3954 CONGRESSIONAL RECORD-HOUSE March 3, 1993 HOUSE OF REPRESENTATIVES-Wednesday, March 3, 1993

The House met at 12 noon. Dooley Kopetski Price (NC) Greenwood Manzullo Schaefer Durbin Kreidler Rahall Hancock McCandless Schiff The Chaplain, Rev. James David Edwards (CA) LaFalce Rangel Hastert McCollum Schroeder Ford, D.D., offered the following Edwards (TX) Lambert Ravenel Hefley McCrery Sensenbrenner prayer: Engel Lancaster Reed Herger McHugh Shaw We know, 0 gracious God, that there English (AZ) Lantos Reynolds Hobson McKeon Shays English (OK) LaRocco Richardson Hoekstra McMillan Shuster is much in the lives of people that is Eshoo Laughlin Rose Hoke Meyers Skeen difficult and painful, but we also know Fazio Lehman Roth Horn Mica Smith (MI) that there is joy and celebration too. Fields (LA) Levin Rowland Huffington Michel Smith (OR) We experience that which is sorrowful Filner Lewis (GA) Roybal-Allard Hunter Miller (FL) Smith (TX) Fingerhut Lipinski Rush Inhofe Molinari Snowe and frustrating, but we sense also the Fish Long Sabo Istook Moorhead Solomon presence of dignity and majesty and Flake Lowey Sanders Jacobs Morella Spence honor among people and what they do. Fo-rlietta Maloney Sangmeister Johnson (CT) Murphy Stearns Santorum Johnson, Sam Nussle Stump 0 Foley Mann We pray, loving God, that we will Frank (MA) Manton Sarpalius Kasich Oxley Sundquist walk the paths of our lives with the as­ -Frost Margolies- Sawyer Kim Packard Talent surance that Your presence is ever Furse Mezvinsky Schumer King Paxon Taylor (MS) with us, that Your power can sustain Gallo Markey Scott Kingston Petri Taylor (NC) Gejdenson Matsui Serrano Klug Porter Thomas (CA) us, and that Your peace is with us to Gephardt Mazzoli Sharp Kolbe Pryce (OH) Thomas (WY) the end of our days. Amen. Geren McCloskey Shepherd Kyl Quillen Torkildsen Gibbons McCurdy Skaggs Lazio Quinn Upton Gillmor McDermott Skelton Leach Ramstad Vucanovich Gilman McHale Slattery Levy Regula Walker THE JOURNAL Glickman Mcinnis Slaughter Lewis (CA) Ridge Walsh Gonzalez McKinney Smith (IA) Lewis (FL) Roberts Weldon The SPEAKER. The Chair has exam­ Gordon McNulty Smith (NJ) Lightfoot Rogers Wolf ined the Journal of the last day's pro­ Green Meehan Spratt Linder Rohrabacher Young (FL) Gunderson Meek Stark Livingston Ros-Lehtinen Zeliff ceedings and announces to the House Gutierrez Menendez Stenholm Machtley Royce Zimmer his approval thereof. Stokes Hall(OH) Mfume NOT VOTING--35 Pursuant to clause 1, rule I, the Jour­ Hall(TX) Mineta Strickland nal stands approved. Hamilton Minge Studds Berman Henry Roukema Hansen Mink Stupak Brown (CA) Hyde Saxton Mr. SOLOMON. Mr. Speaker, pursu­ Harman Moakley Swett Byrne Jefferson Schenk ant to clause 1, rule I, I respectfully de­ Hastings Mollohan Swift Clayton Knollenberg Sisisky mand a vote on agreeing to the Speak­ Hayes Montgomery Synar Cox Lloyd Thurman er's approval of the Journal. Hefner Moran Tanner DeLay Martinez Valentine Hilliard Murtha Tauzin Dellums McDade Washington The SPEAKER. The question is on Hinchey Myers Tejeda Evans Miller (CA) Whitten the Chair's approval of the Journal. Hoagland Nadler Thornton Fields (TX) Payne (VA) Williams The question was taken; and the Hochbrueckner Natcher Torres Ford (MI) Pomeroy Wynn Holden Neal (MA) Torricelli Ford (TN) Roemer Young (AK) Speaker announced that the noes ap­ Houghton Neal (NC) Towns Hamburg Rostenkowski peared to have it. Hoyer Oberstar Traficant Mr. SOLOMON. Mr. Speaker, I object Hughes Obey Tucker 0 1225 Hutchinson Olver Unsoeld to the vote on the ground that a Hutto Ortiz Velazquez So the Journal was approved. quorum is not present and make the Inglis Orton Vento The result of the vote was announced point of order that a quorum is not Inslee Owens Visclosky as above recorded. present. Johnson (GA) Pallone Volkmer Johnson (SD) Parker Waters The SPEAKER. Evidently, a quorum Johnson, E. B. Pastor Watt is not present. Johnston Payne (NJ) Waxman PLEDGE OF ALLEGIANCE The Sergeant at Arms will notify ab­ Kanjorski Pelosi Wheat Kaptur Penny Wilson The SPEAKER pro tempore (Mr. sent Members. Kennedy Peterson (FL) Wise MONTGOMERY). Will the gentleman The vote was taken by electronic de­ Kennelly Peterson (MN) Woolsey from Indiana [Mr. McCLOSKEY] please vice, and there were-yeas 246, nays Kildee Pickett Wyden come forward and lead the House in the 150, not voting 35, as follows: Kleczka Pickle Yates Klein Pombo Pledge of Allegiance? [Roll No. 49] Klink Poshard Mr. McCLOSKEY led the Pledge of YEAS-246 Allegiance as follows: NAYS-150 Abercrombie Bonior Combest I pledge allegiance to the Flag of the Ackerman Borski Condit Allard Burton Duncan United States of America, and to the Repub­ Andrews (ME) Boucher Conyers Armey Buyer Dunn lic for which it stands, one nation under God, Andrews (NJ) Brewster Cooper Bachus (AL) Callahan Emerson Andrews (TX) Brooks Coppersmith Baker (CA) Calvert Everett indivisible, with liberty and justice for all. Applegate Browder Costello Baker (LA) Camp Ewing Archer Brown (FL) Coyne Ballenger Canady Fa well Bacchus (FL) Brown (OH) Cramer Barrett (NE) Castle Fowler MESSAGE FROM THE SENATE Baesler Bryant Danner Bartlett Clay Franks (CT) Barcia Cantwell Darden Barton Coble Franks (NJ) A message from the Senate by Mr. Barlow Cardin de Ia Garza Bentley Collins (GA) Gallegly Hallen, one of its clerks, announced Barrett (WI) Carr Deal Bereuter Crane Gekas Bateman Chapman DeFazio Bilirakis Crapo Gilchrest that the Senate had passed a concur­ Becerra Clement DeLauro Bliley Cunningham Gingrich rent resolution of the following title, Beilenson Clinger Derrick Blute Diaz-Balart Goodlatte in which the concurrence of the House Bevill Clyburn Deutsch Boehlert Dickey Goodling is requested: Bilbray Coleman Dicks Boehner Doolittle Goss Bishop Collins (IL) Dingell Bonilla Dornan Grams S. Con. Res. 12. Concurrent resolution to Blackwell Collins (Ml) Dixon Bunning Dreier Grandy recognize the heroic sacrifice of the Special

OThis symbol represents the time of day during the House proceedings, e.g., 0 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. March 3, 1993 CONGRESSIONAL RECQRD-HOUSE 3955 Agents of the Bureau of Alcohol, Tobacco Chair, on behalf of the President pro into action more than 230 times, with­ and Firearms in Waco, TX. tempore and upon the recommendation out loss of life, in the process of bring­ The message also announced that of the chairman of the Committee on ing to justice many vicious criminals. pursuant to Public Law 1{}2-392, the Finance, appoints the following mem­ Last year, also, investigations by Chair, on behalf of the Republican bers of the Finance Committee as con­ ATF's small force of 2,200 agents leader, announces his appointment of gressional advisers on trade policy and caused charges to be brought against Mr. STEVENS, to the Commission on the negotiations and as official advisers to more than 13,000 bombers, arsonists, Bicentennial of the U.S. Capitol. the U.S. delegations to international gun runners, dope dealers, and other The message also announced that conferences, meetings, and negotiation dangerous offenders. pursuant to section 4355(a), of title 10, sessions relating to trade agreements: We aspire to build a peaceful demo­ United States Code, the Chair, on be­ Mr. MOYNIHAN, Mr. BAUCUS, Mr. BOREN, cratic Nation. But so long as some peo­ half of the Vice President, appoints Mr. Mr. PACKWOOD, Mr. DOLE; and as alter­ ple choose violence over law and order, REID, from the Committee on Appro­ nate official advisers: Mr. BRADLEY, our Nation shall require the services of priations, and Mr. SHELBY, from the Mr. MITCHELL, Mr. PRYOR, Mr. RIEGLE, peace officers, including those of the Committee on Armed Services, to the Mr. ROCKEFELLER, Mr. DASCHLE, Mr. Bureau of Alcohol, Tobacco and Fire­ Board of Visitors of the U.S. Military BREAUX, Mr. CONRAD, Mr. ROTH, Mr. arms. I join with other citizens in com­ Academy. DANFORTH, Mr. CHAFEE, Mr. DUREN­ mending the courage of the valiant The message also announced that BERGER, Mr. GRASSLEY, Mr. HATCH, and ATF special agents, and their fellow pursuant to section 6968(a), of title 10, Mr. WALLOP. peace officers throughout America, United States Code, the Chair, on be­ who face death and injury every day to half of the Vice President, appoints Ms. keep our Nation safe. We grieve for the MIKULSKI, from the Committee on Ap­ ELECTION OF MEMBERS TO agents who died in the line of duty. We propriations, and Mr. SARBANES, at COMMITTEE ON THE BUDGET hurt with the agents injured in doing large, to the Board of Visitors of the Mr. HOYER. Mr. Speaker, by direc­ their duty. We extend our heartfelt U.S. Naval Academy. tion of the Democrat caucus, I offer a sympathy and our total support to The message also announced that privileged resolution (H. Res. 110) and their families. pursuant to section 1295(b), of title 46, ask for its immediate consideration. United States Code, as amended by The Clerk read the resolution, as fol­ Public Law 101-595, the Chair, on behalf lows: of the Vice President, appoints Mr. H. RES. 110 CHANGE HOLLINGS, ex officio, and Mr. BREAUX, Resolved, That the following named Mem­ (Mr. HUNTER asked and was given from the Committee on Commerce, bers, be, and they are hereby, elected to the permission to address the House for 1 Science, and Transportation, to the following standing committee of the House minute and to revise and extend his re­ Board of Visitors of the U.S. Merchant of Representatives: Committee on the Budg­ marks.) Marine Academy. et: Glen Browder of Alabama; Lynn C. Wool­ Mr. HUNTER. Mr. Speaker, all of the The message also announced that sey of California. Members on this side of the aisle also . pursuant to Public Law 102- 392, the The resolution was agreed to. add our condolences to the gentleman Chair, on behalf of the Republican A motion to reconsider was laid on from Maryland's for the fallen agents, leader, appoints Mr. STEVENS, Mr. the table. and we thank him for his statement. GRASSLEY, and Mr. NICKLES, as mem­ Now let us turn to another subject bers of the Bipartisan Task Force on RECOGNITION OF BUREAU OF AL­ that is on everyone's mind. I want to Senate Coverage. COHOL, TOBACCO AND FIREARMS talk about change, Mr. Speaker. The message also announced that Early this year, Mr. Speaker, the pursuant to section 194(a), of title 14, AGENTS KILLED IN THE LINE OF DUTY President of the United States realized · United States Code, as amended by he had a problem, and his problem was Public Law 101-595, the Chair, on behalf (Mr. HOYER asked and was given how do Democrats, who are known by of the Vice President, appoints Mr. permission to address the House for 1 the American people to tax and spend, HOLLINGS, from the Committee on minute and to revise and extend his re­ do the same thing to the American peo­ Commerce, Science, and Transpor­ marks.) ple and have them think that it has tation, to the Board of Visitors of the Mr. HOYER. Mr. Speaker, on Sunday, changed? U.S. Coast Guard Academy. February 28, four agents of the Bureau The message also announced that of Alcohol, Tobacco and Firearms 0 1230 pursuant to Public Law 102-392, the [ATF] gave their lives to uphold the Chair, on behalf of the majority leader, rule of law in America. Fifteen other Mr. Stephanopoulos proved his worth appoints Mr. FORD, Mr. REID, and Mr. ATF agents were wounded by gunfire because he came up with " contribute AKAKA, as members of the Bipartisan or hurt as they attempted to recover and invest" instead of " tax and spend." Task Force on Senate Coverage. firearms and explosive devices held il­ Mr. Speaker, President Clinton has The message also announced that legally at a ranch near Waco, TX. achieved change. pursuant to section 9355(a), of title 10, In ATF's long history, extending United States Code, the Chair, on be­ back to the 1860's, 184 agents have half of the Vice President, appoints Mr. given their lives in the line of duty. ANNOUNCEMENT BY THE SPEAKER EXON , from the Committee on Armed This honor roll now includes the four PRO TEMPORE Services, and Mr. HOLLINGS, from the agents killed in Texas on February 28: The SPEAKER pro tempore (Mr. Committee on Appropriations, to the Special Agent Steve Willis of the Bu­ MONTGOMERY). Let the Chair state that Board of Visitors of the U.S. Air Force reau's Houston post of duty, Special the Chair will recognize the gentleman Academy. Agent Robert J. Williams of Little from New Hampshire [Mr. SWETT] for 1 The message also announced that Rock, and Special Agents Conway minute. There is a special list here, and pursuant to Public Law 86-380, the LeBleu and Todd McKeehan of New Or­ the Chair states for the benefit of Chair, on behalf of the Vice President, leans. Democratic Members that the Chair appoints Mr. DORGAN, to the Advisory The deceased agents were members of will go by this list after this 1 minute Commission on Intergovernmental Re­ ATF's elite special operations teams. by the gentleman from New Hamp­ lations, vice Mr. ROBB. These are the teams that take on the shire. Other Members who are not on The message also announced . that most hazardous jobs of apprehending the list will be recognized after the pursuant to Public Law 93--618, as armed, dangerous criminals. Last year Chair has recognized all Members who amended by Public Law 100--418, the ATF special operations teams went are on the list. 69-059 0-97 Vol. 139 (Pt. 3) 32 3956 CONGRESSIONAL RECORD-HOUSE March 3, 1993 INTRODUCTION OF THE CONGRES­ After all, managing the budget is our We all know what is going on and SIONAL ACCOUNTABILITY ACT job. The people we work for are de­ what has happened over these last sev­ (Mr. SWETT asked and was given manding responsible action today. eral weeks, with all the arm-twisting permission to address the House for 1 that has been underway trying to find minute and to revise and extend his re­ enough votes to save these four select A DEFICIT REDUCTION GUARANTY marks.) committees that spend $4 million and Mr. SWETT. Mr. Speaker, I rise TRUST FUND PROPOSAL employ 91 staffers when the work they today on an issue which reaches to the (Mr. SCHUMER asked and was given are doing is being done by a number of heart of our efforts to regain the trust permission to address the House for 1 other committees. of the American people. I rise on behalf minute and to revise and extend his re­ This morning what do I get in the of bipartisan legislation-H.R. 349, the marks.) mail? I get a "Dear Colleague" from Congressional Accountability Act­ Mr. SCHUMER. Mr. Speaker, one of our friend, the gentleman from New which Congressman SHAYS and I have the many concerns being expressed by York [Mr. RANGEL], with all these introduced to end the exemptions Con­ my constituents is that the spending great ideas about why we ought to save gress enjoys from important laws cuts and tax increases in the Presi­ the Select Committee on Narcotics. which cover the private sector and ex­ dent's economic plan will not actually Let me remind our good friend, the ecutive branch. reduce the deficit. gentleman from New York [Mr. RAN­ These exemptions are the delight of Concern-and in some cases-out­ GEL] and all my colleagues that the Se­ Congress-bashers everywhere, exploited right cynicism about Congress' ability lect Committee on Narcotics is dead. It to put this body in the worst possible to stick to reducing the deficit is wide­ is gone, it has been eliminated, it is light. Those who wish to tear down this spread among American voters. over. institution will continue to seize on These of course are the same voters I want to ask all my colleagues to dig these exemptions as ammunition­ who have signaled that they want lead­ up that "De.ar Colleague" in their of­ until we end them. ership, that they are willing to sac­ fices and look at it. On page 2 they will Beyond our institutional image, rifice, that they are convinced that the see a "clip and mail," whether they there is the simple issue of fairness. President's plan will not be sabotaged support, whether they are undecided, Whatever the rationale, it is wrong for by more spending. or whether they will not support the Mr. Speaker, I say to my colleagues Select Committee on Narcotics. I us to pass laws which would otherwise that a number of us-including BILL apply to Congress and then exempt would urge Members to clip that, mark BREWSTER will soon be circulating a it, and mail it. ourselves-in whole or in part-from letter outlining our deficit reduction Mr. Speaker, we do not need any of their operation. guaranty trust fund proposal. these select committees. As an arc hi teet by training and a The essence of the plan is simple: former alternative energy developer, I First, all net tax increases, savings have worked under a wide gamut of in Social Security, entitlement cuts A MESSAGE TO THE "AGINNERS": Federal regulations. That experience and debt service go into the trust fund GIVE THE PRESIDENT A CHANCE leads me to believe that we will pass and can only be used for deficit reduc­ (Mr. BROWDER asked and was given better laws if we know we will be living tion. permission to address the House for 1 and working under them ourselves. Second, any increases in defense or minute and to revise and extend his re­ Mr. Speaker, I hope Members who domestic discretionary spending must marks.) have not yet done so will add their be offset by cuts of an equal dollar Mr. BROWDER. Mr. Speaker, we names to the cosponsor list for amount in other spending programs. keep hearing from the "aginners" H.R. 349. Third, our plan has an airtight en­ about the President's economic plan forcement mechanism that prevents and his plans for cutting the deficit. tax increases from being used for more You know what an "aginner" is; that is STATEMENT OF THRIFTY 50 spending. somebody that no matter what you tell (Mr. GOSS asked and was given per­ This plan will work: It will cut the them, they are "agin it." mission to address the House for 1 deficit, it will enforce budget discipline I understand the "aginners" because minute and to revise and extend his re­ with no excuses and no gimmicks, and they have had 12 years of the adminis­ marks.) it will ensure the integrity of the Clin­ tration using one set of books for the Mr. GOSS. Mr. Speaker, President ton plan. economic and budget figures and the Clinton has asked Americans to re­ Let me say to my colleagues that the Congress using another set. I would be invent Government. He has also asked . American people are looking to us to "agin" an economic plan put together Congress to be specific regarding sug­ join President Clinton in showing lead­ like that, too, just like I have been gestions to cut the budget. I submit ership on reducing our national deficit. "agin" some of those budgets in the you cannot do one without the other. The time is now. past. Too many Federal dollars are still The "aginners" have been told that going to fund programs from yester­ cutting waste and fraud by itself will day's priority list. Clearly, when you MEMBERS URGED TO RESIST balance the budget. It is a good start, are $4 trillion in debt, there are limits EFFORTS TO SAVE SELECT COM­ but it is only a start. Scapegoating to affordability, and Congress needs to MITTEES waste and fraud in Government lets the reassess the way it does its business (Mr. BOEHNER asked and was given White House, Congress, and everybody and its list of what programs should permission to address the House for 1 else avoid the hard choices. and shouldn't be funded. minute, and to revise and extend his The President has agreed to one set That's why I have introduced House remarks.) of figures-from the Congressional Resolution 105, a list of 50 specific Mr. BOEHNER. Mr. Speaker, let me Budget Office-even if those CBO fig­ spending cuts totaling $190 billion over say to my colleagues that several ures disagree with his figures. Let us 5 years that I believe the Nation can do weeks ago, the House voted 180 to 237 give this novel idea of real numbers without. This resolution directs the to eliminate the Select Committee on budgeting a chance. Budget Committee to include these Narcotics. We eliminated one of the se­ Now he is telling us what his plans specific cuts in its budget resolution, lect committees, and the other three are for cutting the waste and fraud. or be able to justify on a program-by­ resolutions to reauthorize the other The "aginners" need to listen. Honest program basis why further expendi­ three select committees were suddenly talk about waste and fraud in Govern­ tures are necessary. withdrawn from the floor. Why? Be­ ment, and real numbers. I do not know I encourage my colleagues to exam­ cause it looked like they were going to that it has been tried before. Let us ine my list, or make one of their own. be defeated. give it a chance. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3957 READ THE FINE PRINT 0 1240 Those who are comfortable should (Mr. BALLENGER asked and was CLINTON TALKS STRAIGHT? consider the cost of clinging to their given permission to address the House comfort, while so many are uncomfort­ (Mr. HEFLEY asked and was given able. We are one Nation. for 1 minute and to revise and extend permission to address the House for 1 his remarks.) minute and to revise and extend his re­ Mr. BALLENGER. Mr. Speaker, I marks.) TAKE MEAT CLEAVER TO urge the American people to read the Mr. HEFLEY. Mr. Speaker, recently, SPENDING fine print before they buy into Presi­ Bill Clinton told the Nation that he (Mr. BURTON of Indiana asked and dent Clinton's economic package. was going to talk straight with Ameri­ was given permission to address the It's in those details that the reality cans. Not even Jay Leno could come up House for 1 minute.) emerges: This legislation is the same with a better joke than that. He said Mr. BURTON of Indiana. Mr. Speak­ tired tax and spend policies with a he needed to raise taxes to tackle the er, the gentleman from Pennsylvania fresh new sales approach. deficit. [Mr. BLACKWELL] said that we are President Clinton, on his traveling But don't worry; 70 percent of the going to tax the rich more. The fact of medicine show, has offered the Amer­ burden will be paid by those earning the matter is that definition now in­ ican people a tonic that just won't $100,000 or more, so you're safe, right? cludes anybody making about $24,000 or work. He says that the tonic will cure Wrong; his definition of $100,000 $25,000 a year, and President Clinton all that ails the American economy. might surprise you. has said that we are going to have 1 But if you read exactly what this It is not your actual income he is dollar in spending cuts for every dollar tonic contains, you know that this is a talking about-instead, he is talking in tax increases. prescription for economic disaster. about family economic income. Mr. Speaker, let me tell you some­ Higher taxes means slower economic What is that? Well, it includes: thing: The Republican Study Commit­ growth. More spending means a higher Wages, ffiA deductions, Keogh plans tee has done a complete analysis of the deficit. Smoke and mirrors spending and life insurance, employer-provided Clinton proposal, and when you take cuts means no more progress on our benefits, imputed rent for homeowners, out the smoke and mirrors, America, national debt. and anything else that could conceiv­ and take out the fee increases that President Clinton is a persuasive and ably be of economic value to you. they are counting as spending cuts, charismatic salesman who has a pack­ So if you're thinking, I'm alright, I there is $100 in new spending for every age that he wants the American people earn much less than $100,000. Check $1 in spending cuts; $100 in new spend­ to buy. But I urge the American people your numbers. ing for ever $1 in spending cuts. to read the fine print first. With Bill Clinton's so-called straight Before we load more taxes on the talk, $100,000 is less than you think. American people, we ought to take a meat cleaver to spending. Then talk about taxes. THE PUBLIC GOOD SUFFERS FROM THE COST OF BEING COM- FOLLOWING NARROW POLITICAL FORTABLE WHILE OTHERS ARE INTERESTS UNCOMFORTABLE CUT REPUBLICAN SACRED COWS FROM BUDGET (Mr. STRICKLAND asked and was (Mr. BLACKWELL asked and was given permission to address the House given permission to address the House (Mr. OWENS asked and was given for 1 minute.) for 1 minute and to revise and extend permission to address the House for 1 Mr. STRICKLAND. Mr. Speaker, his remarks.) minute and to revise and extend his re­ marks.) President Clinton has challenged us to Mr. BLACKWELL. Mr. Speaker, some Mr. OWENS. Mr. Speaker, I pray that place the welfare of the country above of our colleagues become uncomfort­ the Congress of the United States will narrow political interests. able with talk of taxing the rich. catch up with the wisdom of the Amer­ The response of some in the minority That is because they are comfortable. ican people and support the President's party has been disappointing. One For them, it is better for the poor package member-speaking of the majority­ and middle class to be uncomfortable. You want a meat cleaver? We can has said, "As long as we're kicking They prefer to talk about spending still make some adjustments in that them in the shins and giving them a cuts. package, and we could use a meat black eye, we're in control." Those who are promoting spending cleaver to get $100 billion more. It will Mr. Speaker, such rhetoric is irre­ cuts are not concerned that 35 million not be easy, but it can be done. Let us sponsible. citizens, 14 percent of the entire popu­ cut the Republican sacred cows. In the chapel at Asbury College is a lation, have no health care coverage, Let us cut CIA and the intelligence plaque. It says: " Here we enter a fel­ and the numbers are rapidly rising. budget. We do not need $28 billion or lowship. Sometimes we will agree to They are not concerned that there more for the CIA anymore. Let us cut differ. Always we should resolve to love are 9 million people out of work, in­ star wars. It is an insult to the intel­ and unite to serve." cluding many who have given them­ ligence of the American taxpayer to In this Chamber we are bound to dif­ selves in defense of this Nation. continue a single penny more for star fer-that is how it ought to be. They are comfortable. They have wars. The President has not gone far But for some, there is no willingness health care. They have jobs. They are enough. to unite in order to serve. While Presi­ comfortable, and they apparently pre­ Let us cut NATO. NATO generals are dent Clinton calls on patriotic Ameri­ fer that the hungry, homeless, jobless, living off the fat of the American tax­ cans to come together and heal old and those who lack health care are un­ payers. They have lived off them long wounds, the vanguard of the status quo comfortable enough. We do not need NATO. · in this body chooses to kick shins and Mr. Speaker, to those who ask the We do not need overseas bases. Over­ give black eyes. question, Can we afford a stimulus pro­ seas bases will not disrupt the econo­ Mr. Speaker, if we truly love our gram, or can we afford health care re­ mies of any of our communi ties if they country and want to promote the pub­ form? are eliminated. We do not need those lic good, we cannot condone mean-spir­ I say, can we afford not to have a overseas bases. Let us cut them. ited hostility on this floor any longer. stimulus program, can we afford not to Let us cut the obsolete weapons sys­ If we are going to address this Nation's have health care reform? tems. Let us cut the space station, problems, we need to act as mature If the questions are not properly slow it down even more. It is the wrong adults, not like schoolchildren on a asked, we can not get the right an­ design anyhow, so let us cut it some playground. swers. more. 3958 CONGRESSIONAL RECORD-HOUSE March 3, 1993 Let us cut the superconducting super We have had enough deficit dema­ continuing to offer necessary services, collider. Let us cut the strategic oil re­ goguery in the past 12 years. Reagan­ as well as providing stimulus and in­ serve, and the mohair giveaway pro­ omics didn't work. Trickle down didn't centives that will produce long-term gram. Let us cut the rural electrifica­ work. Voodoo didn't work. economic health for our Nation. tion program some more. Let us cut Let's try something real. Mr. Speaker, I am excited that the the subsidies that are there for farmers President has given Congress a pro­ who make $150,000 or more. gram for change and the opportunity Mr. Speaker, let us make some more EXCERPTS FROM LETTER FROM to work with the administration to adjustments in this package. But I sup­ CONSTITUENT fine-tune the Nation's economic recov­ port the package. (Mr. COLLINS of Georgia asked and ery. was given permission to address the 0 1250 House for 1 minute and to revise and SHOOT FIRST, ASK QUESTIONS I would like to remind my colleagues LATER extend his remarks.) Mr. COLLINS of Georgia. Mr. Speak­ that this Nation was built on rural (Mr. GRAMS asked and was given er, yesterday I referred to the mail and communities and that rural commu­ permission to address the House for 1 phone calls I am receiving in regards to nities are dependent on agricultural minute and to revise and extend his re­ President Clinton's economic proposal. economy. Our American farmers have marks.) Today, I will read excerpts of a letter I endured more cuts than any other in­ Mr. GRAMS. Mr. Speaker, since his opened this morning from a gentleman dustry in recent years, and they are joint session speech, the President and in Peachtree City, GA. willing to do their fair share this go­ around. But the success of our eco­ his Cabinet have engaged in an impres­ DEAR MR. COLLINS: I am 81 years old and I sive public relations campaign to sell am on social security. I am opposed to Mr. nomic recovery will depend on the in­ his plan to the American people. One of Clinton's program. He is hitting