balance. claim is simply false. Once the sixty-percent School of Law; David Strauss, Professor of 2. CONSTITUTIONAL TEXT AND STRUCTURE provision is on the books, its operation Law, University of Chicago Law School; Of course, there are times when the Con- would apply to tax legislation unless the Cass Sunstein, Professor of Law, Univer- stitution weighs the balance differently. On House agreed to suspend its rules. But we sity of Chicago Law School; Harry Welling- seven different occasions, it stipulates a have seen that this can only occur after a ton, Dean, New York Law School. supermajority requirement.8 But it never two-thirds vote. House traditions even given We urge you to reconsider your proposal to makes three-fifths, rather than two-thirds, a the Speaker unilateral authority to refuse to amend the House Rules to require a three- numerical hurdle of special significance. recognize a motion to suspend the rules even fifths vote to enact laws that increase in- More fundamentally, it never places any spe- if two-thirds wished to allow the majority to come taxes.1 This proposal violates the ex- cial obstacles on the enactment of ordinary have its say.12 plicit intentions of the Framers. It is incon- legislation signed by the President.9 As the Indeed, even if the House wished to recon- sistent with the Constitution’s language and Chadha case teaches, this carefully consid- sider its opening day decision to impose a structure. It departs sharply from tradi- ered lawmaking system can only be changed three-fifths rule, it would have great dif- tional congressional practice. It may gen- by constitutional amendment.10 ficulty doing so. Such an effort normally re- erate constitutional litigation that will en- If the present proposal were legitimate, it quires the prior approval of the House Rules courage Supreme Court intervention in an would set a precedent for endless prolifera- Committee, whose composition does not mir- area best left to responsible congressional tion of supermajority requirements: If in- ror the House as a whole. The only remain- decision. come tax increases can be subject to a spe- ing method for reconsideration will be the Unless the proposal is withdrawn now, it cial rule, why not national defense or civil notoriously difficult procedure by which 218 will serve as an unfortunate precedent for rights? Since a 60 percent rule has no special members may finally force the Rules Com- the proliferation of supermajority rules on a place in the constitutional text, why not 55 mittee to ‘‘discharge’’ a measure that it has host of different subjects in the future. Over or 73 percent? Indeed, the present proposal bottled up.13 While 218 is an absolute major- time, we will see the continuing erosion of already suggests how easily this logic may ity of the whole House, requiring such a our central constitutional commitments to be extended. It not only contains a three- large number is inconsistent with Madison’s majority rule and deliberative democracy. fifths rule for income tax increases, but im- insistence that ‘‘a majority of a quorum’’ 1. ORIGINAL INTENTIONS poses a kind of unanimity rule for the spe- should suffice for ordinary legislation. By cial category of ‘‘retroactive’’ taxes—already The present proposal is unprecedented, but the time this mechanism could be employed, propelling us down the path to proliferation. it was anticipated by Madison in a remark- moreover, the chance to vote on pending tax It is true that the constitution gives each measures may have long since passed. ably prescient discussion in the Federalist house the right ‘‘to determine the rules of its Papers—a document that you rightly urge There is no escape, then, from the conclu- proceedings.’’ This sensible housekeeping sion that the proposed rule strikes at the your colleagues to reread with care. Federal- provision, however, does not authorize the ist No. 58 is explicitly directed to complaints heart of the system of deliberative democ- House to violate fundamental principles of racy established by the Constitution. about the constitutional design of the House. constitutional democracy. It simply author- It concludes by confronting an objection izes it to organize itself for informed and ef- 3. CONGRESSIONAL PRACTICE ‘‘against the number made competent for ficient debate and decision. The sixty-percent proposal seems to be legislative business.’’ Madison’s description Indeed, we have no objection to based on an analogy with the Senate’s prac- perfectly fits the present proposal: supermajority rules so long as they fit com- tice on cloture. Whatever the constitutional It has been said that more than a majority fortably within this rationale. Consider, for merits of the filibuster rule, it does not pro- ought to have been required for a quorum, example, the House rule that requires a two- vide a sound precedent. By making it hard to and in particular cases, if not in all, more thirds vote to suspend the rules for the expe- stop filibusters, the cloture rule provides for than a majority of a quorum for a decision.2 ditious consideration of legislation. This a more fully informed discussion, and falls Madison rejects this suggestion, but only supermajority requirement transparently within the rationale of the Constitution’s after recognizing that it serves certain val- serves the interest of the efficient organiza- grant of rule-making power to both Houses. ues—notably it might serve as a ‘‘shield to tion of decisionmaking. If it were too easy to In contrast to this general and procedural some particular interests, and another obsta- suspend House rules, there would be undue norm, the House proposal is selective and cle to hasty and partial measures.’’ 3 None- disruption of the normal system of delibera- substantive and is simply beyond the scope theless, he finds these considerations ‘‘out- tion and decision; but if it were impossible, of its rule-making authority. weighed’’ by more fundamental ones: the House would be incapable of responding It is quite true that, since 1985, Congress In all cases where justice or the general to emergencies. Hence, a two-thirds rule is a has passed new rules requiring a three-fifths good might require new laws to be passed, or perfectly appropriate way to exercise the majority in the Senate as part of the budget active measures to be pursued, the fun- House’s power ‘‘to determine the rules of its reconciliation process.14 While these provi- damental principle of free government would proceedings.’’ sions are vulnerable to our constitutional be reversed. It would be no longer the major- But the present proposal cannot be justi- objection, they are such recent innovations ity that would rule; the power would be fied as a general procedure aiming to induce that they can hardly count as a ‘‘tradition’’ transferred to the minority. Were the defen- deliberative decisionmaking. It is simply which demands constitutional respect. sive privilege limited to particular cases, an based upon a substantive and selective judg- interested minority might take advantage of ment that income tax increases—and only 4. SUPREME COURT REVIEW it to screen themselves from equitable sac- these increases—are unwise and should not We believe that the constitutional viola- rifices to the general weal, or in particular be encouraged. Such opinions are entirely tion is sufficiently plain and fundamental to emergencies to extort unreasonable indul- defensible, but they do not fall within the warrant action by the Supreme Court. As the gences.4 limited constitutional authority granted Court cautioned in United States v. Ballin, Madison’s audience understood the back- each house over its ‘‘proceedings.’’ House rules may not ‘‘ignore constitutional drop of these remarks. The Articles of Con- There is much more than language at restraints or violate fundamental rights.’’15 federation required Congressional stake. House rules are enacted on the first The Court went on to elaborate principles of day of the session. Hence substantive judg- constitutional interpretation of decisive sig- Footnotes at end of article. ments made in the rules cannot be the result nificance in the present case: H 68 CONGRESSIONAL RECORD — HOUSE January 4, 1995 [T]he general rule of all parliamentary 12 See Charles Tiefer, Congressional Practice and This measure may sound good to our con- bodies is that, when a quorum is present, the Procedure: A Reference, Research and Legislative stituents. Many Americans are upset at all of act of a majority of the quorum is the act of Guide 299 (Greenwood Press, 1989). 13 their taxes: Federal income taxes, State in- the body. This has been the rule for all time, Id. at 314–26. 14 See Kate Stith, Rewriting the Fiscal Constitu- except so far as in any given case the terms come taxes, sales taxes, and property taxes. tion: The Case of Gramm—Rudman-Hollings, 76 I share their sentimentsÐit is imperative that of the organic act under which the body is Calif. L. Rev. 593, 666 (1988). These rules were ex- assembled have prescribed specific limita- panded in scope in P.L. 101–508, sec. 13208, 104 Stat we provide middle-class Americans with tions.16 1388–619 (1990). As in previous cases, Congress made meaningful tax relief. We emphasize, however, that it would be it clear that such statutory creation of So why am I voting against this supposed far better to rethink the issue at this stage supermajority rules involved ‘‘an exercise of the reform? Quite simply because it threatens the than invite litigation. Not only would litiga- rule-making power of the Senate.’’ See sec 13305, 104 tion lead to a protracted period of uncer- Stat 1388–627 (1990). See also, P.L. 103–66, sec. 14004, very foundations of our democratic society and tainty, but it would destroy a valuable 107 Stat. 685 (1993). violates the American tradition of majority rule. 15 United States v. Ballin, 144 U.S. 1, 5 (1891). The Founding Fathers explicitly rejected the House tradition of constitutional self-re- 16 Id. at 6. straint in the exercise of its rule-making 17 See Michel v. Anderson, 14 F3d 623 (D.C. Cir. notion of supermajorities at the Philadelphia powers which has served the country well for 1994), affirming 817 F. Supp. 126 (D.D.C. 1993). See Constitutional Convention. As Alexander Ham- two centuries. It would be far better to re- also, Kennedy v. Sampson, 511 F2d 430 (D.C. Cir. ilton said, we should not ``give the minority a deem this tradition now without the need of 1974); Barnes v. Kline, 759 F2d 21, 25–30 (D.C. Cir. negative on the majority.'' an unnecessary confrontation with the 1985), vacated as moot sub nom Burke v. Barnes, 107 Court. S. Ct. 734 (1987) (reaffirming Kennedy analysis of James Madison was even more specific. Indeed, both the Senate and President standing); Laurence Tribe, American Constitutional With a supermajority, he said, ``the fundamen- would also find themselves drawn into the Law 152–54 (2d ed. 1988); Bator et al., Hart & tal principle of free government would be re- Wechsler’s Federal Courts and the Federal System controversy. Both of these branches would be 157 n. 7 (3d ed. 1988). versed. It would be no longer the majority that required to define their own constitutional 18 See INS v. Chadha, 462 U.S. 919 (1983); Powell v. would rule; the power transferred to the minor- responsibilities if a tax measure gained the McCormack, 395 U.S. 486 (1969). ity.'' support of a House majority that fell short of Mr. FOX. Mr. Speaker, I yield 1 Let us not try to solve one problem by creat- three-fifths. The resulting confusion would undermine fundamental commitments to the minute to the gentleman from Wash- ing worse ones. Let us all work together to rule of law, and would predictably draw the ington [Mr. TATE]. provide middle-class taxpayers with real and Supreme Court into the affair. Mr. TATE. Mr. Speaker, mugging a meaningful tax cuts. But let us not attack the Under applicable precedent, Representa- senior citizen and stealing their money very foundation of our free societyÐthe Amer- tives have standing to challenge basic law- will land you in jail. Why then is it so ican Constitution. It has served us well for making practices which dilute the voting easy for Congress to raise taxes and over 200 yearsÐlet's keep it. power that the Constitution grants to them spend more money out of the pockets Mr. LEWIS of Georgia. Mr. Speaker, and their constituents.17 Other cases estab- lish that the Supreme Court will intervene of hard-working American people? I yield such time as she may consume on the merits to protect the integrity of the Raising taxes, sending your money to to the gentlewoman from North Caro- deliberative and democratic process estab- Washington, DC, should not be simple. lina [Mrs. CLAYTON]. lished by the Constitution.18 The newly elected Congress was (Mrs. CLAYTON asked and was given But the better part of wisdom is to avoid given a message by the American peo- permission to revise and extend her re- confrontation and return to the foundations ple that the days of tax and of spend marks.) of deliberative democracy laid down by are over. Mrs. CLAYTON. Mr. Speaker, I rise Madison in the Federalist Papers. I am in favor of the proposal of re- in opposition to this unconstitutional FOOTNOTES quiring a 60-percent majority in order amendment. 1 Sec. 106. Limitation on Tax Increases: (a) No bill, to raise taxes so that the taxing ways Mr. LEWIS of Georgia. Mr. Speaker, joint resolution, amendment or conference report carrying an income tax rate increase could be con- of Congress are gone forever. I yield such time as she may consume sidered as passed or agreed to unless so determined This will restore the fiscal discipline to the gentlewoman from Georgia [Ms. by a vote of at least three-fifths of the House. No by which every American family must MCKINNEY]. measure or amendment could be considered that contains a retroactive income tax rate increase. live, spend less, save more, and balance (Ms. MCKINNEY asked and was given See p. 3 for our analysis of the second sentence of your budget. permission to revise and extend her re- this proposal. The simple solutions of the past have marks.) 2 Federalist No. 58, p. 396 (Ed. Jacob E. Cooke, Wes- cost Americans millions and cost the Ms. MCKINNEY. Mr. Speaker, I rise leyan University Press: 1961) (emphasis supplied). 3 Id. taxpayers thousands of jobs. People in opposition to this section. This rule 4 Ibid., p. 397. work hard for their money, and it would require a three-fifths majority 5 Articles of Confederation, art. 9, para. 6 (1781). should be hard for Congress to take to pass any legislation raising income 6 These proposals sought to impose a two-thirds rule on legislation dealing with commerce and navi- that from them. tax rates. This rule flies in the face of gation—fields which were understood to be sensitive I urge my colleagues to require a 60- the Constitution. It will only strength- precisely because they characteristically involved percent vote to approve all tax in- en the ability of special interest lob- taxation. 5 Johnathan Elliot, Debates on the Adop- creases. bies to paralyze this Nation. tion of the Federal Constitution 489–92, 552 (Phila- delphia: 1941). Mr. LEWIS of Georgia. Mr. Speaker, Let us be clear that this rule would 7 Federalist No. 22, supra n. 2, at 140. Like Madison, I yield such time as she may consume only govern taxes on earned income. Hamilton counseled that ‘‘much ill may be produced to the gentlewoman from Hawaii [Mrs. Income taxes are progressive taxes. Re- by the power of hindering that which is necessary from being done, and of keeping affairs in the same MINK]. publicans do not propose a three-fifths unfavorable posture in which they appended to stand (Mrs. MINK of Hawaii asked and was requirement to change the tax rate for at a particular period.’’ Id. at 141. given permission to revise and extend capital gains. Republicans do not pro- 8 The original Constitution identifies five contexts her remarks.) pose a three-fifths majority to create for supermajority rule—when overriding Presi- dential vetoes, ratifying treaties, proposing con- Mrs. MINK of Hawaii. Mr. Speaker, I tax shelters for tax avoiders. Repub- stitutional amendments, convicting on impeach- rise in opposition to this proposal. licans do not propose a three-fifths re- ments, and expelling members from the House or Mr. LEWIS of Georgia. Mr. Speaker, quirement to increase deficit spending Senate. Two more are added by the Fourteenth Amendment (two-thirds of both Houses required to I yield such time as he may consume to or raise the national debt. remove disability of rebellious officeholders) and the the gentleman from California [Mr. This is one more gimmick. Its a gim- Twenty-fifth Amendment (two-thirds of both Houses FILNER]. mick that will spawn more gimmicks. required to establish Presidential disability to dis- (Mr. FILNER asked and was given Its a gimmick that will undermine the charge office). In addition, the Twelfth Amendment requires an absolute majority of the relevant cham- permission to revise and extend his re- constitutional provisions for majority ber in cases where no candidate for President or marks.) rule in the House of Representatives. Vice-President has won a majority in the Electoral Mr. FILNER. Mr. Speaker, I rise in I urge my colleagues to respect the College. 9 The textual commitment to majority rule is also opposition to this unconstitutional pledge they made to uphold the Con- expressed by the grant of a vote to the Vice-Presi- measure. stitution. Don’t give in to gimmicks. dent in those cases in which the Senators are Mr. Speaker and colleagues, I rise in oppo- Mr. LEWIS of Georgia. Mr. Speaker, ‘‘equally divided.’’ U.S. Constitution, art. 1, sec. 3. sition to the requirement for a super-majority I yield such time as he may consume to 10 I.N.S. v. Chadha, 462 U.S. 919 (1983). 11 Letter of Roger Pilon to the Editor of the New of three-fifths of the House of Representatives the gentleman from California [Mr. York Times, December 16, 1994, p. 38, col. 8. to increase income taxes. BECERRA]. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 69 (Mr. BECERRA asked and was given Mr. FOX. Mr. Speaker, I yield 45 sec- that are worried about the income tax permission to revise and extend his re- onds to the gentleman from Illinois rates will be protected. marks.) [Mr. EWING]. But this is unconstitutional. There is Mr. BECERRA. Mr. Speaker, I also (Mr. EWING asked and was given per- no way that a simple majority of this rise in opposition to this measure. mission to revise and extend his re- House can adopt a rule here tonight Mr. LEWIS of Georgia. Mr. Speaker, marks.) and bind the rest of the House to re- I yield such time as he may consume to Mr. EWING. Mr. Speaker, ladies and quire a 60 percent vote on any other the gentleman from Vermont [Mr. gentleman of the House, the reason we thing. SANDERS]. are here tonight on this amendment is Mr. LEWIS of Georgia. Mr. Speaker, (Mr. SANDERS asked and was given because we forced through this House a for purposes of debate only, I yield 1 permission to revise and extend his re- retroactive tax increase last year. We minute to the gentlewoman from Con- marks.) would not probably be having this necticut [Mrs. KENNELLY]. Mr. SANDERS. Mr. Speaker, I rise in amendment today if you had not tram- Mrs. KENNELLY. Mr. Speaker, I rise opposition to this measure. pled on the rights of the taxpayers of in strong opposition to this rules Mr. LEWIS of Georgia. Mr. Speaker, America. This is a good bill, this is a change to have three-fifths to change for the purposes of debate only, I yield good amendment. We need this to pro- the tax rate for an increase or a de- 1 minute to the gentleman from Mary- tect American taxpayers. crease in income taxes, and I do this land [Mr. HOYER]. Support this amendment. because there is no precedent in Con- Mr. FOX. Mr. Speaker, I yield such gress requiring a super-majority for b 2130 time as he may consume to the gen- final action on any measure except tleman from Arizona [Mr. SHADEGG]. Mr. HOYER. Mr. Speaker, today our those specifically cited in the Constitu- (Mr. SHADEGG asked and was given new Speaker spoke of the majesty of tion, such as overriding a veto or im- permission to revise and extend his re- this House. He spoke of 208 years of his- peachment. marks.) We have seen what a super-majority tory. He spoke of the light of the Mr. SHADEGG. Mr. Speaker, I rise in has done in the Senate by requiring 60 world, this democracy, America. support of the amendment to require a It is our Constitution that gives this three-fifths vote majority to increase votes to end debate. It results in democracy its grace and its reverbera- taxes. gridlock. Nothing happens. Nothing tion around the world. Mr. FOX. Mr. Speaker, I yield such gets done. Whether you agree or disagree, no time as he may consume to the gen- I cite James Madison as he discussed one disagrees that this issue is of con- the rationale for not raising this tleman from Tennessee [Mr. DUNCAN]. stitutional magnitude. My freshmen (Mr. DUNCAN asked and was given threshold, and he said, ‘‘The fundamen- friends who want open meetings and permission to revise and extend his re- tal principles of free government would the elimination of ghost voting do not marks.) be reversed. It would no longer be the come to this House and say to the Mr. DUNCAN. Mr. Speaker, I rise in majority that would control, power American public that we will give 10 strong support of this tax limitation would be transferred to the minority.’’ minutes per side of an issue of con- provision. The new majority should not over- stitutional magnitude. If we retain the The very clear message of the last ride the wisdom of our forefathers. majority again and require a 3/5ths election was that the American people That is not a good rules change. vote to repeal any action taken by the want a smaller and less expensive gov- Mr. LEWIS of Georgia. Mr. Speaker, previous Congress, would any of you ernment. There is no better way to for purposes of debate only, I yield only stand still for such an act? I think not. start this process than by passing this 5 seconds to the gentleman from New Reject this provision. provision. York [Mr. OWENS]. Mr. FOX. Mr. Speaker, I yield 30 sec- The average American today pays al- Mr. OWENS. I thank the gentleman onds to the gentlewoman from Wash- most half of his or her income in taxes, for yielding. ington [Mrs. SMITH]. counting taxes of all types—Federal, Mr. Speaker, I move that we adjourn, Mrs. SMITH of Washington. I thank State, and local. This is not only and I ask for a recorded vote. the gentleman for yielding this time to enough, it is too much. Mr. LEWIS of Georgia. For purpose me. If we really want to help the children of debate only. Mr. Speaker, requiring a 3/5ths vote and families of this country, the best Mr. OWENS. I move we adjourn. makes tax increases a last resort. way we can do that is to greatly Mr. BARTON of Texas. Regular In Washington State just a year ago downsize the government and decrease order. Reserving the right to object—— the people of the State passed an ini- its cost. Only in this way can we allow Mr. WALKER. Is the motion in writ- tiative to do just this. And do you the individuals and families of this Na- ing? know what happened? Right now, in- tion to spend more of their own money Mr. VOLKMER. He recognized him. stead of considering tax increase, they on the things that they need the most. The SPEAKER pro tempore (Mr. are actually looking at places to con- I believe very strongly that the KOLBE). The gentleman is not yet rec- trol the budget and looking at the base American people can do a much better ognized. Is the gentleman’s motion in of the budget where we have never job of spending their money than the writing? looked before. bureaucrats in Washington who cur- Mr. OWENS. A motion to adjourn If we are going to get to control rently spend it for them. does not have to be in writing. spending and control the deficit, we ab- Mr. FOX. Mr. Speaker, I reserve the I move that we adjourn and ask for a solutely have to control the ability to balance of my time in order to close. recorded vote. raise taxes first. Mr. LEWIS of Georgia. Mr. Speaker, The SPEAKER pro tempore. Since a I urge my colleagues to vote ‘‘yes’’ for purposes of debate only, I yield 30 Member has properly demanded that on this proposal. seconds to the gentleman from Florida the notices be in writing, is the gentle- Mr. LEWIS of Georgia. Mr. Speaker, [Mr. GIBBONS]. man’s motion in writing? for purposes of debate only, I yield 15 Mr. GIBBONS. I thank the gentleman Mr. OWENS. In writing? It does not seconds to the gentleman from Indiana for yielding this time to me. have to be in writing. [Mr. JACOBS]. Mr. Speaker, it is obvious that many Mr. SOLOMON. Mr. Speaker, the gen- Mr. JACOBS. I thank the gentleman of the proponents of this proposal have tleman’s 5 seconds are up. for yielding this time to me. not even read it, for if they had, they The SPEAKER pro tempore. Did the Mr. Speaker, after everything is said would discover to their chagrin that it gentleman from Georgia yield to a that can be said, this proposal would only limits the Congress in enacting Member for the purpose of debate only? make it more, would make it easier to income tax rate increases, not tax in- Mr. LEWIS of Georgia. Mr. Speaker, run up the bills than to pay them, thus creases. You know what that will do: for purposes of debate only, I yield 45 beckoning one of the weakest aspects Merely transfer the tax increases over seconds to the gentleman from New of human nature. to other kind of taxes where the people York [Mr. LAFALCE]. H 70 CONGRESSIONAL RECORD — HOUSE January 4, 1995