us too hard. volvement of all areas in this Nation. his major claims about the plan is that He says he is fair but is not. We must reinvest in rural America, it is straight forward and uses honest I am strongly opposed to " value added what this country was built on. Farm­ numbers. This is simply not the case. tax." AARP is pushing this, but they fouled ing continues to be a growth industry Ross Perot said on the CBS Morning up before. Remember " catastrophic with an increased productivity curve. News that Americans still don't have healthcare?" Instead of punishing the industry for Past history shows any increase in revenue its growth, let us help our farmers con­ accurate numbers on the plan and will be wasted. Cut wasteful spending. noted that the Devil is in the details. I think Clinton is wrong about homo­ tinue to build by offering trade incen­ Most details of Clinton's plan have yet sexuals in the military. tives and open and fair markets. President Clinton has spent a great to be released, including specific de­ Mr. Speaker, the gentleman further fense cuts, details on the energy tax wrote: deal of time and effort to present us and an honest break-down of taxes ver­ with a broad plan. Let us now join and I trust him about as far as I can throw an work together to make that happen. sus spending. anvil. The Democratic leadership is asking Congress to vote on this vague package He closed by stating: in 2 weeks. They seem to be saying I hope you, fellow Republicans, and con­ SPECIFIC SPENDING CUTS vote now, see the details later. This servative Democrats can change Clinton's (Mr. ZELIFF asked and was given rushed vote amounts to a shoot-first, programs to something practical. permission to address the House for 1 ask-questions-later policy. I urge my minute and to revise and extend his re­ marks.) colleagues to demand the facts before ANNOUNCEMENT BY THE SPEAKER any vote on the package. Mr. ZELIFF. Mr. Speaker, the Presi­ PRO TEMPORE dent laid down a challenge to us, say­ The SPEAKER pro tempore (Mr. ing "That if we want more spending GETTING REAL ABOUT THE MONTGOMERY). The Chair would remind cuts, then we should be specific.'' DEFICIT the gentleman from Georgia [Mr. COL­ The real question, Mr. Speaker, is (Mr. KREIDLER asked and was given LINS] that the reference the gentleman will you let us be specific and allow us permission to address the House for 1 made to the President is not in order. to propose spending cuts? minute and to revise and extend his re­ Mr. COLLINS of Georgia. Mr. Speak­ Will you let the people's House have marks.) er, I am referring to a letter that I re­ an open rule for spending cuts so that Mr. KREIDLER. Mr. Speaker, I have ceived. I have a copy of the letter in each Member's proposals to cut bloated been back to my district twice since my pocket. I do not refer the remarks Government spending can specifically President Clinton announced his eco­ to any one individual except you. be proposed and debated? nomic plan. That plan is winning sup­ The SPEAKER pro tempore. Part of We accept the President's challenge, port in my district. the letter should not be read into or in­ Mr. Speaker. The people I represent are tired of serted in the RECORD. The statements Now it is up to you. Give us an open gridlock, tired of the blame game, tired of other persons, if unparliamentary, rule to propose our specific budget of finger pointing, tired of business as should not be utilized in debate. cuts, as the President asked. Let each usual. They are ready for the truth, proposed budget cut be debated and ready for leadership, and ready to take voted upon. charge of this country's future. WORK TOGETHER TO MAKE Let the people of America examine They may not like everything in Bill PRESIDENT'S PLAN WORK our votes and find out the truth about Clinton's plan, but they know it is fair, (Ms. LAMBERT asked and was given who wants to cut Government spending they know it is honest, and they know permission to address the House for 1 and who doesn't. Give us an open rule it is responsible. minute and to revise and extend her re­ for budget cuts, Mr. Speaker. The people who sent me here are marks.) The President can't have it both ready to face the facts, and ready to Ms. LAMBERT. Mr. Speaker, today I ways. He can't demand that the Mem­ take the steps necessary to cut the def­ rise in support of President Clinton's bers be specific in proposing budget icit. plan, and also in support of his willing­ cut.s, while the congressional leaders of They expect to hear more from the ness and courage to do something. his party muzzle the duly elected rep­ critics than rhetoric, more than num­ President Clinton's economic plan is resentatives from proposing budget bers games and cheap talk. If the crit­ a great first step towards reining in cuts on the floor of the House. ics have better ideas, let's hear them. our spiraling deficit. We all here agree Fancy speeches to town meetings, on Not gimmicks-specifics. we must cut wasteful spending while talk shows, and to school kids will not March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3959 cut one penny from the budget fat. we know what that sacrifice means. He national helium reserves. It astonished Budget cuts must be made when the means raise taxes. But we have had an me that a program which began in 1929 budget is being acted upon. opportunity to visit with our constitu­ had received continued funding. Even What are you afraid of, Mr. Speaker? ents and they tell us, "It is the spend­ though the project was outdated and Let's put democracy back in the House ing, stupid." Government is too big and had lost $225 million in the last 2 years of Representatives. it spends too much. alone; even though there is a thriving We have plenty of fat right here in private sector market in helium; and, the Federal Government, ready and even though a projected savings in the THE FEDERAL DEFICIT waiting to be cut, and that is exactly first year would be $120 million and (Ms. McKINNEY asked and was given what we are going to do. over 5 years $700 million would be permission to address the House for 1 In the past we have had many similar saved. minute and to revise and extend her re­ task forces, but we are going to take it A change in the national helium re­ marks.) one step further. We are going to bring serve will not threaten our national se­ Ms. McKINNEY. Mr. Speaker, the it to the chopping block once and for curity. Currently, there are 35 billion policies of the last 12 years resulted in all where it belongs. We believe theRe­ cubic feet of helium in the Federal the increase of two critical deficits-a publicans need to identify the waste stockpile, enough to meet public sector financial deficit and a human resources dividend. needs for over 20 years. deficit. Financial deficit has increased My colleagues can help. Our constitu­ The card I received from a constitu­ from $47.7 billion in 1980 to $228 billion ents can help out there. Give us your ent just this morning says it all, plain in 1993. This is an enormous burden on ideas. Give us your suggestions. We can and simple, stop spending first. the economy. Interest on the national downsize and streamline this Govern­ It is time that we heed this advice debt costs each of us $800 per year. ment. and make the necessary cuts before we The President's economic plan will tax ourselves back into a recession. decrease the deficit without triggering IN SUPPORT OF THE PRESIDENT'S a recession. It also shifts resources to PLAN programs that invest in our people, our human resources. ·And no family's tax (Mr. FINGERHUT asked and was given permission to address the House LET US HEAR SOME SUGGESTIONS rate will increase unless income ex­ FROM THE OTHER SIDE ceeds $140,000. I received the following for 1 minute and to revise and extend letter from Robert C. Smith of his remarks.) (Mr. WISE asked and was given per­ Lithonia, GA, which I believe reflects Mr. FINGERHUT. Mr. Speaker, over mission to address the House for 1 the dominant view of the folks in my the last several weeks, we have wit­ minute and to revise and extend his re­ district: nessed an extraordinary dialog between marks.) Mr. WISE. Mr. Speaker, I have been I * * * urge you to strongly support the the President and the American people President's approach for reducing the na­ over the future of this country. It has listening patiently to all the criticisms tion's budget deficit situation. I, as a tax­ been impressive on both scores. Listen­ of President Clinton's proposal from payer, understand that this problem will ing to a President speak openly and the other side. Let me quickly run never be corrected without some sacrifice forthrightly with the American people through them. from all citizens and if this means a greater and listening to the American people One person said, when the President tax burden to secure my children's future speak back from their hearts and their says invest he means spend. But he then so be it. souls. does not hold up a sign that shows that Mr. Smith goes on to urge us to Mr. Speaker, now the debate and the the public investment in this country make the necessary cuts in the Federal discussion shifts to a debate between has declined steadily, which is why we budget. Congress and the American people. And have such a sluggish economy. I am committed to supporting cuts in we must deliver. One complains about contribution spending and reductions in taxpayer In just a couple short weeks on this really means tax, but does not show support recommended in the Presi­ floor we will vote on a budget resolu­ the declining income of the middle dent's plan. And, I believe the Amer­ tion that will, for the first time, con­ class person who knows that there are ican people would like to see more inef­ tain specific and far-reaching cuts, going to have to be some significant fective programs and unnecessary sub­ those cuts that President Clinton has steps taken. sidies eliminated. proposed and those that this body will One complains about moving too I call on my colleagues to hold the add. fast, but I presume then they want to line on the President's proposed spend­ Mr. Speaker, it is incumbent upon us move slowly. I do not know what it is. ing reductions and to be open to addi­ to make this debate clear and precise One complains about tonic but does tional cuts in Federal spending. for the American people over the next not talk about the snake oil that got few weeks. sold to Americans for the last 12 years Let us vote on the cuts that the and has put the patient in the shape it TASK FORCE ON REFORM President has proposed and let us also is today. (Mr. NUSSLE asked and was given vote on the investments in the future The fact of the matter is, I have permission to address the House for 1 that he has proposed. And anyone who heard everything from the other side minute and to revise and extend his re­ wishes to add or subtract should put but what they want to do. I have heard marks.) their ideas forward and we will do so as complaints, but I want to hear a pro­ Mr. NUSSLE. Mr. Speaker, in the well. posal. Do not tell me about cuts that spirit of GM and IBM, it is quite an It is now up to us to continue the de­ you want to do. What are the cuts? honor for me to be named today as the bate. The fact is, they have got the B-1. chairman of the Republican Task Force They keep it in the hangar. They want on Government Reform, appointed by to keep it a secret. And worst of all, the Republican leadership. We cer­ HELIUM RESERVES they do not want it outside because tainly have our work cut out for us, (Mrs. FOWLER asked and was given they know the turkey will not fly. but I have no doubt that we can accom­ permission to address the House for 1 My district says, get on with the job. plish our goal. minute and to revise and extend her re­ The President has put forward a pro­ During his inaugural address, Presi­ marks.) gram. There are some improvements dent Clinton spoke of the need to sac­ Mrs. FOWLER. Mr. Speaker, last that can be made, but let us do the job rifice and now, as the President begins year while I was doing campaign re­ and deal with ~he problems that the to sell his package around the country, search, I came across the now infamous President has addressed. 3960 CONGRESSIONAL RECORD-HOUSE March 3, 1993 SPENDING CUTS suffering that the President is calling Mr. LIGHTFOOT. Mr. Speaker, today (Mr. POMBO asked and was given for, but, as Ross Perot says, " The devil I am joining with my esteemed chair­ permission to address the House for 1 is in the details." man of the Treasury and Postal Sub­ minute and to revise and extend his re­ You may recall that during the cam­ committee of the Appropriations Com­ marks.) paign, Mr. Perot lamented that we may mittee to offer a resolution honoring Mr. POMBO. Mr. Speaker, I come be­ soon be a nation of chicken pluckers. the four fallen officers of the Bureau of fore my colleagues to, I guess, start off Under the President's plan, not even Alcohol, Tobacco and Firearms who a process that we began last week. The the chicken pluckers will be safe, since lost their lives in the confrontation in President came before our body and they will be paying for inspections by Waco, TX, which is continuing as we the USDA which President Clinton asked for specific cuts. If we did not speak. calls a spending cut. I would call that Every day the men and women of our like what he proposed, to come out a gimmick. Increasing the taxes on so­ with specific cuts. law enforcement forces put their lives cial security recipients is also called a on the line to try and make our Nation As my colleagues have heard from a spending cut. I would call that a gim­ few of the Members of the freshman a little safer. Most of these officers and mick, too. those of us who rely on them to keep class before me, and those who will fol­ We deserve an accurate, detailed ver­ low me, we are giving specific cuts that the peace are fortunate enough to have sion of President Clinton's economic them return each day to continue that we would like to see be made to the plan, without the gimmicks. Our con­ Federal budget. Each Member is pre­ effort. Sadly, BATF agents Steve Wil­ stituents deserve to know what sac­ lis, Robert J. Williams, Conway pared and willing to back up their cuts rifices their President expects of them. that they are proposing. LeBleu, and Todd McKeehan will not If the President claims that he will de­ be returning. It is up to us to make D 1300 mand sacrifice, we deserve to know, be­ sure their sacrifice does not get lost in fore we vote on his proposal, whether the sensationalism that inevitably sur­ We ask you, Mr. Speaker, and the he expects sacrifice from just the Members on the other side of the aisle, rounds a case like the standoff in American people, or whether he will Waco. to take a look at the cuts that we are expect sacrifice from Government, too. proposing and pick 20 of them that the I hope that we have not become so Please, President Clinton, give us de­ used to violent crimes like this that we Members like, pick 10 of them that tails-not gimmicks. they like, pick one that they like, but would allow ourselves to forget the please, let us cut our Federal budget. price these men have paid. This resolu­ Let us reduce spending before we even IT'S PUT UP OR SHUT UP TIME tion, of course, does not begin to make think about taxes. FOR CAMPAIGN FINANCE REFORM up for the loss to these agents' loved (Mr. MAZZOLI asked and was given ones, and to the law enforcement com­ permission to address the House for 1 munity. But at least, through this GENERAL MOTORS DESERVES AN minute and to revise and extend his re­ measure, we can show them that we in APOLOGY marks.) Congress are profoundly grateful for their sacrifice, and are committed to (Mr. TRAFICANT asked and was Mr. MAZZOLI. Mr. Speaker, in to­ given permission to address the House day's Washington Post, the senior Sen­ remembering what they did in the line for 1 minute and to revise and extend ator from Oklahoma, in an op-ed piece, of duty. has said that it is put up or shut up Also, Mr. Speaker, I would like to ex­ his remarks.) press my gratitude and deep admira­ Mr. TRAFICANT. Mr. Speaker, Mi­ time for campaign finance reform. I could not agree more with the Senator tion for those agents who have been chael Gartner, the boss of NBC News, wounded in the course of this con­ was fired. Mr. Gartner was fired be­ from Oklahoma. · Indeed, if we do not take advantage frontation. I know the chairman, Mr. cause of the safety test he ordered on HOYER, and I both want them to know General Motors trucks. of this opportunity we may not be able to pass, ever, effective campaign fi­ that our prayers and thoughts are with Let us look at the facts. First, Mr. them, and their families as well. Gartner made sure that the gas tanks nance reform. What, of course, the sen­ ior Senator meant by what he said, is Finally, Mr. Speaker, I would urge were tampered with. Then Mr. Gartner all my colleagues in the House to join ordered that tiny, little model rocket that the augers have never been better to enact campaign reform. the members of this subcommittee in engines· were attached to the trunk so supporting this resolution. It is one that, on impact, the truck would blow Last year Congress sent a bill to the President. It was vetoed. This year we small, but worthy, part we can play in up. Bingo, it did. the effort to support the members of If that is enough to muffle our slip have a President in the White House who will sign a campaign reform bill the BATF and the law enforcement clutch here, folks, Mr. Gartner is cry­ community at large. ing foul. I say that the only justice in into law. all of this is that Mr. Gartner got fired. Everyone knows all the tiresome sta­ Sayonara, see you later. General Mo­ tistics. One-half of $1 billion, $500 mil­ INTRODUCING RESOLUTION TO tors deserves an apology because of the lion, was spent during the 1992 cam­ HONOR SOUTH KOREA'S FREE deceit and the lies. paign cycle. This is a $113 million in­ AND FAIR ELECTIONS AND TO I think it is time that we accentuate crease in spending just since 1990. It CONGRATULATE KIM YOUNG­ the fact that the media should report now requires a Member running for the SAM the news, not make the news. Senate to raise something like $12,000 a week in order to finance a campaign; (Mr. FOGLIETTA asked and was on our side, it's up to $5,000 a week. given permission to address the House for 1 minute and to revise and extend DETAILS, NOT GIMMICKS The statistics are on the books, Mr. Speaker. We need to cut back on cam­ his remarks.) (Mr. McKEON asked and was given paign spending. We need now to put up Mr. FOGLIETTA. Mr. Speaker, I rise permission to address the House for 1 or shut up on campaign reform. today supporting the introduction of a minute and to revise and extend his re­ resolution applauding the recent Presi­ marks.) dential elections and peaceful transi­ Mr. McKEON. Mr. Speaker, President INTRODUCING A RESOLUTION TO tion of power in the Republic of South Clinton has been talking a good game HONOR FALLEN BATF AGENTS Korea. These elections represent a about his economic package, but he (Mr. LIGHTFOOT asked and was turning point in the nation's political continues to avoid what the American given permission to address the House history-a change driven by the Korean people are most interested in, the de­ for 1 minute and to revise and extend people toward a nonmilitary govern­ tails. We know about the sacrifice and his remarks.) ment. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3961 Just before the recent elections, I ANNOUNCEMENT BY THE SPEAKER these last few days about the need to went to South Korea. The streets of PRO TEMPORE use tax increases to erase part of the Seoul were filled with enthusiasm, op- The SPEAKER pro tempore (Mr. deficit. We have also heard about how timism and the sights of democracy. MONTGOMERY). The Chair would remind those tax hikes should fall only on Contrast that to the 1987 Presidential Members again that they have to ad­ those who can most afford to pay. elections. Those elections were held in dress the Chair. They cannot ::;epa­ Unfortunately, for too long, our order to calm the protests of the Ko- rately address the President or some country has defined those who are able rean people, but genuine democracy other persons in Government. to pay as being those with high in­ was missing. Roving secret agents si- comes. We do not take into account the lenced dissenters. Speech was not free. cost of living in the region where the South Korea was still a police state. RECOGNIZING THE DEDICATED taxpayer lives. South Korea's new President, Kim COMMUNITY ACTIVISTS OF Who would argue, for example, with Young-sam, the first nonmilitary ASPIRA the premise that a taxpayer earning President in 30 years, pledges to end (Mr. MENENDEZ asked and was $45,000 in Dubuque is wealthier than a the dark political night of repression given permission to address the House taxpayer earning $50,000 in Manhattan? under the old order. I believe that he for 1 minute and to revise and extend To address this issue, I have intro­ will, and he deserves our respect. So his remarks.) duced H.R. 1157, a bill to index Federal does the outgoing President for allow- Mr. MENENDEZ. Mr. Speaker, I rise income taxes to the regional cost of ing the Democratic election process to today to recognize the work of a dedi­ living. It is fair and would, for the first proceed, and Kim Dae-jung, unsuccess- cated group of professional educators time, truly base our system of taxation ful candidate and leader of the struggle and counselors going on this very mo­ on the taxpayers' ability to pay. for democracy in that country, for run- ment in my home State of New Jersey. Information regarding this bill has ning a campaign he can be proud of. ASPIRA, Inc. is a nonprofit organiza- been circulated to all of you, and I Please join me in cosponsoring this tion, providing counseling and leader­ would urge your support. resolution to congratulate South Korea ship development programs to Hispanic and Kim Young-sam, himself a great and other minority youth. ASPIRA was leader for democratic change. founded 25 years ago by a group of His- CONCERN OVER HATCH ACT panic leaders and educators recogniz­ AMENDMENTS ing the need to ameliorate the alarm­ (Mr. SMITH of Michigan asked and THE LINE-ITEM VETO COULD END ing dropout rate among Puerto Rican was given permission to address the DEMOCRAT GRIDLOCK youth within the State. Its mission be­ House for 1 minute and to revise and (Mr. BLUTE asked and was given per­ came the strengthening of the Hispanic extend his remarks.) mission to address the House for 1 community's economic base by pro­ Mr. SMITH of Michigan. Mr. Speak­ minute and to revise and extend his re­ moting education among its youth­ er, the purpose of my comments today marks.) thus creating the community's future is to register my concern over passage Mr. BLUTE. Mr. Speaker, yesterday leaders. of the Hatch Act amendments which President Clinton met with the Repub­ ASPIRA's mission of leadership will be before this body today. lican leadership of the Congress to try through education reinforces a value The question before us is whether or to show the American people that he is for education; community awareness, not Government employees and their reaching out in order to gain accept­ and participation; a positive self-iden­ unions should be allowed to be even ance for his economic program. I want tity; the development of leadership more active in electing, if you will, to commend the President for being skills; and parental awareness of edu­ their employers. It is the Members of open to new ideas on deficit reduction. cational programs and policies that af­ Congress who ultimately decide Fed­ I am encouraged to hear that during fect their children. eral employee wages, their fringe bene­ yesterday's meetings the President was ASPIRA's mission is symbolized by fits, their retirement benefits, and in receptive to the idea of making more the pitirre, a small, fragile, tropical general whether Government expands spending cuts to go along with his pro­ bird found on the island of Puerto Rico. or becomes even bigger and more pow­ posed tax increases. It is known for its agility and rapid erful. However, I am distressed to hear that flight and for its ability to outsmart, I would suggest that there is a con­ the President is doubtful that more tire, and defeat much larger birds. The flict of interest between those of the cuts will ever be made because they pitirre represents ASPIRA and is sym­ taxpayers of this .country and the pub­ would be unacceptable to the Congress. bolic of the youth who aspire to ac­ lic-employee organizations and their The President expressed frustration quire knowledge and develop into fu­ unions and their PAC's, their political over a Congress that is unwilling to ture leaders. The Aspirante, like the action committees, that can influence make additional spending cuts. Mr. pitirre, will overcome the seemingly and decide on the philosophy of Mem­ Speaker, it looks to me that gridlock overwhelming odds against them bers of Congress that are going to ulti­ still exists in Washington, but the throughout life. It is through their mately increase taxes and increase gridlock is not between Democrats and struggle that they will gain the skills those benefits. Republicans, the gridlock we see now is necessary to return and struggle for between a Democratic White House the betterment of their communities. I that seems to want to make more cuts know my colleagues in the House join CUT CONGRESSIONAL EXPENSES and a Democrat-controlled Congress, me in saluting ASPIRA. AND SUPPORT LINE-ITEM VETO which does not. (Mr. TORKILDSEN asked and was I sympathize with the President's given permission to address the House 0 1310 frustration, but what I do not under­ for 1 minute.) stand is that if the President is serious INTRODUCTION OF LEGISLATION Mr. TORKILDSEN. Mr. Speaker, dur­ about wanting to do more to make TO INDEX FEDERAL INCOME ing the current budget debate, Presi­ cuts, why does he not come back up to TAXES TO REGIONAL COST OF dent Clinton has asked for suggestions this Hill and ask for the line-item veto LIVING for additional cuts in the Federal budg­ authority that he campaigned on all (Mr. LEVY asked and was given per­ et. I come before the House today to across this country last year. mission to address the House for 1 weigh in with an opportunity to save Mr. Speaker and Mr. President, show minute and to revise and extend his re­ taxpayers money and reduce the need the leadership to come up to Capitol marks.) for higher taxes. This is a cut that I am Hill and seize the line-item veto au­ Mr. LEVY. Mr. Speaker, we have making voluntarily and one I hope my thority. heard a lot from the administration colleagues will join. 3962 CONGRESSIONAL RECORD-HOUSE March 3, 1993 I propose an across-the-board cut of RTC MUST BE ADEQUATELY triotism, I say that patriotism is best congressional expenses of 10-percent. It FUNDED exemplified by seriously studying the is time for Congress to take the lead in (Mr. LAZIO asked and was given per­ issues, not by meekly following the reducing spending. How can we ask mission to address the House for 1 President. When the President is right, Americans to sacrifice if we are unwill­ minute and to revise and extend his re­ we should stand with him. But when ing to take the first step? We were marks.) the President is wrong, it is our duty elected as leaders in our communities Mr. LAZIO. Mr. Speaker, I rise to to stand for what is right. and it is time for us to take action. join the efforts of my freshman Repub­ This 10-percent cut is a simple step lican colleagues to help illustrate the that will go a long way in convincing KEEP BAN ON IMMIGRANTS WITH many opportunities for reducing spend­ AIDS the people that the Congress is serious. ing in the Federal budget. In addition to this cut, there is an­ For my part, I want to advocate a (Mr. STEARNS asked and was given other important step that we can take rather unpopular and controversial permission to address the House for 1 to reduce the budget deficit. We can proposal-to adequately fund the Reso­ minute and to revise and extend his re­ give the President a line-item veto. lution Trust Corporation as soon as marks.) The President has viewed this power possible. Mr. Speaker, I deplore the Mr. STEARNS. Mr. Speaker, yester­ favorably and we should give him this fact that the RTC is not exactly the day in the Energy and Commerce Com­ power to control spending. As Governor best run agency in our Government, mittee, I attempted to offer an amend­ of Arkansas, he used the line-item veto but I also know that each day we delay ment to the NIH bill, which would have effectively, and he should be given this will cost American taxpayers millions kept in place the existing ban on immi­ management tool in Washington. of dollars each and every day. grants entering this country with the Last week I joined Democrats in sup­ Mr. Speaker, the S&L debacle is deadly AIDS virus. But due to a point porting the much needed extension of going to cost the American people of order which was raised, it was never unemployment benefits. Today, I urge about $200 billion, and there are several considered. my colleagues to join together in bi­ reasons for this. Congress, for example, But during debate on this companion partisan support and pass a line-item was lacking in its oversight respon­ bill over in the Senate, a similar veto measure. It is time to get the sibilities, perhaps because it was cap­ amendment was overwhelmingly budget under control and we must lead tured by special interests. But the adopted. Overwhelmingly, by a vote of now, before it is too late. principal reason for the S&L mess was 76 to 23. Mr. Speaker, I am not a public regulatory forbearance, and the prin­ health expert but common sense tells CUTS NECESSARY IN CONGRESS cipal cause today for further running us that this disease is not like any up the taxpayers' cost and exposure is (Ms. DUNN asked and was given per­ other disease. AIDS is a communicable involuntary regulatory forbearance. disease. mission to address the House for 1 In my State of Florida, we already minute and to revise and extend her re­ Put another way, in order to save marks.) money, and thereby reduce the deficit, have one of the highest AIDS popu­ Ms. DUNN. Mr. Speaker, Americans we need to provide the RTC with the lations in the country. Mr. Speaker, are now demanding that we in the Con­ resources it needs to do its job to close our hospitals are already overburdened. gress take serious steps to reduce Fed­ down thrifts that continue to pile up And then, the crucial question is who eral spending. They want specific cuts, huge taxpayer exposure and obligation. is going to pay for their care? If we and they want those cuts before tax in­ Mr. Speaker, this is an easy issue to cannot even pay for treating our own creases. Ross Perot made this point in demagog, but the budget and deficit citizens with AIDS, how can we pay for testimony yesterday, and the Amer­ implications are not in dispute. The immigrants with this deadly disease? ican people are making the point choice is clear. We can pay now in Keep in place the ban on immigrants through phone calls and letters. They order to pay less later, or we can con­ entering this country with AIDS. want specific cuts, not vague general­ tinue to delay and force the taxpayer, our constituents, to pay hundreds of ities. And they want us to start right 0 1320 here in the Congress. millions more in the future. One area where we can make real and INTRODUCTION OF LEGISLATION TO ALLOW PENALTY-FREE WITH­ immediate savings is by cutting our CRITICISM OF THE CLINTON PLAN own congressional bureaucracy. A good DRAWALS FROM IRA AND 401(k) first step in making Government lean­ (Mr. CANADY asked and was given ACCOUNTS er would be to cut back the number of permission to address the House for 1 (Mr. DUNCAN asked and was given our overlapping committees in the minute.) permission to address the House for 1 Congress, and to make substantial re­ Mr. CANADY. Mr. Speaker, Ross minute and to revise and extend his re­ ductions in their funding levels. Mr. Perot has said, " I can't understand the marks.) details of the plan." Perot has suggested deep cuts in com­ The columnist David Broder said, Mr. DUNCAN. Mr. Speaker, I have in­ mittee funding. The freshman class on " President Clinton has a trust deficit." troduced legislation which I believe the Republican side of the aisle has Martin Feldstein, a Harvard econom­ would greatly stimulate our economy called for 25-percent cuts this year, and ics professor, said of the Clinton plan: without appropriating any Government 50 percent over the next 5 years. The projected increases in spending on so­ money. By taking that simple step, we could cial programs would far outweigh the pro­ My bill, H.R. 170, would allow for 1 cut more than $13 million from our posed changes that would reduce spending or year, unlimited penalty-free withdraw­ budget this year alone. More impor­ raise revenue, leaving the Nation with a als from IRA and 401(k) accounts. tantly, we would take a big step to­ wider deficit four years from now. Further, this bill would allow 10 per­ ward proving to the people that we are Are these people Republican par­ cent of these withdrawals to be done on willing to cut here first, before we tisans? No. Are they obstructionists? a tax-free basis, giving people great in­ move on to eliminate unnecessary No. centive to participate. committees, freeze overhead costs at Do they have significant problems There is presently more than $550 bil­ the civilian agencies, sell off Govern­ with the Clinton plan for economic re­ lion in these accounts. If 10 percent ment assets, and take the other steps covery? was pulled out and spent now, it would that could save us hundreds of billions Yes, they do, and for good reason. be a $55 billion boost to our economy. of dollars. This plan needs to be seriously modi­ This is not Government money. This Mr. Speaker, before we even whisper fied for it to be acceptable. is the people's own money. the word " taxes," we must cut here in And to those who would equate fair If some of it is pulled out now, it will Congress. criticism of this plan with a lack of pa- cost the Government some tax reve- March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3963 nues in the future. But this hit would order, will simply derail true debate. In I rise today t0 suggest that there is be spread over several years, and years short, it means the majority of Mem­ an easy way to test if the spending sin­ which hopefully will be better than bers of this House, "Sit down, shut up, ners of the U.S. Congress have truly now if we can get our fiscal house in your ideas do not count, we do not been converted, or if once again, we are order. want your amendments, we do not merely speaking in tongues. We all want people spending money want your changes, we do not want That test is called the line-item veto. on cars and homes and to invest in your modifications." Quite simply, if we are serious about small businesses now, and conditions We have 1 hour to debate a bill, a reducing our deficit, I believe we must could be placed in this bill to require piece of law that is over 50 years old. I give the President the authority to certain types of worthwhile immediate say it is time to end voicelock along eliminate waste and unnecessary spending. with gridlock, open up the process, spending, and we must give him this This is one way to stimulate our allow Members of the House to modify authority as soon as possible. economy without increasing the deficit and amend bills, so that we can have Today I am introducing a resolution or raising taxes. honest and free debate in this sacred to call for modified line-item veto leg­ body. islation to be passed by July 30. We have all heard a lot of preaching PROPOSED COST-SAVINGS about this issue in this body and during PROPOSAL NO MORE HOT AIR, SHOW ME the past election season- but now it is (Mr. HUFFINGTON asked and was WHERE time to stop talking and to begin·tak­ given permission to address the House (Mr. DREIER asked and was given ing action. for 1 minute and to revise and extend permission to address the House for 1 I urge my colleagues to join in sup­ his remarks.) minute and to revise and extend his re­ porting this resolution-a resolution Mr. HUFFINGTON, Mr. Speaker, 40 marks.) that is our opportunity to prove that years ago with Americans shivering Mr. DREIER. Mr. Speaker, "No more our budget restraint conversion is not under the earliest chills of the cold hot air, show me where," is what Presi­ temporary, but that we have become war, Congress authorized support pay­ dent Clinton has said. A number of us true believers. ments on wool. are falling in line behind our friend, Wool, it was argued, was a strategic the gentleman from Florida [Mr. material. Dependence on un-American Goss], by being specific in making THE HUMAN RIGHTS SITUATION IN wool was, well un-American. It would some proposed spending cuts. My of­ BURMA weaken our defense and leave us un­ fice, like a lot of other offices, has been (Mr. ROHRABACHER asked and was fairly exposed to the naked aggression working on this. given permission to address the House of the international marketplace. They found that: for 1 minute and to revise and extend This could be quaint, even amusing, The USDA Export Enhancement Pro­ his remarks.) if it weren't for one thing: The subsidy gram provides direct taxpayer sub­ Mr. ROHRABACHER. Mr. Speaker, never stopped. In 1991, our subsidies ar­ sidies for the export of agricultural the rainy season is over in Southeast tificially tripled the price of each products to countries like China and Asia, and again we expect that the pound of wool. The Congressional the republics of the former Soviet world will be treated to the spectacle Budget Office reports that the elimi­ Union. Eliminating this trade subsidy of the sight of troops of one of the most nation of this subsidy alone would save would save $3.15 billion. vicious dictatorships on the planet at­ more than three-quarters of a billion The Bush administration requested tacking the last remnants of the de­ dollars over the next 5 years. cancellation of the advanced solid mocracy movement in Burma. This We artificially raise the price of wool rocket motor, and NASA's aerospace country, Burma, has been under the while American families cannot clothe safety advisory panel points out that heel of a vicious dictatorship; 45 mil­ their children. We spend precious tax the redesigned shuttle rocket motor is lion brave people live under this tyr­ dollars only to price ourselves out of working well. Canceling this unneces­ anny, one of the world's worst human the world market. sary program will save $1.65 billion. abusers. It is not the sheep that are being If the United Kingdom, Germany, Aung San Suu Kyi, last year's Nobel shorn by this absurdity, Mr. Speaker. Italy, and South Korea assumed 75 per­ Prize winner, still languishes under It is the American taxpayer. cent of the cost of stationing American guard. People are arrested for daring to The President asked for specific troops on their soil-the same percent­ speak out against the military regime. spending cuts. I propose elimination of age that Japan currently contributes­ The gangsters associated with the mili­ the wool and mohair subsidy. we would save $9.6 billion. tary regime plunder the country. The American troops are stationed in brave students who fought against the South Korea for 1 year, and are not ac­ military in the struggle for democracy GRIDLOCK, VOICELOCK companied by their family. In Western now are huddled with ethnic groups in (Mr. KINGSTON asked and was given Europe they serve 3-year tours and jungle camps. permission to address the House for 1 bring their families. Placing most Eu­ Mr. Speaker, these brave people are minute and to revise and extend hi.s re­ ropean tours on a 1-year unaccom­ not forgotten. The cause of democracy marks.) panied schedule would save $1.8 billion. in Southeast Asia will not be forgot­ Mr. KINGSTON. Mr. Speaker, you That is not hot air, Mr. Speaker; we ten. That is our word to the people ev­ know, we hear so much about gridlock are being specific. erywhere who are struggling for free­ in Washington, but we do not ever talk dom, those people in Burma especially. about voicelock. Yet today, in what And, Mr. Speaker, to the gangsters should be the sacred hall of great de­ MODIFIED LINE-ITEM VETO who strangle freedom in Burma: They bate and expression in the House, we (Mr. GUTIERREZ asked and was will be held accountable. will again stifle free speech and debate given permission to address the House through an oppressive rule that will for 1 minute and to revise and extend limit debate and all discussion on one his remarks.) INFAMOUS CLOSED RULE of the most important pieces of legisla­ Mr. GUTIERREZ. Mr. Speaker, ev­ (Mr. DIAZ-BALART asked and was tion that we have addressed in this new eryone who has listened to the rhetoric given permission to address the House session. That, of course, is the Hatch on this floor in the past few weeks for 1 minute and to revise and extend Act. knows that the members of the U.S. his remarks.) The rule, which is called 1-hour modi­ Congr ess are recent converts to the re­ Mr. DIAZ-BALART. Mr. Speaker, I fied closed rule waiving all points of ligion of budget restraint. am not sure that the American people 3964 CONGRESSIONAL RECORD-HOUSE March 3, 1993 realize what this closed rule business tee shall rise and report the bill to the House vidual to vote or not to vote, to give or in the House of Representatives is all with such amendments as may have been withhold a contribution, or to engage about. The concept of the Committee adopted. The previous question shall be con­ or not engage in any political activity. sidered as ordered on the bill and amend­ on Rules as setting the agenda for floor ments thereto to final passage without inter­ Mr. Speaker, H.R. 20 will allow Fed­ discussion, for discussion here, is that vening motion except one motion to recom­ eral employees for the first time in there is a committee that, before legis­ mit. over 50 years to participate in political lation comes here-and that is the con­ The SPEAKER pro tempore (Mr. activity and House Resolution 106 is a cept-decides what is going to be dis­ MONTGOMERY). The gentleman from fair rule that will expedite consider­ cussed. South Carolina [Mr. DERRICK] is recog­ ation of this important legislation. I What has happened is that they put nized for 1 hour. urge my colleagues to support the rule something called the closed rule on Mr. DERRICK. Mr. Speaker, for pur­ and the bill. every bit of legislation that is going to poses of debate only, I yield the cus­ Mr. Speaker, I reserve the balance of come before this House. You know tomary 30 minutes to the gentleman my time. what the closed rule means? My col­ from New York [Mr. SOLOMON], pending Mr. SOLOMON. Mr. Speaker, I yield league from Georgia mentioned it a few which I yield myself such time as I myself such time as I may consume. minutes ago. It means no discussion, may consume. During consideration of Mr. Speaker, I think it is time that no amendments, nobody here, nobody this resolution, all time yielded is for we sounded a clarion call to the Amer­ here even when this is full, can present the purposes of debate only. ican people-a wake-up call as to what an amendment to represent their con­ Mr. Speaker, House Resolution 106 is happening to their Government down stituents because of that thing called provides for consideration of H.R. 20, here in Washington since they voted the closed rule. the Federal Employees Political Ac­ for a new Congress and President just 4 That is profoundly undemocratic, Mr. tivities Act. The rule provides for 1 short months ago this week. Speaker. The American people have hour of general debate time equally di­ The American people thought they got to find out about it, they have got vided and controlled by the chairman voted for change. They thought they to put the pressures on the leadership and ranking minority member of the voted to take back their Government. of this institution to undo and do away Post Office and Civil Service Commit­ They thought they voted to restore de­ once and for all with that most un­ tee. mocracy and put the people back in democratic principle, most undemo­ The rule waives all points of order control of the people's House. cratic practice called and known as the against the bill and its consideration Well, I have sad news to announce to infamous closed rule. and makes in order only those amend­ the American people today. If you want ments printed in the report to accom­ to know what the score here is in the pany the rule. These amendments are people's House, let me put it in the D 1330 to be considered in the order and man­ simplest terms I can. Here is today's FEDERAL EMPLOYEES POLITICAL ner specified in the report and by the democracy box score: The people, zero; ACTIVITIES ACT OF 1993 named proponent. The amendments tyranny, five. shall be debatable for the time speci­ Yes, you heard me right. The people Mr. DERRICK. Mr. Speaker, by direc­ are down five to zero in their own tion of the Committee on Rules, I call fied in the report, equally divided and controlled by the proponent arid an op­ House. That's a shutout in any game up House Resolution 106 and ask for its you play. Only we are not supposed to immediate consideration. ponent. The amendments are not sub­ ject to amendment and are not subject be playing games here. We are supposed The Clerk read the resolution, as fol­ to be legislating for the people and the lows: to a demand for a division of the ques­ tion. Finally, the rule provides onemo­ good of the Nation. H. RES. 106 tion to recommit which may contain Nevertheless, the people are being Resolved, That at any time after the adop­ instructions. shut out in their own House for the tion of this resolution the Speaker may, pur­ Mr. Speaker, H.R. 20 would restore to fifth straight time in this Congress. suant to clause l(b) of rule :xxm, declare the House resolved into the Committee of the Federal civilian employees their right This is the fifth restrictive rule out of Whole House on the State of the Union for to participate voluntarily, as private five rules granted in which amend­ consideration of the bill (H.R. 20) to amend citizens, in the political processes of ments have been severely limited if not title 5, United States Code, to restore to Fed­ the Nation. The bill provides that Fed­ denied altogether. eral civilian employees their right to partici­ eral employees, acting as private citi­ Prior to this Hatch Act bill the Rules pate voluntarily, as private citizens, in the zens, may engage in any legal political Committee granted restrictive rules on political processes of the Nation, to protect activity off the job. They may run for the family and medical leave bill, on such employees from improper political so­ which only three amendments were al­ licitations, and for other purposes. The first partisan political office without taking reading of the bill shall be dispensed with. leave, as long as the campaigning does lowed; the motor-voter bill, on which All points of order against the bill and not interfere with the performance of just one amendment was allowed; the against its consideration are waived. General their duties. family planning bill, on which just one debate shall be confined to the bill and shall The bill permits employees to re­ amendment was allowed; and the un­ not exceed one hour equally divided and con­ quest leave without pay or annual employment compensation bill on trolled by the chairman and ranking minor­ leave to run for political office and pro­ which no amendments were allowed. ity member of the Committee on Post Office vides that such requests be granted un­ And now today, on this Federal Em­ and Civil Service. After general debate the less the agency management deter­ ployees Political Activities Act, we bill shall be considered for amendment under mines that the demand of public busi­ have made in order just three amend­ the 5-minute rule and shall be considered as read. No amendment shall be in order except ness requires that leave be denied. The ments, even though a total of nine those printed in the report of the Committee legislation also permits Federal em­ amendments were submitted to the on Rules accompanying this resolution. Each ployees to manage political campaigns Rules Committee. amendment may be offered only in the order and to raise campaign money during Not only did the Rules Committee printed and by the named proponent, shall be off-duty hours. deny Representative WOLF of Virginia considered as read, shall be debatable for the Finally, the bill would also protect an opportunity to offer all four of the time specified in the report equally divided Federal civilian employees from im..: amendments he had submitted, it also and controlled by the proponent and an op­ proper political solicitations and con­ ponent, shall not be subject to amendment denied one of its own majority Demo­ except as specified in the report, and shall tains prohibitions against coercion. crats, Mr. FOGLIETTA of Pennsylvania, not be subject to a demand for division of the The bill specifies that Federal employ­ his amendment. question in the House or in the Committee of ees cannot use official authority or in­ Mr. Speaker, in the Rules Committee ti:e Whole. At the conclusion of consider­ fluence to interfere with the result of yesterday, we offered an open rule, and ation of the bill for amendment the Commit- an election or to intimidate any indi- all but one Democrat voted against March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3965 that motion. That same Democrat, Mr. If you want to talk about term lim­ House on the state of the Union for the con­ BEILENSON, voted with us to make the its, you are well on your way to self­ sideration of the bill (H.R. 20) to amend title four Wolf amendments in order. imposing one on yourself, whether you 5, United States Code, to restore to Federal The Foglietta amendment went down civilian employees their right to participate like it or not. The people are sick and voluntarily, as private citizens, in the politi­ on a party-line vote-sandbagged by tired of this political gamesmanship. cal processes of the Nation, to protect such his own fellow Democrats. Following They want back into their own House employees from improper political solicita­ my remarks I will include a summary and they want it open and democratic, tions, and for other purposes, and the first of each of the amendments denied and not closed and dictatorial. reading of the bill shall be dispensed with. the rollcall vote on those amendments, Mr. Speaker, I have not spoken to After general debate which shall be confined as well as the text of our open rule and the merits of the bill this rule makes to the bill and which shall not exceed 1 hour the rollcall vote on it. in order because I happen to favor this to be equally divided and controlled by the Mr. Speaker, why are the people the bill. But that is not what is at issue chairman and ranking minority member of real losers in this? The reason is very here. If it is a good bill, as I think it is, the Committee on Post Office and Civil Serv­ simple. ice, the bill shall be considered for amend­ it should be able to withstand the scru­ ment under the 5-minute rule. At the conclu­ Every time we deny an open amend­ tiny and debate that comes through an ment process on an important piece of sion of the consideration of the bill for open amendment process. amendment the Committee shall rise andre­ legislation, we are disenfranchising the I suggested one amendment in the port the bill to the House with such amend­ people and their Representatives from Rules Committee which I think would ments as may have been adopted, and the the legislative process. previous question shall be considered as or­ The people and their Representatives further improve the legislation as far as State employees who receive Fed­ dered on the bill and amendments thereto to are not even being treated as second­ final passage without intervening motion ex­ class citizens; they might as well not eral funds. It would have allowed them cept one motion to recommit." . to run for any office. But that was de­ be citizens at all given how little im­ Explanation: This amendment to the pro­ pact they have on shaping legislation nied. posed rule (H. Res. 106) provides for a 1-hour, in the House. Finally, Mr. Speaker, to add insult to open rule for the consideration of H.R. 20, If that is not undemocratic, I would outrage, the Rules Committee recon­ the " Federal Employees Political Activities like to know what is. The opposite of vened late yesterday afternoon to fur­ Act of 1993.'' democracy is tyranny-and that is pre­ ther amend this rule by waiving all cisely what is at work in this House of points of order against the bill and AMENDMENTS TO THE RULE ON H.R. 20---FED­ Representatives today. against its consideration. ERAL EMPLOYEES POLITICAL ACTIVITIES ACT Is the word tyranny too strong for It seems the bill creates a new enti­ tlement program and thereby violates 1. Open rule-An amendment in the nature some of my colleagues? Do you think it of a substitute for a 1-hour, open rule. Vote cannot happen here? Well, you need at least three provisions of the Con­ (defeated 4-6); Yeas-Beilenson, Solomon, look no farther than "Jefferson's Man­ gressional Budget Act. We have no let­ Quillen, Dreier; Nays-Moakley, Bonior, ual" or the Federalist Papers to know ter from the Budget Committee chair­ Hall, Wheat, Gordon, Slaughter. that one of the things the Founders man supporting or opposing these 2. Wolf (C )-Strike provisions in the bill most feared was a tyranny of the ma­ waivers. which allows for exemptions. Vote (defeated jority. But that did not stop the Rules Com­ 4-6); Yeas-Beilenson, Solomon, Quillen, Jefferson observed that nothing tend­ mittee from throwing the Budget Act Dreier; Nays-Moakley, Bonior, Hall, Wheat, ed more to throw power into the hands out the window. Slaughter. of administration and those who acted Mr. Speaker, let me say in conclusion 3. Wolf (D)-Give broad protection to fed­ with the majority " than a neglect of or that we will once again give a majority eral employees. One employee could not so­ departure from, the rules of proceed­ of this House an opportunity to strike licit another to participate in campaign ac­ ing," which were designed as a " shelter a blow for democracy and openness by tivities. Vote (defeated 4-5); Yeas-Beilen­ and protection to the minority against voting down the previous question so son, Solomon, Quillen, Nays- Moakley, the attempts of power." that we can offer an open rule. Bonior, Hall, Wheat, Slaughter. A·nd Jefferson went on to warn that Let us start to turn that democracy 4. Wolf (A)-Retain Hatch Act for law en­ these rules of proceeding are the only box score around and put the people forcement, intelligence and senior executive weapons the minority has to defend it­ service personnel. Vote (defeated 4-5); Yeas­ back in the winning column. Vote " no" Beilenson, Solomon, Quillen, Dreier; Nays­ self against on the previous question so that you Moakley, Bonior, Hall, Wheat, Slaughter. Those irregularities and abuses which can vote " yes" for freedom and democ­ 5. Wolf (B)-Retain Hatch Act for Federal these forms were intended to check, and racy in this, the people's House. which the wantonness of power is but too Election Commission, Merit Systems Protec­ often apt to suggest to large and successful H. RES. 106 tion Board and Office of Special Counsel. majorities. (Providing for the Consideration of H.R. 20, Vote (defeated 4-5); Yeas-Beilenson, Solo­ the Federal Employees Political Activities mon, Quillen, Dreier; Nays- Moakley, In other words, Mr. Speaker, the far­ Bonior, Hall, Wheat, Slaughter. ther you and your leadership stray Act.) AN AMENDMENT IN THE NATURE OF A SUB­ 6. Foglietta-Retain Hatch Act for law en­ from the regular order around here, the STITUTE OFFERED BY MR. SOLOMON PROVID­ forcement personnel. Vote (defeated 4-6); more you are instituting a new order ING FOR AN OPEN RULE Yeas- Beilenson, Solomon, Quillen, Dreier; which is not democracy by any defini­ Strike all after the revolving clause and Nays-Moakley, Bonior, Hall, Wheat, tion. insert in lieu thereof the following: Slaughter. It is a new oligarchy and tyranny " That at any time after the adoption of 7. Adoption of restrictive rule. Vote which will some day cause the people this resolution the Speaker may, pursuant to (passed 7- 3); Yeas- Moakley, Derrick, to topple this House if we don't bring it clause 1(b) of rule XXIII, declare the House Bonior, Hall, Wheat, Slaughter, Quillen; down on ourselves first. resolved into the Committee of the Whole Nays- Solomon, Dreier, Goss. OPEN VERSUS RESTRICTIVE RULES, 95TH- 103D CONG.

Open rules Restrictive rules Congress (years) Total rules granted 1 Number Percent 2 Number Percent

95th (1977 - 78) ...... 211 179 85 32 15 96th (1979--80) " ...... 214 161 75 53 25 97th (1981-82) ...... 120 90 75 30 25 98th (1983-84) ...... !55 LOS 68 50 32 99th (1985-86) ...... " ...... """""""""""""""""""' ll5 65 57 50 43 !OOth (1987-88) ...... 123 66 54 57 46 JO ist (1989- 90) ...... 104 47 45 57 55 l02d (1991- 92) ...... 109 37 34 72 66 3966 CONGRESSIONAL RECORD-HOUSE March 3, 1993 OPEN VERSUS RESTRICTIVE RULES, 95TH-103D CONG.--Continued

Open rules Restrictive rules Total rules Congress (years) granted 1 Number Percent 2 Number Percent

103d (1993-94) ...... 100

1 Total rules counted are all order of business resolutions reported from the Rules Committee which provide for the initial consideration of legislation, except rules on appropriations bills which only waive points of order. Original juris­ diction measures reported as privileged are also not counted . 2 Open rules are those which permit any Member to offer any germane amendment to a measure so long as it is otherwise in compliance with the rules of the House . The parenthetical percentages are open rules as a pertent of total rules granted. . Restrictive rules are those which limit the number of amendments which can be offered , and include so-called modified open and modified closed rules, as well as completely closed rule , and rules providing for consideration in the House as opposed to the Committee of the Whole. The parenthetical percentages are restrictive rules as a percent of total rules granted. Sources: "Rules Committee Calendars & Surveys of Activities," 95th-l02d Gong.; "Notices of Action Taken, " Committee on Rules, 103d Gong., through Mar. 2, 1993.

OPEN VERSUS RESTRICTIVE RULES-103d CONG.

Rule number, date reported Rule type Bill number and subject Amendments submitted Amendments allowed Disposition of rule and date

H. Res. 58 212193 MC H.R. 1: Family and medical leave 30 (0-5; R- 25) 3 (0-0; R-3) ...... PO: 246-176 , A: 259-164 (213/93). H. Res. 59 213193 MC H.R . 2: Motor voter ...... 9 (0-1; R-8) ...... I (0- 0; R- 1) ...... PO: 248-l7l, A: 249-170 (214/93). H. Res. 81 2116/93 ...... MC H.R. 6: Family planning ...... 8 (D-0; R-8) ...... 1 (0-0; R-1) ...... H. Res . 103 2123/93 ...... C H.R . 920 : Unemployment compensation 7 (0-2; R-5) ...... 0 ...... PO: 243-172, A: 237-178 (2124/93) . H. Res. 106 3/2193 ...... MC H.R. 20: Hatch Act amendments . 9 (0-1; R-8) ...... 3 (D-0; R-3) ...... Note.-C-closed; MC-modified closed ; Mo.:-modified open; 0--open; D--Oemocrat; R-Republican; PO: Previous question; A-adopted ; R-rejected .