Mr. LAFALCE. Mr. Speaker, I be- thinks they got it wrong. He would add his Ms. JACKSON-LEE. Mr. Speaker, let seech you, think what you are doing own policy preference to that select list. me say that I rise to say that I am not today. It may be the most important If he succeeds, the tactic will probably be here to raise taxes. I am here to lower vote of your congressional career. used again. Republicans could force a three- taxes. But what is the reason for a ma- 208 years ago this same fundamental fifths vote to cut defense spending, for exam- ple. If Democrats regain control, they could jority, a supermajority, when simply a debate took place. You have the oppor- require a three-fifths vote to cut poverty majority can say to the American peo- tunity to side with James Madison, programs. So much for majority rule. So ple, we don’t want taxes. I think that with Alexander Hamilton, and continue much for simple fairness. we are going in an unconstitutional the principles of the Constitution, or Mr. Gingrich’s boldness has a darker side— way if we start talking about making a you have the opportunity, by your vote recklessness. With this proposal, he defies superminority. It is important to be today, to side with those who wanted the intent of the framers of the Constitution, able to say we do not want to raise to retain the Articles of Confederation. and upsets a carefully-balanced system that taxes and we vote in a simple majority This amendment does violence to the has worked well for two centuries. to do so. principles established by our fore- If Mr. Gingrich believes tax hikes deserve such exalted status, he should proceed in ac- Mr. Speaker, there have been only fathers and by each and every one of cord with the Constitution and offer a con- three actions in the Constitution that our descendants in this House of Rep- stitutional amendment. That would require need a two-thirds vote. Why are we not resentatives. It is inherently unfair; it approval by two-thirds of each house in Con- trying to change, and to argue that we is inherently undemocratic; it is inher- gress, and three-fourths of the states—unless want to create this superminority? ently unconstitutional. tow-thirds of the states convene a constitu- I say to my colleagues, vote for lower The SPEAKER pro tempore. Does the tional convention. Apparently, Mr. Gingrich taxes. You don’t need a supermajority. gentleman from Pennsylvania [Mr. does not want to risk the scrutiny that the Support the Constitution. Founding Fathers prescribed for such mo- FOX] have only one remaining speaker? Mr. Speaker, I do not want to vote for an in- Mr. FOX. That is correct, Mr. Speak- mentous change. Other changes offered by Mr. Gingrich crease in taxes, and if such an item were pre- er. We want to make sure we are last. make sense. At his behest, the incoming Re- sented at this time, I would vote ``no.'' There The SPEAKER pro tempore. The gen- publican majority has voted to reduce the are only five situations where current rules re- tleman from Pennsylvania reserves the number of committees in the House, and cut quire more than a simple majority of Members balance of his time. staff. He would make each committee’s juris- voting for the House to act. A two-thirds Mr. FOX. Yes, Mr. Speaker. diction more clear. The change is designed to supermajority is required in two instancesÐ Mr. LEWIS of Georgia. Mr. Speaker, prevent several committees from latching passage of a bill under suspension of the for purposes of debate only, I yield 45 onto a single issue, as happened with health rules, and consideration of a rule rec- seconds to the gentleman from New legislation earlier this year. Mr. Gingrich was right to end funding for ommended by the Rules Committee on the Jersey [Mr. MENENDEZ]. the special caucuses, including the Black same day it was reported. Additionally, the (Mr. MENENDEZ asked and was Congressional Caucus and the Caucus for Constitution of the United States requires a given permission to revise and extend Women’s Issues. He has been accused of cut- two-thirds vote for House action in three situa- his remarks, and to include extraneous ting these funds to undercut his political op- tionsÐoverriding the President's veto, submit- material.) position, and that may be the case. Never- ting a constitutional amendment to the states Mr. MENENDEZ. Mr. Speaker, para- theless, there is merit to his case. for consideration, and expelling a Member phrasing from a newspaper editorial: The caucuses are special-interest groups, from the House. All other action by the House Not content with their party’s 15-vote ma- and taxpayers shouldn’t have to support is accomplished by a majority vote of Mem- them. The 28 caucuses that get taxpayer jority in the House of Representatives, the bers present and voting. Republicans want to improve their odds by money have spent $35 million in the last dec- ade, and critics say $7 million of that hasn’t This measure will simply tie the hands of changing the rules of the game. the House and actually prevent its Members The Republicans intend to offer a bill that been accounted for. One caucus, the New would require a 3/5s majority in the House to York State congressional delegation, bought from doing the business of the American peo- approve any bill increasing some taxes. So a Steuben glass eagle and 11 crystal apples as ple. The Constitution does not demand a much for the careful deliberations of the gifts for a retiring congressman and his staff. supermajority when dealing with tax issues. Constitution’s framers. They required a After losing this flight, the chairman of This legislation would serve only to help cer- supermajority only for the most momentous the black caucus, Kweisi Mfume, D–Md. tain, singled out groups, while other groups decisions—approving treaties, impeaching pledged that his caucus will raise private would be subject to the tax burdens that could money to continue its work. That’s the idea. Presidents, and expelling Members of Con- be randomly set by this House. gress. Republicans think they got it wrong. Mr. LEWIS of Georgia. Mr. Speaker, We can already vote ``no'' on tax increases They would add their own policy preference for purposes of debate only, I yield 30 with a simple majority vote. Why should we to that select list. seconds to the gentleman from Vir- If they succeed, the tactic will probably be implement a restriction which the Constitution used again. Republicans could force a 3/5s ginia [Mr. MORAN]. does not require, and, at the same time, stran- vote to cut defense spending. If Democrats Mr. MORAN. Mr. Speaker, our fore- gle this institution so that its Members cannot regain control, they could require a 3/5s vote fathers had such a deep respect for properly serve the interests of the people who to cut poverty programs. So much for major- major rule that they determined that elected them? ity rule. So much for simple fairness. majority rule was insufficient to send A simple majority will get you what you The Republican’s boldness has a darker our troops to war. They knew how dif- want. I will vote ``no'' on this item. side—their recklessness. With this proposal, ficult it would be to resist politically Mr. FOX. Mr. Speaker, I yield the they defy the intent of the framers of the popular pressures, but they were insist- Constitution and upset a carefully-balanced balance of our time to the gentleman system that has worked well for two cen- ent that there not be minority rule de- from Texas [Mr. BARTON] for our final turies. termining those issues that took the speech. Mr. Speaker, the article in its en- most political courage. (Mr. BARTON of Texas asked and tirety is as follows: Mr. Speaker, this pressure does not was given permission to revise and ex- belong among these internal rules RUNNING ROUGHSHOD OVER THE CONSTITUTION tend his remarks and to include extra- changes. It is constitutionally illegal, neous material.) Not content with his party’s 15-vote major- ity in the House of Representatives, Newt and it is fiscally irresponsible, and, if Mr. BARTON of Texas. Mr. Speaker, Gingrich wants to improve his odds by we are ever going to address a $4 tril- this country was founded on the prin- changing the rules of the game. lion debt, we have to make it within ciple of no taxation without represen- The Speaker-to-be intends to offer a bill the reach of this body and the Amer- tation. Today many Americans believe that would require a three-fifths majority in ican people to do so. that principle has been violated and the House to approve any bill increasing Mr. LEWIS of Georgia. Mr. Speaker, that their elected Representatives in taxes. for purposes of debate only, I yield 30 Washington have taxed them so that So much for the careful deliberations of seconds to the gentlewoman from they can spend money on the special the Constitution’s framers. They required a supermajority only for the most momentous Texas [Ms. JACKSON-LEE]. big-spending interests in Washington, decisions—approving treaties, impeaching (Ms. JACKSON-LEE asked and was DC. To correct this sad situation the presidents, and expelling members of Con- given permission to revise and extend new Republican majority has now in- gress, for example, Mr. Gingrich apparently her remarks.) troduced section 106 of the rule change January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 71 package. Section 106 would require a would have saved $666 billion in new 1980—Delaware requires 3/5 vote for tax in- three-fifths vote to increase income taxes. creases. taxes. It also contains an absolute pro- I submit for the RECORD the charts 1992—Okahoma requires 3/4 vote or major- hibition against retroactive tax in- and data to support this conclusion, ity of voters to increase state revenue. and I ask for a yes vote. Let us start 1992—Arizona requires 2/3 vote to increase creases. state revenues. The opponents of this provision have listening as much to the taxpayers of WHY TAX-LIMITATION AND A SUPER- MAJOR- been whining and wailing all evening America as we do to the special inter- ITY FOR TAX INCREASES? about the constitutionality of this pro- ests of America and pass this amend- Taxes are already too high, slowing eco- vision. The constitutional argument ment. nomic growth and robbing taxpayers. Spend- simply will not stand. In 1971, Mr. HISTORY OF TAX INCREASES—MAJOR TAX ing is also too high. Every federal program Speaker, in the Supreme Court case of INCREASES SINCE 1960 has waste and overspending. Since 1981: Making it politically difficult to raise Gordon versus Lance the Supreme taxes will deny free-spending legislators the Court blessed the constitutionality of 1 Bill passed with 60 percent supermajority in each House. 4 Bills passed without 60 per- ‘‘easy’’ approach to balancing budgets—rais- supermajority restraints on the tax cent supermajority in each House. ing taxes. and spending propensities of govern- Those 4 bills added $666 billion in taxes. The three-fifths supermajority require- ment. I might also point out that nu- Tax Rate Extension Act of 1960—No. ment will force Congress to look hard at merous States have a supermajority re- House 223–174, No, (56%). spending and will force tax-raisers to find 261 quirement for tax increases in their Senate 61–32, Yes, (66%). Members willing to raise taxes rather than State constitutions, including the Tax Rate Extension Act of 1961—Yes. cut spending. State of Arkansas, the home State of House 295–88, Yes, (77%). The SPEAKER pro tempore (Mr. Senate voice. KOLBE). All time for debate on section our President, which requires a three- House Voice. fourths vote. I might also point out 106 has expired. Tax Rate Extension Act of 1962—Yes. The question is on section 106 of the that we plan, on January 19, to intro- House Voice. duce a constitutional balanced-budget Senate voice. resolution. amendment that contains a 60 percent Tax Rate Extension Act of 1963—Yes. The question was taken; and the supermajority to increase taxes. House 283–91, Yes, (76%). Speaker pro tempore announced that The real question that we should be Senate voice. the ayes appeared to have it. asking this evening is whether Excise Tax Rate Extension Act of 1964— Mr. FOX. Mr. Speaker, on that I de- Yes. supermajority votes to raise income mand the yeas and nays. House voice. The yeas and nays were ordered. taxes really work. To answer that Senate voice. question let us look to the States that Interest Equalization Tax Act of 1964—Yes. The vote was taken by electronic de- require supermajorities for such tax in- House 238–142, Yes, (63%). vice, and there were—yeas 279, nays creases. An analysis of State spending Senate 45–28, No, (62%). 152, not voting 3, as follows: Interest Equalization Tax Extension Act of between 1980 and 1987 shows that in [Roll No 11] States with supermajority require- 1965—Yes. House 274–97, Yes, (74%). YEAS—279 ments for tax increases their tax bur- Senate voice. den has gone down an average of 2 per- Tax Adjustment Act of 1966—Yes. Allard Cox Green Andrews Cramer Greenwood cent while States that do not have a House 288–102, Yes, (74%). Archer Crane Gunderson supermajority tax rate requirement, Senate 72–5, Yes, (94%). Armey Crapo Gutknecht their tax burden has gone up an aver- Interest Equalization Tax Extension Act of Bachus Cremeans Hall (TX) age of 2 percent. That is a difference of 1967—Yes. Baker (CA) Cubin Hancock Baker (LA) Cunningham Hansen 4 percent. When we look at State House 224–83, Yes, (73%). Senate voice. Baldacci Danner Harman spending, in States with the Revenue and Expenditure Control Act of Ballenger Davis Hastert supermajority requirement State 1968—Yes. Barcia de la Garza Hastings (WA) Barr DeLay Hayes spending has gone up 2 percent, but in House 268–150, Yes, (64%). Barrett (NE) Deutsch Hayworth States that do not have the Senate 64–16, Yes, (80%). Bartlett Diaz-Balart Hefley supermajority requirement for income Crude Oil Windfall Profits Tax Act of Barton Dickey Hefner increases, their spending has increased 1980—Yes. Bass Dooley Heineman House 302–107, Yes, (74%). Bereuter Doolittle Herger 8.5 percent, or a net difference of 61⁄2 Senate 66–31, Yes, (68%). Bevill Dornan Hilleary percent. I say to my colleagues, ‘‘If you Tax Equity and Fiscal Responsibility Act Bilbray Doyle Hobson take these differentials and apply them Bilirakis Dreier Hoekstra of 1982—No: $214 billion. Bishop Duncan Hoke to the current Federal budget, you House 226–207, No, (52%). Bliley Dunn Holden would see that, if we had a Senate 52–47, No, (52%). Blute Edwards Horn supermajority requirement for an in- Omnibus Budget Reconciliation Act of Boehlert Ehlers Hostettler come tax increase in effect today, our 1987—No: $40 billion. Boehner Ehrlich Houghton Bonilla Emerson Hunter income taxes would be approximately House 237–181, No, (57%). Senate 61–28, Yes, (62%). Bono English Hutchinson $56 billion less, and our Federal spend- Omnibus Budget Reconciliation Act of Brewster Ensign Hyde ing would be approximately $105 billion Browder Everett Inglis 1989—Yes: $25 billion. Brown (OH) Ewing Istook less.’’ House 272–128, Yes, (68%). Brownback Fawell Johnson (CT) Put simply, supermajority require- Senate 87–7, Yes, (93%). Bryant (TN) Fields (TX) Johnson (SD) ments for income tax increases do Omnibus Budget Reconciliation Act of Bunn Flanagan Johnson, Sam work. 1990—No: $137 billion. Bunning Foley Jones Burr Forbes Kasich I have also asked my staff to go back House 228–200, No, (53%). Senate 54–45, No, (55%). Burton Ford Kelly and look at the major votes we have Omnibus Budget Reconciliation Act of Buyer Fowler Kim had in the last three decades on tax in- Callahan Fox King 1993—No: $275 billion. Calvert Franks (CT) Kingston creases in the House of Representa- House 218–216, No, (50.2%). Camp Franks (NJ) Klug tives. There were 16 such votes. Seven Senate 51–49, No, (51%). Canady Frelinghuysen Knollenberg of those were passed with a THE MOMENTUM FOR SUPERMAJORITY Castle Frisa Kolbe supermajority, seven were passed with REQUIREMENTS FOR TAX INCREASES Chabot Funderburk LaHood Chambliss Gallegly Lambert-Lincoln less than a supermajority, and two 9 states require supermajority votes for Chapman Ganske Largent were passed by voice vote. Interest- tax increases (Arizona, Arkansas, California, Chenoweth Gekas Latham ingly enough, since the advent of C– Delaware, Florida, Louisiana, Mississippi, Christensen Geren LaTourette Oklahoma, South Dakota). Chrysler Gilchrest Laughlin SPAN television coverage in the early Clinger Gillmor Lazio 1980’s, only one tax increase has passed 1971—Florida requires 3/5 vote to changes in corporate income tax. Coble Gilman Leach Coburn Goodlatte Lewis (CA) by more than the 60 percent 1978—California requires 2/3 vote for tax in- supermajority. Amazingly, if we had Collins (GA) Goodling Lewis (KY) creases. Combest Gordon Lightfoot had a three-fifths vote requirement for 1978—South Dakota 2/3 vote for increasing Condit Goss Linder a tax increase in effect in the 1980’s, we tax rate or base. Cooley Graham Lipinski H 72 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Livingston Pombo Smith (WA) So Section 106 of the resolution was ture absolutely essential to restoring LoBiondo Pomeroy Solomon Longley Porter Souder agreed to. public trust in an institution that has Lucas Portman Spence The result of the vote was announced come under I think consistent unfair Manzullo Pryce Stearns as above recorded. criticism over a long period of time. Martini Quillen Stockman A motion to reconsider was laid on Mascara Quinn Stump I am particularly concerned, though, McCollum Radanovich Talent the table. that as we manage these audits, and I McCrery Ramstad Tanner The SPEAKER pro tempore (Mr. might say that the language in the McDade Regula Tate GUNDERSON). Section 107 of the resolu- document we are dealing with tonight McHugh Richardson Tauzin tion is now debatable for 20 minutes. McInnis Riggs Taylor (MS) is rather imprecise, we have to ask our- McIntosh Roberts Taylor (NC) The gentleman from Kansas [Mr. selves the question about how we will McKeon Roemer Tejeda BROWNBACK] will be recognized for 10 function in this new Republican major- Metcalf Rogers Thomas minutes, and the gentleman from Cali- Meyers Rohrabacher Thornberry ity. fornia [Mr. FAZIO] will be recognized Mica Ros-Lehtinen Tiahrt For a number of years, Republicans Miller (FL) Rose Torkildsen for 10 minutes. Minge Roth Traficant The Chair recognizes the gentleman have been adamant about bringing Molinari Roukema Upton from Kansas [Mr. BROWNBACK]. about bipartisanship in the manner in Montgomery Royce Vucanovich which we run this institution. The Moorhead Salmon Waldholtz (Mr. BROWNBACK asked and was Morella Sanford Walker given permission to revise and extend rules package Republicans offered in Myers Saxton Walsh his remarks.) the last Congress called for a non- Myrick Scarborough Wamp partisan administration committee, Nethercutt Schaefer Ward Mr. BROWNBACK. Mr. Speaker, I Neumann Schiff Weldon (FL) yield myself such time as I may equally numbered with Members of Ney Seastrand Weldon (PA) consume. both parties, quite apart from what- Norwood Sensenbrenner Weller ever party was in the majority here. Nussle Shadegg White Mr. Speaker, as a new Member, I am Ortiz Shaw Whitfield amazed that the House of Representa- They even asked for that complete bi- Oxley Shays Wicker tives has been taking money from the partisanship with equal representation Packard Shuster Wilson taxpayers to run Congress without on the Legislative Branch Subcommit- Pallone Sisisky Wolf Parker Skeen Wyden keeping track of where that money tee of the Committee on Appropria- Pastor Skelton Young (AK) goes. A comprehensive audit of this in- tions. Paxon Smith (MI) Young (FL) stitution is long overdue. Peterson (MN) Smith (NJ) Zeliff We asked to have in place manage- Petri Smith (TX) Zimmer The days of treating the American ment of the House that was totally taxpayer’s money with an arrogant dis- NAYS—152 nonpartisan. Whether it was the Post regard for accountability must end Office, whether it was the Director of Abercrombie Gutierrez Obey now. Congress must understand that Ackerman Hall (OH) Olver Non-Legislative Services, the entire Baesler Hamilton Orton the money spent here is not ours—it is thrust in a bipartisan sense was to Barrett (WI) Hastings (FL) Owens the peoples money—and they are enti- bring about a change in the way we had Becerra Hilliard Payne (NJ) tled to know where every penny goes. functioned here, and Democrats and Beilenson Hinchey Payne (VA) Throughout my campaign, people Bentsen Hoyer Pelosi Republicans I think in mutual pride told me they are fed up with scandals Berman Jackson-Lee Peterson (FL) and satisfaction found a way to move Bonior Jacobs Pickett in Congress—the House bank scandal— Borski Jefferson Poshard the House Post Office scandal—the in that direction. Boucher Johnson, E. B. Rahall House restaurant. But what we have encountered re- Brown (CA) Johnston Rangel cently is a complete rejection of every- Brown (FL) Kanjorski Reed This reform, Mr. Speaker, instructs Bryant (TX) Kaptur Reynolds the House inspector general to use thing Republicans fought for to bring Cardin Kennedy (MA) Rivers independent auditing firms to conduct about change in the way this institu- Clay Kennedy (RI) Roybal-Allard tion functioned, and, that is, to select Clayton Kennelly Rush a full scale audit of all the House’s Clement Kildee Sabo functions. This reform will restore individuals based on their partisan Clyburn Kleczka Sanders openness and accountability to the way background to manage the institution Coleman Klink Sawyer only at the whim, the beck and call of Collins (IL) LaFalce Schroeder Congress does business. We must elimi- Collins (MI) Lantos Schumer nate any ‘‘waste, fraud, and abuse’’ one individual who has been elected Conyers Levin Scott from this body as is called for in the Speaker. Costello Lewis (GA) Serrano contract with America. My belief is when Republicans asked Coyne Lofgren Skaggs Deal Lowey Slaughter We want this audit to be as expansive that we have a two-thirds vote of the DeFazio Luther Spratt as possible—to account for every House to select a financial officer of DeLauro Maloney Stark asset—every dollar spent by this insti- this institution, they were going on Dellums Manton Stenholm Dicks Markey Stokes tution. record for something that had legs, Dingell Martinez Studds My new colleagues and I were sent to that would last through the years, that Dixon Matsui Stupak Congress to reform the way the Federal was a position that they took firmly Doggett McCarthy Thompson Government works. But to do this, we Durbin McDermott Thornton and hoped to have govern the institu- Engel McHale Thurman must first clean up the Congress. tion when and if they at some point in Eshoo McKinney Torres Mr. Speaker, this is an opportunity the future took control. I am dis- Evans McNulty Torricelli to help restore America’s faith and Farr Meehan Towns appointed to say the least that we Fattah Meek Tucker trust in Congress. I urge my colleagues focus now on audits and not on the Fazio Menendez Velazquez to join me in supporting this act of management of how those audits would Fields (LA) Mfume Vento genuine congressional reform. Filner Miller (CA) Visclosky be functioning, exactly who would Flake Mineta Volkmer b 2210 manage them, and whether or not they Foglietta Mink Waters would truly be done in the bipartisan Frank (MA) Moakley Watt (NC) Mr. Speaker, I reserve the balance of Frost Mollohan Waxman my time. spirit which was the hallmark of the Furse Moran Williams Mr. FAZIO of California. Mr. Speak- Republican arguments in recent years Gejdenson Murtha Wise on occasions such as this when they Gephardt Nadler Woolsey er, I yield myself such time as I may Gibbons Neal Wynn consume. brought their rules package to the Gonzalez Oberstar Mr. FAZIO. Mr. Speaker, I rise in floor. NOT VOTING—2 support of this proposal, and I do so not Mr. Speaker, I am not opposed to au- Bateman Yates because I feel there will be any great dits. What I am opposed to is partisan revelations that might satisfy those management of an institution that had b 2204 who would like to find problems here in come a long way into a different era, Mr. PASTOR changed his vote from the institution, but I think audits have one that was to be bipartisan in every ‘‘nay’’ to ‘‘yea.’’ been, should be, and will be in the fu- sense. I regret that reversion. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 73 Mr. Speaker, I reserve the balance of you have recommended to bipartisan leader- December 31, 1994. It would also include a de- my time. ship, in fact expediting the overall review of termination as to whether the internal con- Mr. BROWNBACK. Mr. Speaker, I House operations which you have already trol structure provides reasonable assurance yield 1 minute to the gentleman from presented. of achieving generally accepted control ob- Research has already been performed re- jectives and all applicable laws and regula- California [Mr. THOMAS]. garding the steps necessary to let a contract tions have been complied with fully. The fi- (Mr. THOMAS asked and was given for these audits, and a preliminary review of nancial statements would be prepared in ac- permission to revise and extend his re- the entities which we envision will be in- cordance with the American Institute of Cer- marks.) volved. The first task is an audit plan for tified Public Accountant’s ‘‘Generally Ac- Mr. THOMAS. Mr. Speaker, the gen- House entities, shortly followed, based on cepted Accounting Principles’’ and audited tleman from California deserves an an- agreement with the Senate, by audit plans in accordance with the General Accounting swer and he will get one. for joint Senate-House entities. We would be Office’s ‘‘Government Auditing Standards.’’ Under H. Res. 429 which was sup- glad to provide you with the background in- Furthermore, this effort would be in compli- ported bipartisanly, we created the formation we have collected; however, we ance with the applicable provisions of the offer this only as a suggestion to help speed Chief Financial Officers Act (P.L. 101–576), Oversight Subcommittee. We also cre- the process. No such comprehensive review ated an Inspector General. The very Government Performance and Results Act of House operations has been undertaken be- (P.L. 103–62) and Government Management first time the Oversight Subcommittee fore, and we recognize that the challenges in- Reform Act (P.L. 103–356). The OIG would re- had to support the new chief executive herent in completing such a review now are view all work performed by the independent officer, the Director of Non-Legislative enormous. accounting firm(s) to ensure the complete- and Financial Services, the Democrats We have confidence in your professional ness and quality of that work. refused. There was a 2–2 tie. It did not ability to carry out this task, and hope that With respect to operational areas, I have work. The Inspector General needed as- your office is willing to accept this respon- identified two primary areas needing re- sibility. Please contact Stacy Carlson, at the view—financial and HIS operations. The fi- sistance. The Democrats would not Committee on House Oversight (Committee provide him with any. The Democrats nancial operations include audits in the OIG on House Administration), if you need addi- audit plan designed to evaluate economy, ef- only allowed 3 total employees to the tional information. We look forward to your Inspector General. We are now honor- ficiency and effectiveness of program oper- response to this request. ations. These audits would address areas be- ing the Inspector General’s request of Sincerely, yond pure funds accountability, in an effort 18 employees to carry out the audits. JIM NUSSLE. to identify ways to eliminate waste, ineffi- BILL THOMAS. In a letter dated December 21, 1994, ciencies, fraud, abuse and mismanagement, the Office of Inspector General in re- and highlight areas for contracting out, OFFICE OF INSPECTOR GENERAL, sponding to a letter about going for- privatizing, streamlining, downsizing and U.S. HOUSE OF REPRESENTATIVES, elimination. Additional details concerning ward with these audits said this: Washington, DC, December 21, 1994. the financial operations audit plan are in- ‘‘Therefore, the Office of Inspector Hon. BILL THOMAS, cluded in Enclosure 1. The audit of HIS oper- General is very willing to accept this House of Representatives, ations would include reviews of the general responsibility (i.e. the audits) and will Washington, DC. controls (including management, data center perform the associated tasks in a to- DEAR CONGRESSMAN THOMAS: Thank you for your letter of December 12, 1994, cosigned operations and data center protection) and tally professional and nonpartisan system development, acquisition and modi- manner.’’ by Congressman Jim Nussle, requesting the Office of Inspector General (OIG) to assume fication controls (including user satisfac- What we are asking for, and getting, tion, system development life cycle and is professional management of the responsibility for managing the comprehen- sive audits of the Congress as discussed in project documentation), and confidentiality, House. What the American people are your letter. As suggested in the letter, Bob integrity and availability testing. The audit getting is transparency of that man- Frey, Deputy Inspector General, and I met program for performing this audit is in- agement. The old system would not with Stacy Carlson on December 16, 1994, to cluded as Enclosure 2. open up. The new system will. further discuss these audits. As a result, I As indicated in your letter, audit coverage Mr. Speaker, I include for the have a good idea as to what needs to be done of joint Senate-House entities will need to be identified at a later date. Once agreement is RECORD the following letters: to successfully accomplish these audits. reached with the Senate, I will develop a de- CONGRESS OF THE UNITED STATES, Therefore, the OIG is very willing to accept tailed proposal concerning audit coverage for HOUSE OF REPRESENTATIVES, this responsibility, and will perform the as- these entities and submit my audit proposal Washington, DC, December 12, 1994. sociated tasks in a totally professional and to you for your review. MR. JOHN LAINHART, nonpartisan manner. I will be contacting the Office of the Gen- INSPECTOR GENERAL, As indicated in your letter, these audits House of Representatives, can best be performed by contracting with eral Counsel later today to request a legal H2–485, an independent accounting firm or firms for opinion on the most expeditious method to Washington, DC. a series of audits that will result in a final contract for the independent accounting DEAR MR. LAINHART: Republicans have consolidated report of the financial and oper- firm(s), while assuring competitive bidding called for the selection of a major, independ- ational status of the Congress. In order to es- to the maximum extent practical. Once I get ent accounting firm to perform comprehen- tablish accountability at the beginning of this legal opinion, I will make a rec- sive audits of the Congress. We believe that the 104th Congress, and make recommenda- ommendation to you as to the best method such audits are need both to ensure full ac- tions for control and operational improve- for proceeding. In addition, as soon as I can countability to the U.S. taxpayer and to pro- ments for building a more efficient, cost-ef- estimate the contract costs, I will apprise vide the factual information necessary to fective administrative structure, I propose you of the funding requirements so that build an efficient, cost-effective administra- that the consolidated report address issues reprogramming can be expeditiously accom- tive structure. as of December 31, 1994. This audit effort plished. We envision a series of audits, to begin as would, as you indicated, complement the With respect to the issue of additional soon as possible, that will result in a final, OIG audit plan and greatly expedite the ini- staffing, I have included an organization consolidated picture of the financial and tial review of House operations, in a signifi- chart (Enclosure 3) which depicts our current operational status of the Congress. We are cant number of areas. Continuing OIG audit staffing (both Subcommittee on Administra- contacting you at this time to request that effort would, of course, still be required in tive Oversight, Committee on House Admin- your office assume this responsibility. The other areas beyond the scope of these audits istration approved permanent OIG staff and audits, and the process under which they are and in additional areas as the incoming General Accounting Office detailees), and conducted, must be free from interference House Officers make changes in their oper- proposed additional staffing needed to make and partisan influence. The office of the In- ations. the OIG fully functional, considering the ad- spector General was created in 1992 for the To establish accountability at the begin- ditional audit requirements to be assumed specific purpose of nonpartisan review and ning of the 104th Congress, the independent by the OIG in the 104th Congress. The total evaluation of House operations, and is the accounting firm(s) would be responsible for additional funding required for Fiscal Year logical office to carry out this charge. preparing audited financial statements re- 1995 is $494,000, consisting of $372,000 in per- By copy of this letter to Richard Gephardt, flecting the: (i) overall financial position, (ii) sonnel costs, and $122,000 in equipment, soft- we are asking for his full cooperation in as- results of operations, (iii) cash flows or ware, supplies and other similar costs. The sisting you in this task, which we expect will changes in financial position, and (iv) rec- justification for the additional staffing is include the need for additional staffing for onciliations to budget reports for all House also included as Enclosure 4. Since personnel your office and funding for the audit con- activities. This effort would include audits of hiring can take a considerable amount of tract. It is our intention that the com- House Information Systems (HIS) financial time and additional staff members are criti- prehensive audits conducted under this proc- activities, and all revolving funds, contin- cally needed to accomplish the tasks dis- ess will complement the audit plan which gent funds, commercial functions, etc., as of cussed above, I would hope that this issue H 74 CONGRESSIONAL RECORD — HOUSE January 4, 1995 can be addressed at the earliest pos- a House service, led to several criminal This is not the nonpartisan profes- sible time so that the appropriate staff- convictions. sional individual we are looking for. ing authorization and reprogramming b 2220 Mr. BROWNBACK. I would point out, can be expedited. Mr. Speaker, a bipartisan group ap- An identical letter has been sent to Con- My colleagues, we introduced a bill pointed the current Inspector General. gressman Nussle. If you should need addi- one year later in October 1992, House Mr. Speaker, I yield 1 minute to the tional information or want to discuss this Resolution 595, to require an independ- gentleman from California [Mr. DOO- matter further, please do not hesitate to call ent House audit. Today’s House action me on x61250. LITTLE]. is the culmination of that effort. (Mr. DOOLITTLE asked and was Sincerely, Results of these audits, which will be JOHN W. LAINHART IV, given permission to revise and extend performed by the Inspector General in Inspector General. his remarks.) consultation with the GAO and a major Mr. FAZIO of California. Mr. Speak- Mr. DOOLITTLE. Mr. Speaker, this independent accounting firm will be er, I yield 1 minute to the gentlewoman made public, and therefore the people comprehensive audit of House financial from Florida [Mrs. THURMAN]. will have more information than ever records and administrative operations Mrs. THURMAN. Mr. Speaker, I rise before regarding House operations past will prevent in the future the kinds of in support of this important change in and present, and that will go a long problems we have seen with the House House rules. Like many of my Demo- way toward restoring the integrity and restaurant, the House Post Office and cratic colleagues, I favor many of the credibility of this proud institution. the House bank and will identify reforms being instituted today. I urge approval of the rule. Let the whether and to what extent other As a freshman member in 1992, I was sunshine in and open the books of the House units have been in compliance honored to chair a task force on people’s House to scrutiny by the peo- with law and House rules and have op- changes in House rules. One of my top ple. erated effectively and efficiently. It priorities was to see that this institu- Mr. FAZIO of California. Mr. Speak- will provide necessary information to tion was held more accountable to the er, I yield 2 minutes to the gentleman the public to determine the manner in American people. I believe that the from Virginia [Mr. MORAN]. which taxpayer funds have been used proposed comprehensive audit of all Mr. MORAN. Mr. Speaker, I rise in and will ensure accountability in the our financial records and physical as- support of this proposal as well to con- administration of this House. sets is a big step in ensuring our ac- duct an audit of the financial and ad- countability to our constituents. This audit should examine, amongst ministrative operations of the House. This is an opportunity for improve- other things, monies in the contingent But it really does not go far enough. I ment—one every Member should wel- fund, monies expended by legislative suspect that the audit itself is likely to come who is actively seeking to use service organizations, House officers show that we have been conducting our taxpayer dollars more efficiently. accounts, committee accounts and the I know that a comprehensive audit, if business in a responsible, professional Architect of the Capitol. It should also properly executed, will be an important manner. One of the reasons that has look into allegations concerning ghost management tool here in this House. If been the case is that we have had pro- employees and official payrolls. This a truly independent firm performs the fessional, nonpartisan, individuals con- audit will set an important precedent audit, then we can take advantage of ducting these affairs, and we reached for openness and accountability and is new technologies and management that agreement in a nonpartisan way, a much desired reform. practices and identify the areas where as Members will recall. Mr. FAZIO of California. Mr. Speak- we must improve our efficiency, ac- But, we have two problems with this. er, I yield 2 minutes and 30 seconds to countability, and effectiveness. I am going to vote for it, as is the gen- the gentleman from Maryland [Mr. However, I have specific concerns tleman from California [Mr. FAZIO] and HOYER]. that are not addressed and that is that probably the other speakers, but the Mr. HOYER. Mr. Speaker, I thank the Speaker and the House Oversight two deficiencies are one because it is a the gentleman from California for Committee must carefully monitor the closed rule and we cannot insist that yielding me this time. money appropriated to the Inspector we continue to conduct the administra- Mr. Speaker, I rise in strong support tive and financial nonlegislative oper- General to conduct the audit and of H.R. 1. But again, I must reiterate ations of this House in a nonpartisan promptly implement the recommended my disappointment about the proce- professional manner which we could if changes so we can get the most for the dure we are using today. I am deeply we had an open rule, and secondly, the taxpayers’ money and provide the best disappointed that this bill is coming person who has been put in this posi- services for our constituencies. before the House under a closed rule. tion is not nonpartisan. Mr. BROWNBACK. Mr. Speaker, I Not very long ago, the new chairman of yield 11⁄2 minutes to the gentleman I will not repeat the arguments for why there ought to be an open rule be- the Rules Committee, my friend from from California [Mr. RIGGS]. New York said that when he admon- Mr. RIGGS. Mr. Speaker, I thank the cause my good friend, the gentleman ished members about the use of closed gentleman for yielding me the time. from New York [Mr. SOLOMON], knows rules, that our Republican friends were Mr. Speaker, Section 107 of the House them by heart. He is certainly the ‘‘not simply engaging is some proce- rules package directs the House Inspec- most persuasive, articulate proponent tor General to conduct a comprehen- of an open rule. But I guess where you dural or partisan tantrum. We are in- sive House audit. This will be both a fi- sit is where you stand now. stead’’ he said, ‘‘trying to warn against nancial and performance audit of all We are faced with a closed rule where what we perceive as the deliberate de- House services and operations. we cannot improve this amendment. I cline of democracy in this House.’’ Mr. Speaker, 39 months ago in Octo- do think we ought to raise that issue, (April, 2, 1993). It is somewhat shock- ber 1991, I stood on this very spot and though, because I am sure other Mem- ing, after all the speeches, that on the called for full disclosure of Members bers of the House have read the articles first day of the new Republican run with House bank overdrafts. A key to about the individual that has been ap- House we are proceeding under a closed restoring the credibility of Congress, I pointed to this position as I have. It rule. said then, was to hold ourselves ac- raises very serious concern. I do not However, it is important today that countable. And I and 6 of my col- know Mr. Faulkner. I do know he was we are moving forward on a bill, that leagues, the so-called Gang of 7, head of the Young Republicans, that he has been blocked for too long. The pressed for an open House. Our calls for has been investigated and interviewed House passed this bill, essentially, candor were met with intransigence, on any number of partisan political is- twice in the last Congress only to see but the outrage of the American people sues. At one point he was asked by in- our efforts thwarted by Republican led was overwhelming. We did learn the de- vestigators about leaking documents efforts in the Senate. The Democratic tails of the House bank overdrafts, and to the Reagan campaign and he said, and the Republican Members of the let me stress to my colleagues who are yes, we have been obtaining leaked ma- House want this bill and want it to listening now that that one specific terial from whistle blowers and passing move forward. On this point, there is limited GAO audit of a House function, them on. great bipartisan agreement. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 75

We have gone a long way toward California, FRANK RIGGS, back here Mr. BROWNBACK. Mr. Speaker, I making sure that the Congress lives after a 2-year absence because it was 4 yield 1 minute to the gentleman from under the same laws as any other years ago that FRANK and I and five Ohio [Mr. BOEHNER]. American. Most pieces of legislation other freshmen blew the whistle on the Mr. BOEHNER. Mr. Speaker, my col- we have passed apply to Congress. The House bank and then 3 years ago we leagues, on October 1, 1991, I stood here Americans With Disabilities Act which blew the whistle on the House post of- on this House floor and I said, ‘‘What I proudly cosponsored specifically ap- fice. The interesting thing, Mr. Speak- are we trying to hide from the Amer- plies to Congress as did the Civil er, is that after 4 years and 3 years re- ican people? What do we have to fear?’’ Rights Act, the Minimum Wage Act, spectively we still have not seen a Today we have a historic opportunity the Fair Labor Standards Act and the number of internal documents from ei- to vote to open up the books of the Family and Medical Leave Act. The ther of those investigations, taxpayer U.S. Congress in a very open and com- House has also had in place, since 1988, funded investigations of taxpayer oper- plete way. We know that sunshine is prohibitions against employment dis- ations. the best disinfectant, and never in the crimination. My colleague, the gentleman from history of this Congress have we ever H.R. 1 will ensure that all Members Maryland [Mr. HOYER], says this is all had an open and complete audit of the of the Congress—not just House Mem- behind us, but the honest answer is we books of this Congress for the Amer- bers—live under all of the laws we pass do not know if it is behind us because ican people to view. and do so permanently, not just as an for decades these books simply have internal House rule but as an ironclad not been audited, nor have we had the And echoing the comments of my col- law. access to those very documents. leagues who were involved with me, my I cannot tell you how many times I Former Congressman Dan Rosten- six other colleagues, I fully encourage have had businessmen and women com- kowski, now facing charges connected the Inspector General to not only do plain that Congress passes laws and to the stationery store, has an intrigu- the fiscal 1995 audit, but I would en- then simply exempts itself. They are ing defense. He says he was not the courage the Inspector General to look frustrated. They want us to share the only Congressman who misused the back, to look back several years at same challenges they have when they stationery store and bought chairs and some areas of the Congress that have try to start a business, or try to create champagne buckets and other things, been called into question, LSO’s the new jobs for their community. They all with public money and all personal House restaurant system, the Speak- need and deserve to know that we live gifts. And you know his defense team er’s contingent fund, the disposal of of- up to the same standards that we ex- might be right because we do not fice equipment that has raised every- pect from them, and afford our employ- know, but after this audit is done, we one’s eyebrows, but we never have seen ees the same protections that any will know, and when we know, you will the details. other American worker deserves. know too. I am pleased tonight to be here to Most of my constituents did not b 2230 support this very important part of our know that the Congressional Account- House rules. ability Act passed the House last year Mr. BROWNBACK. I yield 1 minute Mr. BROWNBACK. Mr. Speaker, I by a vote of 427 to 4. They did not know to the gentleman from North Carolina yield 45 seconds to the gentleman from [Mr. TAYLOR]. because the Senate failed to act to Michigan [Mr. CAMP]. make it law. In early September, I (Mr. TAYLOR of North Carolina (Mr. CAMP asked and was given per- asked and was given permission to re- wrote to urge the Senate committee on mission to revise and extend his re- vise and extend his remarks.) Government affairs to have the Senate marks.) Mr. TAYLOR of North Carolina. Mr. act promptly. I told them that the Con- Mr. CAMP. Mr. Speaker, I applaud gress could never engender trust Speaker, I am pleased to be here today—a new day in Congress—where the efforts offered today and believe among the American people until the this audit will go a long way to cut Congress lives by the same rules as the Members will finally open the doors of the House to greater public input and waste and save taxpayer money, rest of the Nation. When the Senate did streamline the process. But let us go a not act, we made congressional ac- disclosure. step further. Let us require the audit countability part of the House rules. The idea of the House audit was a to include unused office allowance But the American people deserve brainchild of the Gang of Seven. I am funds. something more than an internal delighted to join my fellow gang mem- I am concerned. We still do not know House rule—they deserve an ironclad bers here today and am pleased that law passed by and applying to both the leadership included our idea in the what exactly happens to that money. Houses of Congress. rules package. Many of us agree funds left over from I want to go home and tell those con- I am not even sure why we are debat- our office budgets should not be repro- stituents that we have answered their ing this issue. If a company the size of grammed, but instead returned to the plea. I want to tell them that we meet the House of Representatives did not Federal Treasury for deficit reduction. the same requirements that they do— report the activities of its officers and Let us use this opportunity to find the that we follow the same laws they fol- directors to its shareholders, it would means to that end. low from OSHA to fair labor standards. not survive—disclosure is a key compo- This audit will ensure that House op- I want to tell them that our employees nent to gaining the public trust essen- erations are efficient and effective, and have the same protections theirs do, tial for survival in a market economy. this investigation will ensure this from anti-age discrimination to family It is ridiculous not to support this audit is complete. and medical leave. Perhaps the shared proposal. The American people are the Mr. BROWNBACK. Mr. Speaker, I experience will help us write better, shareholders of our American Govern- yield such time as he may consume to more careful laws. Just as importantly, ment and deserve to know the activi- the gentleman from New Hampshire this is about common sense, trust and ties of their Representatives. [Mr. ZELIFF]. accountability. That is why we are all Members of the House have been em- (Mr. ZELIFF asked and was given here, late into the evening, finishing barrassed and distracted by scandals in permission to revise and extend his re- the work which began in the last Con- its bank, post office, and other depart- marks.) gress. I hope all my colleagues will join ments. An independent inspector gen- Mr. ZELIFF. Mr. Speaker, I rise in me in moving forward on H.R. 1. eral would conduct audits to expose support of this legislation. Mr. BROWNBACK. Mr. Speaker, I fraud, waste, and abuse. Mr. Speaker, I rise in strong support of sec- yield 1 minute to the gentleman from I wholeheartedly support a com- tion 107 of this rules package authorizing a Wisconsin [Mr. KLUG]. prehensive House audit and urge my comprehensive House audit of House financial Mr. KLUG. Mr. Speaker, let me tell colleagues to do likewise. It is a pro- records, physical assets, and facilities. you how fascinating it is for me to see posal that will ensure that the House All the rules changes we are considering you in your role tonight, and also see of Representatives remains The Peo- todayÐcutting committees and committee my good friend, the gentleman from ple’s House. staff, ending baseline budgeting, making the H 76 CONGRESSIONAL RECORD — HOUSE January 4, 1995 laws of the land apply to CongressÐare criti- (Mr. EHLERS asked and was given Evans Klug Poshard Everett Knollenberg Pryce cal. We are reforming this institution and re- permission to revise and extend his re- Ewing Kolbe Quillen storing the faith of the American people. marks.) Farr LaFalce Quinn However, while these reforms may grab the Mr. EHLERS. Mr. Speaker, I rise to Fawell LaHood Radanovich headlines, I believe the section authorizing an make two points. Fazio Lambert-Lincoln Rahall Fields (LA) Lantos Ramstad audit of House functions is perhaps the most First of all, a good reason for doing Fields (TX) Largent Rangel important reform of all. For the first time the the audit is that we do not know what Filner Latham Reed American people will have the opportunity to we will find. When we did this in Michi- Flake LaTourette Regula gan 2 years ago after a large number of Flanagan Laughlin Reynolds see how their tax dollars are being used and Foglietta Lazio Richardson often wasted on Congress itself. years of Democratic rule, we discov- Foley Leach Riggs I am a small businessman who knows that ered a major scandal in the House fis- Forbes Levin Rivers cal agency. As a result of that discov- Ford Lewis (CA) Roberts keeping track of where the money goes is the Fowler Lewis (GA) Roemer only sound way to run a business. Slush ery, we currently have three former Fox Lewis (KY) Rogers funds, sloppy management, or outright fraud staff members serving prison time, four Frank (MA) Lightfoot Rohrabacher Ros-Lehtinen will land you either in bankruptcy or jail. more on probation, three still in the Franks (CT) Linder courts. That is an example of the type Franks (NJ) Lipinski Rose As the owner of a small business I must Frelinghuysen Livingston Roth make sure that my financial statements and of thing you may find, and it is not a Frisa LoBiondo Roukema Roybal-Allard inventory are accurate and up-to-date. A bank result of the Members’ misbehavior but Frost Lofgren of staff misbehavior. Funderburk Longley Royce considering issuing me a loanÐor potential in- Rush My second point, all of the discussion Furse Lowey vestorsÐwould accept nothing less than a Gallegly Lucas Sabo has been about fiscal aspects, but the Salmon close examination of my balance sheet before Ganske Luther operational aspects of the audit are Gejdenson Maloney Sanders making any decisions. equally, if not more, important, in par- Gekas Manton Sanford Why, then, the House of Representatives Gephardt Manzullo Sawyer ticular the computer activities which I has escaped a similar analysis for its inves- Geren Markey Saxton hope to audit. Gibbons Martinez Scarborough torsÐthe American taxpayersÐis beyond me. Just a few weeks ago a Member came Gilchrest Martini Schaefer Schiff It is time for a change. to me that spent $22,000 for a file server Gillmor Mascara We should pass this section authorizing an Gilman Matsui Schroeder last year. It is now useless. Gonzalez McCarthy Schumer audit of House activities, and then the entire I urge that we go ahead with both the Goodlatte McCollum Scott rules package, to let the sun shine in. fiscal and operational audit and do it Goodling McCrery Seastrand Gordon McDade Sensenbrenner Mr. FAZIO of California. Mr. Speak- well. er, I yield myself the balance of my Goss McDermott Serrano The SPEAKER pro tempore (Mr. Graham McHale Shadegg time. GUNDERSON). All time has expired. Green McHugh Shaw Shays Mr. Speaker, I think we all under- The question is on section 107 of the Greenwood McInnis stand this provision in the rule this Gunderson McIntosh Shuster resolution. Gutierrez McKeon Sisisky evening was an opportunity for people The question was taken; and the Gutknecht McKinney Skaggs to rehash the problems that beset this Speaker pro tempore announced that Hall (OH) McNulty Skeen institution in the past that we are, Hall (TX) Meehan Skelton the ayes appeared to have it. Hamilton Meek Slaughter thank God, well under way to resolv- Mr. BROWNBACK. Mr. Speaker, on Hancock Menendez Smith (MI) ing. that I demand the yeas and nays. Hansen Metcalf Smith (NJ) Smith (TX) But what I think is not something The yeas and nays were ordered. Harman Meyers that was intended to be brought up to- Hastert Mfume Smith (WA) The vote was taken by electronic de- Hastings (FL) Mica Solomon night—but which is central to the vice, and there were—yeas 430, nays 1, Hastings (WA) Miller (CA) Souder whole question of the audit, which will not voting 2, as follows: Hayes Miller (FL) Spence be broadly supported on a bipartisan Hayworth Mineta Spratt [Roll No. 12] Hefley Minge Stark basis—is who will do the audit, how Hefner Mink Stearns YEAS—430 will it be administered? Heineman Moakley Stenholm Now, the real issue here is who ap- Abercrombie Browder Cox Herger Molinari Stockman Ackerman Brown (CA) Coyne Hilleary Mollohan Stokes points the administrative authorities Allard Brown (OH) Cramer Hilliard Montgomery Studds in this institution. There has been a Andrews Brownback Crane Hinchey Moorhead Stump change. When Republicans were in the Archer Bryant (TN) Crapo Hobson Moran Stupak minority, they wanted bipartisanship. Armey Bryant (TX) Cremeans Hoekstra Morella Talent Bachus Bunn Cubin Hoke Murtha Tanner They wanted equal access. They want- Baesler Bunning Cunningham Holden Myers Tate ed professionalism. They wanted no Baker (CA) Burr Danner Horn Myrick Tauzin taint of partisan activity. Baker (LA) Burton Davis Hostettler Nadler Taylor (MS) Baldacci Buyer de la Garza Houghton Neal Taylor (NC) But now the worm has turned. Now Ballenger Callahan Deal Hoyer Nethercutt Tejeda the Republicans find themselves in the Barcia Calvert DeFazio Hunter Neumann Thomas majority. Barr Camp DeLauro Hutchinson Ney Thompson Barrett (NE) Canady DeLay Hyde Norwood Thornberry What they have done is they have re- Barrett (WI) Cardin Dellums Inglis Nussle Thornton versed the field. They have now called Bartlett Castle Deutsch Istook Oberstar Thurman for a different structure, one that Barton Chabot Diaz-Balart Jackson-Lee Obey Tiahrt places in the hands of an administrator Bass Chambliss Dickey Jacobs Olver Torkildsen Bateman Chapman Dicks Jefferson Ortiz Torres appointed by the Speaker the author- Becerra Chenoweth Dingell Johnson (CT) Orton Torricelli ity to manage this institution in a way Beilenson Christensen Dixon Johnson (SD) Owens Towns that could become as partisan as we Bentsen Chrysler Doggett Johnson, E. B. Oxley Traficant Bereuter Clay Dooley Johnson, Sam Packard Tucker can imagine. Berman Clayton Doolittle Johnston Pallone Upton I think that is tragic. I think that is Bevill Clement Dornan Jones Parker Velazquez wrong. And I support the audit, but I Bilbray Clinger Doyle Kanjorski Pastor Vento Bilirakis Clyburn Dreier Kaptur Paxon Visclosky am very concerned about the way it Bishop Coble Duncan Kasich Payne (NJ) Volkmer will be managed by a partisan leader. Bliley Coburn Dunn Kelly Payne (VA) Vucanovich Mr. BROWNBACK. Mr. Speaker, I Blute Coleman Durbin Kennedy (MA) Pelosi Waldholtz would remind the speaker from the Boehlert Collins (GA) Edwards Kennedy (RI) Peterson (FL) Walker Boehner Collins (IL) Ehlers Kennelly Peterson (MN) Walsh other side that he had 40 years to ask Bonilla Collins (MI) Ehrlich Kildee Petri Wamp for this audit and did not do it. Bonior Combest Emerson Kim Pickett Ward Mr. Speaker, I yield the remainder of Bono Condit Engel King Pombo Waters Borski Conyers English Kingston Pomeroy Watt (NC) my time to the gentleman from Michi- Boucher Cooley Ensign Kleczka Porter Waxman gan [Mr. EHLERS]. Brewster Costello Eshoo Klink Portman Weldon (FL) January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 77 Weldon (PA) Wilson Young (AK) act responsibly. As you know, we have tually identical to the bill that passed Weller Wise Young (FL) White Wolf Zeliff pledged to the American people to last year. One major exception, the ban Whitfield Woolsey Zimmer change the way we do business in this on frequent flier miles has been ripped Wicker Wyden House.’’ out of this bill. Why has it been ripped Williams Wynn The Republican freshman Members out? It has been ripped out because the NAYS—1 have demanded change from this lead- laws that have been passed that we Fattah ership, and we have demanded that a want to have applied here don’t affect NOT VOTING—2 vote occur today on congressional ac- you as individuals. They affect the U.S. countability. We feel this legislation is Brown (FL) Yates Government, because that is where the vitally important and should be passed liability is. But the frequent flier pro- b 2251 today in order to reestablish this as hibition strikes right at the people in So section 107 of the resolution was the people’s House. We must now take this room. The people in this room agreed to. the initiative and pass this important should not use frequent flier miles for The result of the vote was announced measure. personal use. It is hypocrisy of the as above recorded. Mr. Speaker, I reserve the balance of highest order that is not being dealt A motion to reconsider was laid on my time. with this bill when it was dealt with in the table. Mrs. KENNELLY. Mr. Speaker, I the bill we passed last fall. There is The SPEAKER (Mr. TORKILDSEN). yield myself such time as I may only one explanation, and that is Section 108 is now debatable for 20 min- consume. greed. The Members who want to use utes. Mr. Speaker, as has been said so frequent flier miles for personal use are The gentleman from Minnesota [Mr. often today, this is truly a historical ripping off the taxpayers of this coun- GUTKNECHT] will be recognized for 10 day. We are witnessing something on try, and it is wrong and it should be the floor today that we may never have minutes, and the gentlewoman from stopped today. observed before. For the first time the Connecticut [Mrs. KENNELLY] will be So if you believe in bipartisanship, people on the other side are in charge, recognized for 10 minutes. vote this rule down and let us do this and we are seeing two completely The Chair recognizes the gentleman right. closed rules, but probably for the first from Minnesota [Mr. GUTKNECHT]. Mr. GUTKNECHT. Mr. Speaker, I time every they have proposed a closed Mr. GUTKNECHT. Mr. Speaker, I yield 1 minute to the gentleman from rule within a bill brought up under a yield myself such time as I may the land of Lincoln, the gentleman consume. closed rule. from Illinois [Mr. WELLER]. Mr. Speaker, I reserve the balance of (Mr. GUTKNECHT asked and was (Mr. WELLER asked and was given my time. given permission to revise and extend permission to revise and extend his re- his remarks. b 2300 marks.) Mr. GUTKNECHT. Mr. Speaker, my Mr. WELLER. Mr. Speaker, I rise grandma used to say that it is wrong to Mr. GUTKNECHT. Mr. Speaker, I today in support of the rule for the teach our kids to do as I say and not as yield 1 minute to the gentleman from Congressional Accountability Act. For I do. As parents of three teenagers, my West Palm Beach, FL [Mr. FOLEY]. years, Members of Congress have ex- wife and I believe that we need to set a (Mr. FOLEY asked and was given per- good example for our children. It is my mission to revise and extend his re- empted themselves above many of the fervent belief that this philosophy marks.) laws that we impose on the private sec- should apply to the U.S. Congress as Mr. FOLEY. Mr. Speaker, I rise in tor. It is time we held ourselves ac- well. Unfortunately, Mr. Speaker, in support of the rule for accountability, countable to the same standards that recent years the actions of our Govern- the Congressional Accountability Act, we expect of our constituents. ment have been, in essence, to do as I to bring Congress in compliance with The House passed this bill last Au- say and not as I do. the ten laws such as fair labor, civil gust by a vote of 427 to 4. At that time, On behalf of the freshmen who prom- rights, Americans with Disabilities Act the provisions of this bill were delib- ised their constituents consideration and others. erated to the fullest extent possible. on the first day, Mr. Speaker, I would As a freshman Member of the Con- The rule today allows the House to ex- like to thank the leadership for this gress, I was appalled to find out that pedite the process to bring Congress in opportunity. The failure of the pre- this body had exempted itself from the line with the laws of the land under vious Congress to pass the legislation very laws that they had passed on which every American citizen must is unfortunate. We have, in effect, been small business and the consumers of live. When this measure is adopted, saying to the American people, ‘‘You America. When I toured the offices of Congress will be subject to the Family must comply with the rules and regula- Congress in the Cannon and Longworth and Medical Leave Act, the Americans tions we pass, but we don’t.’’ Buildings, I found exits blocked, boxes With Disabilities Act, the Fair Labor Mr. Speaker, the Congressional Ac- packed. Staff members could not have Standards Act, and the Civil Rights countability Act will put an end to this exited in a fire. As a restaurateur, if Act of 1964 will apply to Congress. hypocrisy and put our House in order. that happened in my business, I would We are here to make positive changes Today the new Congress is telling the not only have been fined, but I would in the way Congress operates. Congress American people that we have heard have been closed down that very day has delayed far too long on this initia- their demand for change and that on for failure to observe common safety tive requiring us to live by the same the first day we meant what we said in practices in my business. I think this rules as everyone else. Congressional that we will begin to play by the same Congress can make a statement to Accountability is a step in the right di- rules as those who we were elected to America tonight, and to every small rection, and it is time to bring it to a serve. business, that we understand the bur- vote. I understand that some Members are dens we have placed on them, and that Mrs. KENNELLY. Mr. Speaker, I opposed to the closed rule, but the bot- we are willing to accept those very bur- yield 2 minutes to the gentleman from tom line is that H.R. 1 is virtually dens on ourself. That is the least we Massachusetts [Mr. FRANK]. identical to a bill, H.R. 4822, which can do. The Congressional Accountabil- Mr. FRANK of Massachusetts. Mr. passed this House on August 10, 1994, on ity Act should and must pass. Speaker, there has been a great deal of a 427 to 4 vote. That bill has been thor- Mrs. KENNELLY. Mr. Speaker, I discussion of history tonight, so let us oughly debated in committee. sub- yield 1 minute to the gentleman from quote Karl Marx. ‘‘History repeats it- committee and here on the House Wisconsin [Mr. BARRETT]. self; the first time in history and the Floor. To my 13 new Democratic fresh- Mr. BARRETT of Wisconsin. Mr. second time as farce.’’ Farce is what we man colleagues I say, ‘‘I apologize to Speaker, this is a good bill. I am proud are getting tonight. It is from the 18th you for denying you the opportunity to be a cosponsor. It should pass. This Brumaire of Louis Napoleon. for review of this legislation in com- is a bad rule and it should be voted This is almost exactly what the mittee, but the time has come now to down. As was indicated, this bill is vir- House did before, but there are some H 78 CONGRESSIONAL RECORD — HOUSE January 4, 1995 differences. When the Democratic ma- Mr. SALMON. Nice try. But I would by golly, it’s good enough to apply to jority brought this bill to the floor last like to say this: One thing I have Congress. And if any law isn’t good time, it allowed in the rule 14 amend- learned over my political career is that enough to apply to Congress, then cer- ments, 8 of which could be designated I know I am an incredibly average per- tainly it’s not good enough to apply to by Republicans. son, and the incredibly average person everyone else. You are bringing up a closed rule on that I talk to out there cannot under- When Congress has to live by the a substantive bill for no good reason. stand why we cannot move this to a laws it passes, then Congress will take You are going to debate it after mid- vote and why we cannot move it quick- care to pass better laws. I urge support night. You told us you would be family ly. for the rule. friendly. You forgot to tell us it would I think some good points have been be the Addams Family that would be made, and we will get an opportunity I b 2310 friendly, because we will be doing it at believe to visit some of these issues Mrs. KENNELLY. Mr. Speaker, I 3 o’clock in the morning. Why do some- later. But I do not want to wait. I want yield such time as he may consume to thing perfectly sensible, but block a to move, and I want to vote now. Let the gentleman from California [Mr. us vote this through. Let us make Con- chance to vote on frequent fliers, do it BEILENSON]. at 3 o’clock in the morning, don’t allow gress live under the very same laws as (Mr. BEILENSON asked and was amendments? any other American. It is the right given permission to revise and extend Let me tell you from experience. thing. his remarks.) Mrs. KENNELLY. Mr. Speaker, I When you are in the majority, some- Mr. BEILENSON. Mr. Speaker, I rise to ex- yield 1 minute to the gentlewoman times inevitably you got to defend press my grave reservations about the rule from Michigan [Ms. RIVERS]. some dumb things. But in 1 day you proposed for consideration of H.R. 1. (Ms. RIVERS asked and was given have been dumber than we were in 2 Although I strongly support the Congres- permission to revise and extend her re- years. What are you doing it for? Why sional Accountability Act, and although I be- marks.) not wait until tomorrow. You said we lieve it was wise of the new leadership to Ms. RIVERS. Mr. Speaker, I am a could wait. bring up substantially the same bill that was freshman who like many of you ran on Do you want to hide the debate on the issue of reform. I campaigned for, overwhelmingly approved by the House of frequent fliers? I do not know why the supported, and have voted for many of Representatives last August, I strongly dis- new Speaker is so attached to the fre- the things we have dealt with today. approve of the manner in which the majority quent flier rule. But why not talk So great was the call for reform in our has proposed considering this legislation. about it tomorrow? Why now allow freshman class and across this country I understand the desire of the new Repub- some amendments? that I really expected to come into a lican leadership to bring the Congressional Ac- History? We made this history last House today that would be liberated by countability Act to the floor today, to fulfill the year. We made history once. You can- the free flow of ideas. promise made in the ``Contract With America.'' not make history twice, unless you It has been just the opposite. On our But voting on a major piece of legislation on flunked it the first time, and the way very first day, the most symbolic day, the very day it is introduced, without having an you guys are handling this, I think I have come into a House were 100 per- opportunity to amend it is simply the wrong some of you must have, because you do cent of our rules are closed, where we way to legislateÐand Members on the other not understand what is going on. will not have the opportunity to ad- side of the aisle know that. We are in favor of this. Most of us vance our ideas and see them win or In fact, our Republican colleagues have worked hard for it. We passed it last lose in the court of public opinion. chastised Democratic members, more times year. It was bipartisan. Why are you That is not allowed in the new Con- than we would like to remember, for speeding rushing this through on a totally gress. bills to the floor before there had been ade- closed rule? There is no opportunity for amend- quate opportunity to review them, and for not Comparison: We had eight amend- ments, no opportunity for fine tuning, allowing amendments to be offered to them. ments in order from Republicans. We and no opportunity to divide the ques- ``Gag rule'' was the term our Republican had the frequent flier thing in here. We tion in a way that will allow us to rep- friends used to describe rules like the one be- let it be debated during the day. You resent our constituencies within many- fore us now. are rushing it through, because the Re- itemed bills. To those of us who had to bear the brunt of publicans promised it would be done on This is not the new way, the good the Republicans' criticism of such rules, it the first day? It will be after midnight. way. This is what you all campaigned seems utterly outrageousÐand rather ironicÐ Now you are even fooling with the against. And I think we should learn that in this new era which has been heralded clock. Be sensible. Do not get carried from JERRY SOLOMON who said the peo- by promises of openness and fairness in the away. Do it tomorrow, and do not ex- ple are sick and tired of political legislative process, the very first piece of legis- empt yourself from the most important gamesmanship. They want back their lation brought to floor will be considered in this law of all, common sense. House, they want it open and demo- manner. This rule makes us question whether Mr. GUTKNECHT. Mr. Speaker, I cratic. I think so. criticism of closed rules issued by the majority yield 1 minute to the gentleman from Mr. GUTKNECHT. Mr. Speaker, I party during the last Congress was based on Mesa, AZ [Mr. SALMON]. yield 1 minute to the gentleman from true belief in opening up the amending proc- (Mr. SALMON asked and was given Cincinnati, OH, [Mr. CHABOT]. ess, or whether it was simply a means of gen- permission to revise and extend his re- (Mr. CHABOT asked and was given erating public anger toward Democrats. marks.) permission to revise and extend his re- In fact, this procedure is worse than any- Mr. SALMON. Mr. Speaker, this has marks.) thing I can recall under Democratic control of been an awesome day for me. I was able Mr. CHABOT. Mr. Speaker, our Na- the House. In the 18 years I have served in to sit here on the floor of this very hal- tion was founded on the principle that the House, I cannot remember a time when a lowed place with my four children, and no person is above the law. It is more bill advanced by the Democratic leadership I can’t tell you the experience this has than shameful—it is worse than out- was handled in so rushed and closed a man- been for me, to be able to sit among rageous—that Congress routinely has ner as this one. Under this rule, this bill is to some of the most intelligent minds of exempted itself from the laws that oth- be considered on the very day it is introduced; our country, and to be able to have just ers must obey. From the labor laws en- there will have been no hearings or markup of heard the very eloquent speech of Mr. acted in 1938, to the Civil Rights Act of this legislationÐin fact, not even any informal FRANK. I am impressed. You are even 1964, to OSHA—Congress has said: review by the committees of jurisdiction; there better in person than you are on C– ‘‘These laws apply to others, but not to will have been no review by the Rules Com- SPAN. us. Not to us.’’ mittee for the purpose of granting a rule; and, Mr. FRANK of Massachusetts. If the At long last, these exemptions are of course, there will be no opportunity to gentleman will yield, it will be better going to stop. Finally, we’re going to amend the billÐother than through a motion to tomorrow afternoon if you get a little recognize that if a law is good enough recommitÐand no time to plan amendments sleep. to apply to the American people, then even if there were such an opportunity. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 79 For those of us who were part of the 103d However, sadly, the Republicans de- gentleman from New York [Mr. SOLO- Congress, the fact that this legislation is being railed it in the Senate, so I do not want MON] and his party thought we should considered in this way is less deplorable than anybody out there thinking that we have given them last year. it would otherwise be because the bill is sub- Democrats in the House opposed this. Mr. Speaker, it strikes me as a bit stantially the same as last Congress' H.R. We proposed it, and it passed the House ironic that notwithstanding the rhet- 4822. H.R. 4822 was a well-constructed, well- last year. I strongly supported this oric, we are here with what last year thought-out bill in large part because, unlike measure last year and I will support it my Republican friends would have H.R. 1, it was developed through the regular again this year. called the gag rule. We were accused of legislative process. H.R. 4822 was considered Let me add that I am delighted that having gag rules if they were by the committees of jurisdiction, as well as the Republicans seem to be on board preprinted in the RECORD, or moving a the Rules Committee for purposes of granting this time. Better late than never. How- comma. a rule; there was sufficient time between the ever, Mr. Speaker, I must rise in oppo- This is a blatant closed rule, and as I day the bill was introduced and the day it was sition to the rule we are operating say, they were talking about openness sent to the floor for Members to familiarize under. This is a closed rule, plain and and allowing full debate. Maybe tomor- simple. themselves with it; and most of the amend- row or the next day may show some- ments Members wanted to offer to it were al- My left ear has gone deaf from all the thing else, but today, Mr. Speaker, I do lowed to be offered. In other words, we had catcalls and the charges of gag rule not see any openness coming from the ample opportunity to know what we would be from the minority in the last couple of other side. voting on and to help shape and improve the years, but now they come to the floor bill. and put two closed rules together, so I Mr. GUTKNECHT. Mr. Speaker, I But the 86 Members who are new to the am really disappointed in the actions yield 1 minute to the gentleman from 104th Congress will not have that opportunity. of the minority today. Over the years, Munci, IN [Mr. MCINTOSH]. Their right to review and amend this legislation the cries from the Republicans, maybe (Mr. MCINTOSH asked and was given is being abrogated for the sale of political ex- Mr. Solomon learned something from permission to revise and extend his re- pediency. It is unfairÐand wrongÐto ask me or maybe I learned something from marks.) them to vote on a very important piece of leg- him. Mr. MCINTOSH. Mr. Speaker, on be- islation without giving them any chance to re- Mr. SOLOMON. Mr. Speaker, If the half of the voters of Muncie, Anderson, view the bill, let alone help shape it. gentleman would yield, believe me, I Richmond, and all of the Second Dis- Mr. Speaker, I hope that it is only because learned a lot from you, JOE. trict I rise in support of both the rule of the political imperative dictated by the Mr. MOAKLEY. OK, but I could spend and the Congressional Accountability ``Contract With America'' that we are proceed- all week reciting quotations from Act. Mr. Speaker, the time is now to ing in this manner on a major piece of legisla- Members on the Republican side call- make Congress accountable for the tion. And I hope that we will have the assur- ing restrictive rules of any kind uncon- laws it imposes on the American peo- ance of the new leadership that the procedure stitutional, undemocratic, unfair. Yet, ple. being used to consider H.R. 1 is an aberra- the first day of the session, on the very For too long, Congress has told the tion, and not a signal of how legislation will be first item on our legislative agenda, American People: ‘‘Do as I say, not as handled during this Congress. what do we get? A closed rule within a I do.’’ Congress is currently exempt Mrs. KENNELLY. Mr. Speaker, for closed rule. I am very, very dis- from laws such as the Civil Rights Act, purposes of debate only, I yield one- appointed in the party who is crying the Fair Labor Standards Act and half minute to the gentleman from for open rules and free debates, to come OSHA. For example: House Annex I— Montana [Mr. WILLIAMS] forward today with this rule. the O’Neill Building, could not legally Mr. WILLIAMS. Mr. Speaker, I think I know some of my Republican col- be occupied by any private enterprise. the gentlewoman from Connecticut. leagues will argue that we do not need It would be shut down. Only Congress, Perhaps an uninterested observer lis- an open rule on this particular measure with its exemption from many work- tening to the debate today, Mr. Speak- because the House passed the same leg- place safety regulations, can reside er, might be uninformed enough to islation in the last session, under there. Mr. Speaker, the time is now to have found a little hypocrisy on both Democratic leadership, let me add. Yet end this double standard. sides, and maybe listening to the de- I cannot recall a single occasion on The Congressional Accountability bate on this issue, an uninformed ob- which my Republican colleagues sup- server might not understand that as ported a closed restricted rule on any Act will cause Congress to make better stronger reform bill than the piece now previously-passed piece of legislation. laws. Bad laws will surely be changed being offered came before this body Let me add that when the Demo- as Congress feels their weight. And written by Democrats just a few cratic leadership brought the Congres- good laws protecting safety and civil months ago, and was eventually sional Accountability Act to the floor rights will benefit congressional em- blocked by Republicans. I would not last year, we made 14 amendments in ployees. say that the action today is hypo- order. The scream was ‘‘It is a gag rule, James Madison wrote: ‘‘This Con- critical, but an uninformed observer it is a closed rule.’’ Here today we stitution places elected officials under might. come and we cannot put one amend- the law, thereby avoiding tyranny.’’ Mr. GUTKNECHT. Mr. Speaker, may ment in order; they come with seven Mr. Speaker, the Congress has not I inquire as to how much time is left on amendments into the bill. Evidently lived under all of the laws of the land both sides? there has been an awakening of the for too long. The SPEAKER pro tempore (Mr. Committee on Rules, or there has been The time is now to end the tyranny TORKILDSEN). The gentleman from Min- a change in the heart of my good and make those laws apply to Con- nesota [Mr. GUTKNECHT] has 31⁄2 min- friend, the gentleman from New York gress. utes remaining, and the gentlewoman [Mr. SOLOMON]. Mrs. KENNELLY. Mr. Speaker, I from Connecticut [Mrs. KENNELLY] has However, I recall during debate last yield myself such time as I may 5 minutes remaining. year my good friend and the new chair- consume. Mr. GUTKNECHT. Mr. Speaker, I re- man, the gentleman from New York I would like to close by saying I do serve the balance of my time. [Mr. SOLOMON] arguing for more open not support this closed rule. It blocks Mrs. KENNELLY. Mr. Speaker, I rules on a previously passed bill due to any effort to have an honest, open de- yield 4 minutes to the gentleman from the fact that there were so many new bate about real reform. Massachusetts [Mr. MOAKLEY]. freshmen that had not read the bill and Mr. Speaker, I yield back the balance Mr. MOAKLEY. Mr. Speaker, this it was not fair. Evidently he has had of my time. section is a rule providing for consider- some second thoughts. He thought they Mr. GUTKNECHT. Mr. Speaker, we ation of the Congressional Account- should be able to have greater say in have 21⁄2 minutes remaining, do we not? ability Act. This is the exact same bill the process. I can point to some fresh- The SPEAKER pro tempore. Prior to that we Democrats passed in the House men this year, Mr. Speaker, who yielding further time, the gentleman last year. should be given the courtesy that the does have 21⁄2 minutes. H 80 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. GUTKNECHT. Mr. Speaker, I congressional employees who are not directly Greenwood Longley Salmon yield 1 minute of our time to the gen- Gunderson Lucas Sanford involved in the legislative process, such as Gutknecht Manzullo Saxton tleman from Westbury, NY [Mr. FRISA]. janitorial and groundskeeping staff. Even if Hall (TX) Martini Scarborough Mr. FRISA. Mr. Speaker, for 40 years such an amendment were not adopted, I be- Hamilton McCollum Schaefer this Congress has been in an ivory lieve the debate would have been beneficial to Hancock McCrery Schiff Hansen McDade Seastrand tower, out of touch with reality, and both the Members and the public. I am dis- Harman McHugh Sensenbrenner out of touch with the American people. appointed that the Republican leadership has Hastert McInnis Shadegg That is why the Congress thought it instead seen fit to gag the people's represent- Hastings (WA) McIntosh Shaw knew better, could pass its burdensome Hayworth McKeon Shays atives. When the Republican leadership de- Hefley Metcalf Shuster laws, rules and regulations for every- nies Members the right to fully participate in Heineman Meyers Sisisky one else but for itself. That is going to the legislative process on a noncontroversial Herger Mica Skeen change, Mr. Speaker. issue like this, one cannot help but doubt their Hilleary Miller (FL) Skelton Mr. Speaker, in November the Amer- Hobson Molinari Smith (MI) promises that future bills will be considered in Hoekstra Montgomery Smith (NJ) ican people knocked an elitist Congress an open and amendable manner. Hoke Moorhead Smith (TX) off its pedestal. Tonight the majority Finally, I would like to point out to my col- Horn Morella Smith (WA) will plant its feet firmly on the ground, Hostettler Myers Solomon leagues the relationship between this act and Houghton Myrick Souder and we stand proudly accountable to the so-called unfunded mandates bill. Today, Hunter Nethercutt Spence the American people for the laws that we are voting to apply our labor laws to the Hutchinson Neumann Stearns we will pass, because they should apply U.S. Congress. Shortly, we will vote on legis- Hyde Ney Stockman to us as well. Inglis Norwood Stump lation modifying Congress' power to enact Istook Nussle Talent I would urge support for this meas- laws that affect State and local governments. Johnson (CT) Oxley Tanner ure. That bill, at present, contains no exemption for Johnson, Sam Packard Tate Mr. GUTKNECHT. Mr. Speaker, I the application of our labor laws to State and Jones Parker Taylor (MS) yield myself the remainder of my time. Kasich Paxon Taylor (NC) local governments. I hope that the principle Kelly Peterson (MN) Thomas Mr. Speaker, when Vaclav Havel that we are voting for todayÐthat congres- Kim Petri Thornberry came and spoke to the American peo- sional employees should be protected by your King Pickett Tiahrt ple, he quoted Thomas Jefferson when Kingston Pombo Torkildsen labor lawsÐwill apply equally next week when Klug Porter Torricelli he said that ‘‘Words are plentiful, but considering whether State and local govern- Knollenberg Portman Upton deeds are precious.’’ The American peo- ment employees shall receive equal protection Kolbe Pryce Waldholtz ple want action, not protracted debate. LaHood Quillen Walker under our labor laws. Lambert-Lincoln Quinn Walsh b 2320 Mr. GUTKNECHT. Mr. Speaker, I Largent Radanovich Wamp yield back the balance of my time. Latham Ramstad Weldon (FL) Mr. Speaker, we must seize this his- The SPEAKER pro tempore (Mr. LaTourette Regula Weldon (PA) toric day. Let us not let the American Laughlin Riggs Weller TORKILDSEN). The question is on Sec- people down. The U.S. Congress must Lazio Roberts White tion 108 of the resolution. Whitfield comply with the laws of the land. I Leach Rogers The question was taken; and the Lewis (CA) Rohrabacher Wicker strongly encourage my fellow col- Speaker pro tempore announced that Lewis (KY) Ros-Lehtinen Wolf leagues to vote ‘‘yes’’ on the rule and Lightfoot Rose Young (AK) the ayes appeared to have it. ‘‘yes’’ on H.R. 1. Linder Roth Young (FL) Mrs. KENNELLY. Mr. Speaker, I ob- Livingston Roukema Zeliff Mr. CLAY. Mr. Speaker, I rise to express my ject to the vote on the ground that a LoBiondo Royce Zimmer disappointment that the Republican majority quorum is not present and make the NAYS—178 has not seen fit to allow amendments to the point of order that a quorum is not Congressional Accountability Act. Let me say Abercrombie Farr Luther present. Ackerman Fattah Maloney at the outset that I support the intent of the The SPEAKER pro tempore. Evi- Congressional Accountability Act. I have Andrews Fazio Manton dently a quorum is not present. Baldacci Filner Martinez fought for the rights of American workers The Sergeant at Arms will notify ab- Barcia Flake Mascara Barrett (WI) Foglietta Matsui throughout my political career. I strongly be- sent Members. lieve that all employees, private and public, in- Becerra Frank (MA) McCarthy The vote was taken by electronic de- Beilenson Frost McDermott cluding Federal, State, and local and congres- vice, and there were—yeas 249, nays Bentsen Furse McHale sional employees, should be afforded the pro- 178, not voting 7, as follows: Berman Gejdenson McKinney tection of our labor laws. I believe that the Bonior Gephardt McNulty [Roll No 13] Borski Geren Meehan Congressional Accountability Act accom- Boucher Gibbons Meek plishes that objective with regard to congres- YEAS—249 Browder Gonzalez Menendez sional employees in a manner that does not Allard Buyer Dunn Brown (CA) Gordon Mfume impinge upon the independence of the legisla- Archer Callahan Ehlers Brown (OH) Green Miller (CA) Armey Calvert Ehrlich Bryant (TX) Gutierrez Mineta tive branch nor the ability of Members to rep- Bachus Camp Emerson Cardin Hall (OH) Minge resent their constituents. Baesler Canady English Chapman Hastings (FL) Mink Nevertheless, I am amazed that the Repub- Baker (CA) Castle Ensign Clay Hayes Moakley Baker (LA) Chabot Everett Clayton Hefner Mollohan lican leadership has seen fit to deny Members Ballenger Chambliss Ewing Clement Hilliard Moran any opportunity to amend this bill. This legisla- Barr Chenoweth Fawell Clyburn Hinchey Murtha tion is substantially the same bill that over- Barrett (NE) Christensen Fields (LA) Coleman Holden Nadler whelmingly passed the House last Congress Bartlett Chrysler Fields (TX) Collins (IL) Hoyer Neal Barton Clinger Flanagan Collins (MI) Jackson-Lee Oberstar under Democratic leadership. At that time, at Bass Coble Foley Conyers Jacobs Obey least some amendments were permitted. As a Bateman Coburn Forbes Costello Jefferson Olver matter of principle, the contention that the Bereuter Collins (GA) Ford Coyne Johnson (SD) Ortiz Bevill Combest Fowler de la Garza Johnson, E. B. Orton Congress should be covered by the labor stat- Bilbray Condit Fox Deal Johnston Owens utes is so widely held in this body as to be be- Bilirakis Cooley Franks (CT) DeFazio Kanjorski Pallone yond issue. So why bring the bill up under a Bishop Cramer Franks (NJ) DeLauro Kaptur Pastor gag rule? Surely no one contends that the Bliley Crane Frelinghuysen Dellums Kennedy (MA) Payne (NJ) Blute Crapo Frisa Deutsch Kennedy (RI) Payne (VA) Congressional Accountability Act was written Boehlert Cremeans Funderburk Dicks Kennelly Pelosi on Mount Sinai. Boehner Cubin Gallegly Dingell Kildee Peterson (FL) The stated purpose of the statute is to en- Bonilla Cunningham Ganske Dixon Kleczka Pomeroy Bono Danner Gekas Doggett Klink Poshard sure that the Congress is subject to the same Brewster Davis Gilchrest Dooley LaFalce Rahall rules that we impose on private employers. Brownback DeLay Gillmor Doyle Lantos Rangel Most private employers in this country are Bryant (TN) Diaz-Balart Gilman Durbin Levin Reed subject to the National Labor Relations Act. It Bunn Dickey Goodlatte Edwards Lewis (GA) Reynolds Bunning Doolittle Goodling Engel Lipinski Richardson is interesting to me that no effort has been Burr Dreier Goss Eshoo Lofgren Rivers made to at least apply that statute to those Burton Duncan Graham Evans Lowey Roemer January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 81 Roybal-Allard Stokes Visclosky business’’ and the ‘‘order, decency, and kets Activities of Banks and Bank Rush Studds Volkmer Sabo Stupak Ward regularity’’ of a dignified public body. Holding Companies (1990). Sanders Tauzin Waters These reforms are long overdue. They In addition, the committee’s jurisdic- Sawyer Tejeda Watt (NC) have the support of the American peo- tion is amended to expressly include Schroeder Thompson Waxman ple, and they deserve our strong sup- depository institution securities ac- Schumer Thornton Williams Scott Thurman Wilson port. tivities generally, including the activi- Serrano Torres Wise Mr. Speaker, I would also like to ties of any affiliate, except for the Skaggs Towns Woolsey clarify some of the committee jurisdic- functional regulation under applicable Slaughter Traficant Wyden Spratt Tucker Wynn tion changes contained in section 202 of securities laws not involving safety Stark Velazquez House Resolution 5. and soundness. This clarifies the com- Stenholm Vento The jurisdiction of the Committee on mittee’s primary jurisdiction over the NOT VOTING—6 Agriculture is amended to include in- Glass-Steagall Act. It should be noted Brown (FL) Dornan Vucanovich spection of livestock, and poultry, and that the term ‘‘depository institution’’ Cox Markey Yates meat products, and seafood and seafood specifically includes ‘‘non-bank banks’’ b 2333 products. As a result, the food inspec- grandfathered under the Competitive tion programs of the Department of Equality Banking Act of 1987 and the Ms. ESHOO, Mr. GORDON and Mrs. Agriculture and the Food and Drug Ad- committee has jurisdiction over any SCHROEDER changed their vote from ministration are consolidated under affiliate of a non-bank bank, other ‘‘yea’’ to ‘‘nay.’’ the Committee on Agriculture. The than a registered broker-dealer. Mr. MOORHEAD changed his vote current jurisdictional arrangement Depository institution securities ac- from ‘‘nay’’ to ‘‘yea.’’ with respect to food safety activities tivities under the committee’s jurisdic- So section 108 of the resolution was will remain in the Committee on En- tion would include any activity involv- agreed to. ergy and Commerce. ing bank-eligible securities as de- The result of the vote was announced The committee’s jurisdiction is also scribed in section 5136 of the Revised as above recorded. A motion to reconsider was laid on been amended to include water con- Statutes (12 U.S.C. 24) and any securi- the table. servation related to activities of the ties activity incidental to carrying on The SPEAKER pro tempore (Mr. Department of Agriculture. This grants the business of banking. It would also the committee jurisdiction over any include any activities by depository in- THOMAS). Title II of the resolution is now debatable for 20 minutes. measure that changes section 6217 of stitutions, their holding companies, The gentleman from California [Mr. the Omnibus Budget Reconciliation and any affiliates to: Act of 1990 with respect to agricultural First, underwrite, deal in, broker, or DREIER] will be recognized for 10 min- utes, and the gentleman from Michigan activities in coastal zone areas. distribute securities of any type, and [Mr. BONIOR] will be recognized for 10 The Committee on Banking and Fi- engage in other securities activities as minutes. nancial Services retains all of the ex- permitted by the appropriate federal The Chair recognizes the gentleman isting authority of the Committee on banking agencies; from California [Mr. DREIER]. Banking, Finance and Urban Affairs Second, sponsor, organize, control, Mr. DREIER. Mr. Speaker, I yield from the 103d Congress over financial manage, and act as investment adviser myself such time as I might consume. services providers generally, including to an investment company; (Mr. DREIER asked and was given the activities and supervision of depos- Third, engage in, or acquire the permission to revise and extend his re- itory institutions and any affiliates. shares of any company engaged in any marks.) The committee’s jurisdiction has been securities activity so closely related to Mr. DREIER. Mr. Speaker, the eight expanded, as well as clarified by this banking as to be a proper incident reform items considered previously resolution. thereto. represent the most visible elements of The committee is given jurisdiction A list of current securities-related the House Republican reform agenda. over bank capital markets activities. activities under the committee’s juris- These reforms, combined with the 23 In response to technological and mar- diction that have been determined to additional changes made to the House ket innovations, banks have sought to be so closely related to banking as to rules in title II of this resolution, send continue to service their traditional be a proper incident thereto is de- a clear message to the American people customer base by providing certain scribed in Federal Reserve Board Regu- that Congress is serious about chang- types of investment banking or func- lation Y (12 CFR 225.25). ing the way Washington does business. tionally similar capital market serv- Any securities activity conducted by Mr. Speaker, the need for the ices. The committee has jurisdiction a depository institution, its holding changes in title II is compelling. The over these capital markets activities company, or any affiliate in a reg- rules governing committee jurisdic- engaged in by banks which include, but istered broker-dealer should be func- tions and the general procedures gov- are not limited to, acting as a govern- tionally regulated by the Securities erning the House are ineffective and ment securities broker or dealer under and Exchange Commission under appli- out-of-date. They breed bureaucratic the Government Securities Act, acting cable securities laws and the appro- inertia and rigidity, and they are a hin- as a municipal securities broker or priate Federal banking agency jointly. drance to setting priorities and carry- dealer under section 15B of the Securi- The SEC would functionally regulate a ing out agendas. ties Exchange Act of 1934, acting as an registered broker-dealer affiliated with The rules governing the administra- investment advisor under the Invest- a depository institution for purposes of tion of the House have bred a patron- ment Advisors Act of 1940, providing compliance with the legal and regu- age system that has brought scandal loan guarantees and other similar off- latory framework generally established and embarrassment to this institution balance sheet support, privately plac- for registered broker-dealers under the and have weakened both the public’s ing securities, securitizing loan assets securities laws. SEC functional regula- image and the effectiveness of Con- of any type, syndicating and selling tion under applicable securities laws gress. bank loans, engaging in transactions will not be included in the committee’s The reforms in title II are intended involving exchange-traded and over- jurisdiction. Registered broker-dealers to make the House more accountable, the-counter derivatives, and engaging affiliated with insured institutions will professionalize the administrative in transactions involving other types also be supervised by the appropriate management, and rebuild public con- of qualified financial contracts as that Federal banking agency, most likely fidence in representative government. term is described in section 11(d) of the the Federal Reserve Board, for compli- Adoption of title II will bring about Federal Deposit Insurance Act. A com- ance with applicable Federal banking dramatic change to this institution prehensive summary of bank capital laws and for purposes of protecting the while maintaining a structure of rules markets activities as industry prac- safety and soundness of affiliated in- that achieve what Thomas Jefferson tices have defined this term are con- sured institutions. Supervision for called ‘‘a uniformity of proceeding in tained in A Guide to the Capital Mar- safety and soundness purposes H 82 CONGRESSIONAL RECORD — HOUSE January 4, 1995 of a broker-dealer affiliated with a de- dictions formerly vested in the Com- 20-minute block of time there will be a pository institution by the appropriate mittee on Merchant Marine and Fish- motion to recommit, and I want to ap- Federal banking agency is maintained eries, the Committee on House Admin- prise my colleagues of what that will within the committee’s jurisdiction. istration, and the Committee on En- be. For the newer members of this in- Several significant changes are made ergy and Commerce from the 103d Con- stitution, you will get yet a third to the jurisdiction of the Committee on gress. chance tonight to vote on a ban on Commerce formerly the Committee on The jurisdiction of the Committee on gifts from lobbyists, you will get a Energy and Commerce. Those changes Small Business is amended to include third chance tonight to vote on a limit include the transfer of jurisdiction over measures relating to the Regulatory on royalties for books to one-third of the inspection programs of the Food Flexibility Act and the Paperwork Re- annual salary, you will get a chance duction Act as they affect small busi- and Drug Administration to the Com- again this evening to vote on an open ness. mittee on Agriculture. The current ju- rule for the Congressional Accountabil- risdictional arrangement with respect The Committee on Science retains ity Act, and in addition to that, you to food safety activities would remain the jurisdictional authority of the will get a chance to institute some of in the Committee on Energy and Com- Committee on Science, Space and the reforms that your friends and your merce. Technology from the 103d Congress. Ju- colleagues have championed on this The Committee on Economic and risdiction added to the committee in- Educational Opportunities will retain cludes marine research, which was for- floor over the years, guaranteeing, for the jurisdictional authority of the merly vested in the Committee on Mer- instance, a third of committee staff for Committee on Education and Labor chant Marine and Fisheries from the minority, limiting the terms of the from the 103d Congress. 