0 1340 have before us today, by a vote of 305 yield time to him, but not for the pur­ Mr. Speaker, I reserve the balance of to 112. And I would also like to remind pose of making a speech. If the gen­ my time. our previous speaker that he withdrew tleman wants to do that, let me say ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the amendment that he mentioned that I have other Members on this side The SPEAKER pro tempore (Mr. which was not made in order. Quite who want to participate in the discus­ MONTGOMERY). The Chair wishes to re­ frankly, there is a strong possibility we sion, and I would suggest the gen­ mind Members that they cannot ad­ would have made it in order had he not tleman use his own time. dress Members back in their offices. withdrawn it. But that is a part of the 0 1350 They have to address the Speaker. scenario he did not recount for us. Mr. SOLOMON. Mr. Speaker, will my Mr. SOLOMON. Mr. Speaker, I was Mr. SOLOMON. Mr. Speaker, may I just going to ask the gentleman hon­ ask, was the Chair addressing me? good friend, the gentleman from South Carolina, yield? estly, and I am not trying to embarrass The SPEAKER pro tempore. It is a him-- parliamentary point. The gentleman Mr. DERRICK. I am delighted to yield to the gentleman from New York. Mr. DERRICK. Mr. Speaker, I am not knows the rules. He cannot address embarrassed at all. Members back in their offices. He Mr. SOLOMON. The gentleman is a Mr. SOLOMON. Mr. Speaker, I would should address the Speaker. true Southern gentleman, and I knew ask the gentleman why were these Mr. SOLOMON. I thank the Speaker he would. amendments not made in order? We for reminding me. I know that, and I I would just say this to the gen­ were not given reasons up in the Com­ thought I did. If I did not, I will pay tleman: We are in session this week, as mittee on Rules, and they are germane more attention in the future. we were last week, as we were last to the issue. They deserve to be de­ Mr. DERRICK. Mr. Speaker, I yield week and the week before and the week bated on the floor. myself such time as I may consume, before that. This week the only legisla­ Mr. DERRICK. Mr. Speaker, would and Mr. Speaker, I am addressing these tion we have before us is this so-called the gentleman allow me to answer the remarks to the Chair. repeal of the Hatch Act. question he just asked? The SPEAKER pro tempore. I will Mr. DERRICK. And it is a very im­ Mr. SOLOMON. Mr. Speaker, I did accept them. portant piece of legislation that has not get to the end of the question. The Mr. DERRICK. I want the Chair to disenfranchised millions of Americans. question is, we do not have anything to know why we do not propose an open Mr. SOLOMON. Yes. And that is why do for the rest of the afternoon. It is 2 rule. The House last week rejected H.R. I am one of the cosponsors of that leg­ o'clock. We are going to finish this up 20 during consideration under Suspen­ islation. around 4 o'clock. We do not have any­ sion of the Rules. This bill in its Mr. DERRICK. And I would point out thing to do tomorrow, Thursday. We present form received 275 votes last that I, too, support the legislation. have nothing to do Friday. There are week. Mr. SOLOMON. Mr. Speaker, I would no rules pending and no business sched­ The rule before us today makes in point out to the gentleman that there uled for this floor. order three Republican amendments to is a divergence of opinion here on both Why could we not just make these address concerns of the Members. The sides of the aisle, among Democrats four amendments in order and have le­ rule provides for 1 hour of general de­ and Republicans alike, who do not gitimate debate? bate, and each of the three amend­ want to see the bill watered down to Mr. DERRICK. Mr. Speaker, reclaim­ ments, if offered, is debatable for 30 the extent it is. I do not agree with ing my time, I do not want to be impo­ minutes, thus allowing ample time for that. The gentleman from Virginia lite, but I yielded the gentleman time discussion. [Mr. WOLF], who has been very, very as a courtesy, not for him to make a There is no need to go through a long active on this issue for as long as I can long harangue against the Democratic and cumbersome amendment process remember, had four totally germane leadership. for a bill that obviously has enormous amendments which he wished to offer. Mr. Speaker, the gentleman from bipartisan support. In the 101st Con­ They could be debated for a 1/2-hour New York [Mr. SOLOMON] may not have gress the House passed a nearly iden­ each for a total of 2 hours. But they anything to do, but I have something tical bill by a vote of 334 to 87 and then were denied, and they were germane to do and most other Members of this went on to override the President's amendments. They were amendments body have something to do. veto by a vote of 327 to 93. The Senate which retain the Hatch Act for law en­ Mr. Speaker, let me get back to the veto override was 65 to 35, an over­ forcement, intelligence, and senior ex­ original question as to why this rule whelming margin, but short of two­ ecutive service personnel. was structured in this manner. The thirds. Mr. DERRICK. Mr. Speaker, let me reason is because almost identical bills In the 100th Congress, the House say to the gentleman from New York have passed the House by a nearly or passed basically the same bill that we [Mr. SOLOMON] that I am delighted to more than two-thirds majority on March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3967 three different occasions, which indi­ there are nine Democrats and votes are In my opm10n, this bill corrects a cates that a majority of the House, never held when the majority is not as­ wrong, but there could possibly be bet­ about two-thirds, a bipartisan major­ sured of victory. I know we in the mi­ ter protection in it to control abuse ity, a large majority, support it. nority serve well as watchdogs and do and coercion. That is why I support an There were three amendments made provide for serious debate on the is­ open rule-because there were amend­ in order. As I said, quite frankly, if the sues. But when our meetings end, the ment.s proposed to deal with the poten­ gentleman from New York [Mr. SOLO­ predetermined agenda set by the ma­ tial for abuse under this legislation and MON] had not withdrawn his amend­ jority leadership always prevails. Peo­ all Members of this House should have ment, there probably would have been ple in our Nation need to know this a chance to consider those issues in full four in order. and indeed, to his credit, the Speaker and open debate. We could only come Mr. Speaker, I reserve the balance of has publicly confirmed that the Ru1es out ahead if we let the democratic my time. Committee is the tame captive of the process work fairly. I urge a "no" vote Mr. Speaker, I yield 4 minutes to the majority whose function is to ensure on this restrictive rule. distinguished gentleman from Ohio the majority's agenda. So let us not Mr. DERRICK. Mr. Speaker, for pur­ [Mr. TRAFICANT]. pretend-this is not a bipartisan rule poses of debate only, I yield 2 minutes Mr. TRAFICANT. Mr. Speaker, today and neither have been any of the other to the distinguished gentleman from is the first day of the session that re­ closed rules we have worked under this Montana [Mr. WILLIAMS]. minds me of the last 4. We degenerate session. Today we have a rule that is Mr. WILLIAMS. Mr. Speaker, I thank a little bit and start talking about ro­ primarily closed, even though we actu­ the gentleman for yielding. dents. It brings back old times. ally will get to discuss three minor Mr. Speaker, the debate here seems I support, first of all, the rule, and I amendments. But there were seven not to center on the merits of this leg­ support the bill. And I support and other amendments offered, from both islation, which has overwhelming sup­ commend the efforts of our chairman, sides of the aisle, that we will not be port in this Chamber as was dem­ the gentleman from Missouri [Mr. allowed to consider on this floor onstrated just a few hours ago; rather, CLAY], who has been persistent. today-a couple of them of potentially the debate seems to be stemmed The truth is today Federal employees great significance. Why? Is our sched­ around whether or not we have a lot of are treated like second-class citizens. ule so crowded in the House that time time on our hands, whether or not this Federal workers are constantly being will simply not allow full and open de­ process is being slam-dunked against beat up by politicians whenever it suits bate on this issue? No, in fact this bill the will of the minority. their fancy. In fact, their pay is always is the only major new legislative busi­ Mr. Speaker, I will have more to say criticized, their benefits are constantly ness being considered this week. Were about this in general debate, but I being threatened, and their politics and those seven amendments obstruction­ want to point out to Members that this partisanship is constantly a threat to ist, peripheral or designed to gut this bill will be 20 years old next year. This politicians, which many fear. bill? No, in fact they went to the heart issue has received dozens of hearings I think today it is time to face the of a matter many people are concerned for 20 years. This is not the first time, facts: Federal workers have been about-ensuring that we prevent abuse as Members on both sides of the aisle threatened in America unconstitution­ and do not encourage misuse of official know, that this issue has come before power or position under this bill. ally. Today it is time to hatch the Con­ During our discussion, the distin­ this body and been passed by this stitution and to hatch some rights in guished chairman of the Committee on House. the Constitution for American citizens Post Office and Civil Service was asked A slam-dunk? Hardly. After 20 years, who happen to be Federal workers. the central question-why oppose an some kind of a violation of the rights Now, let me say this: If a Federal open rule? The answer came back that of people to be heard? Hardly. worker has to be subject to the rules, an open rule would not be appropriate The violation that is going· on in this regulations, and laws of the politicians, because the chairman of the Post Of­ country is the violation of the rights of then a Federal worker should have the fice Committee felt that the Congress Federal workers. We are herein after 20 right to support the candidates of their should not consider the substance of years of debate and discussion trying choice without breaking the law, pe­ some of the amendments being offered. to resolve that matter on behalf of riod. Mr. Speaker, all Americans should Federal workers. Mr. Speaker, this is a good bill. I will have equal representation on this floor Mr. Speaker, what I think we are get­ not get into this rodentia locutare dis­ in considering important matters. For ting from the other side under the cussion, but I appreciate the time, and chairmen of committees to favor closed guise, of somehow, they are claiming yield back the balance of my time. rules to shut out amendments they dis­ running rampant over their rights, The SPEAKER pro tempore (Mr. agree with is to close off the rights of what we are getting is delay, obfusca­ MONTGOMERY). The Chair would notify Members and their constituents to de­ tion, disagreement, slowdown, drag the handlers of this resolution that the cide for themselves on the merits of your feet, just another few years. The gentleman from New York [Mr. SOLO­ any particular amendment. American people have come to know it MON] has 20 minutes remaining and the Even some of the majority members as gridlock, and they would like it to gentleman from South Carolina [Mr. of the Rules Committee are becoming end. DERRICK] has 19 minutes remaining. uncomfortable with the role they are Mr. SOLOMON: Mr. Speaker, I yield Mr. SOLOMON. Mr. Speaker, I yield 3 being asked to play in this strong-arm­ myself such time as I may consume. minutes to the gentleman from Florida ing process. The majority leadership Mr. Speaker, how could there be [Mr. Goss], a very distinguished mem­ should remember that Americans have gridlock when the Democrats have an ber of the Committee on Rules, a new given this institution failing marks 82-vote majority? Where is the member that we welcomed aboard this and they are tired of the arrogance of gridlock? year. power that pervades the leadership cir­ Mr. Speaker, I yield 2112 minutes to Mr. GOSS. Mr. Speaker, I thank the cles of this institution. the distinguished gentleman from gentleman for yielding this time to me. That being said, let me conclude by Pennsylvania [Mr. WALKER]. Mr. Speaker, this gentleman cannot saying that I support H.R. 20. Having Mr. WALKER. Mr. Speaker, I thank display as much anguish as the ranking once been a Federal employee who was the gentleman for yielding time to me. member. As a minority member of the "Hatched" under existing law, I felt We were told, Mr. Speaker, that this Rules Committee, I wonder what posi­ that my right to participate fully in is a fair rule, and that has since been tive contribution the four Republicans the political process was being in­ elaborated upon by the gentleman from on that panel are really able to pro­ fringed. I felt unfairly disenfranchised South Carolina and others, that it is a vide. I am not yet ready to declare my­ as I know do many Federal employees fair rule because we do not have time self just a potted palm, but the fact is today. to legislate in this body. We have other 3968 CONGRESSIONAL RECORD-HOUSE March 3, 1993 more important things to do. There are Mr. DERRICK. Mr. Speaker, the sce­ It permits an amendment that would other things that Members have to be nario about the IRS agent that affects prohibit employees of the Federal Elec­ doing other than being on the floor leg­ middle-class America, who arrives the tion Commission from engaging in par­ islating. So it is entirely fair to come night before, that can happen now and tisan political activity. The rule per­ to the floor with closed rules on a con­ certainly it could happen under this mits an amendment to provide that, sistent basis. bill. But they are going to be put in jail while Federal and postal employees I want my colleagues to take a look on both occasions. may run for local elective public office, at this. I came to Congress in the 95th Mr. Speaker, for the purpose of de­ they will be precluded from running for Congress. At that time over 80 percent bate only, I yield 5 minutes to the gen­ statewide or Federal public office. of the rules that we got from the House tleman from Missouri [Mr. CLAY]. Finally, the rule permits an amend­ floor were open rules, and we did our Mr. CLAY. Mr. Speaker, I thank the ment that substantially limits . the business pretty well. We had good leg­ gentleman for yielding time to me and ability of Federal employees to solicit islation that managed to move for­ hope, as I rise in support of this rule, campaign contributions. Under this ward. Mr. Speaker, that I do not resort to amendment, a Federal employee may Since that time, open rules have de­ hysteria. only solicit, accept, or receive a cam­ teriorated to the point that they are The gentleman just explained that paign contribution if three conditions down to about 20 percent. And in the the example of the IRS agent is a viola­ are met. First, the employee must be a meantime, closed rules, that used to be tUm of law now, if he did it, and would member of a Federal employee or labor a minor portion, have gone clear up be a violation of law under this bill. organization. Second, the employee and now are on a trend line almost up And there is no evidence whatsoever, may only solicit, accept, or receive a like a rocketship. This is not just a matter of this par­ Mr. Speaker, that the bill that was de­ campaign contribution from a fellow ticular closed rule. It is closed rule feated last week by 3 votes, 275 to 142, member of that organization. Finally, after closed rule. 275 voting for the bill on a suspension, the employee may only solicit, accept, Why should the middle class of Amer­ there is no evidence that the primary or receive a contribution on behalf of ica be concerned about us debating reason for the defeat of that bill was to the multicandidate political commit­ about the rules, some rule out here? permit the gentleman from Virginia tee of that organization. This amend­ The middle class ought to be concerned [Mr. WOLF] to offer any amendment ment prohibits a Federal employee because let me tell my colleagues the whatsoever. from soliciting, accepting, or receiving kind of amendments that will not come My thinking about offering amend­ any campaign contributions from any to the floor. ments, Mr. Speaker, is that we offer subordinate employee. And the amend­ Under this bill, that we are not al­ amendments in an effort to improve ment prohibits all Federal employees lowed to amend, an IRS agent can show the legislation. And if we are permitted from soliciting, accepting, or receiving up at a middle-class person's home the to offer all of our amendments and all campaign contributions from any night before they are to be audited, of our amendments pass, that means member of the general public. suggesting "You ought to contribute that we have now an ideal piece of leg­ A few Members have expressed con­ $500" to their favorite candidate and, islation and we would support it. cern that by somehow lifting the re­ "Oh, by the way, if you don't make Well, I understand that at the Com­ strictions the Hatch Act places on the your contribution, remember, you are mittee on Rules, when the question basic rights of Federal employees, we going to have to come in and see me in was asked of the sponsor of those four are going to unleash a torrent of coer­ the morning." amendments, if they passed and were cion and intimidation. These Members That is the kind of outrage that can included in the bill, would he support apparently feel that, notwithstanding be permitted under the bill we are this piece of legislation, the answer the prohibitions in H.R. 20, Federal em­ about to take up. And we cannot offer was no. Then there is some other rea­ ployees will intentionally seek to vio­ amendments to do something about son for offering these motions and late the law and abuse their official po­ that. these amendments. sition. I think Federal employees are Middle-class America has everything Let me say to my colleagues that my honest, responsible citizens who take to fear when tyranny begins to domi­ reason for objecting to the offering of seriously their obligations and duties nate the legislative process that allows the amendment is that in my opinion and fulfill those obligations with honor them to have their voice. That is what it was not necessary for us to decide, and credit. To the extent that some is happening. It is not just tyranny; it again, after 19 years on this bill and may think otherwise, however, this is petty tyranny. passing it numerous times, I do not amendment addresses those concerns The bill was defeated on suspension think that we ought to be in a position the other day largely to give the gen­ once and for all by prohi biting solici ta­ of further trying to deny 3 million Fed­ tion of any member of the public, any tleman from Virginia [Mr. WOLF] his eral and postal employees a constitu­ opportunity to offer amendments on subordinate employee, and any Federal the floor. And what happened in the tional right that is guaranteed to all employee who is not a fellow member Committee on Rules, in an act of abso­ citizens under the first amendment. of a Federal employee organization. lute pettiness, in an act of vindictive­ And that amendment that they are Assuming this body adopts the ness, the Committee on Rules said, talking about that the gentleman amendments that will be offered, and I "Mr. Wolf, we are not even going to wanted to offer would exclude thou­ will not oppose these amendments, give you one amendment," despite the sands of American citizens in good there is no reasonable or logical basis fact that it was understood that the standing, law abiding, from participat­ for still opposing this bill. One either bill was largely defeated on suspension ing in the electoral process of this believes that Federal employees should to give the gentleman from Virginia country. be able to voice their views regarding [Mr. WOLF] his opportunity to make I think it is tragic that any Member the politics of the Nation or one his case on the floor. would want to deny another citizen the doesn't. This rule also permits a mo­ The petty tyranny that exists in the right to participate in politics. I think tion to recommit and there will be an Committee on Rules decided that the that it is unnecessary for us to have a up-or-down vote on final passage. gentleman from Virginia [Mr. WOLF] question of whether we do or whether To claim that the majority is some­ should be taught a lesson, should be we do not want to let American citi­ how trampling on the rights of the mi­ shut out. Every amendment he had was zens, some 3 million of them, partici­ nority by not allowing for an unlimited entirely germane to the bill, but his pate in politics. series of gutting amendments is ludi­ amendments were shut out. Mr. Speaker, I rise in support of the crous. Most Members advocating fili­ That is the kind of thing which has rule. This rule provides for full debate buster by the amendment route have become a true outrage in the House of of all relevant issues. Specifically, the no intention of supporting the bill on Representatives. rule makes in order three amendments. final passage in any case. We have had March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3969 12 years of gridlock and delay. This tional security. Mr. Speaker, few would enclosed the text of these editorials rule permits consideration by the be content knowing an employee of the and Common Cause's letter for the House of all points of view regarding IRS was president or chairman of the RECORD. this legislation. This rule also ensures county Democratic or Republican com­ [From the Philadelphia Inquirer, Mar. 1, that the House will ultimately be able mittee at night, and auditing county 1993] to act one way or the other. I commend residents' tax returns by day. If pub­ LET THE HATCH ACT BE the Rules Committee for its efforts and licly partisan FBI agents were inves­ If the Democrats in Congress are going to urge support of the rule. tigating alleged bribery charges, or pass bad bills, they should at least follow Mr. GOSS. Mr. Speaker, I yield 5 better yet, conducting a sting oper­ good procedure. That means allowing debate minutes to the gentleman from the ation of a politician the agent publicly and amendments. Yet when the House took up a major bill last week, members not only Commonwealth of Virginia [Mr. WOLF], opposed, would the investigation, re­ couldn't amend it, they had virtually no who has a long history of involvement gardless of how forthrightly, profes­ time to debate it. In short, the representa­ in constructive contribution to this de­ sionally, and carefully conducted, be tives of the people were under a gag rule. It bate. questioned as to the integrity of the in­ looked as if the Democrats don't like democ­ Mr. WOLF. Mr. Speaker, there is an vestigation. Mr. Speaker, a closed rule racy. abuse of power in this body that is be­ does not address these serious ques­ The bill in question would have gutted a ginning to corrupt the process. Since tions. 54-year-old law- the Hatch Act-that bars the beginning of this congressional ses­ Lastly, I would have offered an federal workers from running for political of­ sion, the House Rules Committee has amendment that would have offered fice and from engaging in other partisan ac­ tivities. It was enacted to make the bureauc­ not allowed one open rule whereby broad protections to the dedicated men racy less hack-riddled and to insulate federal members of either party can offer and women of our civil service. The workers from partisan pressures. Generally amendments. This prohibits free and amendment would have prevented a speaking, it has worked. open discussion of ideas and issues that Federal employee from soliciting an­ Fortunately, the bill didn't quite garner are important to the American people. other employee to take part in politi­ the two-thirds majority needed to pass it Both Republican and Democrat Mem­ cal management or campaigning. Thus, under this arrangement. Thus the bill will bers are becoming increasingly frus­ this amendment would have addressed get the extensive debate that it deserves, and lawmakers will now have an opportunity to trated over their inability to offer the concern about indirect political co­ improve it by amendment. amendments and participate in the leg­ ercion that would adversely effect Fed­ Since President Clinton and majorities in islative process. eral employees subjected to such har­ both houses of Congress clearly want to soft­ Every morning when I come to work assment. The very real concern about en the current law, the question isn't wheth­ I think about how fortunate I am to indirect political coercion will not be er to do it, but how far to go. The legislation have the opportunity to represent the addressed because Members of this that was nearly rammed through the House honorable citizens of the lOth Congres­ House have been gagged by a closed last week would have gone way too far. In al­ sional District of Virginia, and to serve rule. These issues need to be discussed, lowing federal employees to work off-hours my country as a Member of Congress. in political campaigns, for example, the bill particularly because we are con­ doesn't even exclude people who work for the Indeed every Member of this body templating overturning a policy that Federal Election Commission (FEC)--the should be proud to have been granted, . has been in effect since the days of watchdog agency for congressional and presi­ by the collective will of their constitu­ Thomas Jefferson and will affect the dential campaigns. As pointed out by some­ ents, this unique opportunity to come lives of about 3 million Federal em­ one whose district includes lots of federal to Washington and make a positive dif­ ployees. employees, Rep. Frank Wolf (R., Va.), that ference. Today, however, I am dis­ This legislation is controversial and would let an FEC employee do moonlighting appointed that I will not be allowed to deserves deliberate consideration by work for a congressional candidate, then offer amendments to a bill which I feel this body. Leading newspapers and audit the financial report on the candidate's opponent by day. is seriously flawed. watchdog groups have raised serious Mr. Wolf also argues that the ban on cam­ My amendments were not designed to concerns about the possible negative paign work should be maintained as well for be dilatory or obstruction~st amend­ implications of repealing· the Hatch employees of the Justice Department, the ments. They were substantive amend­ Act. The Philadelphia Inquirer edito­ CIA and other law-enforcement and intel­ ments which addressed issues of real rialized that: ligence agencies. He reasons that, in such concern to many Members and the If [political) involvements were allowed, areas, it's especially important that deci­ American people. One amendment that the public's respect for federal workers, such sion-making be free of even the possibility of I would have offered would have kept as it is, would surely decline. At the same being influenced by partisan consideration. time, more and more employees would feel We agree. · current Hatch Act restrictions on the But even if such exceptions were made, we Federal Election Commission, Merit improper pressure to be politically active in their spare time. fail to see the compelling argument for free­ System Protection Board, Office of ing the rest of America's roughly 3 million Special Counsel, and U.S. attorneys. The Los Angeles Times wrote: federal workers and postal employees to leap The employees who work in these sen­ Many federal employees have welcomed into politics-letting them participate in sitive positions address issues that are the prohibitions. The act excuses them from campaigns and, without giving up their rel­ "voluntary" political activity that, given atively secure positions, even run for office political in nature, and their involve­ their vulnerability to actions by elected offi­ ment in partisan political activity themselves. If such involvements were al­ cials, might easily be coerced. lowed, the public's respect for federal work­ could severely undermine public con­ The Wall Street Journal commented: ers, such as it is, would surely decline. At fidence in our administrative proc­ This country replaced the spoils system the same time, more and more employees esses. Would it be appropriate for an with a civil service system more than 100 would feel improper pressure to be politi­ assistant U.S. attorney, who is prepar­ years ago. That system certainly has its cally active in their spare time. ing a case against a prominent politi­ problems, but at least its employees don't These are basic reasons why the Hatch Act cal figure for corruption, to be per­ openly play politics. is being defended by the ACLU, Common mitted to work on the campaign of Lastly, Common Cause opposes re­ Cause- and many federal employees them­ that politician's opponent? Repeal of selves. If it's not broke, why rush to fix it? pealing the Hatch Act stating: For that matter, why fix it at all? the Hatch Act raises serious questions Repeal of the Hatch Act's basic protec­ of conflict of interest and denial of due tions, as proposed in H.R. 20, will increase [From the Los Angeles Times] process. A closed rule does not address the potential for widespread abuse and open AN UNWANTED ESCAPE HATCH the way for implicit coercion against which these concerns. Federal employees, like all Americans, Another amendment that I would there can be no real protection. have the right to vote, to belong to a politi­ have offered would have kept current Mr. Speaker, a closed rule will not cal part y and to make monetary cont ribu­ Hatch Act restrictions on employees allow members to address these con­ t ions to candidates. For 53 years, however, involved in law enforcement and na- cerns in a deliberative fashion. I have federal employees have been wisely barred 3970 CONGRESSIONAL RECORD-HOUSE March 3, 1993 from further political activity. They may cratic appointee now on the court, wrote in committees (PACs). The only restraint is not serve as officers in a political party or an opinion that "it is in the best interest of that the partisan activity would have to manage political campaigns or work as vol­ the country, indeed essential, that * * * the occur in off-hours. unteers in a candidate's campaign office. political influence of federal employees on Repeal of the Hatch Act's basic protec­ They may not solicit contributions from oth­ others and on the political process should be tions, as proposed in H.R. 20, will increase ers for a candidate. And, not least in impor­ limited." the potential for widespread abuse and open tance, they may not themselves run for Frustrated by the courts, federal employee the way for implicit coercion against which elected office. unions have time and again tried to modify there can be no real protection. With basic These restrictions have been the law of the the Hatch Act. Joe Vacca, the president of restrictions on partisan activity repealed, no land since 1939 when the Hatch Act, named the National Association of Letter Carriers, procedural or other safeguards will be suffi­ for Sen. Carl Hatch (D-N.M.), was passed. has said that federal employees will never cient to protect against subtle forms of po­ Many federal employees have welcomed win the right to strike until Hatch is litical favoritism or coercion of federal the prohibitions. The act excuses them from changed. In 1975, President Ford vetoed a workers. "voluntary" political activity that, given Hatch Act repeal. In 1990, President Bush did It is important to recognize that under the their vulnerability to actions by elected offi­ the same thing and the Senate narrowly current Hatch Act, federal workers are al­ cials, might easily be coerced. The law also upheld his veto. ready permitted to engage in certain politi­ preserves public respect for the Civil Service Last year, Bill Clinton said he would sup­ cal activities. For example, they may make by keeping it clearly and formally above pol­ port some changes in the Hatch Act but political contributions to candidates, serve itics. stopped short of calling for its repeal. Public as rank-and-file members of political parties, But opposition to the Hatch Act has never employee unions are betting he will be un­ and engage in nonpartisan political activi­ subsided. It has been thrice challenged, and willing to veto whatever bill passes Con­ ties. It is only the most active levels of par­ thrice upheld, before the Supreme Court. In gress. A bill to gut the Hatch Act is moving tisan participation from which they are cur­ 1975 and 1990, Congress passed-and Presi­ through Congress at warp speed and has al­ rently barred. In drawing this line, we be­ dents Gerald R. Ford and George Bush ve­ ready been voted out of committee. It may lieve that the current Hatch Act strikes an toed-bills for its repeal. reach the House fluor as early as next Tues­ appropriate balance between the federal Behind the challenges have been federal day. worker's ability to participate in political employee unions, notably the National Assn. Ironically, there is precious little evidence activities and the public's right to fair and of Letter Carriers, which have used their po­ that federal workers themselves want impartial administration of government. litical influence with Democratic legislators changes in the Hatch Act. A 1989 survey of Common Cause recognizes that the current against the Hatch Act. federal employees by the Merit Systems Pro­ regulations governing administration of the A great many federal employees have been tection Board found that only 32% wanted Hatch Act are complicated. There may be Democrats, and so Democratic legislators, the act weakened. There are sound reasons ways to clarify and simplify for workers the the merits of the case aside, have a partisan for this attitude. "When a civil servant says, degree of participation they are permitted reason to be sympathetic. 'I'm Hatched,' he is not complaining," says under the Hatch Act without lifting the Minority group members· are dispropor­ historian Marjorie Fribourg. "He is protect­ basic restrictions on partisan activity. We tionately numerous among federal employ­ ing himself from political arm-twisting." In­ would urge the House to instead explore this ees as well, and one among the arguments deed, one federal employee union official possibility. for repealing the Hatch Act has been that it groused in 1990 that "some federal employees The Hatch Act was designed to ensure that reduces minority political power. Broadly really hide behind the Hatch Act as a way to the federal government is administered in a speaking, the federal employees' right to an get out of participating" in politics. fair and impartial manner. We agree with irreducible minimum of political activity Groups such as Common Cause oppose the U.S. Supreme Court which stated, in up­ does need to be balanced with the taxpayers' curbing the Hatch Act, because they recog­ holding the constitutionality of the Act, right to be preserved from, in effect, funding nize it is the only way to avoid turning fed­ that "it is in the best interest of the coun­ their own employees' lobbying. eral unions into full-fledged partisan politi­ try, indeed essential, that federal service A new bill to revise the Hatch Act, cur­ cal machines. Three union presidents were should depend upon meritorious performance rently before Congress, would destroy that suspended from their federal jobs for 60 days rather than political service." balance, going so far as to permit employees under Hatch for openly backing Walter Man­ Common Cause strongly believes this im­ of the Federal Election Commission, which dale in 1984. portant integrity-in-government measure monitors enforcement of election laws, to This country replaced the spoils system should not be repealed. We urge you to op­ work in electoral campaigns. with a civil service more than 100 years ago. pose H.R. 20 and other proposals that would Refinements of the act may well be pos­ That system certainly has its problems, but repeal necessary prohibitions on partisan po­ sible, but any proposed changes should be at least its employees don't openly play poli­ litical activity by federal employees. scrutinized skeptically. This is a law that tics. Bill Clinton would be foolish to allow Sincerely, has served the public good for half a century. the civil service to become a giant lobby for FRED WERTHEIMER, Repealing it or even seriously weakening it its own self-interest. But should he cave in President. should be out of the question. and sign a bill gutting the Hatch Act, he Mr. Speaker, I am disappointed be­ should have the honesty to rename it the cause this House has degenerated into [From the Wall Street Journal, Feb. 19, 1993] Hack Act, because that is the direction a po­ a place where open and honest debate HATCH NOT HACKS liticized civil service will inevitably take. is abhorred, political dialogue is si­ One of President Clinton's few real spend­ lenced, expressions of conflicting views ing cuts is his pledge to reduce the federal COMMON CAUSE, work force through attrition by 100,000 over Washington, DC, February 19, 1993. are muzzled, opinions are censured, and four years. But he is unlikely to accomplish DEAR REPRESENTATIVE: The House of Rep­ independence of thought is rebuked. that if he goes along with an effort by Con­ resentatives is scheduled next week to con­ Mr. Speaker, I am also disappointed be­ gress to destroy the Hatch Act, which limits sider legislation to amend the Hatch Act cause this House has demonstrated its the political activity of federal workers. which for 50 years has protected federal em­ contempt for the very democratic prin­ Such a move would dramatically increase ployees from inappropriate political pres­ ciples upon which this country was the power of public employee unions and sures. Common Cause strongly urges you to founded. make it less likely that Congress would ever oppose this legislation. Yesterday, I had the most disturbing vote to streamline or reform the bureauc­ H.R. 20, which seeks to make basic changes racy. in the current Hatch Act restrictions on par­ experience of my tenure as a Congress­ The Hatch Act, named after Democratic tisan political activity by federal workers, man. I testified before the Rules Com­ Senator Carl Hatch of New Mexico, was opens the door to implicit coercion, and mittee and asked that they approve an passed in 1939 to tighten longstanding pro­ abandons the fundamental concept of an open rule to H.R. 20, a bill that would tections against a politicized federal work unpoliticized civil service. repeal the Hatch Act of 1939. No open force. A Pulitzer Prize-winning series had H.R. 20 will repeal Hatch Act protections rule was granted; however, three documented how New Deal workers in Ken­ and for the first time in 50 years allow fed­ amendments by my Republican col­ tucky and other states had been coerced into eral civil service and postal employees to ac­ leagues were made in order. There is no supporting political incumbents. tively participate in partisan political activ­ Since its enactment, Hatch has been chal­ ity. It would permit federal workers to run valid explanation for why I was denied lenged three times before the Supreme Court as candidates in partisan elections, to serve an opportunity to offer even one of m.,.­ on the grounds it infringes on the rights of as officers of a political party, to raise par­ three perfecting amendments. Because workers. Each time it has been upheld. In tisan campaign contributions, manage cam­ I would not succumb to the leader­ 1973, Justice Byron White, the only Demo- paigns, and to administer political action ship's plan to pass H.R. 20 under sus- March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3971 pension of the rules and because I bated, and different opinions are sup­ and not dead dogma. Mill elaborated on would not restrain my views with re­ pressed. As Mill commented, "these are this point when he stated: gard to this bill, I can only assume exactly the occasions * * * which ex­ Even if the received opinion be not only that I was precluded from offering a cite the astonishment and horror of true, but the whole truth; unless it is suf­ single amendment. posterity." When the majority assumes fered to be, and actually is, vigorously and The proponents of H.R. 20 claim that its own infallibility, as it is doing by earnestly contested, it will, by most of those the bill will restore political rights to undertaking to decide the question of who receive it, be held in the manner of a prejudice, with little comprehension or feel­ Federal employees. It is ironic, how­ what amendments can be offered in the ing of its rational grounds. ever, that in so doing the Democrat House, and sees fit to silence discussion leadership and the Rules Committee of those views, the quest for truth Society can only benefit from such free discussion which provides rein­ will prevent 432 Members from offering through free expression is frustrated. amendments. Any Member who wishes Mr. Speaker, Members should heed forcement for traditionally held views, to offer an amendment should be al­ the prescient comments of John Stuart or deposes tired only doctrine. As Mill lowed to do so. Each Member was duly Mill who addressed the issue of the lib­ eloquently stated: elected by their constituents and has erty of thought and discussion. In On If the opinion is right, they are deprived of the opportunity of exchanging error for the same responsibility to represent Liberty, John Stuart Mill commented: truth: if wrong, they lose, what is almost as them in Congress. We have now recognized the necessity to great a benefit, the clearer perception and This is not how our forefathers envi­ the mental well-being of mankind (on which livelier impression of truth, produced by its sioned this deliberative body would all their other well-being depends) of free­ collision with error." legislate. They would be appalled to dom of opinion, and freedom of the expres­ sion of opinion, on four distinct grounds; Mill points out that even- find that not only is individual thought If the silenced opinion be an error, it may, discouraged, it is punished. Further­ which we will now briefly recapitulate. First, if any opinion is compelled to si­ and very commonly does, contain a portion more, they would be disgusted to learn lence, that opinion may, for aught we can of truth; and since the general or prevailing how the legislative process has been certainly know, be true. To deny this is to opinion on any subject is rarely or never the perverted by the profligate use of the assume our own infallibility. whole truth, it is only by the collision of ad­ closed rule. Secondly, though the silenced opinion be verse opinions that the remainder of the The Rules Committee is supposed to an error, it may, and very commonly does, truth has any chance of being supplied. craft rules that regulate the structure contain a portion of truth; and since the gen­ No one can be certain as to the truth of debate and the amendment process. eral or prevailing opinion on any subject is of any proposition, and, to restrict Instead, it has evolved into an auto­ rarely or never the whole truth, it is only by open debate and discussion, is to forgo the collision of adverse opinions that the re­ cratic body that passes on questions of mainder of the truth has any chance of being our need to expand and discover the substance rather than procedure. It fil­ supplied. truth. ters out views and opinions it finds ob­ Thirdly, even if the received opinion be not Mr. Speaker, I pose a question to all jectionable and decides which ques­ only true, but the whole truth; unless it is Members, Republican and Democrat: tions members are to consider. "The suffered to be, and actually is, vigorously Are we, as democratically elected rep­ usefulness of an opinion," as John Stu­ and earnestly contested, it will, by most of resentatives of the citizens of greatest art Mill points out, "is itself a matter those who receive it, be held in the manner democracy in the world going to choose of opinion: as disputable, as open to of a prejudice, with little comprehension or liberty of thought and discussion or feeling of its rational grounds. And not only opt for the alternative-gag rule which discussion, and requiring discussion as this, but fourthly, the meaning of the doc­ much as the opinion itself." trine itself will be in danger of being lost, or stifles free and open debate? The Rules Committee is not endowed enfeebled, and deprived of its vital effect on Mr. GOSS. Mr. Speaker, I would ask with greater wisdom than any other the character and conduct: the dogma be­ how much time each side has remain­ Member, and they are not qualified to coming a mere formal profession, ineffica­ ing. sit in collective judgment of sub­ cious for good, but cumbering the ground, The SPEAKER pro tempore (Mr. stantive amendments and speak for the and preventing the growth of any real and McDERMOTT). The gentleman from entire body. What is sacrificed through heartfelt conviction, from reason or personal Florida [Mr. Goss] has 91/2 minutes re­ this process is fairness, comity, free­ experience. mammg, and the gentleman from dom, and most importantly, the quest When liberty of thought and discus­ South Carolina [Mr. DERRICK] has 121/2 for truth. sion is limited, a danger is presented minutes remaining. When freedom of speech and expres­ because the majority controls any ex­ Mr. DERRICK. Mr. Speaker, I have sion are suppressed, opinions are si­ planation of dissenting opinion which one speaker, and I wish to close. lenced that may certainly be true. could be severely misrepresented. The Mr. GOSS. Mr. Speaker, I yield 1 John Stuart Mill, in his essay On Lib­ majority could suppress facts or argu­ minute to the gentleman from Florida erty points out "this is to assume our ments, misstate the elements of the [Mr. CANADY]. own infallibility.'' No man or woman is case, and misrepresent the opposite Mr. CANADY. Mr. Speaker, I rise infallible, and they have no authority opinion. Open discourse is too precious today to voice deep concern over the to decide the question for all Members, to be sacrificed to political correctness rule that is before us. Many of us may and to exclude every other person from which limits debates severely. agree with the goal of allowing most the means of judging. Mill continued: One must pose the question, Why is Federal employees greater opportunity To refuse a hearing to an opinion, because the majority afraid of open dialog? It for political participation, but we are they are sure it is false, is to assume that seems that the majority goes to great concerned that in so doing, under H.R. their certainty is the same thing as absolute lengths to restrict debate and discus­ 20, Congress may also reopen the old certainty. All silencing of discussion is an sion because they are concerned that paths for political abuse and corrup­ assumption of infallibility. the fallibility of their position or argu­ tion. As my colleague, the gentleman Mr. Speaker, history teaches us that ment will be exposed and free thinking from Virginia [Mr. WOLF] has so elo­ governments are not infallible. Dicta­ Americans will cast a referendum on quently stated, these are not partisan torships and democracies have erred those positions. If their arguments be concerns. We must preserve the public time and again, and will continue to do valid and truthful, they should have trust by keeping the governmental so. Governments have enslaved entire nothing to fear; however, if they are services many people count on free peoples, engaged in unjust wars, per­ flawed, the truth, if aired, will prevail. from political coercion. secuted persons' religion, and levied If their positions are the right ones, Mr. Speaker, we cannot address these bad taxes. The occasions that govern­ then the discussion of those ideas will concerns under this restrictive rule ments are most likely to commit such reinforce their wisdom. Ideas that are that is before us today. For instance, dreadful mistakes are when objections fully, frequently, and fearlessly dis­ we will not be allowed to address the are not heard, concerns are not de- cussed, will be held to be living truth issue of abuses arising from political 3972 CONGRESSIONAL RECORD-HOUSE March 3, 1993 activities of employees of the IRS, the thing to do on the floor. Everybody can seems to me, Mr. Speaker, that based FBI, or the DEA, just to name a few. see that all Congressmen are not here on what we have heard from our side of Mr. Speaker. at a time when the peo­ to participate in debate, so this argu­ the aisle, there is more than a couple ple of this country are demanding ment that we do not have the time of people who like to simply go change in Congress, today with this simply does not hold water. through the process of allowing their rule we are moving forward with the Rule after rule after rule comes down colleagues who represent 600,000 Ameri­ same old business as usual. either gagging the minority or prohib­ cans here to have the chance to have Mr. GOSS. Mr. Speaker, I yield 1 iting us from offering the kind of their ideas considered, and they may minute to the gentleman from Florida amendments that we want. I would just not support those, but they want them [Mr. DIAZ-BALART]. like to say the American people want to have the right to consider those Mr. DIAZ-BALART. Mr. Speaker, the Members to be fair. The Democrat ideas. And then they still may think it please excuse me if I reveal insufficient side has the White House, they have is a very bad bill, even though all those gratitude for the magnanimity of being the House of Representatives, they items were brought up and voted on. able to debate three Republican have the Senate. Why in the world. So it seems to me as we look at this amendments today. The issue, and it is would they not allow us at least to gag rule once again we are saying to important for the people watching, Mr. offer an amendment? They can vote it Members that you do not have the Speaker, to know what is going on, I down if they want, but be fair. right to have your ideas even consid­ support the legislation that we are We each represent a lot of constitu­ ered here on the House floor. We want going to be voting on today. I see no ents. We would not do it to you, so do to offer an open rule, to the surprise of problem with Federal employees, and not do it to us. my friends on the other side of the they should have, as a matter of fact, Mr. GOSS. Mr. Speaker, I would ask aisle. We want to offer an open rule. We not only is there no problem, but Fed­ how much time remains for our side. want free and fair debate here, and so eral employees should have the right to The SPEAKER pro tempore. The gen­ once again we are going to, believe it participate in the political process. tleman from Florida [Mr. Goss] has 6 or not, have a vote on the previous This reform is long overdue. minutes remaining. question. The issue is the problem of the closed Mr. GOSS. Mr. Speaker, may I ask if The previous question is very simple. rule. The issue is that the majority is the other side has any further requests It says that we will allow an open rule closing off the rights of the minority to for speakers? to take place so that all of these debate. and when the majority is clos­ Mr. DERRICK. Mr. Speaker, I have amendments, including that of the gen­ ing off the right of the minority to de­ one speaker remaining, and I reserve tleman from Virginia [Mr. WOLF], and bate and to present amendments, the the right to close. the others that tragically were not in­ constituents of the minority are being cluded, to at least be debated here. I The SPEAKER pro tempore. The gen­ might vote against some of FRANK discriminated against. It is an elemen­ tleman from South Carolina [Mr. DER­ tary violation of the democratic proc­ WOLF's amendments. I am not sure at RICK] has the right to close. this point, but I would like to have us ess. I think it is unnecessary and I Mr. GOSS. In that case, Mr. Speaker. think, really, it is unacceptable. have the chance to analyze those. I I yield the balance of my time to the heard a brief report on them up in the That is the issue that we are debat­ gentleman from California [Mr. ing, the rule, the closed rule. The Rules Committee, but I have not heard DREIER], the very distinguished mem­ them fully debated. American people have to find out what ber of the Committee on Rules, to con­ As I listened to the argument for the is happening. They have to put pres­ clude our side. fact that over the last several Con­ sure on this body to reject once and for The SPEAKER pro tempore. The gen­ gresses we have looked at these issues, all this impediment to democracy that tleman from California [Mr. DREIER] is that is ludicrous. We have all under­ is so flagrant in this body. recognized for 6 minutes. scored the fact that one-fourth of this Mr. GOSS. Mr. Speaker, I yield 1 0 1420 place is comprised of new Members, 63 minute to the distinguished gentleman Democrats and 47 Republicans. During from Indiana [Mr. BURTON]. Mr. DREIER. Mr. Speaker, I thank my good friend from Sanibel, our hard­ their campaigns, they may have looked Mr. BURTON of Indiana. Mr. Speak­ at the Hatch Act as an issue, but I er, I would like to say to my colleagues working new member of the Rules Committee, for yielding me this time. doubt that they have gone through the on the other side of the aisle that I kind of rigorous debate that we would support this legislation, but the Com­ Mr. Speaker, tyranny requires con­ tinuous innovation and excuses used to have here on the House floor. And Mr. mittee on Rules, and I am talking to Speaker, . I have been here for a while. my good friend, the Committee on hide the truth. I was fascinated as to I as a Member have not been able to Rules continues to infringe upon the the reason used yesterday by which my witness the kind of free-flowing debate rights of the minority. good friend and classmate, the gen­ that we need so that I can thoughtfully Each one of us, and I hope the gen­ tleman from Virginia [Mr. WOLF] was consider whether or not I am going to tleman will look at me, each one of us unable to offer his amendment or his support these different amendments. represents ·between 550,000 and 600,000 group of five amendments that I pro­ What we have done is yes, we have Americans, and we have the right, I posed up in the Rules Committee. had votes under suspension of the rules think, or should have the right to at Mr. Speaker, the reason is that in the past on this issue, but we have least present our amendments. The FRANK WOLF does not represent the never had, to my recollection, a full de­ Members can vote them down. They largest number of Federal employees of bate on the multifarious amendments have a big majority in this House, and any Member of Congress. He used to, as that Members on the Democrat side, have a big majority in the other House. my good friend from St. Louis said, in the gentleman from Pennsylvania [Mr. Why do they stifle debate? the past, but he does not any longer, FOGLIETTA] included, and the Repub­ When I was in the Indiana General and that seems to be the only reason lican side want to consider. The best Assembly I supported this kind of leg­ that FRANK WOLF cannot offer these way for us to consider those now is to islation, and I support it today. But amendments. defeat the previous question so that why does that side of the aisle stifle de­ My good friend and the chairman has the gentleman from New York [Mr. bate? They say it is because we do not said also that he had said to someone if SOLOMON] will have the opportunity to have the time. They say they have we included all of these amendments offer his open rule, and we can move other things to do tomorrow, as was will you vote for the final passage on ahead with a free-flowing debate. said just a few minutes ago. this bill, and he said the response that So I urge a "no" vote on the previous The fact of the matter is, we are he got was "no." I tried to get my question. going to be in town, most of us, tomor­ friend from St. Louis to yield me time Mr. DERRICK. Mr. Speaker, I yield row, and we are not going to have any- so that I could respond to that. It myself such time as I may consume. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3973 Before I move the previous question [Roll No. 50] Buyer Hoekstra Paxon Callahan Hoke Petri let me say, as was pointed out by the YEAS- 248 Calvert Horn Pombo gentleman from Missouri [Mr. CLAY], Camp Houghton Abercrombie Gutierrez Ortiz Porter Canady Pryce (OH) this bill is almost 20 years old. Wait Ackerman Hall(OH) Orton Huffington around another term and it will have Andrews (ME) Hall(TX) Owens Castle Hunter Quinn reached its majority. To say that this Andrews (NJ) Hamburg Pallone Clinger Hutchinson Ramstad Andrews (TX) Hamilton Parker Coble Hyde Ravenel matter has not been debated and de­ Applegate Harman Pastor Collins (GA) Inglis Regula bated accurately and at great length Bacchus (FL) ·Hastings Payne (NJ) Combest Inhofe Ridge over the past 19 years is absurd. Baesler Hayes Payne (VA) Crane Is took Roberts Barcia Hefner Pelosi Crapo Jacobs Rogers Because of past dilatory tactics, mil­ Barlow Hilliard Penny Cunningham Johnson (CT) Rohrabacher lions of Americans have been denied Barrett (WI) · Hinchey Peterson (FL) DeLay Johnson, Sam Ros-Lehtinen Becerra Hoagland Peterson (MN) Diaz-Balart Kasich Roth the right to participate in the political Dickey Kim Royce process. Hopefully, after 19 or 20 years, Beilenson Hochbrueckner Pickett Berman Holden Pickle Doolittle King Santorum this bill will become law in this session Bevill Hoyer Pomeroy Dornan Kingston Saxton of Congress, and these men and women Bilbray Hughes Poshard Dreier Klug Schaefer Duncan Knollenberg Schiff may enjoy basically the same rights as Bishop Hutto Price (NC) Blackwell Inslee Quillen Dunn Kolbe Sensenbrenner other Americans. Bonior Jefferson Rahall Emerson Kyl Shaw Borski Johnson (GA) Rangel Everett Lazio Shays These heinous acts that are pre­ Ewing Leach Shuster sented to the body about the IRS Boucher Johnson (SD) Reed Brewster Johnson, E. B. Reynolds Fawell Levy Skeen agents rapping on doors and one thing Brooks Johnston Richardson Fish Lewis (CA) Smith (Ml) and another are illegal under the Browder Kanjorski Rose Fowler Lewis (FL) Smith (NJ) present law, and they will be illegal Brown (CA) Kaptur Rowland Franks (CT) Lightfoot Smith (OR) Brown (FL) Kennedy Roybal-Allard Franks (NJ) Linder Smith (TX) under the bill H.R. 20 that we will Brown (OH) Kennelly Rush Gallegly Livingston Snowe hopefully pass today. And should some­ Byrne Kildee Sabo Gallo Machtley Solomon one do this he could be prosecuted on Cantwell Kleczka Sanders Gekas Manzullo Spence Gilchrest McCandless Stearns the evidence and sentenced to a term of Cardin Klein Sangmeister Carr Klink Sarpalius Gillmor McCollum Stump confinement. Chapman Kopetski Sawyer Gilman McCrery Talent Clay Kreidler Schenk 'Gingrich McHugh Taylor (NC) As to whether this rule is a fair rule Goodlatte Mcinnis Thomas (CA) or not, the Rules Committee, as is its Clement LaFalce Schroeder Clyburn Lambert Schumer Goodling McKeon Thomas(WY) custom, listened to many Members who Coleman Lancaster Scott Goss McMillan Torkildsen had amendments that they wanted to Collins (IL) Lantos Serrano Grams Meyers Upton offer, and in the judgment of a major­ Collins (MI) LaRocco Sharp Grandy Mica Vucanovich Condit Laughlin Shepherd Greenwood Michel Walker ity of the Rules Committee there were Conyers Lehman Sisisky Gunderson Miller (FL) Walsh three amendments that should be made Cooper Levin Skaggs Hancock Molinari Weldon Coppersmith Lewis (GA) Skelton Hansen Moorhead Wolf in order. The gentleman from New Hastert Myers Zeliff York sought one amendment that he Costello Lipinski Slattery Coyne Lloyd Slaughter Hefley Nussle Zimmer withdrew, but this rule allows three Cramer Long Smith (IA) Herger Oxley amendments, and allows 30 minutes on Danner Lowey Spratt Hobson Packard each amendment. Darden Maloney Stark NOT VOTING-16 de Ia Garza Mann Stenholm It is a fair rule. H.R. 20 is legislation Deal Manton Stokes Bryant Henry Valentine that needs to pass this body, needs to DeFazio Margolies- Strickland Clayton McDade Washington be signed into law. De Lauro Mezvinsky Studds Cox Roemer Young (AK) Dellums Markey Stupak Evans Rostenkowski Young (FL) So I urge my colleagues to vote for Derrick Martinez Sundquist Fields (TX) Roukema the previous question, to vote for the Deutsch Matsui Swett Ford (TN) Tauzin rule, and to vote for final passage of Dicks Mazzoli Swift Ding ell McCloskey Synar this most important legislation. Dixon McCurdy Tanner 0 1448 Mr. Speaker, I yield back the balance Dooley McDermott Taylor (MS) Durbin McHale Tejeda The Clerk announced the following of my time and I move the previous pair: question. Edwards (CA) McKinney Thornton Edwards (TX) McNulty Thurman On this vote: The SPEAKER pro tempore (Mr. Engel Meehan Torres MAZZOLI). The question is on ordering English (AZ) Meek Torricelli Mrs. Clayton for, with Mrs. Roukema English (OK) Menendez Towns against. the previous question on the resolu­ Eshoo Mfume Traficant tion. Fazio Miller (CA) Tucker Messrs. JACOBS, RIDGE, and KA­ The question was taken; and the Fields (LA) Min eta Unsoeld SICH changed their vote from "yea" to Filner Minge Velazquez " nay." Speaker pro tempore announced that Fingerhut Mink Vento the ayes appeared to have it. Flake Moakley Visclosky Mr. OBERSTAR changed his vote Mr. GOSS. Mr. Speaker, I object to Foglietta Mollohan Volkmer from "nay" to "yea." Ford (Ml) Montgomery Waters So the previous question was ordered. the vote on the ground that a quorum Frank (MA) Moran Watt is not present and make the point of Frost Morella Waxman The result of the vote was announced order that a quorum is not present. Furse Murphy Wheat as above recorded. Gejdenson Murtha Whitten The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi­ Gephardt Nadler Williams dently a quorum is not present. Geren Natcher Wilson MAZZOLI). The question is on the reso­ The Sergeant at Arms will notify ab­ Gibbons Neal (MA) Wise lution. Glickman Neal (NC) Woolsey The question was taken; and the sent Members. Gonzalez Oberstar Wyden Pursuant to clause 5(b)(1) of rule XV, Gordon Obey Wynn Speaker pro tempore announced that the Chair will reduce to not less than 5 Green Olver Yates the ayes appeared to have it. RECORDED VOTE minutes the time for any recorded vote NAY8-166 that may be ordered on the adoption of Mr. GOSS. Mr. Speaker, I demand a Allard Barrett (NE) Bliley the resolution without intervening Archer Bartlett Elute recorded vote. business. Armey Barton Boehlert A recorded vote was ordered. The vote .was taken by electronic de­ Bachus (AL) Bateman Boehner Baker (CA) Bentley Bonilla The vote was taken by electronic de­ vice, and there were-yeas 248 , nays Baker (LA) Bereuter Bunning vice, and there were- ayes 249 , noes 163, 166, not voting 16, as follows: Ballenger Bilirakis Burton not voting 18, as follows: 3974 CONGRESSIONAL RECORD-HOUSE March 3, 1993 [Roll No. 51] Boehner Hansen Nussle on the State of the Union for the con­ Bonilla Hastert Oxley AYE&-249 Bunning Hefley Packard sideration of the bill (H.R. 20) to amend title 5, United States Code, to restore Abercrombie Harman Parker Burton Herger Paxon Buyer Ackerman Hastings Pastor Hobson Petri to Federal civilian employees their Andrews (ME) Hayes Payne (NJ) Callahan Hoekstra Pombo right to participate voluntarily, as pri­ Calvert Porter Andrews (NJ) Hefner Payne (VA) Hoke vate citizens, in the political processes Andrews (TX) Hilliard Pelosi Camp Horn Pryce (OH) Applegate Hinchey Penny Canady Houghton Quinn of the Nation, to protect such employ­ Bacchus (FL) Hoagland Peterson (FL) Castle Huffington Ramstad ees from improper political solicita­ Clinger Baesler Hochbrueckner Peterson (MN) Hunter Ravenel tions, and for other purposes, with Mr. Barcia Holden Pickett Coble Hutchinson Regula Collins (GA) TORRES in the chair. Barlow Hoyer Pickle Hyde Roberts Barrett (WI) Hughes Pomeroy Combest Inglis Rogers The Clerk read the title of the bill. Crane Inhofe Rohrabacher Becerra Hutto Poshard The CHAIRMAN. Pursuant to the Berman Inslee Price (NC) Crapo Istook Ros-Lehtinen rule, the bill is considered as having Bevill Jacobs Quillen Cunningham Johnson (CT) Roth Bilbray Jefferson Ra.hall DeLay Johnson, Sam Royce been read the first time. Bishop Johnson (GA) Rangel Diaz-Balart Kasich Santorum Under the rule, the gentleman from Blackwell Johnson (SD) Reed Dickey Kim Saxton Doolittle King Schaefer Missouri [Mr. CLAY] will be recognized Bonier Johnson, E. B. Reynolds for 30 minutes, and the gentleman from Borski Johnston Richardson Dornan Kingston Schiff Boucher Kanjorski Ridge Dreier Klug Sensenbrenner Indiana [Mr. MYERS] will be recognized Brewster Kaptur Rose Duncan Knollenberg Shaw for 30 minutes. Brooks Kennedy Rowland Dunn Kolbe Shuster The Chair recognizes the gentleman Browder Kennelly Roybal-Allard Emerson Kyl Skeen Brown (CA) Kildee Rush Everett Lazio Smith (MI) from Missouri [Mr. CLAY]. Ewing Leach Smith (NJ) Brown (FL) Kleczka Sabo 0 1500 Brown (OH) Klein Sanders Fawell Levy Smith(OR) Byrne Klink Sangmeister Fish Lewis (CA) Smith(TX) Mr. CLAY. Mr. Chairman, I yield my­ Foglietta Lewis (FL) Snowe Cantwell Kopetski Sarpalius self such time as I may consume. Cardin Kreidler Sawyer Fowler Lightfoot Solomon Franks (CT) Spence Carr LaFalce Schenk Linder Mr. Chairman, denying any citizen Chapman Lambert Schroeder Franks (NJ) Livingston Stearns the right to free and full participation Gallegly Clay Lancaster Schumer Manzullo Stump Gallo McCandless Talent in the political process is a contradic­ Clement Lantos Scott tion in a democratic government. This Clyburn LaRocco Serrano Gekas McCollum Thomas (CA) Coleman Laughlin Shays Gilchrest McCrery Thomas (WY) is what the Hatch Act has done to mil­ Collins (IL) Lehman Shepherd Gillmor McHugh Torkildsen lions of Federal employees for more Collins (MI) Levin Sisisky Gilman Mcinnis Upton than half a century. H.R. 20, the Fed­ Condit Lewis (GA) Skaggs Gingrich McKeon Vucanovich Cooper Lipinski Skelton Goodlatte McMillan Walker eral Employees Political Activities Act Coppersmith Lloyd Slattery Goodling Meyers Walsh of 1993, restores the most basic aspect Costello Long Slaughter Goss Mica Weldon Grams Michel Wolf of the rights the first amendment was Coyne Lowey Smith (IA) intended to protect to more than 3 mil­ Cramer Machtley Spratt Grandy Miller (FL) Zeliff Danner Maloney Stark Greenwood Molinari Zimmer lion Federal and postal workers. Darden Mann Stenholm Gunderson Moorhead Myers The legislation we are considering de la Garza Manton Stokes Hancock today has a long history. I first intro­ Deal Margolies- Strickland NOT VOTING-18 DeFazio Mezvinsky Studds duced legislation to reform the Hatch De Lauro Markey Stupak Bryant Fields (TX) Roukema Act in 1974. On four separate occasions, Dell urns Martinez Sundquist Clayton Ford (TN) Sharp Conyers Henry Taylor (NC) the House of Representatives has Derrick Matsui Swett passed legislation to significantly re­ Deutsch Mazzoli Swift Cox McDade Valentine Dicks McCloskey Synar Edwards (TX) Roemer Young (AK) move the restrictions on the basic Dingell McCurdy Tanner Evans Rostenkowski Young (FL) rights of Americans. The legislation we Dixon McDermott Tauzin 0 1458 are considering today is virtually iden­ Dooley McHale Taylor (MS) Durbin McKinney Tejeda The Clerk announced the following tical to the bipartisan compromise de­ Edwards (CA) McNulty Thornton pair: veloped by t:Q.e former ranking Repub­ Engel Meehan Thurman On this vote: lican on the Post Office and Civil Serv­ English (AZ) Meek Torres ice Committee, the Honorable GENE English (OK) Menendez Torricelli Mrs. Clayton for, with Mrs. Roukema Eshoo Mfume Towns against. TAYLOR, and myself in 1987. This legis­ Fazio Miller (CA) Traficant So the resolution was agreed to. lation passed the House of Representa­ Fields (LA) Mineta Tucker tives in the 100th Congress by a vote of Filner Minge Unsoeld The result of the vote was announced Fingerhut · Mink Velazquez as above recorded. 