103d Congress. This jurisdiction in- Speaker to three terms instead of four The Committee on Government Re- cludes, but is not limited to, Coast and terms, bipartisan House Administrator, form and Oversight combines the juris- Geodetic Survey, Regional Marine Re- something championed on this floor diction of the former 103d Congress search Programs, Ocean Thermal En- day in and day out over the last session committees on the District of Colum- ergy Conversion, Global Climate which we have had and now we do not bia, Government Operations, and Post Change, Global Learning and Observa- have anymore, and you can have a Office and Civil Service. The resolution tion to Benefit the Environment, Na- chance to vote on that. Committee ra- clarifies the committee’s jurisdiction tional Undersea Research Program, tios must match. over the Federal Paperwork Reduction NOAA Corps, and NOAA fleet; and All of these reforms you will get a Act. It also clarifies the committee’s The Committee on Transportation chance to vote on in the motion to re- jurisdiction over public information and Infrastructure retains the jurisdic- commit. tional authority of the Committee on and records as they pertain to the Mr. DREIER. Mr. Speaker, I yield 21⁄2 Freedom of Information Act and the Public Works and Transportation from minutes to our new colleague, the gen- Privacy Act. This should not be con- the 103d Congress. Jurisdiction added tleman from Friendswood, TX [Mr. to the Committee includes Federal strued to affect the jurisdiction of the STOCKMAN]. Committee on House Oversight with re- management of emergencies and natu- (Mr. STOCKMAN asked and was ral disasters. This language is added to spect to the Government Printing Of- given permission to revise and extend reflect an agreement reached in the fice, or the Library of Congress, or his remarks.) 103d Congress between the Committee House Information Systems, or the dis- Mr. STOCKMAN. Mr. Speaker, it is semination of such government infor- on Armed Services and the Committee on Public Works and Transportation. It my distinct honor to speak in strong mation to the public. support of the reforms in title II. I was The Committee on House Oversight transfers nearly all of the responsibil- ity for the authorization and oversight elected to Congress as a servant of the retains the jurisdictional authority of people; to limit the size and scope of the Committee on House Administra- of the Federal Emergency Management Agency to the Committee on Transpor- the Federal Government and to clean tion from the 103d Congress, with the tation and Infrastructure. Addition- up the mess here in Washington. This addition of jurisdiction over the Frank- ally, it is my understanding that, based title has 23 provisions and I will focus ing Commission. Jurisdiction over on an agreement with the Office of on just a few. measures relating to the erection of Management and Budget, programs re- In the Contract With America we monuments to the memory of individ- lated to this jurisdictional transfer will committed to slash the number of com- uals is transferred to the Committee on be moved out of budget function 050 to mittees and we have kept our word. Resources. the budget function dealing with public This is revolutionary legislation. The Committee on International Re- works. Jurisdiction over measures re- Today, we will eliminate three com- lations retains the jurisdictional au- lating to merchant marine, except for mittees (Post Office, Merchant Marine, thority of the Committee on Foreign national security aspects of merchant and District of Columbia). No full Affairs from the 103d Congress. marine will be further clarified by a standing House committees has been The jurisdiction of the Committee on memorandum of understanding be- eliminated since 1947. In addition, 25 the Judiciary is amended to include ad- tween the National Security Commit- subcommittees will also be eliminated. ministrative practice and procedure. tee and the Transportation and Infra- The savings will be approximately $35 This is added to reinforce the fact that, structure Committee. since 1946, the committee has had juris- million. House committees, like Fed- In addition, the committee is granted eral programs, ought not live forever. diction over the Administrative Proce- jurisdiction over marine affairs, in- dures Act and the rights and remedies Our first order of business is to put cluding coastal zone management, as the People’s House in order. We signed under administrative law. they related to oil and other pollution The Committee on National Security a contract with the American people to of navigable waters. This vests the look at every Federal action by the retains the jurisdictional authority of committee with primary jurisdiction the Committee on Armed Services House will send a strong and clear mes- over all aspects of the Federal Water sage to the American people that we from the 103d Congress. Jurisdiction Pollution Control Act, and the coastal are serious about our purpose. added to the committee includes tac- nonpoint pollution program established This bill will ensure that what is said tical intelligence and intelligence-re- in section 6217 of the Omnibus Budget on the floor and in committee will be lated activities of the Department of Reconciliation Act of 1990. Defense. This clarifies the existing re- recorded verbatim for the American lationship between the committee and b 2340 people to read. Staff members will no the Permanent Select Committee on Mr. Speaker, I reserve the balance of longer work into the middle of the Intelligence. my time. night to conceal what was actually The Committee on Resources retains Mr. BONIOR. Mr. Speaker, I yield said in the People’s House. the authority of the Committee on myself 1 minute. This bill will end pork barrel projects Natural Resources from the 103d Con- I take this minute of time to indicate on emergency spending bills. This gress, with the addition of some juris- to my colleagues that at the end of this change will make spending cuts easier. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 83

This bill will ban commemorative Wisconsin [Mr. KLECZKA], in trying to man Ornstein has written that DSG legislation like National Asparagus reform these LSO’s, but, no, we could ‘‘has evolved over the years into a Day. Banning this practice will save at never get real reform of LSO’s. We group that provides solid, objective, least $300,000 according to the Congres- could never get a full accounting of the and timely information’’ on upcoming sional Research Service and improve funds. We could never build a wall be- legislation. the operation of Congress by eliminat- tween these taxpayer-funded caucuses House Republicans have attempted to ing the 25 percent of floor time and outside 5013(c) organizations these characterize their abolition of the consumed by commemoratives. foundations. Democratic Study Group as part of Last, and perhaps most importantly, And so putting this in the rules pack- their efforts to cut costs and increase this bill will require the Pledge of Alle- age guarantees that no longer will the efficiency in the House—and yet termi- giance as the third order of business U.S. House of Representatives have to nating DSG does neither. each day. In 1988, the Democrats de- fund these organizations. That means The Democratic Study Group has feated an attempt to require the Pledge less space, less overhead, less cost to been a cost-effective mechanism allow- on the House floor. The Pledge ought America’s taxpayers. ing rank-and-file Members of the House not to be optional in the People’s It is the right move, and the people to pool their resources to have an inde- House and now it is not. I am proud of who put this in here ought to be con- pendent staff that produced indepth our great Nation and believe our best gratulated. legislative analyses that Members days are yet to come. We will set an ex- Mr. BONIOR. Mr. Speaker, I yield 1 needed to carry out their legislative re- ample by beginning our day pledging minute to the distinguished gentleman sponsibilities. allegiance to this country which has from Colorado [Mr. SKAGGS]. Instead of having 435 congressional been so richly blessed. Mr. SKAGGS. Mr. Speaker, included offices have individual staffers attempt Mr. Speaker, thank you again for in the House rules package prepared by to read every bill and accompanying this historic opportunity to lead the the Republican Conference being voted committee report coming to the House debate on this bill. It is a good first upon today are provisions to direct the floor for a vote, the premise of the DSG step and sets an example that we are House Oversight Committee to abolish has been to have a small, independent able to get our affairs in order. Let us all Legislative Service Organizations move boldly ahead to return Congress [LSO’s], including the Democratic staff analyze these bills and provide in- and this Nation to the people. I urge Study Group. terested offices with the indepth analy- adoption. The Republican rules package is ses that they need. Mr. BONIOR. Mr. Speaker, I yield 1 being brought to the floor under a pro- As a result, the existence of DSG minute to the distinguished gentleman cedure which bars amendments. So over the last three decades has actu- from Maryland [Mr. CARDIN]. today there will be no opportunity for ally increased the efficiency of the Mr. CARDIN. Mr. Speaker, let me ex- the House to effectively debate the House of Representatives and reduced press my disappointment with section merits of an organization such as the the cost to each Member of acquiring 201 of the bill that is before us, where Democratic Study Group or to consider this indept information. a partisan Chief Administrative Officer proposals to allow the Democratic DSG has not only increased effi- will replace a nonpartisan Chief Ad- Study Group to continue to provide ciency within the House, it has also ministrative Officer will replace a non- top-quality research within the House done so in a very cost-effective man- partisan Director of Financial and of Representatives. ner. With a staff of only 18—including Non-Legislative Services. However, as the newly elected chair- printers and support staff—the Demo- Many of us on both sides of the aisle man of the Democratic Study Group cratic Study Group produces a pro- have been working for less partisanism, for the 104th Congress, I cannot let this digious amount of high-quality re- particularly in the administration of occasion pass without standing up to search materials for Members, the the House of Representatives. protest this misguided action on the press, and other interested parties. For It was the Republicans who worked part of the House Republican Con- example, in the 103d Congress alone, with us to develop the Director of Fi- ference. DSG produced 517 reports on legisla- nancial and Non-Legislative Services, Although under the new Republican tion and major issues, totaling 7,793 being approved by both the majority rules the Democratic Study Group will pages. Any Republican claims that and minority, reporting to a commit- be allowed to reconstitute itself as a DSG has not been cost-effective simply tee composed of equal numbers of ‘‘Congressional Member Organization,’’ ignore these facts. Democrats and Republicans. DSG’s ability to have an office and Furthermore, despite Republican What happens under this particular staff and thus to produce the legisla- claims to the contrary, the elimination bill? That office is abolished and re- tive research materials Members have of DSG does not save even $1 of tax- placed with a partisan Chief Adminis- relied upon for so long is being termi- payer money and does not cut House trative Officer. A few months ago the nated. staff by even one position. The new Re- Republicans favored bipartisanism in The Democratic Study Group has publican rules don’t cut office expense administration to avoid the abuse of served the House of Representatives ex- allowances or staff slots—they just re- power by any one party. Now, just a tremely well for over 30 years. Over strict how Members are allowed to use few months later, we see a complete re- this period of time, DSG has provided their allowances and staff slots. Thus, versal. independent, indepth, and timely anal- under the new Republican rules, Mem- What a missed opportunity to ad- yses of all legislation coming to the bers will simply now be free to use vance bipartisanism. House floor. money currently used to pay DSG dues Mr. DREIER. Mr. Speaker, I yield 1 Over this more-than-30-year period, to meet other office expenses and be minute to my friend, the gentleman DSG has developed a reputation for free to use staff slots currently used for from West Chester, OH [Mr. BOEHNER]. independence and credibility, by pro- a shared DSG employee to hire another Mr. BOEHNER. Mr. Speaker, ladies viding unbiased information that pre- personal staff member. and gentleman, there are a lot of im- sents both sides of controversial issues If abolishing DSG doesn’t cut costs portant reforms in title II of this part fairly and objectively. Consequently, or increase efficiency, what is the true of the rules package tonight. One of DSG research materials have come to motivation behind the move to termi- those sections in there eliminates leg- be relied upon not only by House nate this 35-year-old organization islative service organizations or, as Democrats, but also by Republican sub- which has served the House so well? some have come to be known, taxpayer scribers, the press, lobbyists, and con- The real motivation for House Re- funded caucuses. gressional scholars. Indeed, at times, publicans in terminating DSG is not The gentleman from Kansas [Mr. DSG has had well over 50 Republican hard to divine. In materials distributed ROBERTS], sitting in the back of the subscribers. in the Republican Conference on De- Chamber, spent 14 years, and I have The quality of DSG research products cember 6, when the vote to eliminate joined him the last 4 years, along with has been noted by many independent DSG was taken, it is stated: ‘‘The de- other Members, the gentleman from observers. For example, scholar Nor- mise of the DSG severely damages the H 84 CONGRESSIONAL RECORD — HOUSE January 4, 1995 power structure of the House Demo- try give unlimited amounts of money The District of Columbia has more crats.’’ where we do not know who gives it, residents than three States, Alaska, Closing down DSG seems to be part what relationship they have to the leg- Wyoming, and Vermont. Combined of an effort to centralize information islation that is pending in this institu- those three States have nine Rep- and to stifle debate on legislation that tion. resentatives in Congress. The District the new Republican majority produces. Let me speak to another issue, Mr. of Columbia has only one nonvoting Indeed, House Republicans have Speaker, that was raised here this Member, that is unfair, unequal and moved to abolish DSG at the same evening, and that is the issue of closing not to mention unconscionable. time that they have promised to bring down voices. We have had a disturbing I urge Members to reconsider their 10 complicated pieces of legislation to trend occur in the last 2 months in this stand on this issue. How can we deny the House floor—the Republican ‘‘Con- institution. LSO’s, Women’s Caucus, persons the right to fair representa- tract With America’’—within the first their voices closed down; African- tion, how can we provide for taxation 100 days of the 104th Congress. Thus, at American voices closed down; Hispanic without representation in the United the same time that the House is em- voices closed down; Democratic Re- States—and at the same time, in good barking on a furious legislative sched- search, the voice of our party, closed faith, fight for democracy abroad? ule, the staff most equipped to provide down. Mr. DREIER. Mr. Speaker, might I the minority party with legislative Then what do we have today? Three analyses has been abolished. closed rules closing down our voice to inquire how much time remains on Although a nonprofit organization is offer amendments, and then the gentle- both sides? being formed that will attempt to pro- men from the other side of the aisle ad- The SPEAKER pro tempore (Mr. vide high-quality DSG-like research vocate closing down Public Broadcast- THOMAS). The gentleman from Califor- services to interested Members and to ing, the National Endowment for the nia [Mr. DREIER] has 3 minutes remain- others, it is a disservice to the House of Arts, and there is a narrow closing of ing, and the gentleman from Michigan Representatives that such a step is now voices in this country, and we will not [Mr. BONIOR] has 5 minutes remaining. necessary. be a part of it. Mr. BONIOR. Mr. Speaker, I yield 90 Scholar Norman Ornstein has said Mr. DREIER. Mr. Speaker, I yield 1 seconds to the distinguished gentleman that losing DSG as an integral part of minute to my friend, the gentleman from Guam [Mr. UNDERWOOD]. the House of Representatives rep- from Idaho Falls, ID [Mr. CRAPO]. (Mr. UNDERWOOD asked and was resents ‘‘a real loss for Congress.’’ Mr. CRAPO. I thank the gentleman given permission to revise and extend More than that, it is a blow to free, for yielding this time to me. his remarks.) open, and honest debate, and a rather Mr. Speaker, let us understand what Mr. UNDERWOOD. Mr. Speaker, all blatant attempt to censor information this debate is about. We have before us day the new majority has proposed a and quash dissent in this body. title II of a proposal that has over 25 package of rules meant to symbolize a b 2350 major and important reforms and a return of Government to the people. motion to commit that will be coming Mr. DREIER. Mr. Speaker, I yield 1 But there is one element of the rules that will say, Let’s not consider these minute to my friend, the gentleman package which flies in the face of de- reforms tonight, reforms that will from Long Beach, CA [Mr. HORN]. mocracy, which strengthens Federal Mr. HORN. Mr. Speaker, we heard a eliminate committees, reforms that control over the lives of citizens, which few hours ago the word hypocrisy used; will eliminate rolling quorums, make disempowers local Government and we have heard about the gift ban that accountable votes in committees, and which makes this House less accessible needs to come before us. The facts of require automatic rollcall votes for to U.S. citizens, and that is the denial life are that this is not the place to dis- spending money and raising taxes, and of the delegates their opportunity to cuss the gift ban, but if we are going to one which is especially important to vote in the Committee of the Whole. discuss it let us also discuss political our class—the freshman class of last Those who argue that against the action committees. Five or ten dollar year—and that is the discharge peti- delegate vote forget the past struggles gifts such as the nasty lips ointment tion. of breaking down barriers to participa- which arrived in our offices today from What is the reason for saying, Let’s tion on the basis of gender, race, poll a Vermont firm, that is not the prob- not enact these reforms tonight? Be- taxes and land ownership. lem. The problem is there is too much cause we have the gift ban proposal put Now, as we confront the issue of fel- money floating around in American forward that our Speaker today said we low citizens who die like you for that politics at $10,000 an election cycle per will address in this Congress. You can- flag, who serve like you for that flag political action committee, PAC’s. not use the issue of saying we want to and who remain spectators in this do it tonight, to dodge these important That is what we have to deal with. country’s affairs, our history is con- reforms. We will get to the gift ban, The fact that you can hold parties at veniently forgotten. Those who would but tonight let us focus on the reforms the Republican Club and at the Demo- deny the participation of people from that this House needs, that the people cratic Club and get $500 at a clip every Guam, a place symbolized in the na- of this country want, and let us get on quarter from Washington lobbyists is tional consciousness in World War II as with the business of reforming this the real lobbyist problem. It is not the the only inhabited U.S. territory in- $5 or $10 gift that pops up, the raisins House. Mr. BONIOR. Mr. Speaker, I yield 1 vaded and occupied since the war of from Fresno, or whatever. 1812, which was the land from which I would suggest to my colleagues on minute to the gentleman from Louisi- much of American power has been ex- the other side of the aisle that what ana [Mr. FIELDS]. tended into Asia and the Pacific during the Republican party offered this Mr. FIELDS of Louisiana. I thank the cold war. Chamber last year and they voted down the gentleman for yielding this time to was a ban on PAC’s and a ban on soft me. Guam was one of the major bases money. Next time we ought to pass Mr. Speaker, since 1800, the residents used to fight the Vietnam war. But that legislation if we are really serious of Washington, DC, have been the only when the wars are over and we attempt about curbing lobbyist influence. tax paying U.S. citizens denied equal to put into practice what we allegedly Mr. BONIOR. Mr. Speaker, I yield representation in Congress, denying fought for, Guam and her people recede myself 1 minute. the residents of the District of Colum- into the back reaches of our memory, Mr. Speaker, I would say to my bia to send Representatives to Con- only to be jarred when again we need friend—and he is my friend—who just gress who can vote on taxes or decide their piece of property to fight another spoke that if he was serious and the questions of war and peace. war, but never to share in the peace. party he represents was serious, they At the same time we expect them to We may lose this time in the fight also would talk about the PAC issue shoulder the burdens of citizenship—in- over this important symbol, but we and open up the books to GOPAC. You cluding the obligation to pay taxes and will be here constantly, reminding you cannot have it both ways. You cannot to fight and die for their country in of who we are until we jar your con- have a PAC where people in this coun- time of war, this is wrong. sciousness and bring the principles of January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 85 this country into fruition wherever the guise of ‘‘reform.’’ I hope that all wants to still the voices, and the mi- that flag flies. fair-minded people will see through nority whip says we are stilling the Mr. DREIER. Mr. Speaker, I reserve this sham. black voices, the Hispanic voices, the the balance of my time. The SPEAKER pro tempore. The gen- women’s voices and the Arts Caucus’ Mr. BONIOR. Mr. Speaker, I yield 11⁄2 tleman from California has 3 minutes voices, and I would like to suggest that minutes to the distinguished gen- remaining and has indicated he has one it is precisely at the crux of a Novem- tleman from New Jersey [Mr. PAYNE]. speaker remaining. The gentleman is ber 8 election. One tends to see Amer- Mr. PAYNE of New Jersey asked and entitled to close. ica as groups of groups with groups’ was given permission to revise and ex- b 2400 claims and society’s assets, and we tend his remarks.) argue that America is 258 million indi- Mr. BONIOR. Mr. Speaker, I yield Mr. PAYNE of New Jersey. I thank vidual Americans, each with their own such time as he may consume to the the gentleman for yielding this time to voice, each being heard at every oppor- gentleman from California [Mr. me. tunity. FILNER]. Mr. Speaker, on behalf of my col- The last time we had a party in this leagues in the Congressional Black (Mr. FILNER asked and was given country that saw America as a collec- Caucus, I rise in strong opposition to permission to revise and extend his re- tion of groups with group claims and the provision in the rules package marks.) assets was in 1832, and 1856 and 1860. which will eliminate all legislative Mr. FILNER. Mr. Speaker, I rise in service organizations. opposition to many of the elements of They were organized around opposition Let’s be honest—this attack on the this package. to another idea. They did not have a caucuses and their right to exist is not While there are some admirable portionsÐ single organizing principle of their motivated by any desire for reform. It for which I would vote if they stood aloneÐthe own. It was the Whig Party, and they will not save the public money. package as a whole must be defeated! died. This change has one purpose, and one When we carefully examine what these Mr. BONIOR. Mr. Speaker, I yield purpose only—to silence the voices of rules will do, we discover they are not reforms myself 1 minute to just respond briefly those who dare to question the status at all, as has been promised, but steps that to that. quo in this supposedly new and ‘‘open’’ actually reduce our ability to serve the public Mr. Speaker, we are 209 Members House of Representatives. and increase opportunities for purely partisan strong, representing every part of this The elimination of the caucuses is an activity. great country and representing every attempt to cut off the flow of informa- Eliminating the Post Office and Civil Service constituency in this great country of tion and ideas that the party now in Committee would be a disservice to the many ours in our Democratic Party. We have power finds threatening. retirees who have dedicated their lives in serv- been silenced tonight, all of us and the Despite their public lip service to bi- ice to their country! I have received many let- people that we represent, from offering partisanship, the Republicans showed ters and calls from seniors who are extremely any amendment on the bills that are true colors behind closed doors. Let me concerned about this action. pending before us tonight. quote from the document they distrib- Eliminating the legislative service organiza- We are not a narrow group of people. uted in the Republican conference. tions will make it more difficult to get a fair We do not represent a narrow interest They said it was important to cut out hearing for any program or analysis that goes of people. We represent a broad spec- the caucuses because, and I quote, in a different direction from that of the new trum of the American public, and they ‘‘Eliminating the Legislative Service majority. have shut us out this evening. Organizations severely damages the In 1992, Congress went through a con- Mr. Speaker, I yield 1 minute to the certed effort in the aftermath of the House power structure of the House Demo- gentleman from New York [Mr. SCHU- crats.’’ Is this bipartisanship? Post Office scandal to make the House admin- MER]. istration a non-partisan activity, reporting in a The Congressional Black Caucus and (Mr. SCHUMER asked and was given the other legislative service organiza- bipartisan manner to Congress. This was true reform. But the proposed rule would eliminate permission to revise and extend his re- tions have been run in an efficient, re- marks.) sponsible manner. Members with simi- the nonpartisan Doorkeeper's OfficeÐand Mr. SCHUMER. Mr. Speaker, I think, lar concerns have been able to pool our open a backdoor to partisan manipulation. yes, in some ways today is historic. My resources to accomplish important The new Speaker's Office is another at- colleagues, the most historic thing goals in behalf of our constituencies. tempt to consolidate power in a partisan man- about today is the fact that on the very As all Members well know, the expendi- nerÐeliminating the progress that has been tures of legislative service organiza- made in protecting the rights of both the mi- first day of the Republican majority tions are carefully monitored by the nority and the majority and in fostering full de- eight significant changes were debated House Finance Office. bate of issues before this legislative body. on the floor, and not a single amend- To ensure strict accountability, the In addition, this rule prevents some of our ment was allowed. We were totally General Accounting Office conducts duly-elected Representatives from voting in shut out of the process, and it is not audits of the legislative service organi- the Committee of the Whole House, including that these were the most earth shatter- zations. the representative from Washington, DCÐ ing of debates of rules. So, again, this is not about reform. It leaving the Capital's citizens with taxation I have to say that when I go into is a blatant move to put a gag on mi- without representation. Talk about moving O’Halleran’s Pub and speak, to the fel- norities and others who may differ in backwards! lows, Mr. Speaker, they do not say, opinion from the new majority party. We must preserve the rights of the majority ‘‘Hey, Charlie, make sure you go to But let me say this—you will not and the minority. We must preserve the votes baseline budgeting,’’ or, ‘‘Get rid of succeed in silencing us. We have been of all Representatives. We must be cautious proxy voting.’’ These are internal is- through many struggles throughout about reform that ends up costing more sues that affect only ourselves, and the course of history, but we have money and decreasing our ability to truly de- they are not going to make the lives of never been silenced. Regardless of the bate ideas. I urge my colleagues to join me in our constituents better. They are a de- outcome of this vote, the Congressional opposing this package. bate as to how to run the House. Black Caucus will continue to meet, to Mr. DREIER. Mr. Speaker, I yield 1 Where could it be more appropriate fight injustices, and to speak out pas- minute to the gentleman from Atlanta, than to allow that debate to be open sionately in behalf of those who have GA [Mr. LINDER], a new member of the and free and to allow alternative pro- no power, who have no voice. We will Committee on Rules. posals as they so suggest that they continue to be the conscience of the Mr. LINDER. Mr. Speaker, I thank want to do than on this kind of debate? Congress. the gentleman from California [Mr. The fact that we have not been allowed Again, Mr. Speaker, I regret this DREIER] for yielding this time to me. to debate these issues and amend these move by the new majority to obstruct Mr. Speaker, I would like to address issues openly does not speak well for the work of the Congressional Black directly the question of stilling of the future openness of how this House Caucus and other organizations under voices, whether the Republican Party will be run. H 86 CONGRESSIONAL RECORD — HOUSE January 4, 1995 The SPEAKER pro tempore (Mr. hours that we had and the efforts of the one or more such waivers from the resolu- THOMAS). All time has expired on the Joint Committee on the Organization tion, and each such motion shall be decided minority side. of Congress, we took input from Demo- without debate and shall require for adop- tion the requisite number of affirmative PARLIAMENTARY INQUIRY crat and Republican Members. We have votes as required by the Budget Act or the Mr. FRANK of Massachusetts. Mr. got a chance to implement 23 of those, rules of the House. After disposition of any Speaker, I have a parliamentary in- Mr. Speaker. We should do it right and all such motions, the House shall pro- quiry. now. ceed to an immediate vote on adoption of the The SPEAKER pro tempore. The gen- Mr. Speaker, with that I yield back resolution.’’. tleman will state his parliamentary in- the balance of my time, and I move the BAN ON GIFTS FROM LOBBYISTS quiry. previous question on resolution. Mr. FRANK of Massachusetts. Will The previous question was ordered. SEC. 228. Clause 4 of rule XLIII of the Rules the speaker tell me if it is his ruling The SPEAKER pro tempore. For of the House of Representatives is amended to read as follows: that it is still Wednesday? I just want what purpose does the gentleman from ‘‘4. (a)(1) No Member, officer, or employee to know what day it is. I was told we Michigan [Mr. BONIOR] rise? of the House of Representatives shall accept have to this on the first day. MOTION TO COMMIT OFFERED BY MR. BONIOR a gift, knowing that such gift is provided di- The SPEAKER pro tempore. The Mr. BONIOR. Mr. Speaker, I offer a rectly or indirectly by a paid lobbyist, a lob- Chair advises the gentleman from Mas- motion to commit. bying firm (a person or entity that has 1 or sachusetts that that is not a par- The SPEAKER pro tempore. Is the more employees who are lobbyists on behalf liamentary inquiry. The Chair recog- gentleman opposed to the resolution? of a client other than that person or entity), nized him for a parliamentary inquiry. Mr. BONIOR. In its present form I or an agent of a foreign principal (as defined The Chair recognizes the gentleman in the Foreign Agents Registration Act of am, Mr. Speaker. 1938). from California [Mr. DREIER]. The SPEAKER pro tempore. The ‘‘(2) The prohibition in subparagraph (1) in- Mr. DREIER. Mr. Speaker, I yield Clerk will report the motion to com- cludes the following: myself the balance of the time. mit. ‘‘(A) Anything provided by a lobbyist or a The SPEAKER pro tempore. The gen- The Clerk read as follows: foreign agent which the Member, officer, or tleman from California [Mr. DREIER] Mr. BONIOR moves to commit the resolu- employee has reason to believe is paid for, has 2 minutes remaining. tion H. Res. 6 to a select committee com- charged to, or reimbursed by a client or firm Mr. DREIER. Mr. Speaker, when we posed of the Majority Leader and the Minor- of such lobbyist or foreign agent. began this day debating the rule I said, ity Leader with instructions to report back ‘‘(B) Anything provided by a lobbyist, a as I yielded time to my colleagues, the same to the House forthwith with only lobbying firm, or a foreign agent to an entity that we were considering these meas- the following amendment: that is maintained or controlled by a Mem- ures under the most open procedure At the end of the resolution, add the fol- ber, officer, or employee. lowing: ‘‘(C) A charitable contribution (as defined that has ever been used for a first day in section 170(c) of the Internal Revenue TERM LIMITS FOR SPEAKER of any session of Congress in our Na- Code of 1986) made by a lobbyist, a lobbying tion’s history. SEC. 224. Clause 7(b) of rule I of the Rules firm, or a foreign agent on the basis of a des- Now I have been listening to my col- of the House of Representatives is amended ignation, recommendation, or other speci- leagues on the other side of the aisle by striking out ‘‘four’’ and inserting in lieu fication of a Member, officer, or employee talk over the last several hours about thereof ‘‘three’’. (not including a mass mailing or other solic- this process being closed, preventing EQUITABLE PARTY RATIOS ON COMMITTEES itation directed to a broad category of per- them from the chance to offer amend- SEC. 225. (a) In rule X of the Rules of the sons or entities). ments. I cannot help but think about House of Representatives, clause 6(a) is ‘‘(D) A contribution or other payment by a lobbyist, a lobbying firm, or a foreign agent the task that I was given in January amended by adding at the end thereof the following new subparagraph: to a legal expense fund established for the 1993 along with the gentleman from ‘‘(3) The membership of each committee benefit of a Member, officer, or employee. New York [Mr. SOLOMON] and several (and each subcommittee, task force, or other ‘‘(E) A charitable contribution (as defined others, the gentleman from Indiana subunit thereof) shall reflect the ratio of ma- in section 170(c) of the Internal Revenue [Mr. HAMILTON], former Senator David jority to minority party Members of the Code of 1986) made by a lobbyist, a lobbying Boren, Senator PETE DOMENICI, to put House at the beginning of the Congress (un- firm, or a foreign agent in lieu of an hono- together the first bipartisan bicameral less otherwise provided by House Rules). For rarium to a Member, officer, or employee. effort in nearly half a century to re- the purposes of this clause, the Resident ‘‘(F) A financial contribution or expendi- form this institution, and I was very Commissioner from Puerto Rico and the Del- ture made by a lobbyist, a lobbying firm, or a foreign agent relating to a conference, re- optimistic 2 years ago today believing egates to the House shall not be counted in determining the party ratio of the House.’’. treat, or similar event, sponsored by or af- that the leadership in this House would (b) In rule X of the Rules of the House of filiated with an official congressional organi- in fact bring the measures that we Representatives, clause 6(f) is amended by zation, for or on behalf of Members, officers, have been passing by overwhelming inserting after the first sentence the follow- or employees. margins with bipartisan support over ing: ‘‘The membership of each such select ‘‘(3) The following are not gifts subject to the past several hours to the floor. committee (and of any subcommittee, task the prohibition in subparagraph (1): Time and time again they made those force or subunit thereof), and of each such ‘‘(A) Anything for which the recipient pays commitments to me. They said we conference committee, shall reflect the ratio the market value, or does not use and promptly returns to the donor. would do it, and what happened? Abso- of the majority to minority party Members of the House at the time of its appoint- ‘‘(B) A contribution, as defined in the Fed- lutely nothing. ment.’’. eral Election Campaign Act of 1971 (2 U.S.C. I look at my good friend, the gen- MAJORITY-MINORITY COMMITTEE STAFF 431 et seq.) that is lawfully made under that tleman from Indian [Mr. HAMILTON], RATIOS Act, or attendance at a fundraising event there with whom I served, and he sponsored by a political organization de- SEC. 226. (a) Notwithstanding any other scribed in section 527(e) of the Internal Reve- knows very well that, as he went to provisions of law, not less than one-third of nue Code of 1986. members of his leadership, unfortu- (the staff funding made available to each ‘‘(C) Food or refreshments of nominal nately his effort to bring about a bipar- standing, select, special, ad hoc, or other value offered other than as part of a meal. committee of the House of Representatives tisan package of reform was denied by ‘‘(D) Benefits resulting from the business, shall be allocated to the minority party. them, and I believe there are many employment, or other outside activities of (b) Subsection (a) shall not apply to the other Democrat Members who wanted the spouse of a Member, officer, or employee, Committee on Standards of Official Conduct. to have it done, but unfortunately the if such benefits are customarily provided to leadership did not allow it. BUDGET WAIVER LIMITATION others in similar circumstances. And what has happened here tonight? SEC. 227. Clause 4(e) of rule XI of the Rules ‘‘(E) Pension and other benefits resulting We have listened to people talk about of the House of Representatives is amended— from continued participation in an employee how this process is closed, preventing (1) by striking out ‘‘(e)’’ and inserting in welfare and benefits plan maintained by a lieu thereof ‘‘(e)(1)’’, and former employer. Members from having the opportunity (2) by adding at the end the following: ‘‘(F) Informational materials that are sent to amend it. Well, as the gentleman ‘‘(2) It shall be in order after the previous to the office of a Member, officer, or em- from New York [Mr. SOLOMON] just re- question has been ordered on any such reso- ployee in the form of books, articles, periodi- minded me, throughout the hours and lution, to offer motions proposing to strike cals, other written materials, audio tapes, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 87 videotapes, or other forms of communica- or family relationship. The Committee on ‘‘(19) A gift of personal hospitality of an in- tion. Standards of Official Conduct shall provide dividual, as defined in section 109(14) of the ‘‘(4)(A) A gift given by an individual under guidance on the applicability of this clause Ethics in Government Act. circumstances which make it clear the gift and examples of circumstances under which ‘‘(20) Free attendance at a widely attended is given for a nonbusiness purpose and is mo- a gift may be accepted under this exception. event permitted pursuant to paragraph (e). tivated by a family relationship or close per- ‘‘(4) A contribution or other payment to a ‘‘(21) Opportunities and benefits which sonal friendship and not the position of the legal expense fund established for the benefit are— Member, officer, or employee shall not be of a Member, officer, or employee, that is ‘‘(A) available to the public or to a class subject to the prohibition in subparagraph otherwise lawfully made, if the person mak- consisting of all Federal employees, whether (1). ing the contribution or payment is identified or not restricted on the basis of geographic ‘‘(B) A gift shall not be considered to be for the Committee on Standards of Official consideration; given for a nonbusiness purpose if the Mem- Conduct. ‘‘(B) offered to members of a group or class ber, officer, or employee has reason to be- ‘‘(5) Any food or refreshments which the in which membership is unrelated to con- lieve the individual giving the gift will recipient reasonably believes to have a value gressional employment; seek— of less than $20. ‘‘(C) offered to members of an organization, ‘‘(i) to deduct the value of such gift as a ‘‘(6) Any gift from another Member, officer, such as an employees’ association or con- business expense on the individual’s Federal or employee of the Senate or the House of gressional credit union, in which member- income tax return, or Representatives. ship is related to congressional employment ‘‘(ii) direct or indirect reimbursement or ‘‘(7) Food, refreshments, lodging, and other and similar opportunities are available to any other compensation for the value of the benefits— large segments of the public through organi- gift from a client or employer of such lobby- ‘‘(A) resulting from the outside business or zations of similar size; ist or foreign agent. employment activities (or other outside ac- ‘‘(D) offered to any group or class that is ‘‘(C) In determining if the giving of a gift tivities that are not connected to the duties not defined in a manner that specifically dis- is motivated by a family relationship or of the Member, officer, or employee as an of- criminates among Government employees on close personal friendship, at least the follow- ficeholder) of the Member, officer, or em- the basis of branch of Government or type of ing factors shall be considered: ployee, or the spouse of the Member, officer, responsibility, or on a basis that favors those ‘‘(i) The history of the relationship be- or employee, if such benefits have not been of higher rank or rate of pay; tween the individual giving the gift and the offered or enhanced because of the official ‘‘(E) in the form of loans from banks and recipient of the gift, including whether or position of the Member, officer, or employee other financial institutions on terms gen- not gifts have previously been exchanged by and are customarily provided to others in erally available to the public; or such individuals. similar circumstances; ‘‘(F) in the form of reduced membership or ‘‘(ii) Whether the Member, officer, or em- ‘‘(B) customarily provided by a prospective other fees for participation in organization ployee has reason to believe the gift was pur- employer in connection with bona fide em- activities offered to all Government employ- chased by the individual who gave the item. ployment discussions; or ees by professional organizations if the only ‘‘(iii) Whether the Member, officer, or em- ‘‘(C) provided by a political organization restrictions on membership relate to profes- ployee has reason to believe the individual described in section 527(e) of the Internal sional qualifications. who gave the gift also at the same time gave Revenue Code of 1986 in connection with a ‘‘(22) A plaque, trophy, or other momento the same or similar gifts to other Members, fund-raising or campaign event sponsored by of modest value. officers, or employees. such an organization. ‘‘(23) Anything for which, in exceptional ‘‘(b) In addition to the restriction on re- ‘‘(8) Pension and other benefits resulting circumstances, a waiver is granted by the ceiving gifts from paid lobbyists, lobbying from continued participation in an employee Committee on Standards of Official Conduct. firms, and agents of foreign principals pro- welfare and benefits plan maintained by a ‘‘(e)(1) Except as prohibited by paragraph vided by paragraph (a) and except as pro- former employer. (a), a Member, officer, or employee may ac- vided in this Rule, no Member, officer, or ‘‘(9) Informational materials that are sent cept an offer of free attendance at a widely employee of the House of Representatives to the office of the Member, officer, or em- attended convention, conference, sympo- shall knowingly accept a gift from any other ployee in the form of books, articles, periodi- sium, forum, panel discussion, dinner, view- person. cals, other written materials, audio tapes, ing, reception, or similar event, provided by ‘‘(c)(1) For the purpose of this clause, the videotapes, or other forms of communica- the sponsor of the event, if— term ‘gift’ means any gratuity, favor, dis- tion. ‘‘(A) the Member, officer, or employee par- count, entertainment, hospitality, loan, for- ‘‘(10) Awards or prizes which are given to ticipates in the event as a speaker or a panel bearance, or other item having monetary competitors in contests or events open to the participant, by presenting information relat- value. The term includes gifts of services, public, including random drawings. ed to Congress or matters before Congress, or training, transportation, lodging, and meals, ‘‘(11) Honorary degrees (and associated by performing a ceremonial function appro- whether provided in kind, by purchase of a travel, food, refreshments, and entertain- priate to the Member’s, officer’s, or employ- ticket, payment in advance, or reimburse- ment) and other bona fide, nonmonetary ee’s official position; or ment after the expense has been incurred. awards presented in recognition of public ‘‘(B) attendance at the event is appropriate ‘‘(2) A gift to the spouse or dependent of a service (and associated food, refreshments, to the performance of the official duties or Member, officer, or employee (or a gift to and entertainment provided in the presen- representative function of the Member, offi- any other individual based on that individ- tation of such degrees and awards). cer, or employee. ual’s relationship with the Member, officer, ‘‘(12) Donations of products from the State ‘‘(2) A Member, officer, or employee who or employee) shall be considered a gift to the that the Member represents that are in- attends an event described in subparagraph Member, officer, or employee if it is given tended primarily for promotional purposes, (1) may accept a sponsor’s unsolicited offer with the knowledge and acquiescence of the such as display or free distribution, and are of free attendance at the event for an accom- Member, officer, or employee and the Mem- of minimal value to any individual recipient. panying individual if others in attendance ber, officer, or employee has reason to be- ‘‘(13) Food, refreshments, and entertain- will generally be similarly accompanied or if lieve the gift was given because of the offi- ment provided to a Member or an employee such attendance is appropriate to assist in cial position of the Member, officer, or em- of a Member in the Member’s home State, the representation of the House of Rep- ployee. subject to reasonable limitations, to be es- resentatives. ‘‘(d) The restrictions in paragraph (b) shall tablished by the Committee on Standards of ‘‘(3) Except as prohibited by paragraph (a), not apply to the following: Official Conduct. a Member, officer, or employee, or the ‘‘(1) Anything for which the Member, offi- ‘‘(14) An item of little intrinsic value such spouse or dependent thereof, may accept a cer, or employee pays the market value, or as a greeting card, baseball cap, or a T shirt. sponsor’s unsolicited offer of free attendance does not use and promptly returns to the ‘‘(15) Training (including food and refresh- at a charity event, except that reimburse- donor. ments furnished to all attendees as an inte- ment for transportation and lodging may not ‘‘(2) A contribution, as defined in the Fed- gral part of the training) provided to a Mem- be accepted in connection with the event. eral Election Campaign Act of 1971 (2 U.S.C. ber, officer, or employee, if such training is ‘‘(4) For purposes of this paragraph, the 431 et seq.) that is lawfully made under that in the interest of the House of Representa- term ‘free attendance’ may include waiver of Act, or attendance at a fundraising event tives. all or part of a conference or other fee, the sponsored by a political organization de- ‘‘(16) Bequests, inheritances, and other provision of local transportation, or the pro- scribed in section 527(e) of the Internal Reve- transfers at death. vision of food, refreshments, entertainment, nue Code of 1986. ‘‘(17) Any item, the receipt of which is au- and instructional materials furnished to all ‘‘(3) Anything provided by an individual on thorized by the Foreign Gifts and Decora- attendees as an integral part of the event. the basis of a personal or family relationship tions Act, the Mutual Educational and Cul- The term does not include entertainment unless the Member, officer, or employee has tural Exchange Act, or any other statute. collateral to the event, or food or refresh- reason to believe that, under the cir- ‘‘(18) Anything which is paid for by the ments taken other than in a group setting cumstances, the gift was provided because of Federal Government, by a State or local gov- with all or substantially all other attendees. the official position of the Member, officer, ernment, or secured by the Government ‘‘(f) No Member, officer, or employee may or employee and not because of the personal under a Government contract. accept a gift the value of which exceeds $250 H 88 CONGRESSIONAL RECORD — HOUSE January 4, 1995 on the basis of the personal relationship ex- travel was in connection with the duties of ‘‘RULE LIII ception in paragraph (d)(3) or the close per- the Member or officer as an officeholder and sonal friendship exception in section 106(d) of would not create the appearance that the ‘‘DIRECTOR OF NON-LEGISLATIVE AND the Lobbying Disclosure Act of 1995 unless Member or officer is using public office for FINANCIAL SERVICES the Committee on Standards of Official Con- private gain. ‘‘1. The Director of Non-legislative and Fi- duct issues a written determination that one ‘‘(4) For the purpose of this paragraph, the nancial Services shall be appointed for a of such exceptions applies. term ‘necessary transportation, lodging, and Congress by the Speaker, the majority lead- ‘‘(g)(1) The Committee on Standards of Of- related expenses’— er, and the minority leader, acting jointly. ficial Conduct is authorized to adjust the ‘‘(A) includes reasonable expenses that are The Director may be removed by the House dollar amount referred to in paragraph (d)(5) necessary for travel— or by the Speaker. The Director shall be paid on a periodic basis, to the extent necessary ‘‘(i) for a period not exceeding 4 days in- at the same rate of basic pay as the elected to adjust for inflation. cluding travel time within the United States officers of the House. ‘‘(2) The Committee on Standards of Offi- or 7 days in addition to travel time outside ‘‘2. The Director of Non-legislative and Fi- cial Conduct shall provide guidance setting the United States; and forth reasonable steps that may be taken by ‘‘(ii) within 24 hours before or after partici- nancial Services shall have extensive mana- Members, officers, and employees, with a pation in an event in the United States or gerial and financial experience. minimum of paperwork and time, to prevent within 48 hours before or after participation ‘‘3. Subject to the policy direction and the acceptance of prohibited gifts from lob- in an event outside the United States, oversight of the Committee on House Over- byists. unless approved in advance by the Commit- sight, the Director shall have operational ‘‘(3) When it is not practicable to return a tee on Standards of Official Conduct; and financial responsibility for functions as- tangible item because it is perishable, the ‘‘(B) is limited to reasonable expenditures signed by resolution of the House. item may, at the discretion of the recipient, for transportation, lodging, conference fees ‘‘4. Subject to the policy direction and be given to an appropriate charity or de- and materials, and food and refreshments, oversight of the Committee on House Over- stroyed. including reimbursement for necessary sight, the Director shall develop employ- ‘‘(h)(1)(A) Except as prohibited by para- transportation, whether or not such trans- ment standards that provide that all employ- graph (a), a reimbursement (including pay- portation occurs within the periods described ment decisions for functions under the Direc- ment in kind) to a Member, officer, or em- in clause (A); tor’s supervision be made in accordance with ployee for necessary transportation, lodging ‘‘(C) does not include expenditures for rec- the non-discrimination provisions of clause 9 and related expenses for travel to a meeting, reational activities or entertainment other of rule XLIII and of rule LI, without regard speaking engagement, factfinding trip or than that provided to all attendees as an in- to political affiliation, and solely on the similar event in connection with the duties tegral part of the event; and of the Member, officer, or employee as an of- basis of fitness to perform the duties in- ‘‘(D) may include travel expenses incurred volved. No adverse personnel action may be ficeholder shall be deemed to be a reimburse- on behalf of either the spouse or a child of taken by the Director without cause.’’