305 to 112, and passed the House of Rep­ Flake Moakley Vento A motion to reconsider was laid on resentatives again in the 101st Con­ Ford (MI) Mollohan Visclosky the table. gress by a vote 297 to 90. Frank (MA) Montgomery Volkmer H.R. 20 embodies a very simple prin­ Frost Moran Washington PERSONAL EXPLANATION Furse Morella Waters Mr. TAYLOR of North Carolina. Mr. ciple. No Federal employee should be Gejdenson Murphy Watt Speaker, I regret missing the vote on able to use his or her office to intimi­ Gephardt Murtha Waxman date or interfere in the ability of any Geren Nadler Wheat the rule for H.R. 20. I was unavoidably Gibbons Natcher Whitten detained in a meeting on the Senate other citizen to freely exercise the Glickman Neal (MA) Williams side of the Capitol. Had I been present, right to vote. This legislation contains Gonzalez Neal (NC) Wilson I would have voted against the rule. strict prohibitions, reinforced by Gordon Oberstar Wise criminal sanctions, to preclude any Green Obey Woolsey The SPEAKER pro tempore (Mr. Gutierrez Olver Wyden MAZZOLI). Pursuant to House Resolu­ Federal employee from unduly or im­ Hall(OH) Ortiz Wynn tion 106 and rule XXIII, the Chair de­ properly interfering with any other Hall (TX) Orton Yates citizen's right to vote. H.R. 20 prohibits Hamburg Owens clares the House in the Committee of Hamilton Pallone the Whole House on the State of the Federal employees from engaging in Union for the consideration of the bill any form of political activity while on NOE&-163 H.R. 20. , duty, in a Federal facility, in their uni­ Allard Ballenger Bentley form, or while using any vehicle owned Archer Barrett (NE) Bereuter 0 1459 or leased by the Government. This pro­ Armey Bartlett Bilirakis IN THE COMMITTEE OF THE WHOLE hibition applies to employees of the ex­ Bachus (AL) Barton BUley Baker (CA) Bateman Blute Accordingly the House resolvec,l itself ecutive branch, the competitive serv­ Baker (LA) Beilenson Boehlert into the Committee of the Whole House ice, and the postal service excepting March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3975 only the President, the Vice President, distribute leaflets and brochures on be­ the floor, even though I do disagree and certain high-level political ap­ half of causes and candidates you feel with the procedure that it is coming to pointees. are important. It is the right to stuff the floor under. I would have spoken Under this legislation, Federal and envelopes, work a telephone bank, and against the rule, this modified rule, postal employees cannot use official drive voters to the polls. It is the right whatever you want to call it, if I had authority or influence to interfere with to speak and vote at local, regional, been given the chance. But, because of the result of any election and may not State, and national caucuses and con­ confusion, I did not have the chance to use official information for any politi­ ventions. In short, it is the right to or­ speak at that time, so I am going to cal purpose, unless that information is ganize with like-minded people for the speak very briefly about the rule. otherwise available to the public. To purpose of persuading others of the Mr. Chairman, this is a good bill, de­ ensure that these restrictions have soundness and importance of your own serving of standing on its own. It did meaning, Federal and postal employees political views. That is the essence of not need to have a closed rule, and I do may not knowingly solicit, accept, or democracy. It is the substantive mean­ not think there is any question we receive a contribution from any person ing of the right of free speech, the right would have easily defeated every who does business with or is regulated to assemble, and the right to petition amendment that was going to be of­ by the employee's agency, or has inter­ the Government for redress of griev­ fered. ests that may be affected by the per­ ances. It is a tragedy that a good bill like formance of the employee's duties. Nor Today, there are over 3,000 separate this be tainted by the procedure here. I may any Federal employee solicit or regulatory rulings interpreting and en­ know on the Republican side there are receive a political contribution from a forcing the Hatch Act. In the face of going to be some Members who vote subordinate or offer or provide a politi­ this regulatory morass, Federal and against this because of the procedure, cal contribution to a supervisor. postal workers have little idea as to and I am sorry to see them vote Among other sanctions, employees who just what constitutes unlawful politi­ against something that is good legisla­ violate these provisions may be barred cal activity under the Hatch Act. To tion. They assured me, given the oppor­ from employment in the Federal Gov­ the extent that the law serves any end tunity, they might have voted for some ernment. at all today, it serves to intimidate and of the amendments. While this legislation tightens pro­ discourage Federal and postal employ­ But this bill passed through a week tection to ensure that those who hold ees from engaging in any political ac­ ago, lacking only three votes of having official office do not abuse that office, tivity. Regrettably, both Democratic the necessary two-thirds under the sus­ it also removes existing restrictions on and Republican administrations have pension of the rules. I can recall back the ability of Federal employees, when sought to use the law to muzzle per­ in high school, 50 years ago, studying acting on their own time as private ceived opponents. about the various branches of Govern­ citizens, to engage in partisan political While the Hatch Act has served as an ment in a high school civics class. activity. If there ever was any jus­ irresistible temptation by which an ad­ This, the House of Representatives, tification for limiting the basic first ministration may intimidate and co­ was called the People's House. amendment rights of Federal workers, erce 3 million Federal and postal em­ What has happened to the People's that justification has long since ceased ployees, it has proven to be impotent House today? You, the elected officials, to exist. Since this legislation was en­ in accomplishing the purpose for which the elected Representatives of the peo­ acted in 1939, we have substantially re­ it was enacted-deterring those who ple, are denied the right to offer an formed the civil service system. Fed­ would abuse their official positions in amendment if you want to, and I do eral employees no longer serve at the order to retain power. H.R. 20 ensures not think it is necessary. I never have whim of their immediate supervisor. that Federal and postal employees, as supported a closed rule, with the excep­ An extensive system of law and regula­ well as the public, shall be able to free­ tion of tax laws around here. Tax laws tion, including independent and judi­ ly choose, without fear of intimidation, have to be closed rules, I think, be­ cial review, now exists to ensure that whether they wish to participate in the cause none of us really know enough employment decisions within the Gov­ politics of their country, be it local, about tax legislation to really write ernment are based upon competence State, or national. It better protects legislation. So we have to depend upon rather than patronage. Federal and postal employees from co­ people of expertise. The extension of the franchise is ercion and intimidation intended to But we all understand that we are among the finest chapters in American force political involvement, the kind of trying to free here people who have history. Originally limited to white, abuse the Hatch Act sought to redress. been held down for so many years and male property holders, now every citi­ It also frees Federal and postal employ­ not given an opportunity to participate zen, with the glaring exception of one ees to engage in otherwise lawful polit­ in the political system that all of us class of American citizens, has a right ical activity on their own time, and take for granted. to organize with like minded citizens thus ends the coercive gag imposed Mr. Chairman, the gentleman from and to attempt to persuade other upon them by the Hatch Act today. Missouri [Mr. CLAY] and I have been Americans of the wisdom of their views Free speech and the right to exercise friends for a long time. The gentleman regarding the political future of the a meaningful voice in the selection of spoke about freeing up the people to do Nation. The Hatch Act is one of the one's Government are the foundation what is right politically. Why did the most ignoble laws ever enacted by the of our Republic. These rights are no gentleman not vote today to free up Congress. It denies 3 million American less important to Federal and postal the Members of Congress to have the citizens the right to choose in political employees than they are to women, same political freedom? That is all I activity on behalf of partisan can­ blacks, or any other group of American was begging for. I would have voted didates. In essence, their rights are citizens. I am confident that this Con­ against the amendments. The gen­ limited to the hollow act of choosing gress will provide Federal and postal tleman and I agreed to this. But I just among candidates selected for them by workers with the full political rights to think it is wrong to deny us this. I hate others. Their circumstances are iden­ which they are entitled. I urge you to to pursue this any further, but this is tical to those of average citizens in the vote for H.R. 20. the people's body. I love this place, I old Soviet Union who also had the Mr. Chairman, I reserve the balance love the institution, but it is tragic right to vote, but only among can­ of my time. again this year that of the five bills we didates chosen for. them. Mr. MYERS of Indiana. Mr. Chair­ have had, every one of them has been a Political freedom encompasses much man, I yield myself such time as I may modified rule. more. It is the right to host political consume. The argument can be made, right­ events in your own home for your Mr. Chairman, first I congratulate fully so, that under the rules of the friends and neighbors. It is the right to my chairman for bringing this bill to House technically this was not a closed 3976 CONGRESSIONAL RECORD-HOUSE March 3, 1993 rule. But is sure was not open eith-er, 0 1510 out their official responsibilities with was it? So in my old Indiana vernacu­ Mr. BLACKWELL. Mr. Chairman, impartiality, while having the ability lar here, if it is not open, by gosh, it there are no restrictions on the ability to exercise their political rights on has to be closed. of Members of Congress to fully par­ their own time. The measure we are Mr. Chairman, I think we made a big tici-pate in the political process. In ad­ considering today contains both pen­ mistake. I think this will pass and be­ dition, there are no restrictions on the alties for coercion and protections for come law, but it is too bad it will have ability of staff of the Congress to fully employees. Additionally, a factor not that stain. participate in the political process. present half a century ago but avail­ Mr. Chairman, there have been a Why then do we continue to restrict able today is the broad application of number of arguments in the media and other Federal employees from fully the merit system, which protects over outside of the media. Most of those ar­ participating in the political process? three-quarters of Federal workers and guments have been by those who do not The reason is that the Congress has guarantees open competition and understand what is in the legislation. I simply resisted change. merit-based promotion. think it protests the rights of civil In the House of Representatives, we Accordingly, I urge my colleagues to service employees and postal employ­ have passed Hatch Act reform legisla­ support this measure, and allow 4 mil­ ees to be protected from a supervisor tion on four separate occasions over lion Americans to fully exercise their who might use them for political gain, the last 20 years. We have done our political rights. for political purposes. But it also frees part in the past, we should continue to Mr. CLAY. Mr. Chairman, I yield 2 employees up who work for the civil do our job and pass H.R. 20 today. minutes to the gentleman from Geor­ service or Postal Service. They can run Most Federal employees now operate gia [Mr. BISHOP]. for political office after taking a leave under a strict merit personnel system. Mr. BISHOP. Mr. Chairman, I rise of absence. I think this is a good bill. The days of the spoils system are gone. today in support of the Federal Em­ Mr. Chairman, this is one suggestion We need no longer fear coercion and in­ ployees Political Activities Act, by a local newspaper of an IRS agent timidation as a tool to interfere with H.R. 20. who is auditing an individual, and dur­ the results of elections. More impor­ This stands for the principles that ing that audit comes out and says, "By tantly, this bill retains strict prohibi­ are as basic as the foundations of our the way, taxpayer, I have a friend run­ tions on political activity while on the democracy. They reach down deep, as ning for office. Would you put this sign job. far back as the Boston Tea Party and in your yard?" Federal employees may not engage in the American Revolution. These prin­ Subchapter 3, article 7323, of this bill, political activity while working, while ciples are as basic as the 13th amend­ entitled "Use of Official Influence or in Federal buildings, while in uniform, ment, the 15th amendment, the 19th Official Information; Prohibition," it or while using Government vehicles. In amendment, giving women the right to says an employee may not, directly or addition, it prohibits the use of official vote, the 1965 Voting Rights Act. Inclu­ indirectly, use or attempt to use the information for political purposes, pro­ sion is the name of this game. official authority or influence of the hibits contributions to a superior, and H.R. 20 stands for inclusion in our po­ employee for the purpose of interfering prohibits solicitation of political con­ litical process; inclusion in our democ­ with, and it goes on, intimidating, the tributions from any person who has a racy. word used, threatening, coercing, com­ contractual relationship with an em­ I submit to my colleagues that none manding, influencing, or attempting to ployee's agency. of us in this democracy is free until all intimidate, threaten, coerce, com­ Mr. Chairman, 41 States have already of us are free. None of us is fully em­ mand, or influence. Criminal sanctions done what we propose to do here today. powered politically until all of us are prohibiting such action are there. This bill simply does what the Con­ fully empowered politically. And for 3 Mr. Chairman, I think we have every­ stitution of the United States requires. million people in these United States thing built in here to protect the right It treats all persons equally. to be without the right of full political of the civil service employee against Mr. MYERS of Indiana. Mr. Chair­ participation is to deny freedom to all being coerced or being forced by any­ man; I yield 3 minutes to the gen­ of us. one to do something he did not wish to, tleman from New York [Mr. GILMAN], a So I submit to my colleagues that but also it frees him up to participate very valued member of this committee H.R. 20 is a resolution, is· a law whose in a service. It is something that and a very senior member. time has come. should have been done a long time ago. Mr. GILMAN. Mr. Chairman, I thank It has safeguards. It provides for pen­ Mr. Chairman, the gentleman from the gentleman for yielding time to me. alties, both civil and criminal, in the Missouri [Mr. CLAY] and I have been co­ Mr. Chairman, I am pleased to rise in event of improprieties. But most im­ sponsors of this for a good many years. support of H.R. 20, the Federal Employ­ portantly, it provides for justice, polit­ It has twice passed in this House. Once ees Political Activities Act of 1993, oth­ ical justice for the 3 million Federal it got to the President. George Bush is erwise known as the Hatch Act reform employees in this country who are now a friend of mine. I tried to prevail upon bill. denied the right to participate fully in him last year. I thought he made a Regretably, last week, because of the our electoral process. mistake. He told us he made a cam­ procedural objection to considering I urge this House to please adopt H.R. paign promise that he would not sup­ this measure on the Suspension Cal­ 20. It is the right thing to do. port this legislation. I wish he would endar, the House failed to approve this Mr. MYERS of Indiana. Mr. Chair­ have kept all of his campaign promises Hatch Act reform measure. This proce­ man, I yield 2 minutes to the gen­ though, "Read my lips." I think he dural problem caused an unfortunate tleman from Pennsylvania [Mr. FOGLI­ kicks himself now, too, for maybe setback for our Federal employees who ETTA]. keeping the wrong ones. have waited years, 54 years to be exact, Mr. CLAY. Mr. Chairman, I yield 30 But, nevertheless, I think this is to regain the right to fully participate seconds to the gentleman from Penn­ good legislation. I hope that even those in our political system. sylvania [Mr. FOGLIETTA]. who differ with the procedure, and I However, that undue, prolonged The CHAIRMAN. The gentleman quite agree, it is a wrong procedure, delay is about to end, and I urge my from Pennsylvania [Mr. FOGLIETTA] is will support this very badly needed leg­ colleagues to vote their hearts on this recognized for 2 minutes and 30 sec­ islation, this good legislation. issue. Now that we have considered the onds. Mr. Chairman, I reserve the balance procedural objections, let us lift the Mr. FOGLIETTA. Mr. Chairman, I of my time. Hatch restrictions on Federal employ­ rise today in opposition to H.R. 20. Mr. CLAY. Mr. Chairman, I yield 2 ees. I do not relish the thought of oppos­ minutes to the gentleman from Penn­ Under the provisions of H.R. 20, Fed­ ing this important bill. I commend sylvania [Mr. BLACKWELL]. eral employees will continue to carry Chairman CLAY for his efforts to re- March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3977 form this outdated legislation. And I tions on the abuse of official authority work on this piece of legislation. If we am pleased that our President supports than current law. There have been sug­ look out the back yard of this Capitol, the rights of our Federal workers. gestions that career employees could we will see a large mall and in the mid­ I strongly support the right of the use their governmental positions to in­ dle of that mall is the Washington American worker to participate in our timidate citizens for political purpose. Monument, then the Lincoln Memorial, democracy and the democratic pro­ That is against the law today and will and across the Potomac River is a hill. ceeds. be tomorrow if this bill becomes law. On that hill lies the remains of thou­ There is no reason why a welder in Under the Hatch Act, Government sands of young men and women who the Philadelphia Navy Yard, or a post­ workers are treated like second-class shed their blood on the ground, so that al worker, or virtually any Federal citizens. They are denied their con­ we can enjoy the freedom that this worker should be denied the basic stitutional rights. That is not right. country represents. American right to participate in our I strongly urge my colleagues to vote Mr. Chairman, that is what this bill political process. in favor of this much needed legisla­ is about today. It is about reinstating a However, I believe this bill will cre­ tion. certain class of freedom to a certain class of people; 4 million people who ate opportunities for abuse. I am con­ 0 1520 cerned that officials involved in law have been denied the right to partici­ enforcement, tax audits, and immigra­ Mr. MYERS of Indiana. Mr. Chair­ pate in the political process in this tion investigations would, simply man, I yield 3 minutes to the gentle­ country. through the authority of their posi­ woman from Maryland [Mrs. MORELLA], This bill is that piece of legislation tion, exert pressure on votes and, yes a very valued senior member of this that reinstates that freedom. I encour­ intimidate them. committee. age my colleagues to vote for this leg­ This group makes up a very small Mrs. MORELLA. Mr. Chairman, I islation and to support the Hatch Act. percentage-less than 3 percent-of the thank the gentleman for yielding time Mr. MYERS of Indiana. Mr. Chair­ Federal work force. to me. man, I yield 2 minutes to the gen­ But, I am from Philadelphia-these Mr. Chairman, the Hatch Act is an tleman from North Carolina [Mr. TAY­ types of political pressure are not ab­ anachronism that needs to be re­ LOR]. stract concepts for me. formed. Since 1940, it has become an Mr. TAYLOR of North Carolina. Mr. I am reminded of a scene that ill us­ accumulation of over 3,000 regulations Chairman, first we need to see that trates my concern. that are contradictory, ambiguous, and this is not a bill for the Federal em­ ·several years ago, I saw a group of indeed, confusing, that have deprived 3 ployees, this is a bill to take from the million Federal employees from having Federal employees. police officers streaming out of their I come from a district in which the police stations wearing political but­ a voice in Government. Currently on the job with the the political abuse is so outlined, that tons on their lapels and straw hats when I first ran for the State House of with banners. These men were off duty. Hatch Act one can wear a button advo­ cating a candidate for office, but one Representatives, the day that I filed, But the threat was there for anyone the newspapers covered a report where who saw them: Be for their candidate cannot, in one's own time, host a meet­ the-candidate coffee in one's neighbor­ teachers, and these were State employ­ or incur the wrath of your neighbor­ ees at the time, because the chairman hood policemen. hood, at one's home. Nobody knows what these regulations mean, what the of one party picked the school board Imagine the power of an IRS or F.B.I. and the school board then took care of agent who comes to your door asking effect is; but what a loss, what a loss. Scientists from the National Insti­ political contributions, the report that you vote for or against a particu­ pointed out that these public employ­ lar candidate. tutes of Health, statisticians from the Census Bureau, inspectors from the De­ ees not only had to vote right and had Imagine the power of an INS agent as to contribute right, but they had to he or she campaigns in a certain neigh­ partment of Agriculture, and it goes on and on, all of these people are deprived buy their groceries and their cars from borhood. the right people. Yesterday, I asked the Rules Com­ of the opportunity to be involved in Mr. Chairman, it took us years tore­ mittee to accept my amendment which their own time in their government. form that inside the State of North would exempt these types of workers Currently, the secretary of a depart­ Carolina, to get elected school boards, from this bill. It was denied that oppor­ ment, a Cabinet Secretary, can go off to get the people in the process, and to tunity. I support the rights of the Fed­ and can host a big fundraiser for a can­ get the public employees of that area, eral workers. But, in good conscience, I didate for office, whereas a clerical sec­ off limits to political partisanship that cannot support H.R. 20. retary in that very department is de­ wan ted to take from and abuse those Mr. CLAY. Mr. Chairman, I yield 2 prived of the opportunity to address employees. minutes to the gentleman from Ohio envelopes at night, in his or her own If this bill is passed then we are [Mr. SAWYER]. home, for a candidate running for the going to see the Federal employees but Mr. SAWYER. Mr. Chairman, the leg­ county council. That is wrong. It is fi­ put in the same position where unscru­ islation before us should have passed nally time for us to change it. pulous political leaders, getting inside the House last week. Unfortunately, it This bill, bipartisan, carefully craft­ the system, will use this as a cash cow didn't. But due to the tenacity of the ed after all these years, gives our Fed­ to promote politicians. bill's sponsor-who happens to be our eral employees the right to be involved In 1939, because of the abuses in the committee chairman-we have another and the freedom to not be involved, U.S. senatorial race, this Congress and chance today. with all these safeguards. Forty States the administration of Franklin Roo­ I understand the concerns of those allow their public employees to be in­ sevelt then saw a threat so great that who oppose H.R. 20. But I believe those volved and there have been no prob­ they passed the original Hatch Act. We concerns are unfounded. The Hatch Act lems. are getting ready today to change that. is in need of reform. It is outdated. It Mr. Chairman, our Constitution Mr. Chairman, I am voting "no," and is time to give Federal and postal em­ starts off, "We the people," and not, I hope the rest of this Congress will. ployees the freedom to exercise their "We the people, except for Federal em­ Mr. CLAY. Mr. Chairman, I yield 2 political rights away from the work­ ployees.'' Let us pass the reform of the minutes to the gentleman from Texas place. Hatch Act. [Mr. GENE GREEN]. There's talk on the floor today that Mr. CLAY. Mr. Chairman, I yield 1 Mr. GENE GREEN of Texas. Mr. passage of this legislation would lead minute to the gentleman from Texas Chairman, I would like to thank the to political coercion of career civil [Mr. SARPALIUS]. chairman of the committee and the servants by their superiors. That is not Mr. SARPALIUS. Mr. Chairman, I sponsors of H.R. 20 for allowing me right. H.R. 20 imposes stronger restric- would commend the chairman for his time to address the House. 3978 CONGRESSIONAL RECORD-HOUSE March 3, 1993 Mr. Chairman, how important H.R. 20 right as their neighbor or any other is running for office, we are going to is, we are not talking about groceries non-Federal employee to participate in have to remove you from your job." or automobiles, we are talking about the events that they would like to, as It was an outright threat and intimi­ people's rights. If somebody is forcing any other American. dation that was allowed under the old their employees to buy their groceries 0 1530 Hatch Act, what we are trying to get or buy their cars at a certain location, rid of right here. And I know this story then I think they need to go down to We all have children. Can you imag­ pretty well, because that young man the local district attorney's office and ine telling the Federal worker who is was my son. And the fact is if there is talk to that person, because that is "Hatched" today that either they or any political intimidation going on how we take care of that in Texas. their spouse, because they work for the right now, it is under the old rules. It In Texas, our State employees have Federal Government, cannot have a is saying do not dare go out and par­ these rights. We have restored these role in looking for someone running for ticipate because we will stomp on you; rights, including law enforcement per­ a partisan office like a school board, or we will get you. sonnel, 4 years ago, and have had no a township clerk or trustee? You can­ And in terms of ordinary citizens problems since then. Let me relate the not put up yard signs on a Saturday, being afraid of Federal employees reason that I am here today and a co­ you cannot circulate petitions, even if using their political franchise, I would sponsor of H.R. 20. your spouse is running for office. That remind the opponents of this bill that I know of a 37-year-old letter carrier is wrong, and we need to get with the it was not the IRS agents, the grade 9's who for many years did not have the rest of the other workers across this who made the Nixon hit list for audits. opportunity to get involved in his elec­ land to make that change. It was political appointees who made tions. He voted like a good citizen The point has been made here today the Nixon hit list for audits. would, but that letter carrier wanted and in previous debates that Federal It was not the civil servants who to be involved, but he could not be­ employees are against this Hatch Act went through the State Department cause he was worried about losing his reform, they do not want to be in­ files of the current President. It was job. That letter carrier never did any­ volved. That was not the case for FRED not the civil servants; it was the politi­ thing but go vote, and I think today it UPTON when I was Hatched, and I can cal appointees. And if there is any po­ is so important that we pass this and tell Members and cite for them a whole litical intimidation going on now, it is restore that right for that letter car­ laundry list of the names of folks that by those people in every single agency rier, along with all Federal employees. worked as I did for the Reagan admin­ that are political appointees, not the Mr. MYERS of Indiana. Mr. Chair­ istration. I can cite name and verse of Federal civil servants and post office man, I yield 4 minutes to the gen­ a number of folks that worked their workers. tleman from Michigan [Mr. UPTON}. tails off for President Reagan as a po­ That is why this bill is so sorely Mr. UPTON. Mr. Chairman, I thank litical appointee. needed. We need to have equity in this the gentleman for yielding time to me. And when President Bush was elect­ system and allow Federal employees to I will try to be brief on my statement. ed, and they were off course as political have their franchise back. Mr. Chairman, I have taken a pretty appointees are, they are asked to re­ Mr. MYERS of Indiana. Mr. Chair­ active role on this bill, both today and sign, and many of them then were man, I yield myself 1 minute to com­ last week and in previous years. When asked to carry on under the new ad­ pliment the gentlewoman from Vir­ people back home, including in my of­ ministration, the first question was, ginia for her remarks. fice, think of FRED UPTON, they think "What did you do to help President Most of the citations that have been about deficit reduction, they think Bush?" Well, "I could not do anything. made by the media and others about about what he is doing for southwest­ I was Hatched." "Well, I'm sorry, you the potential violations, the abuse by ern Michigan, and all the many things don't have another job." That's wrong. civil service employees or postal em­ that I have tried to accomplish during, And in your off-hours you ought to be ployees, anyone working for the Fed­ now, my fourth term. able to do what you want, and that is eral Government, can exist today I do not have a lot of Federal employ­ what this bill does. under the existing law. They are ees. This does not have a lot to do with The bill was not perfect. I voted wrong. They would be in violation and reducing the deficit, but what I have against the rule because we were not subject to criminal penalties, but they tried to think about in my role on this able to offer an open rule. But I thank could happen today under the existing bill, and what has driven me to take the Rules Committee for making an law. the role that I have, is that I was once amendment in order that I will later What we are trying to do here is to Hatched. I know what it feels like to be offer with my colleague, the gentleman provide legally and restrict just how a Government employee that is from Pennsylvania [Mr. WELDON], to far those individuals can go by giving Hatched, and you cannot do anything make sure that the Federal Election permission to work within the system when you go home. I think that is ter­ Commission employees stay under the and to exercise their rights that most ribly unfair. old law. And I thank the Rules Com­ of us take for granted. So I compliment I believe in freedom and democracy. I mittee for allowing that amendment. the gentlewoman for her comments. can visualize the other countries of the But we need this. It is long overdue, She is exactly right. Just about every­ world, whether they be Poland or and we ought to give a message to our thing I have seen as criticism as to Central America or other places, that Federal employees that they are want­ why we should not vote for this legisla­ look to our great country as one that ed in the process. tion could exist today and probably stands for freedom and democracy, ex­ Mr. CLAY. Mr. Chairman, I yield 2 does in some instances. But it is wrong, cept, of course, our Federal workers. minutes to the gentlewoman from Vir­ both morally as well as criminally. This is not a repeal of the Hatch Act ginia [Ms. BYRNE], a member of the So I thank the gentlewoman for her that was envisioned back in 1939 or so. Committee on Post Office and Civil comments. This is reform. This has tough pen­ Service. Mr. CLAY. Mr. Chairman, I yield 1 al ties. They are increased over the Ms. BYRNE. Mr. Chairman, a lot has minute to the gentleman from Penn­ present law for those that campaign. been said on this bill about political in­ sylvania, [Mr. COYNE]. They cannot coerce other folks to get timidation and threats to Federal em­ Mr. COYNE. Mr. Chairman, I rise in involved in campaigns. That is wrong, ployees. But I would like to tell Mem­ support of H.R. 20, the Federal Employ­ and there are tough penalties to make bers a story about a young man last ees Political Activities Act of 1993. sure that that does not happen. year who was called into a Federal Mr. Chairman, this bill is long over­ Off-hours, when that employee goes agency and sat down by the special due. The bill simply states that Fed­ home, as I did when I was Hatched, counsel and told, "Young man, if I see eral employees should be permitted to that employee ought to have the same you with a picture of your parent who exercise rights that all our citizens March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3979 have, and that is to participate in the Mrs. SCHROEDER. Mr. Chairman, I ing. It went a lot further than I real­ political process of our country. thank the gentleman for yielding me ized it could. H.R. 20 permits employees of the ex­ this time. Mr. Chairman, I yield 3 minutes to ecutive branch to engage in political Mr. Chairman, as the ranking mem­ the gentleman from Pennsylvania [Mr. activity and to exercise their political ber on Post Office, I want to say how RIDGE], a valued member of this com­ rights. honored I am to be here with commit­ mittee. The legislation would allow Federal tee members on both sides, and it was Mr. RIDGE. Mr. Chairman, I rise workers to run for office and to man­ especially nice to have the gentleman today in strong support of H.R. 20. One age campaigns, to cite but two exam­ from Michigan, one of the younger founding principle of this country was ples of increased participation in the members, to get up and talk about how that all citizens should have the right political process. important the Hatch Act is. to freedom of speech. However, because This bill has a list of prohibited ac­ The rest of us have been out on this of an antiquated law passed in 1939, the tivities and forbids Federal employees floor so many times on this issue that nearly 4 million postal and Federal em­ from in any way using their Federal we begin to feel like broken records. ployees do not currently have the free­ position to influence the electoral I must say that when 1 first got out dom to express their opinions on who process. of law school and began to work for the should govern them. Mr. Chairman, Federal workers NLRB, I was horrified to find out I Can we really say that nothing has should be allowed their rights as citi­ could not participate in anything that changed since 1939? Technology has zens. looked to me like normal civic duty, changed; and yes, even the civil service Their professionalism and the legis­ the things that I thought we were sup­ has changed. Our Government and lation itself will prevent them from posed to be into, and we had crazy peo­ postal employees have proven them­ abusing the exercise of these rights. ple even out measuring bumper stick­ selves worthy of our trust and respect. Mr. Chairman, I urge passage of this ers on people's bumpers to make sure The 1939 law is clearly excessive, clear­ legislation. they were not too big, and they had ly intrusive, not to mention outdated. Mr. CLAY. Mr. Chairman, I yield 2 silly little things about how big signs Postal and Federal workers currently minutes to the gentleman from Ohio could be and whether or not you could must comply with more than 3,000 sep­ [Mr. APPLEGATE]. hammer them in, and could you go to arate regulatory ruling about political your caucus and could you go to your activity on and off the job. Mr. APPLEGATE. Mr. Chairman, I Federal and postal workers cannot just want to thank the chairman of the convention. I mean, it was absolutely host a reception after hours in their committee, the gentleman from Mis­ nuts. People were totally intimidated home for a political candidate. Federal souri [Mr. CLAY], very much for bring­ by this. Supervisors used it as a big and postal workers may attend a poli t­ ing up this most important piece of club over your head. ical rally, but they are forbidden to legislation. When I chaired the subcommittee, carry a sign. Federal and postal em­ I will tell you what this is all about. this came out, and I know the gen­ ployees may write letters to the editor, It is about first amendment rights. tleman from Missouri has reported this but not more than five. Bumper stick­ There is nothing else involved here. out when he was the subcommittee ers and yard signs must comply with That is it. chair, and he is now the full committee size restrictions. These restrictions are In my neighborhood, in my district chair. We have had this on the floor clearly excessive and limit the con­ in Coshocton, OH, the Ku Klux Klan over and over and over again. We keep stitutional rights of those who are em­ has been given a permit to march be­ wondering what is the issue; why is ployed by our own Government. cause the courts have said so. The this country so afraid to allow Federal Under the Hatch Act reform we are Nazis in Illinois in a Jewish neighbor­ employees constitutional rights to par­ considering today, it would still be ille­ hood were given a permit to march be­ ticipate in the electoral system. You gal to do political work on the Federal cause the courts said they had that would think it would be something Government's time. It would still be il­ right. People in this country are al­ that there would be a huge mandate legal to force or coerce a Federal or lowed to burn the U.S. flag because the for. postal employee into political work or courts have said that is a right. And Actually, this has been on this floor to discriminate against those who re­ yet, Federal workers are not allowed to over and over again. We have gotten frain from political involvement. The work on campaigns. They cannot be­ very strong votes for it, but unfortu­ bill does protect the rights of those come involved in the political situa­ nately it keeps getting vetoed and ve­ who choose to remain uninvolved. Any­ tion. But Congress cannot deny all of toed and vetoed. This time it looks like one who misuses official authority or these other things by law because the it might really, really be signed. Federal information could be fined, courts have said this. I think to allow the people who know jailed, or fired. But hardworking Americans, Amer­ so much about this Government and We all know Federal and postal ican Federal employees, good Ameri­ how it works, and they could be the ul­ workers, and I think it is only fair to cans who participate in their commu­ timate political whistleblowers if they say that they have been diligent in nities, are denied first amendment wanted to be, and they have all sorts of their efforts to comply with the letter rights. This is preposterous. They have protections against supervisors coming and the spirit of the Hatch Act. We can been made second-class citizens. down on their heads and doing any­ expect the same response from them if And I will say if it is so bad, if it is thing else, so I think this is a very this reform measure is enacted. so bad that there is fear of coercion or good day, and that this bill might fi­ There has been a great deal of specu­ because of political pressure, then why nally become the law, and Federal em­ lation that public employees' unions does everybody want it? It does not ployees might finally become full-class are out to control the government. make sense. If somebody was going to citizens. However, Federal and postal workers pressure me, I would want to keep I think that is good news for every­ are not sheep who may be led around them out of my life. But Federal em­ body after over 200 years of this Repub­ by some imaginary big brother. They ployees want it. lic. I thank very much the gentleman are individuals. They are patriotic and from Missouri for his leadership on articulate citizens who are knowledge­ 0 1540 this. able about many aspects of the United I think that is America's shame to Mr. MYERS of Indiana. Mr. Chair­ States Government. They deserve a po­ deny part of our citizenry the right to man, I yield myself such time as I may litical voice equal to that of all other the first amendment. consume. Americans, and I, for one, would like to Mr. CLAY. Mr. Chairman, I yield 2 Mr. Chairman, I cannot imagine any hear what they have to say. minutes to the gentlewoman from Col­ Hatch Act being able to stop the gen­ I urge my colleagues on both sides of orado [Mrs. SCHROEDER]. tlewoman from Colorado from speak- the aisle to restore to public servants 3980 CONGRESSIONAL RECORD-HOUSE March 3, 1993 the right of free association and the man of the Committee on Post Office passed civil rights legislation for right to exercise their basic first and Civil Service for his persistence. It groups in our society, like minorities amendment rights by supporting has been my privilege to work with and women, who were discriminated H.R. 20. him for, now, almost 20 years on this against openly and by law in 1939, when Mr. CLAY. Mr. Chairman, I yield 2 legislation, and it was my privilege to this act was written? minutes to the gentleman from Louisi­ precede him as the chairman of this This country has changed. One of the ana [Mr. FIELDS] . committee. blocks that remains from that bad, sad Mr. FIELDS of Louisiana. Mr. Chair­ The most recent occasion upon which time of pre-World War II America is man, Federal employees are among the we passed this legislation was in 1989 the Hatch Act, and we have a chance, most dedicated and hard-working when President Bush vetoed the legis­ by supporting Chairman CLAY and his members of the American work force. lation, and then this House voted to committee, to put this behind us . and They care a great deal about helping to override the veto, and everybody fully get on with the future of America. shape public policy. To that end, they expected that the other body would do Mr. Chairman, I rise to support H.R. 20, should be allowed to actively partici­ the ·same. Then two people who had long overdue legislation that would return to pate in the political process. In fact, voted for the passage of the bill Federal and postal employees the right to par­ the right to assemble and participate changed their vote on the veto override ticipate in the Nation's political process. in the affairs of government is a con­ vote, and it was defeated by that very This is, of course, our second vote on the stitutional right. This body cannot use narrow margin with tremendous lobby­ bill in a week. As last week's vote showed, the arguments of the 1930's to make a ing from the other end of the street. there is overwhelming support for Hatch Act valid case for the Hatch Act in the Now, it is a little different picture, reform, as there was for the virtually identical 1990's. When the act was passed, less because we have a President who has bill passed by the 101 st Congress nearly 4 than 32 percent of the Federal work made a commitment that if we get this years ago. That bill was vetoed by President force was covered by a classified merit bill back in substantially the same Bush, and the veto of the bill that emerged system. Today, almost 80 percent of form to him, he will sign it. And it is from Congress was overridden by the House Federal employees are covered by a about time. We are talking about legis­ but narrowly sustained by the Senate. We look system that protects them from politi­ lation that was politically motivated forward to sending its successor to President cal influence and abuse. We are the in the worst sense of politics when it Clinton for his signature. only democratic nation that prohibits was passed in 1939. There were a num­ This bill was reported from the Post Office its Federal workers from participating ber of Senators who promoted this and Civil Service Committee on a voice vote, in the political process. Keep in mind, from the President's own party who with overwhelming support. It enjoyed a simi­ employees must not engage in political thought that they could use this as a lar level of support when I had the honor to activity while on the job, and they can weapon to defeat that President for re­ chair that committee in 1989. Then, the House not use any official information for po­ election in 1940. There were 11 Senators passed it on suspension with 297 votes in litical purposes, unless that informa­ against whom the President had indi­ favor. tion is available to the public. At a cated his support, and it was thought For far too long Federal employees have time when we are asking our Federal that the WPA workers and the PWA suffered under the yoke of the Hatch Act, workers to bear the double burden of a workers and the others were following which was written for a different time and possible tax hike and a pay freeze, we the President's recommendations, and under far different circumstances. No longer ought not to continue to prohibit them should those who serve their Federal Govern­ the right to participate in our demo­ their revenge was something called the Hatch Act. ment be denied basic rights enjoyed by other cratic process. I urge you to support Americans. H.R. 20. 0 1550 It is important to understand that H.R. 20 we can only have a democracy if we Now, think of 1939, before World War has been developed over succeeding Con­ afford those individuals who work in II. There were no civil rights laws, we gresses, mostly under Republican Presidents the work force as Federal employees to did not have debates in the Congress and now under a Democratic President. It is fully participate by being able to not about the rights of women to be pro­ the product of bipartisan compromise. only voice their vote in the voting tected in the workplace, we did not The bill would give Federal workers the right booth but have the opportunity to also have most of the individual protection to participate fully in the political process-off participate in political activities at laws that have emerged, primarily as a the job. They would be able to manage cam­ their homes and at other places across byproduct of the civil rights movement paigns, solicit contributions, work on phone America. The purpose of this is not to start of the 1960's, none of them. We did not banks, and run for office. But employees any political maneuver with appointees have an integrated military in 1939. would continue to be prohibited from engaging of the Government but to give individ­ That came along 11 years later, 11 in partisan political activity while on duty. The uals an opportunity to fully exercise years after the Hatch Act, before black bill would not turn the Federal workplace into their constitutional right. people could serve on an equal footing a political arena. This is a system that has I ask the Members of this body, in our Army. worked well for many States and even for for­ please, support H.R. 20, because it is in So, the time was different. The cir­ eign governments. the best interest of America and cer­ cumstances were different. The bill contains strong, clear criminal prohi­ tainly in the best interests of the The CHAIRMAN. The time of the bitions of abuses of official influence. It would American workers. At this time, speak­ gentleman from Michigan [Mr. FORD] prohibit employees from intimidating, threaten­ ing of the workers, they have a double has expired. ing, commanding, or coercing any Federal em­ burden, once where we are going to be Mr. MYERS of Indiana. Mr. Chair­ ployee to engage or not engage in any politi­ asking in the very near future these man, I yield 1 additional minute to the cal activity-voting, making political contribu­ Federal employees to pay a tax hike, gentleman from Michigan. tions, working for candidates, or refusing to and we also will be asking them to Mr. FORD of Michigan. I thank the engage in these activities. It would forbid em­ take a freeze in their pay, a double bur­ gentleman for yielding. ployees from giving political contributions to den by the taxpayers on the Federal Mr. Chairman, I suggest this to peo­ their superiors, and forbid superiors from solic­ employees of this country. I ask you to ple who are opposing this legislation iting contributions. In the process, it would pass this act, because it is in the best and saying, " Not now": Do you believe sweep away the quilt of 3,000 rulings on the interests of the Federal employees. that in the America of 1939 you could Hatch Act that have been handed down over Mr. CLAY. Mr. Chairman, I yield 3 pass an act that disenfranchised 3 mil­ the years, replacing it with a simple distinction: minutes to the gentleman from Michi­ lion people for any reason at all from activities on and off the job. gan [Mr. FORD]. the right to vote, after we passed the I want to emphasize that the bill would es­ Mr. FORD of Michigan. Mr. Chair­ voting rights legislation, even ,motor­ tablish criminal penalties. Violators would be man, I want to compliment the chair- voter legislation very recently, and we subject to fines of up to $5,000 or 3 years in March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3981 prison, or both. The bill also authorizes civil legislation, continued to be attached to ment mechanisms including civil and criminal penalties including firing, reduction in grade, it. And when the legislation was penalties. debarment from Federal employment for up to signed, the Hatch Act became the law One thing this bill does not do is politicize 5 years, and fines of up to $1,000. of the land. the Federal work force. Granting Federal It is vital in a democracy to have citizen par­ Fear played a major role in the pas­ workers the right to participate in partisan poli­ ticipation. And that should include all citizens, sage of the Hatch Act. It is, I believe, tics is long overdue. No other country in the without exception for those who happen to a stain on America's cherished right of world restricts the activities of the men and work for Federal agencies. As our democracy freedom of political expression. The women who serve their governments. Why does not compel political participation by any Hatch Act, in my judgment, is a blot should we? group, neither should it forbid it. on the right of America's citizens to be Mr. Chairman, the time has come for us to Since it was passed in 1939, our country politically involved. take action. For far too long, we have refused has paid dearly for the Hatch Act. We have This legislation before us is properly hundreds of thousands. of citizens the right to denied ourselves the benefit of hearing from numbered, it is numbered as H.R. 20, participate in their communities. Let us not fail thousands of our best informed citizens on is­ and it is almost 20 years old and has those who dedicate their lives to serving this sues that come before us. been discussed and debated and consid­ Nation again today. I urge my colleagues to Opponents of the bill point to the conditions ered. Members of Congress have re­ support H.R. 20 without amendments. that led to passage of the Hatch Act as a chief ceived thousands and thousands of rec­ Ms. PELOSI. Mr. Chairman, I rise today in reason for continuing its prohibitions. They ommendations, pro and con, how to im­ strong favor of H.R. 20, the Iiatch Act reform choose to ignore the changes in Government prove the legislation, and H.R. 20 is the bill. The key word here, Mr. Chairman, is re­ and the political environment since then. result. form. The Hatch Act served-a purpose in the As lawmakers it is our duty to ensure that H.R. 20 is grounded in the concept less stabile political climate of the 1930's and Federal laws fit the times. The Hatch Act was that Federal employees should be free 1940's by protecting Federal employees from enacted during a period of rapid expansion of to engage in political activities on being strong-armed into partisan campaign the Federal Government, at the end of the their own time, but should not engage work. Great Depression. in any political activities on the job. Today; the need to protect workers from There was justifiable fear that Federal work­ Let us restore the rights and the re­ such coercion no longer exists. With effective ers could be manipulated by those to whom sponsibilities of political involvement measures in place to protect the rights of they felt they owed their jobs. The Hatch Act to those Americans wno work for the these workers and an alert media closely was created to protect Federal workers from public. monitoring the political activity of all organiza­ the political system and the system from Fed­ Mr. MYERS of Indiana. Mr. Chair­ tions, the Hatch Act has, thankfully, outlived its eral workers. man, I yield myself such time as I may original purpose. Mr. Chairman, this law no longer fits the consume. Today, instead of protecting Federal em­ times. Today, we have a firmly established Mr. Chairman, for those who did have ployees, the Hatch Act serves only to silence merit system that protects both employees a difference in procedure today, I urge them, violating their rights of free speech and and the public from political abuses that might you to support this legislation. It is political association. result from employee political activities. In good legislation. It is long overdue. The bill before us today would ensure the 1939, less than one-third of the Federal work Please support it. protection of Federal employees against politi­ force was under the merit system. Now the Mr. YOUNG of Alaska. Mr. Chairman, I rise cal coercion by clearly defining the prohibitions proportion is more than three-fourths. in support of H.R. 20, the Federal Employees' against the misuse of official authority. H.R. 20 has as its primary proposition the Political Activities Act of 1993. This bill is a bi­ Federal employees and postal workers are belief that Federal employees should be free partisan effort and was unanimously reported an important part of our national work force to engage in any political activity off the job. out of the Committee on Post Office and Civil whose collective input is a necessary thread to I am proud to support that proposition and this Service, and was approved by this body dur­ the very fabric of democracy. To stifle that bill. ing the last Congress. input i::; an injustice. Mr. CLAY. Mr. Chairman, I yield 31/2 The Hatch Act was approved in 1939 and is I urge my colleagues to support H.R. 20, minutes to the gentleman from Mon­ badly in need of revisions. This reform legisla­ which would allow approximately 3 million tana [Mr. WILLIAMS]. tion, I cosponsored, is needed to allow Ameri­ Americans to speak out and exercise their Mr. WILLIAMS. Mr. Chairman, 202 ca's Federal employees the same right as constitutionally guaranteed rights. years ago in this body an attempt was every other citizen-the right to participate in Mr. DICKS. Mr. Chairman, today is a very made, through the proposal of an the political process, without fear of losing special day for employees who work at the amendment, to limit the activities of one's job. Puget Sound Naval Shipyard, Bangor Sub­ public employees, Federal inspectors of In my home State of Alaska, the Federal mqrine Base, Fort Lewis, McChord Air Force distilled spirits. A vote was taken on employees have spoken out loud and clear in Base, and in fact all other Federal facilities the amendment, and it was defeated by favor of this bill. I strongly encourage my col­ across the country. Because today we begin a vote of 21 in favor and 37 against, pri­ leagues in this body to pass this legislation the final lap in a painfully long effort to provide marily on the grounds, and I quote, and restore to Federal employees basic first Federal workers with the basic right to partici­ "This amendment will muzzle the amendment rights to freely participate in our pate as full citizens in the political process of mouths of free men and take away political system and make a positive change this great democracy. We will soon see eman­ their use of reason." for our children and grandchildren. cipation from the unfair and unnecessary re­ Many years later, in the 1930's, with­ Mrs. KENNELLY. Mr. Chairman, I rise today strictions of the Hatch Act. out the benefit of either debate or pub­ in support of H.R. 20, the Federal Employees' Since 1939, a painful irony has existed that lic hearing, the Hatch Act was placed Political Activities Act. We all know that the prevents millions of citizens sworn to protect, into law. Senator Carl Hatch of New legislation now before us has been debated defend, and serve their country from exercis­ Mexico, as I say, without the benefit of for many years now. ing their conscience and good citizenship. It is any public hearings and with almost no Let's talk first about what this bill does. This high time for the Congress and the President comment in the U.S. Senate on his measure permits Federal workers to partici­ to change this anachronism. As the Commis­ amendment, placed his amendment on pate in the political process while still being sion on Political Activities of Government Per­ another piece of legislation, which had shielded from political influence or coercion. sonnel stated in 1968, 'The present Hatch Act nothing to do with the topic, by the This bill eliminates ambiguity in current law. is confusing, ambiguous, restrictive, negative way. This bill provides much clearer definitions of in character, and possibly unconstitutional." 1 That amendment was not voted on in permissible and impermissible activities, and commend my colleagues, Chairman Clay and the U.S. Senate but was simply accept­ establishes strict guidelines for proper con­ fellow Appropriations member JOHN MYERS, ed, came here to the House, received no duct. And this bill builds on protections against for introducing this reform act. And unlike past discussion, no hearings, was not voted influence and abuse provided by the current efforts where the House has passed these re­ on, but nonetheless ~as placed in the merit system by establishing strong enforce- forms only to see them stalled short of enact- .,, I

3982 CONGRESSIONAL RECORD-HOUSE March 3, 1993 ment, it appears that the Congress will at long that the rest of us use freely. When workers in paragraph (3)(C)) or made any expendi­ last provide political equality to our Nation's are at home or finished with work for the day, ture, or has given consent for any other per­ Federal Employees, and the President will they will be able to behave like other Ameri­ son to receive any political contribution sign the bill. cans and, if they choose, distribute leaflets for (other than any such personal services) or make any expenditure, with a view to bring­ The act contains strict protective provisions a candidate or cause, work at a telephone ing about the individual's nomination for and penalties that will prevent civil servants bank, or run for office, as long as their activi­ election, or election, to that office; from intimidation and political favoritism. This ties do not interfere with their job performance. "(3) the term 'political contribution' enforcement includes fines, official rep­ Workers will not, however, be able to use their means any gift, subscription, loan, advance, rimands, reduction in pay grade, removal from office, Government vehicle, or official authority or deposit of money or anything of value, service, and imprisonment. to promote a political cause. To emphasize made for any political purpose, and in­ Opponents of Hatch Act reform cannot claim the seriousness of violating these regulations, cludes- that this matter was brought to the floor on a civil and criminal penalties would be put in "(A) any contract, promise, or agreement, fast track. Similar legislation was approved by express or implied, whether or not legally place to enforce the provisions of H.R. 20. enforceable, to make a contribution for any the House during the 1Oath and 101 st Con­ The Federal Employees' Political Activities political purpose; gresses, and although a bill was not reported Act of 1993 sets simple and fair guidelines for "(B) any payment by any person, other to the floor during the 102d Congress, the Federal employees and postal workers. Let's than a candidate or a political party or af­ question was thoroughly aired by the Commit­ be fair and pass this bill quickly so that Amer­ filiated organization, of compensation for tee on Post Office and Civil Service. I encour­ ican workers can receive the long-awaited re­ the personal services of another person age my colleagues to end this sanctioned sec­ form that they deserve. which are rendered to any candidate or polit­ ond-class citizenship. Vote for H.R. 20 and Mr. MYERS of Indiana. Mr. Chair­ ical party or affiliated organization without charge for any political purpose; and free Federal employees from our current un­ man, I have no requests for time, and I "(C) the provision of personal services for just law. yield back the balance of my time. any political purpose; Mr. LIGHTFOOT. Mr. Chairman, I rise today Mr. CLAY. Mr. Chairman, I have no "(4) the term 'superior' means any em­ to express my support for reforming the Hatch further requests for time, and I yield ployee who exercises supervision of, or con­ Act for Federal employees. This law unfairly back the balance of my time. trol or administrative direction over, an­ restricts certain U.S. citizens from exercising The CHAIRMAN. All time has ex­ other employee; their rights of free speech and free assembly pired. "(5) the term 'elective office' means any granted under the Constitution. The Hatch Act Pursuant to the rule, the bill is con­ elective public office and any elective office is contradictory, vague, and outdated. of any political party or affiliated organiza­ sidered as read for amendment under tion; However, the Hatch Act must remain in the 5-minute rule. "(6) the term 'person' includes any individ­ place for employees of the Federal Election The text of H.R. 20 is as follows: ual, corporation, trust, association, State, Commission, the Internal Revenue Service, H.R. 20 local, or foreign government, territory or and those Federal employees who work for Be it enacted by the Senate and House of Rep­ possession of the United States, or agency or regulatory and enforcement agencies. Imagine resentatives of the United States of America in instrumentality of any of the foregoing; and having someone appear at your door asking Congress assembled, "(7) the term 'Special Counsel' means the for a political contribution and then finding out SECTION 1. SHORT TITLE. Special Counsel appointed under section shortly thereafter that person is an IRS official This Act may be cited as the "Federal Em­ 1211(b). auditing your tax returns. Federal employees ployees Political Activities Act of 1993". "§ 7323. Use of official influence or official in­ in the regulatory and enforcement agencies SEC. 2. POLITICAL ACTIVITIES. formation; prohibition are able to exert influence over private citizens (a) IN GENERAL.- Subchapter III of chapter "(a) An employee may not directly or indi­ rectly use or attempt to use the official au­ which other Federal employees cannot do. 73 of title 5, United States Code, is amended to read as follows; thority or influence of the employee for the I had been a long-time opponent of reform­ purpose of- "SUBCHAPTER III-POLITICAL ing the Hatch Act. I had been concerned that "(1) interfering with or affecting the result Federal employees could not be adequately ACTIVITIES of any election; or protected against coercion by their bosses and "§ 7321. Political participation "(2) intimidating, threatening, coercing, I still believe we must be vigilant about such "It is the policy of the Congress that em­ commanding, influencing, or attempting to pressures. However, after speaking to a num­ ployees should be encouraged to exercise intimidate, threaten, coerce, command, or ber of constituents who are Federal employ­ fully, freely, and without fear of penalty or influence- reprisal, and to the extent not expressly pro­ "(A) any individual for the purpose of ees, I believe their right not to participate will hibited by law, their right to participate or interfering with the right of any individual be protected. However, it is imperative and to refrain from participating in the political to vote as the individual may choose, or of necessary that Federal employees in the regu­ processes of our Nation. causing any individual to vote, or not to latory and enforcement agencies be exempted "§ 7322. Definitions vote, for any candidate or measure in any from this reform. " For the purpose of this subchapter- election; I believe proper reform of the Hatch Act will "(1) the term 'employee' means any indi­ "(B) any person to give or withhold any po­ allow Federal employees in agencies not in­ vidual- litical contribution; or volved in regulations or enforcement to ac­ "(A) employed or holding office in an Exec­ "(C) any person to engage, or not to en­ gage, in any form of political activity. tively engage in the political process and to utive agency, other than the General Ac­ "(b) An employee may not directly or indi­ exercise their rights as American citizens while counting Office; or rectly use or attempt to use, or permit the maintaining the integrity and public trust of the "(B) employed in a position within the use of, any official information obtained civil service. competitive service which is not in an Exec­ through or in connection with such employ­ utive agency; Mrs. COLLINS of Illinois. Mr. Chairman, I ee's employment for any political purpose, rise in support of H.R. 20, the Federal Em­ but does not include the President or the unless the official information is available to Vice President, or a member of the uni­ ployees' Political Activities Act of 1993. This the general public. formed services; "(c) For the purpose of subsection (a), 'use bill, which amends the Hatch Act of 1939, is "(2) the term 'candidate' means any indi­ of official authority or influence' includes- a biH whose time has come. For too long, Fed­ vidual who seeks nomination for election, or "(1) promising to confer or conferring any eral employees have been shut out or unclear election, to any elective office, whether or benefit (such as any compensation, grant, about their right to participate in the political not the individual is elected, and, for the contract, license, or ruling) or effecting or process. H.R. 20 solves this problem by clear­ purpose of this paragraph, an individual threatening to effect any reprisal (such as ly defining which activities Federal employees shall be considered to seek nomination for deprivation of any compensation, grant, con­ and postal workers can participate .in and election, or election, to an elective office, if tract, license, or ruling); or the individual has- which ones they can't. "(2) taking, directing others to take, rec­ "(A) taken the action required to qualify ommending, processing, or approving any Beyond establishing much needed defini­ for nomination for election, or election, to personnel action. tions for Federal employees, H.R. 20 ensures that office; or "(d) Nothing in this section shall be con­ that Federal and postal workers have the right "(B) received any political contribution sidered to apply with respect to any actions to exercise the political rights and freedoms (other than any personal services described if, or to the extent that, such actions are March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3983 taken in order to carry out the duties and re­ "(b)(1) An employee described in paragraph (4) Section 1216(c) of title 5, United States sponsibilities of one's position. (2) may engage in political activity other­ Code is amended- "§ 7324. Solicitation; prohibition wise prohibited by subsection (a) if the costs (A) by striking paragraph (1); and associated with that political activity are (B) in paragraph (2), by striking "(2) If" "(a) An employee may not- not paid for by money derived from the and inserting "If". "(1) give or offer to give a political con­ Treasury of the United States. (C) AMENDMENTS TO TITLE 18.-(1) Section tribution to any individual either to vote or "(2) Paragraph (1) applies to an employee­ 602 of title 18, United States Code, relating refrain from voting, or to vote for or against "(A) the duties and responsibilities of to solicitation of political contributions, is any candidate or measure, in any election; whose position continue outside normal duty amended- "(2) solicit, accept, or receive a political hours and while away from the normal duty (A) by inserting "(a)" before "It"; contribution to vote or refrain from voting, post; and (B) by striking all that follows "Treasury or to vote for or against any candidate or " (B) who is- of the United States" and inserting a semi­ measure, in any election; "(i) paid from an appropriation for the Ex­ colon and the following: "(3) knowingly give or hand over a politi­ ecutive Office of the President; or "to knowingly solicit any contribution with­ cal contribution to a superior of the em­ "(ii) appointed by the President, by and ployee; or in the meaning of section 301(8) of the Fed­ with the advice and consent of the Senate eral Election Campaign Act of 1971 from any "(4) knowingly solicit, accept, or receive, whose position is located within the United or be in any manner concerned with solicit­ other such officer, employee, or person. Any States, who determines policies to be pur­ person who violates this section shall be ing, accepting, or receiving, a political con­ sued by the United States in its relations . tribution- fined under this title or imprisoned not more with foreign powers or in the nationwide ad­ than three years, or both."; and "(A) from another employee (or a member ministration of Federal laws. of another employee's immediate family) (C) by adding at the end the following: with respect to whom the employee is a su­ "§ 7326. Candidates for elective office; leave "(b) The prohibition in subsection (a) shall perior; or "(a) Except as provided in subsection (c), not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any in­ "(B) in any room or building occupied in an employee who is a candidate shall, upon the discharge of official duties by- the request of the employee, be granted leave dividual employed in or under the United "(i) an individual employed or holding of­ without pay for the purpose of allowing the States Postal Service or the Postal Rate fice in the Government of the United States; employee to engage in activities relating to Commission, unless that activity is prohib­ or that candidacy. ited by section 7323 or 7324 of that title.". "(ii) an individual receiving any salary or "(b) Notwithstanding section 6302(d), and (2) Section 603 of title 18, United States compensation for services from money de­ except as provided in subsection (c), an em­ Code, relating to making political contribu­ rived from the Treasury of the United ployee who is a candidate shall, upon the re­ tions, is amended by adding at the end there­ States. quest of the employee, be granted accrued of the following new subsection: annual leave for the purpose of allowing the "(c) The prohibition in subsection (a) shall "(b)(1) In addition to the prohibitions of not apply to any activity of an employee (as subsection (a), an employee may not know­ employee to engage in activities relating to ingly solicit, accept, or receive a political that candidacy. Leave under this subsection defined in section 7322(1) of title 5) or any in­ shall be in addition to leave without pay to dividual employed in or under the United contribution from, or give a political con­ States Postal Service or the Postal Rate tribution to, any person who- which the employee may be entitled under "(A) has, or is seeking to obtain, contrac­ subsection (a). Commission, unless that activity is prohib­ ited by section 7324 of that title.". tual or other business or financial relations "(c) A request for leave submitted under subsection (a) or (b) may be denied if the ex­ (d) AMENDMENTS TO THE VOTING RIGHTS ACT with the agency in which the employee is OF 1965.