. ment to the House of Representatives and the Member, officer, or employee, subject to not a gift prohibited by this paragraph, if the a determination signed by the Member or of- TRANSFER OF FUNCTIONS TO THE DIRECTOR OF Member, officer, or employee— ficer (or in the case of an employee, the NON-LEGISLATIVE AND FINANCIAL SERVICES. ‘‘(i) in the case of an employee, receives Member or officer under whose direct super- SEC. 231. As soon as practicable, but not advance authorization, from the Member or vision the officer or employee works) that officer under whose direct supervision the the attendance of the spouse or child is ap- later than the ninetieth day beginning after employee works, to accept reimbursement, propriate to assist in the representation of the date of adoption of this resolution, the and the House of Representatives. functions and entities specified in subsection ‘‘(ii) discloses the expenses reimbursed or ‘‘(5) The Clerk of the House of Representa- (d) shall be transferred to the Director of to be reimbursed and the authorization to tives shall make available to the public all Non-legislative and Financial Services. the Clerk of the House of Representatives advance authorizations and disclosures of re- (b) The Committee on House Oversight within 30 days after the travel is completed. imbursement filed pursuant to subparagraph shall have authority to prescribe regulations ‘‘(B) For purposes of clause (A), events, the (1) as soon as possible after they are re- providing for— activities of which are substantially rec- ceived.’’. (1) the orderly transfer of the functions reational in nature, shall not be considered LIMITATION ON ROYALTY INCOME and entities specified in subsection (d); and to be in connection with the duties of a (2) such additional transfers of functions Member, officer, or employee as an office- SEC. 229. (a) Clause 3 of rule XLVII of the holder. Rules of the House of Representatives is and entities specified in subsection (d) with ‘‘(2) Each advance authorization to accept amended by adding at the end the following respect to the Clerk, the Sergeant-at-Arms, reimbursement shall be signed by the Mem- new paragraph: and the Director as may be necessary for the ber or officer under whose direct supervision ‘‘(g) In calendar year 1995 or thereafter, a improvement of non-legislative and financial the employee works and shall include— Member, officer, or employee of the House services in the House. ‘‘(A) the name of the employee; may not— (c) Except as provided in subsection (d), ‘‘(B) the name of the person who will make ‘‘(1) receive any copyright royalties for any functions and entities within the jurisdiction the reimbursement; work— of the Committee on House Oversight under ‘‘(C) the time, place, and purpose of the ‘‘(A) unless the royalty is received from an rule X may not be transferred to the Direc- established publisher pursuant to usual and travel; and tor. customary contractual terms; ‘‘(D) a determination that the travel is in (d) The functions and entities referred to ‘‘(B) unless the total amount of such royal- connection with the duties of the employee in subsection (a) are: Office of Employee As- as an officeholder and would not create the ties for that work does not exceed one-third of that individual’s annual pay as a Member, sistance, Finance Office, pay and mileage of appearance that the employee is using public Members, House Information Systems, Office office for private gain. officer, or employee for the year in which the Furnishings, Office Supply Service, Office ‘‘(3) Each disclosure made under subpara- contract is entered into; and Systems Management, Placement Office, graph (1)(A) of expenses reimbursed or to be ‘‘(C) without the prior notification and ap- reimbursed shall be signed by the Member or proval of the contract for that work by the Special Services Office, Telecommuni- officer (in the case of travel by the Member Committee on Standards of Official Conduct; cations, Telephone Exchange, Typewriter or officer) or by the Member or officer under or Repair, Barber Shop, Beauty Shop, House whose direct supervision the employee works ‘‘(2) receive any advance payment for any Restaurant System, Office of Photography, (in the case of travel by an employee) and such work.’’. Inside Mail and Internal Mail Operations (in- shall include— (b) Clause 3(e)(5) of rule XLVII of the Rules cluding coordination with postal substations ‘‘(A) a good faith estimate of total trans- of the House of Representatives is amended to be operated by the United States Postal portation expenses reimbursed or to be reim- to read as follows: Service), Guide Service, and Child Care Cen- bursed; ‘‘(5) copyright royalties.’’. ter, and the non-legislative functions of the (c) The amendments made by this section ‘‘(B) a good faith estimate of total lodging Printing Services, Recording Studio, and shall apply only to copyright royalties re- expenses reimbursed or to be reimbursed; Records and Registration. ‘‘(C) a good faith estimate of total meal ex- ceived by any Member, officer, or employee penses reimbursed or to be reimbursed; of the House after the adoption of this reso- OPEN RULE FOR CONSIDERATION OF ‘‘(D) a good faith estimate of the total of lution, pursuant to any contract entered CONGRESSIONAL ACCOUNTABILITY ACT other expenses reimbursed or to be reim- into while that individual is such a Member, officer, or employee. SEC. 232. (a) Section 108 of this resolution bursed; shall have no force or effect. AMENDMENT TO THE RULES TO CREATE THE ‘‘(E) a determination that all such ex- (b) At any time after the adoption of this POSITION OF DIRECTOR OF NON-LEGISLATIVE penses are necessary transportation, lodging, resolution the Speaker may, pursuant to AND FINANCIAL SERVICES and related expenses as defined in this para- clause 1(b) of Rule XXIII declare the House graph; and SEC. 230. The Rules of the House of Rep- resolved into the Committee of the Whole ‘‘(F) in the case of a reimbursement to a resentatives are amended by adding at the Member or officer, a determination that the end the following new rule: January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 89 House on the State of the Union for consider- The moral imperative that each of us feels Rose Stenholm Tucker ation of the bill (H.R. 1) to apply certain Roybal-Allard Stokes Velazquez to ensure that all Americans are represented Rush Studds Vento laws to the Congress. The first reading of the in this House will not be changed. The iron- bill shall be dispensed with. General debate Sabo Stupak Visclosky Sanders Tanner Volkmer shall be confined to the bill and shall not ex- clad commitment we have made to effectively providing that representation will not waiver. Sawyer Tauzin Ward ceed one hour equally divided and controlled Schroeder Taylor (MS) Waters by the Majority and Minority Leaders. After And despite this effort to diminish the voices Schumer Tejeda Watt (NC) general debate the bill shall be considered of African American, Hispanic American, Asian Scott Thompson Waxman for amendment under the five-minute rule. Pacific American and women Representatives Serrano Thornton Williams The bill shall be considered as read. At the in the Congress, our work will continue. Sisisky Thurman Wilson conclusion of consideration of the bill for Skaggs Torres Wise The SPEAKER pro tempore. Pursu- Skelton Torricelli Woolsey amendment the Committee shall rise and re- ant to House Resolution 5, the previous Slaughter Towns Wyden port the bill to the House with such amend- Spratt Traficant Wynn ments as may have been adopted. Any Mem- question is ordered on the motion to ber may demand a separate vote in the commit. NOES—227 House on any amendment adopted in the There was no objection. Allard Frisa Myers Committee of the Whole to the bill. The pre- The SPEAKER pro tempore. The Archer Funderburk Myrick vious question shall be considered as ordered question is on the motion to commit. Armey Gallegly Nethercutt on the bill and amendments thereto to final The question was taken; and the Bachus Ganske Neumann passage without intervening motion except Speaker pro tempore announced that Baker (CA) Gekas Ney one motion to commit with or without in- Baker (LA) Gilchrest Norwood structions. the noes appeared to have it. Ballenger Gillmor Nussle RECORDED VOTE Barr Gilman Oxley Mr. DREIER (during the reading). Barrett (NE) Goodlatte Packard Mr. Speaker, I ask unanimous consent Mr. FRANK of Massachusetts. Mr. Bartlett Goodling Paxon that the motion to commit be consid- Speaker, I demand a recorded vote. Barton Goss Petri ered as read and printed in the RECORD. A recorded vote was ordered. Bass Graham Pombo Bateman Greenwood Porter The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- Bereuter Gunderson Portman objection to the request of the gen- ant to the provisions of clause 5 of rule Bilbray Gutknecht Pryce tleman from California? XV, the Chair announces that he will Bilirakis Hancock Quillen reduce to a minimum of 5 minutes the Bliley Hansen Quinn Mr. ACKERMAN. Mr. Speaker, I ob- Blute Hastert Radanovich ject. period of time within which a vote by Boehlert Hastings (WA) Ramstad The SPEAKER pro tempore. Objec- electronic device, if ordered, will be Boehner Hayworth Regula tion is heard. taken on the question of passage. Bonilla Hefley Riggs Bono Heineman Roberts The Clerk continued the reading of The vote was taken by electronic de- Brownback Herger Rogers the motion to commit. vice, and there were—ayes 201, noes 227, Bryant (TN) Hilleary Rohrabacher Mr. BONIOR (during the reading). not voting 5, as follows: Bunn Hobson Ros-Lehtinen Bunning Hoekstra Roth Mr. Speaker, I ask unanimous consent [Roll No. 14] Burr Hoke Roukema that my motion to commit be consid- AYES—201 Burton Horn Royce Buyer Hostettler Salmon ered as read and printed in the RECORD. Abercrombie Evans Lofgren Callahan Houghton Sanford The SPEAKER pro tempore. Is there Ackerman Farr Lowey Calvert Hunter Saxton Andrews Fattah Luther objection to the request of the gen- Camp Hutchinson Scarborough Baesler Fazio Maloney tleman from Michigan? Canady Hyde Schaefer Baldacci Fields (LA) Manton Castle Inglis Schiff There was no objection. Barcia Filner Markey Chabot Istook Seastrand Barrett (WI) Flake Martinez Mr. MINETA. Mr. Speaker, the new majority Chambliss Johnson (CT) Sensenbrenner Becerra Foglietta Mascara in the House of Representatives have put for- Chenoweth Johnson, Sam Shadegg Beilenson Ford Matsui Christensen Jones Shaw ward a number of suggestions for reform here Bentsen Frank (MA) McCarthy Chrysler Kasich Shays in the Congress. Berman Frost McDermott Clinger Kelly Shuster Bevill Furse McHale Some of these proposals have merit, some Coble Kim Skeen Bishop Gejdenson McKinney do not. Coburn King Smith (MI) Bonior Gephardt McNulty Collins (GA) Kingston Smith (NJ) But I believe that one of the most damaging, Borski Geren Meehan Combest Klug Smith (TX) Boucher Gibbons Meek and fiscally questionable, is the proposal to Cooley Knollenberg Smith (WA) Brewster Gonzalez Menendez eliminate Legislative Service Organizations Cox Kolbe Solomon Browder Gordon Mfume Crane LaHood Souder here in the House. Brown (CA) Green Miller (CA) Crapo Largent Spence Some Members on the other side of the Brown (OH) Gutierrez Mineta Cremeans Latham Stearns Bryant (TX) Hall (OH) Minge aisle have suggested that elimination of LSO's Cubin LaTourette Stockman Cardin Hall (TX) Mink will save money. Nothing could be further from Davis Lazio Stump Chapman Hamilton Moakley DeLay Leach Talent the truth. Clay Harman Mollohan Diaz-Balart Lewis (CA) Tate Clayton Hastings (FL) Montgomery LSO's have given Members of this body, Dickey Lewis (KY) Taylor (NC) Clement Hayes Moran both Republicans and Democrats, the ability to Doolittle Lightfoot Thomas Clyburn Hefner Murtha Dornan Linder Thornberry combine their resources to more efficiently Coleman Hilliard Nadler Dreier Livingston Tiahrt pursue policies they would have pursued any- Collins (IL) Hinchey Neal Duncan LoBiondo Torkildsen Collins (MI) Holden Oberstar way. Dunn Longley Upton Condit Hoyer Obey Eliminating LSO's will not mean that Mem- Ehlers Lucas Vucanovich Conyers Jackson-Lee Olver Ehrlich Manzullo Waldholtz bers of these caucuses will stop working on Costello Jacobs Ortiz Emerson Martini Walker Coyne Jefferson Orton these issues. Far from it. English McCollum Walsh Cramer Johnson (SD) Owens As an associate member of both the Con- Ensign McCrery Wamp Danner Johnson, E. B. Pallone Everett McDade Weldon (FL) gressional Black and Hispanic Caucuses, I de la Garza Johnston Parker Ewing McHugh Weldon (PA) can assure my colleagues that the work of Deal Kanjorski Pastor Fawell McInnis Weller DeFazio Kaptur Payne (NJ) these caucuses will not stop. Fields (TX) McIntosh White DeLauro Kennedy (MA) Payne (VA) As chairman of the Congressional Asian Pa- Flanagan McKeon Whitfield Dellums Kennedy (RI) Pelosi Foley Metcalf Wicker cific American Caucus, which had hoped to or- Deutsch Kennelly Peterson (FL) Forbes Meyers Wolf Dicks Kildee Peterson (MN) ganize as an LSO and will now be prevented Fowler Mica Young (AK) Dingell Kleczka Pickett from doing so, I can assure my colleagues Fox Miller (FL) Young (FL) Dixon Klink Pomeroy Franks (CT) Molinari Zeliff that our work will continue as well. Doggett LaFalce Poshard Franks (NJ) Moorhead Zimmer If that work requires that each caucus mem- Dooley Lambert-Lincoln Rahall Frelinghuysen Morella ber duplicate within his or her individual office Doyle Lantos Reed the work that could be done more efficiently Durbin Laughlin Reynolds Edwards Levin Richardson NOT VOTING—5 and at a lower cost by one person working for Engel Lewis (GA) Rivers Brown (FL) Rangel Yates an LSO, then so be it. Eshoo Lipinski Roemer Cunningham Stark H 90 CONGRESSIONAL RECORD — HOUSE January 4, 1995 b 0023 (3) EMPLOYEE IN THE SENATE.—The term tive on the earlier of the effective date of ap- ‘‘individual on the payroll of an employing plicable regulations of the Office of Compli- Mr. FAWELL changed his vote from office in the Senate’’ means— ance under section 5 or 2 years after the date ‘‘yea’’ to ‘‘nay.’’ (A) any employee whose pay is disbursed of the enactment of this Act. Messrs. BROWN of California, SAW- by the Secretary of the Senate; (7) Chapter 71 (relating to Federal labor YER, and TOWNS changed their vote (B) any applicant for a position that is to management relations) of title 5, United from ‘‘nay’’ to ‘‘yea.’’ be occupied by an individual described in States Code, effective on the earlier of the So the motion to commit was re- subparagraph (A)); or effective date of applicable regulations of the jected. (C) any individual who was formerly an Office of Compliance under section 5 or 2 employee described in subparagraph (A) and years after the date of the enactment of this The result of the vote was announced whose claim of a violation arises out of the as above recorded. Act. individual’s employment. (8) The Employee Polygraph Protection The SPEAKER pro tempore (Mr. (4) EMPLOYEE OF THE ARCHITECT OF THE CAP- Act of 1988 (29 U.S.C. 2001 et seq.), effective THOMAS). The question is on Title II of ITOL.—The term ‘‘individual on the payroll of on the earlier of the effective date of applica- the resolution. an employing office of the Architect of the ble regulations of the Office of Compliance Title II of the resolution was agreed Capitol’’ means— under section 5 or 1 year after the date of the to. (A) an employee of the Architect of the enactment of this Act, except that this Act Capitol or an individual within the adminis- shall not apply to the United States Capitol A motion to reconsider was laid on trative jurisdiction of the Architect of the Police. the table. Capitol if such employee or individual is paid (9) The Worker Adjustment and Retraining from funds under a law providing appropria- f Notification Act (29 U.S.C. 2101 et seq.), ef- tions for the legislative branch; fective on the earlier of the effective date of GENERAL LEAVE (B) any applicant for a position that is to be occupied by an employee or individual de- applicable regulations of the Office of Com- Mr. SOLOMON. Mr. Speaker, I ask scribed in subparagraph (A); or pliance under section 5 or 1 year after the unanimous consent that all Members (C) any individual who was formerly an date of the enactment of this Act. may have 5 legislative days within employee or individual described in subpara- (10) The Rehabilitation Act of 1973 (29 which to revise and extend their re- graph (A) and whose claim of a violation U.S.C. 791), effective on the earlier of the ef- marks, and to include extraneous ma- arises out of the individual’s employment. fective date of applicable regulations of the terial, on the resolution just adopted. (5) EMPLOYEE OF AN INSTRUMENTALITY.— Office of Compliance under section 5 or 1 The term ‘‘individual on the payroll of an year after the date of the enactment of this The SPEAKER pro tempore. Is there Act. objection to the request of the gen- employing office of an instrumentality’’ means— The laws referred to in this subsection which tleman from New York? (A) any individual on the payroll of an in- apply now to congressional employees shall There was no objection. strumentality of the legislative branch of continue to apply to such employees until f the Federal Government; the effective date such laws are made appli- (B) any applicant for a position that is to cable in accordance with this subsection. CONGRESSIONAL ACCOUNTABILITY be occupied by an individual described in (b) LAWS WHICH MAY BE MADE APPLICA- ACT OF 1995 subparagraph (A); or BLE.—Any provision of Federal law shall, to (C) any individual who was formerly an Mr. SHAYS. Mr. Speaker, as the des- the extent that it relates to the terms and employee described in subparagraph (A) and conditions of employment (including hiring, ignee of the majority leader and pursu- whose claim of a violation arises out of the promotion or demotion, salary and wages, ant to section 108 of House Resolution individual’s instrumentality employment. overtime compensation, benefits, work as- 6, I call up the bill (H.R. 1) to make (6) HEAD OF AN EMPLOYING OFFICE.—The signments or reassignments, termination, certain laws applicable to the legisla- term ‘‘head of an employing office’’ means protection from discrimination in personnel tive branch of the Federal Government, the individual who has final authority to ap- actions, health and safety of employees, and point, hire, discharge, and set the terms, and ask for its immediate consider- family and medical leave) of employees conditions, or privileges of the Congressional apply to the legislative branch of the Federal ation. employment of an employee. The Clerk read the title of the bill. Government in accordance with this Act. SEC. 3. APPLICATION OF LAWS. (c) COMPLIANCE WITH OSHA.—The legisla- The text of H.R. 1 is as follows: (a) LAWS WHICH WILL APPLY.—The follow- tive branch of the Federal Government shall H.R. 1 ing laws shall apply, as prescribed by this comply with the Occupational Safety and Be it enacted by the Senate and House of Rep- subsection, to the legislative branch of the Health Act of 1970 as follows: If a citation of resentatives of the United States of America in Federal Government: a violation of such Act is received, action to Congress assembled, (1) The Fair Labor Standards Act of 1938 (29 abate the violation shall take place as soon U.S.C. 201 et seq.), effective on the earlier of as possible, but no later than the fiscal year SECTION 1. SHORT TITLE. the effective date of applicable regulations of This Act may be cited as the ‘‘Congres- following the fiscal year in which the cita- the Office of Compliance under section 5 or 1 tion is issued. sional Accountability Act of 1995’’. year after the date of the enactment of this SEC. 2. DEFINITIONS. Act. SEC. 4. OFFICE OF COMPLIANCE. As used in this Act: (2) Title VII of the Civil Rights Act of 1964 (a) ESTABLISHMENT.—There is established (1) CONGRESSIONAL EMPLOYEE.—The term (42 U.S.C. 2000e et seq.), effective on the ear- in the legislative branch an Office of Compli- ‘‘congressional employee’’ means— lier of the effective date of applicable regula- ance (hereinafter in this Act referred to as (A) an individual on the payroll of an em- tions of the Office of Compliance under sec- the ‘‘Office’’). ploying office of the House of Representa- tion 5 or 1 year after the date of the enact- (b) COMPOSITION.— tives; ment of this Act. (1) BOARD OF DIRECTORS.—The Office shall (B) an individual on the payroll of an em- (3) The Americans With Disabilities Act of have a Board of Directors. The Board of Di- ploying office of the Senate; 1990 (42 U.S.C. 12101 et seq.), effective on the rectors shall consist of 8 individuals ap- (C) an individual on the payroll of an em- earlier of the effective date of applicable reg- pointed jointly by the Speaker of the House ploying office of the Architect of the Capitol; ulations of the Office of Compliance under of Representatives, the Majority Leader of and section 5 or 1 year after the date of the en- the Senate, and the Minority Leaders of the (D) an individual on the payroll of an em- actment of this Act. House of Representatives and the Senate. ploying office of an instrumentality. (4) The Age Discrimination in Employment Appointments of the first 8 members of the (2) EMPLOYEE IN THE HOUSE OF REPRESENTA- Act of 1967 (29 U.S.C. 621 et seq.) (including Board of Directors shall be completed not TIVES.—The term ‘‘individual on the payroll remedies available to private employees), ef- later than 120 days after the date of the en- of an employing office in the House of Rep- fective on the earlier of the effective date of actment of this Act. resentatives’’ means— applicable regulations of the Office of Com- (2) EXECUTIVE DIRECTOR.— (A) an individual who is covered under rule pliance under section 5 or 1 year after the (A) IN GENERAL.—The Chairperson of the LI of the House of Representatives, as in ef- date of the enactment of this Act. Board of Directors shall appoint, may estab- fect on the day before the date of enactment (5) Titles I and V of the Family and Medi- lish the compensation of, and may termi- of this Act; cal Leave Act of 1993 (29 U.S.C. 2611 et seq.), nate, subject to the approval of the Board of (B) any applicant for a position that is to effective on the earlier of the effective date Directors, an Executive Director (referred to be occupied by an individual described in of applicable regulations of the Office of in this Act as the ‘‘executive director’’). The subparagraph (A); or Compliance under section 5 or 1 year after compensation of the executive director may (C) any individual who was formerly an the date of the enactment of this Act. not exceed the compensation for level V of employee described in subparagraph (A) and (6) The Occupational Safety and Health the Executive Schedule under section 5316 of whose claim of a violation arises out of the Act of 1970 (other than section 19) (29 U.S.C. title 5, United States Code. The executive di- individual’s employment. 651 et seq.) (subject to subsection (c)), effec- rector shall be an individual with training or