-Section 6 of the Voting Rights Act employed; igencies of the public business so require. Any such denial shall be in writing and shall of 1965 (42 U.S.C. 1973d) is amended by strik­ "(B) conducts operations or activities ing out "the provisions of section 9 of the which are regulated by that agency; or be accompanied by a statement of the rea­ sons why the request is being denied. Act of August 2, 1939, as amended (5 U.S.C. "(C) has interests which may be substan­ 118i), prohibiting partisan.political activity" tially affected by the performance or non­ "(d) An employee may not be required to take leave without pay under subsection (a), and by inserting in lieu thereof "the provi­ performance of the employee's official du­ sions of subchapter ill of chapter 73 of title ties. or accrued annual leave under subsection (b), in order to be a candidate, unless the activi­ 5, United States Code, r~lating to political "(2) The Special Counsel shall prescribe activities". regulations which exempt an employee from ties relating to the candidacy interfere with the employee's performance of the duties of (e) APPLICABILITY TO POSTAL OFFICERS AND the application of paragraph (1) with respect EMPLOYEES.- to any political contribution to or from an the position. "§ 7327. Regulations (1) IN GENERAL.-The amendments made by individual who has a familial or personal re­ this section, and any regulations thereunder, lationship with the employee if the employee "The Special Counsel shall prescribe any shall apply with respect to officers and em­ complies with such requirements as the Spe­ rules and regulations necessary to carry out this subchapter.". ployees of the United States Postal Service cial Counsel shall so prescribe which relate and the Postal Rate Commission, pursuant to the disqualification of the employee from (b) TECHNICAL AND CONFORMING AMEND­ MENTS.-(1) Section 3302(2) of title 5, United to sections 410(b) and 3604(e) of title 39, Unit­ engaging in any official activity involving ed States Code. the individual. States Code, is amended by striking "7203, 7321, and 7322" and inserting "and 7203" . (2) INVESTIGATIVE AND ENFORCEMENT AU­ "(3) The Special Counsel shall prescribe THORITY.-The Special Counsel (appointed regulations under which paragraph (1) shall (2)(A) Sections 8332(k)(1), 8706(c), and 8906(e)(2) of title 5, United States Code, are under section 12ll(b) of title 5, United States not apply with respect to any political con­ Code) may conduct investigations and seek tribution from a person in situations in each amended by inserting immediately after " who enters on" the following: "leave disciplinary action with respect to any offi­ which the facts and circumstances indicate cer or employee referred to in paragraph (1) there would not be any adverse effect on the without pay granted under section 7326(a) of this title, or who enters on". in accordance with applicable provisions of integrity of the Government or the public's chapter 12 of such title. confidence in the integrity of the Govern­ (B) Section 8411(e) of title 5, United States ment. Code, is amended by inserting immediately SEC. 3. EFFECTIVE DATE. before "approved leave without pay" the fol­ (a) IN GENERAL.-The amendments made by "§ 7325. Political activities on duty, etc.; pro­ lowing: "leave without pay granted under this Act shall take effect 120 days after the hibition section 7326(a) of this title, or". date of the enactment of this Act, except "(!:!.) An employee may not engage in politi­ (3) The section analysis for subchapter III that the authority to prescribe regulations cal activity- of chapter 73 of title 5, United States Code, granted under section 7327 of title 5, United "(1) while the employee is on duty; is amended to read as follows: States Code (as added by section 2 of this "(2) in any room or building occupied in "SUBCHAPTER ill- POLITICAL Act), shall take effect on the date of the en­ the discharge of official duties by an individ­ ACTIVITIES actment of this Act. ual employed or holding office in the Gov­ "7321. Political participation. (b) PENALTIES NOT AFFECTED.-Any repeal ernment of the United States or any agency "7322. Definitions. or amendment made by this Act of any pro­ or instrumentality thereof; "7323. Use of official influence or official in­ vision of law shall not release or extinguish "(3) while wearing a uniform or official in­ formation; prohibition. any penalty, forfeiture, or liability imposed signia identifying the office or position of "7324. Solicitation; prohibition. under that provision, and that provision the employee; or " 7325. Political activities on duty, etc.; pro­ shall be treated as remaining in force for the "(4) using any vehicle owned or leased by hibition. purpose of sustaining any proper proceeding the Government of the United States or any " 7326. Candidates for elective office; leave. or action for the enforcement of that pen­ agency or instrumentality thereof. " 7327 . Regulations.". alty, forfeiture, or liability. 3984 CONGRESSIONAL RECORD-HOUSE March 3, 1993 (c) PENDING PROCEEDINGS NOT AFFECTED.­ [Mr. UPTON] will be recognized for 15 H.R. 20 as ultimately passed by the No provision of this Act shall affect any judi­ minutes, and a Member opposed will be lOlst Congress, included language pro­ cial or administrative proceeding com­ recognized for 15 minutes. hibiting FEC employees from engaging menced on or before the effective date of the amendments made by this Act. Orders shall The Chair recognizes the gentleman in partisan political activity. Further­ be issued in such proceedings and appeals from Michigan [Mr. UPTON]. more, the Commissioners of the Fed­ shall be taken therefrom as if this Act had Mr. UPTON. Mr. Chairman, I yield eral Election Commission specifically not been enacted. myself such time as I may consume. asked that Federal Election Commis­ The CHAIRMAN. No amendments to Mr. Chairman, I offer this amend­ sion employees remain under the re­ the bill are in order except the amend­ ment with my good friend and col­ strictions of the Hatch Act. ments printed in House Report 103-24, league, the gentleman from Pennsylva­ For these reasons, I urge my col­ which may be offered only in the order nia [Mr. WELDON]. I will be brief. leagues to support this common sense printed and by the named proponent, Mr. Chairman, I am not aware of amendment which serves to protect shall be considered as read, shall not be Members who are opposed to our Federal employees while restoring subject to amendment, except as speci­ amendment. This amendment simply their basic rights of political expres­ fied in House Report 103-24, and shall maintains current law with regard to sion. Hatch Act reform is necessary, not be subject to a demand for division restrictions on Federal Election Com­ this amendment makes this reform ef­ of the question. Debate on each amend­ mission employees, and I think it is fort more responsible and appropriate. quite obvious that partisan politics Mr. Chairman, I insert the following ment will be equally divided and con­ letter into the RECORD at this point: trolled by the proponent and an oppo­ should not have a place where FEC em­ nent of the amendment. ployee responsibilities are concerned. FEDERAL ELECTION COMMISSION, Once a candidate's Federal Election Washington, DC, February 18, 1993. AMENDMENT OFFERED BY MR. UPTON Commission report filing is brought Hon. WILLIAM L . CLAY, Chairman, Mr. UPTON. Mr. Chairman, I offer into question, he or she can usually be Hon. JOHN T. MYERS, Ranking, amendment No.2. assumed to be guilty, even before an Committee on Post Office and Civil Service, The CHAIRMAN. The Clerk will des­ House of Representatives, Cannon House ignate the amendment. investigation begins, and if this amend­ Office Building, Washington, DC. The text of the amendment is as fol­ ment is not adopted, could open up a DEAR CONGRESSMEN CLAY AND MYERS: It is lows: can of worms that I do not think any­ my understanding that as early as next one really wants to get into. week, the House of Representatives will vote Amendment offered by Mr. UPTON: on H.R. 20, the " Hatch Act Reform Amend­ Page 12, strike line 8, and insert the follow­ Mr. Chairman, I urge my colleagues to lend their support to this amend­ ments of 1993. " The members of the Federal ing: Election Commission (FEC) would like to re­ "§ 7327. Continued applicability of former ment. iterate to you our deep concern about the provisions Mr. Chairman, I yield 5 minutes to consequences for this agency of proposed leg­ "(a) This subchapter shall, with respect to the gentleman from Pennsylvania [Mr. islation revising "Hatch Act" restrictions employees of the Federal Election Commis­ WELDON]. upon political activity by federal workers. sion, be administered in accordance with the Mr. WELDON. I thank the gentleman We would respectfully request that an excep­ following: for yielding time to me. tion be drawn for employees of the Federal " (1) The provisions of this subchapter (as Mr. Chairman, I rise today to speak Election Commission in any legislation in­ amended by the Federal Employees Political in support of an amendment to H.R. 20, tended to liberalize or relax the rules prohib­ Activities Act of 1993) shall be deemed to the Political Activities Act of 1993. iting federal employees' participation in po­ have no force or effect, except for this sec­ litical campaigns outside the workplace. tion. This amendment is designed to specifi­ Congress established the Commission as a "(2) The provisions of this subchapter (as cally address a concern that Members bipartisan body to administer and enforce last in effect before the amendments made raised last week when H.R. 20 was de­ federal election laws free of partisan or po­ by the Federal Employees Political Activi­ feated under suspension. I did vote for litical considerations. Permitting active po­ ties Act of 1993 took effect) shall be deemed H.R. 20 under suspension last week, litical involvement by employees of the to have remained in effect, except for former Commission, even outside the work environ­ however, I did so with reservation. I be­ ment, could only serve to compromise the section 7325. lieve that with this amendment, Mem­ "(b) For purposes of applying the provi­ capacity of the agency's staff to perform sions of chapter 12 which relate to the au­ bers that might otherwise hesitate to their job responsibilities in a non-partisan thority of the Special Counsel to conduct in­ vote for Hatch Act reform will feel con­ manner. The perception that Commission vestigations, and to seek corrective or dis­ fident that they are voting for a re­ employees are or may be engaged in partisan ciplinary action, in connection with any mis­ sponsible and sensible piece of legisla­ political activity, even on their own time, conduct under this subchapter, and for pur­ tion. would severely undermine public confidence poses of any other provision of law, this sub­ Under H.R. 20, all Federal employees in our ability to properly and fairly carry chapter shall, to the extent it is being ap­ out the mandate Congress has given us. are treated similarly providing that The members of the Commission certainly plied with respect to employees of the Fed­ any Federal employee may engage in have no objections to those provisions of the eral Election Commission, be construed in otherwise lawful partisan political ac­ act meant to strengthen restrictions upon accordance with subsection (a). tivity on their own time, and away " on the job" behavior related to political ac­ "§ 7328. Regulations from the job. This amendment carves tivity. In fact, the FEC's own rules and regu­ Page 13, in the matter after line 3, strike out the employees of the Federal Elec­ lations regarding political activity on the the item relating to section 7327 and insert job go beyond those currently imposed by the following: tion Commission and provides that the Hatch Act. Furthermore, we wish to ex­ these employees continue to be subject " 7327. Continued applicability of former pro­ press no opinion as to the appropriateness of visions. to the provisions of the Hatch Act as it the proposed legislation as it may be applied " 7328. Regulations.". presently exists. The amendment also to and impact upon the federal workforce Page 13, strike lines 7 and 8, and insert the includes authority for the Office of generally . The special exception for employees of the following: Special Counsel to enforce the law with Commission will enable our agency to con­ (B) in paragraph (2)- regard to employees of the FEC. Unlike (i) by striking "(2) If" and inserting " If''; tinue to fulfill our particularly sensitive role other Federal employees, employees of in the political process with uncompromised and the FEC are uniquely involved in regu­ (ii) by inserting "(1)," before "(3), " . impartiality and credibility. Page 13, after line 8, insert the following: lating the electoral process and the ac­ Sincerely, (5) Section 1501(1) of title 5, United States tivities of the Federal candidate. For SCOTT E. THOMAS, Code, is amended by inserting ", the District this reason, it is necessary to maintain Chairman. of Columbia," after " State". the Hatch Act restrictions on Federal Mr . CLAY. Mr. Chairman, will the Page 15, line 20, str ike " 7327" and insert Election Commission employees. gentleman yield? " 7328". The companion bill in the Senate Mr. WELDON. I yield to the chair­ The CHAIRMAN. Pursuant to the contains similar language to that pro­ man of the committee, the gentleman rule, the gentleman from Michigan posed by this amendment. In addition, from Missouri [Mr. CLAY]. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3985 Mr. CLAY. I thank the gentleman for "(4) An employee may not be required to only. This amendment will give Federal em­ yielding. take leave without pay under paragraph ployees the most treasured political right-that Mr. Chairman, I rise in support of the (2)(A), or accrued annual leave under para­ to run for local school board or serve as a se­ graph (2)(B), in order to be a candidate, un­ lectman-without compromising the apolitical amendment, and we will accept it on less the activities relating to the candidacy this side. interfere with the employee's performing the nature of our Federal work force. Mr. MYERS of Indiana. Mr. Chair­ duties of such employee's position. I thank the chairman of the Post Office and man, will the gentleman yield? Civil Service Committee, BILL CLAY, and rank­ The CHAIRMAN. Under the rule, the ing member JOHN MYERS for their leadership Mr. WELDON. I yield to the gen­ gentlewoman from Connecticut [Mrs. tleman from Indiana [Mr. MYERS]. on Hatch reform. Unfortunately, the bill as cur­ JOHNSON] will be recognized for 15 min­ rently written will not pass the Senate. In the Mr. MYERS of Indiana. I thank the utes and a Member opposed will be rec­ gentleman for yielding. 101 st Congress the Senate opposed allowing ognized for 15 minutes. Federal employees to run for office at all lev­ Mr. Chairman, this amendment is ac­ The Chair recognizes the gentle­ ceptable to both sides, I am quite sure, els because they fear it opens the door to the woman from Connecticut [Mrs. JoHN­ kind of abuse and intimidation that led to the as the gentleman from Missouri [Mr. SON]. CLAY] has already said. It makes a passage of the original Hatch Act. Yet, the Mrs. JOHNSON of Connecticut. Mr. Senate would allow Federal employees to run good bill even better. Chairman, this amendment does sig­ Mr. WELDON. I thank the gentlemen for political office like State party chairman. nificantly change the bill, but, I think, Mr. Chairman, I would make two points. for their cooperation in bringing this for good reason. This amendment will to the floor. First, I have never once had a Federal em­ prohibit Federal employees from run­ ployee ask for the right to be deputy town The CHAIRMAN. The question is on ning for State or Federal office, but the amendment offered by the gen­ committee chairman, or even State party will reserve to them the right to run chairman, but I have had Federal employees tleman from Michigan [Mr. UPTON]. for local office; that is, town or county The amendment was agreed to. implore me to let them run for the school office. board, the county council, a town selectman or 0 1600 We act here today not in a vacuum, selectwoman. Second, the intimidation con­ AMENDMENT OFFERED BY MRS. JOHNSON OF and those of us who voted for Hatch cern is no issue at all in local elections. The CONNECTICUT Act reform last time remember that it vast majority of Federal employees work in Mrs. JOHNSON of Connecticut. Mr. went into the conference committee cities, and live in suburbs and small towns. Chairman, I offer an amendment. and the other body adamantly opposed Very few of the people they work with live in The CHAIRMAN. The Clerk will des­ granting Federal employees the right their towns so intimidating them to vote won't ignate the amendment. to run for political office, gave them help. While intimidation is possible in State The text of the amendment is as fol­ instead the right to run for State party and Federal contests, it cannot be used to win lows: offices, for local party offices, but not local races. Amendment offered by Mrs. JOHNSON of to do the kind of public service that The Johnson amendment gives Federal em­ Connecticut: Federal employees want to do. ployees what they want most-the right to run Page 11 , strike line 8 and all that follows Mr. Speaker, I have never once had a for local office. Every group of Federal em­ through page 12, line 7, and insert the follow­ Federal employee come into my office ployees who has discussed this issue with me ing: and ask me to gain for them the right have stated that they want to be able to run "§ 7326. Candidates for elective office; leave to serve as the local town chairman or for local offices, such as school board or town " (a) Except as provided in subsection (b), the State party chairman, but I have council. And these are people who are dedi­ an employee may not seek nomination for had hundreds of Federal employees cated to public service, who understand how election, or election, to any Federal or come into my office and implore me to important government is to the operation. Re­ Statewide elective public office. find a way for them to be able to serve sponsible Hatch reform must allow these peo­ "(b) Subsection (a) shall not prohibit an on their local board of education to employee from seeking nomination for elec­ ple to serve their local communities in this tion, or election, to an elective public office govern the schools that their children manner. By stripping this bill down to the core if no person is seeking to be nominated for, go to. issues, I hope the other body will support us or elected to, such office as the candidate of Mr. CLAY. Mr. Chairman, will the and accept the right to serve in local political a party any of whose candidates for presi­ gentlewoman yield? office, not partisan party offices. dential elector received votes in the last pre­ Mrs. JOHNSON of Connecticut. I Once President Clinton signs a Hatch Act ceding election at which presidential elec­ yield to the gentleman from Missouri. reform bill into law, we will not visit the issue tors were selected. Mr. CLAY. Mr. Chairman, I think again for many years. Knowing how the Sen­ " (c) The standards applicable under section this is a good amendment. It will help ate stands on this issue, if we want Federal 7322(2) in determining whether an individual to improve the bill, and we will accept is seeking nomination for election, or elec­ employees to be able to run for office at all, tion, to an office shall apply for purposes of it on this side. it is critical that we present the Senate with a making any such determination under this Mrs. JOHNSON of Connecticut. Mr. responsible compromise bill. If we pass a bill section. Chairman, I thank the gentleman from that allows Federal employees to run for all " (d)(l) This subsection shall apply with re­ Missouri [Mr. CLAY] for his support. levels of political office, the Senate will cer­ spect to a candidate for any elective office, Mr. MYERS of Indiana. Mr. Chair­ tainly gut that language. But if we pass my except that, in the case of an elective public man, will the gentlewoman yield? compromise amendment and work with the office, this subsection shall not apply unless Mrs. JOHNSON of Connecticut. I Senate, we can test Hatch reform on this lim­ the office is one which may be sought by the yield to the gentleman from Indiana. ited scale and consider further reforms in the employee involved under the preceding pro­ Mr. MYERS of Indiana. Mr. Chair­ future on the basis of experience. visions of this section. man, I thank the gentlewoman from "(2) Except as provided in paragraph (3), an The original Hatch Act's aim, a Federal civil employee who is a candidate shall, upon the Connecticut [Mrs. JOHNSON] for offer­ service independent of Federal electoral poli­ request of the employee, and for the purpose ing this amendment. It is one we have tics, is as necessary and desirable today as it of allowing the employee to engage in activi­ discussed but we had not put in the was 50 years ago. But we need not sacrifice ties relating to that candidacy- bill. We thank the gentlewoman for it, the legitimate desire of Federal workers to " (A) be granted leave without pay; and and we accept it on this side, too. pursue local civic and political interests that do "(B) notwithstanding section 6302(d), be Mrs. JOHNSON of Connecticut. Mr. not conflict or interfere with their duties. granted accrued annual leave. Chairman, I thank the gentleman from The Johnson amendment makes sense and "(3) A request for leave under subpara­ Indiana [Mr. MYERS], and I submit the graph (A) or (B) of paragraph (2) may be de­ will promote responsible Hatch reform. I ask nied if the exigencies of the public business rest of my statement for the RECORD. you to join me in supporting this amendment. so require. Any such denial shall be in writ­ Mr. Chairman, as a strong advocate for re­ The CHAIRMAN. The question is on ing and shall be accompanied by a statement sponsible Hatch reform, I urge Members to the amendment offered by the gentle­ of the reasons why the request is being de­ support my amendment to give Federal em­ woman from Connecticut [Mrs. JOHN­ nied. ployees the right to run for local political office SON]. 3986 CONGRESSIONAL RECORD-HOUSE March 3, 1993 The amendment was agreed to. Everett Lewis (CA) Rose DeLay Hutchinson Packard Fazio Lewis (GA) Roth Doolittle Inglis Pa.xon The CHAIRMAN. Under the rule, the Fields (LA) Lipinski Rowland Dornan Inhofe Pombo Committee rises. Filner Livingston Roybal-Allard Dreier Istook Porter Accordingly the Committee rose, and Fingerhut Lloyd Rush Dunn Johnson, Sam Roberts the Speaker pro tempore (Mr. McNUL­ Fish Long Sabo Ewing Kim Rogers F,'lake Lowey Sanders Fawell Kingston Rohrabacher TY) having assumed the chair, Mr. Ford (Ml) Machtley Sangmeister Foglietta Knollenberg Royce TORRES, Chairman of the Committee of Frank (MA) Maloney Santorum Fowler Kyl Schiff the Whole House on the State of the Franks (NJ) Mann Sarpalius Franks (CT) Leach Sensenbrenner Union, reported that that Committee, Frost Manton Sawyer Gallegly Lewis (FL) Shuster Furse Margolies- Saxton Geka.s Lightfoot Smith (Ml) having had under consideration the bill Gallo Mezvinsky Schaefer Gingrich Linder Smith (TX) (H.R. 20) to amend title 5, United Gejdenson Markey Schenk Grams Manzullo Snowe States Code, to restore to Federal ci­ Gephardt Martinez Schroeder Greenwood McCandless Stearns Geren Matsui · Schumer Hancock McCollum Stump vilian employees their right to partici­ Gibbons Mazzoli Scott Hefley McCrery Talent pate voluntarily, as private citizens, in Gilchrest McCloskey Serrano Herger McKeon Taylor (NC) the political processes of the Nation, to Gillmor McCurdy Sharp Hoekstra Mica Walker protect such employees from improper Gilman McDermott Shaw Huffington Moorhead Wolf Glickman McHale Shays Hunter Nussle political solicitations, and for other Shepherd Gonzalez McHugh NOT VOTING-11 purposes, pursuant to House Resolution Goodlatte Mcinnis Sisisky 106, he reported the bill back to the Goodling McKinney · Skaggs Bryant Henry Roukema House with sundry amendments adopt­ Gordon · McMillan Skeen Cox McDade Valentine Goss McNulty Skelton Fields (TX) Roemer Young (AK) ed by the Committee of the Whole. Grandy Meehan Slattery Ford (TN) Rostenkowski The SPEAKER pro tempore (Mr. Green Meek Slaughter Gunderson Menendez Smith(IA) 0 1636 McNULTY). Under the rule, the previous Smith (NJ) Gutierrez Meyers The Clerk announced the following question is ordered. Hall (OH) Mfume Smith(OR) Is a separate vote demanded on any Hall(TX) Michel Solomon pair: If Hamburg Miller (CA) Spence On this vote: amendment? not, the Chair will put Spratt them en gros. Hamilton Miller (FL) Mr. Young of Alaska for, with Mrs. Rou­ Hansen Mineta Stark The amendments were agreed to. Harman Minge Stenholm kema against. The SPEAKER pro tempore. The Hastert Mink Stokes Strickland Mr. BARTLETT changed his vote question is on the engrossment and Hastings Moakley from "nay" to "yea." Hayes Molinari Studds third reading of the bill. Hefner Mollohan Stupak So the bill was passed. The bill was ordered to be engrossed Hilliard Montgomery Sundquist The result of the vote was announced Hinchey Moran Swett and read a third time, and was read the Swift as above recorded. third time. Hoagland Morella Hobson Murphy Synar A motion to reconsider was laid on The SPEAKER pro tempore. The Hochbrueckner Murtha Tanner the table. question is on the passage of the bill. Hoke Myers Tauzin The question was taken; and the Holden Nadler Taylor (MS) Horn Natcher Tejeda Speaker pro tempore announced that Houghton Neal (MA) Thomas (CA) GENERAL LEAVE the ayes appeared to have it. Hoyer Neal (NC) Thomas(WY) Mr. HOYER. Mr. Speaker, I ask Hughes Oberstar Thornton Mr. DOOLITTLE. Mr. Speaker, I ob­ Thurman unanimous consent that all Members ject to the vote on the ground that a Hutto Obey Hyde Olver Torkildsen may have 5 legislative days in which to quorum is not present and make the Inslee Ortiz Torres Torricelli revise and extend their remarks, and to point of order that a quorum is not Jacobs Orton include extraneous matter, on H.R. 20, present. Jefferson Owens Towns Johnson (CT) Oxley Traficant the legislation just passed. The SPEAKER pro tempore. Evi­ Johnson (GA) Pallone Tucker The SPEAKER pro tempore (Mr. dently a quorum is not present. Johnson (SD) Parker Unsoeld McNULTY). Is there objection to there­ The Sergeant at Arms will notify ab­ Johnson, E.B. Pastor Upton Johnston Payne (NJ) Velazquez quest of the gentleman from Maryland? sent Members. Kanjorski Payne (VA) Vento There was no objection. The vote was taken by electronic de­ Kaptur Pelosi Visclosky vice, and there were-yeas 333, nays 86, Kasich Penny Volkmer not voting 11, as follows: Kennedy Peterson (FL) Vucanovich Kennelly P eterson (MN) Walsh PERSONAL EXPLANATION [Roll No. 52] Kildee P etri Washington Mr. ROEMER. Mr. Speaker, had I been Waters YEAS-333 King Pickett present, I would have voted "aye" on rollcall Kleczka Pickle Watt Abercrombie Brooks Coyne Klein Pomeroy Waxman votes 49, 50, 51, and 52. Ackerman Browder Cramer Klink Poshard Weldon Mr. Speaker, I was not present for these Andrews (ME) Brown (CA) Danner Klug Price (NC) Wheat two votes because I was unavoidably, but Andrews (NJ) Brown (FL) Darden Kolbe Pryce (OH) Whitten Andrews (TX) Brown (OH) de la Garza Kopetski Quillen Williams happily, detained at the birth of my newest Applegate Burton Deal Kreidler Quinn Wilson constituent, and son, Patrick Hunter Roemer. Bacchus (FL) Buyer DeFazio LaFalce Rahall Wise My wife Sally and I send our sincere thanks Baesler Byrne De Lauro Woolsey Lambert Ramstad and gratitude to everyone who has extended Barcia Cantwell Dellums Lancaster Rangel Wyden Barlow Cardin Derrick La ntos Ravenel Wynn their best wishes. Barrett (WI) Carr Deutsch La Rocco Reed Yates Bartlett Castle Diaz-Balart Laughlin Regula Young (FL) Becerra Chapman Dickey Zeliff Lazio Reynolds AUTHORIZING THE CLERK TO Bentley Clay Dicks Lehman Richardson Zimmer Bereuter Clayton Dingell Levin Ridge MAKE CORRECTIONS IN EN­ Berman Clement Dixon Levy Ros-Lehtinen GROSSMENT OF H.R. 20, FED­ Bevill Clinger Dooley Bilbray Clyburn Duncan ERAL EMPLOYEES POLITICAL Bilira kis Coleman Durbin NAYS-86 ACTIVITIES ACT OF 1993 Bishop Collins (GA) Edwards (CA) Allard Barton Calvert Blackwell Collins (IL) Edwards (TX) Archer Bat eman Camp Mr. HOYER. Mr. Speaker, I ask Bliley Collins (MI) Emerson Armey Beilenson Canady unanimous consent that in the engross­ Boehlert Condit Engel Bachus (AL ) Blute Coble ment of H.R. 20, the Clerk be author­ Bonior Conyers English (AZ) Baker (CA) Boehner Combest ized to make such technical and con­ Borski Cooper English (OK) Ba ker (LA) Bonilla Crane , Boucher Coppersmith Eshoo Ballenger Bunning Crapo forming changes necessary to reflect Brewst er Costello Evans Barrett (NE) Callahan Cunningham the actions of the House. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3987 The SPEAKER pro tempore. Is there Mr. BURTON of Indiana. Mr. Speak­ ANNOUNCEMENT BY THE SPEAKER objection to the request of the gen­ er, I thank the gentleman. PRO TEMPORE tleman from Maryland? Mr. HOYER. Mr. Speaker, I am glad The SPEAKER pro tempore (Mr. There was no objection. to yield to my friend, the gentleman MCNULTY). The Chair will take 1- from New York [Mr. SOLOMON], who minute requests. LEGISLATIVE PROGRAM may have better information than I have. (Mr. HOYER asked and was given Mr. SOLOMON. Mr. Speaker, I also NATIONAL SERVICE PROGRAM permission to address the House for 1 may have some thoughts on this mat­ (Mr. GENE GREEN of Texas asked minute.) ter. and was given permission to address Mr. HOYER. Mr. Speaker we have the House for 1 minute and to revise completed our legislative business for Let me just say to the gentleman that the Committee on Rules is about and extend his remarks.) the day. There will be no further votes Mr. GENE GREEN of Texas. Mr. today. We will be in session tomorrow. to meet iri 10 minutes, at which time we expect to put out a so-called mar­ Speaker, one of the most severe prob­ We expect to go in at 11 a.m. for ex­ lems facing our Nation is the lack of pected further consideration of the Un­ shal rule which is going to waive the two-thirds issue for bringing up an­ jobs facing our young people. The fact employment Compensation Act, which is that people without the hope of a is currently being considered in the other rule tomorrow on this floor, which would deal with any changes promising job lose the inspiration and other body. drive necessary to become productive Mr. BURTON of Indiana. Mr. Speak­ that they might make over in the other body tonight. members of society. er, will the gentleman yield? The chance at a college education Mr. HOYER. I am glad to yield to my What that means is that it is very has remained elusive for many of our friend, the gentleman from Indiana. likely that we are going to have at young people mainly due to the high Mr. BURTON of Indiana. Mr. Speak­ least two rules on the floor tomorrow, cost of higher education. er, I had been led to believe that if the and some votes on some action that President Clinton has outlined his other body accepted the House version was taken over in the Senate. It is my plan to remedy this problem and will of the unemployment bill, that there understanding that some action will be fulfill his campaign promise for job would be no legislative business tomor­ taken and that it will not be just the creation with the enactment of a Na­ row. It would only happen in the event clean bill that we sent over. Therefore, tional Service Corps. that they did have a change and it it is very likely we are going to have Our young people will finally have would have to come back here for con­ votes on this floor tomorrow. the opportunity to get a college edu­ currence. cation and will be able to repay the Mr. HOYER. The gentleman is cor­ 0 1640 cost of that education by serving their rect. That would be our hope. However, If that is the case, then there is no community by teaching, providing po­ the information we have is that that commitment that I will not be asking lice protection, or contributing to the may not be the case, so there is a good for a Journal vote, because our noses growing need for infrastructure devel­ possibility that we will be here. are still out of joint over our treat­ opment. Mr. BURTON of Indiana. Mr. Speak­ ment as far as these closed rules are This program will offer the flexibil­ er, if the gentleman would yield fur­ concerned. ity for students to choose to serve ei­ ther, if the other body does concur ther before or after they have achieved with the House version, will there be However, if there are going to be no their educational goals. any votes tomorrow? Will there be a rules on the floor, and the Senate bill We all know that pride in self and vote on the Journal, or will we just does not come back over here, then I community come from having a vested come in and have a pro forma session? certainly would do all I could to see interest in the success of those around Mr. HOYER. We would hope there that there are no votes tomorrow on you. This program both revitalizes the would not be a vote on the Journal or the floor. That is where things stand as emphasis in community involvement anything else tomorrow if we have I see it. and removes the barriers that keep our completed our business; that is to say, Mr. HOYER. I appreciate the com­ young people from pursuing higher the other body adopts the proposal. We ments of the gentleman from New education. are intent on passing the Unemploy­ York, and I think that gives us as fair FACTS ABOUT NATIONAL SERVICE ment Compensation Act this week. The an assessment as to what possibly can The initial summer-of-service pilot gentleman from New York may have happen tomorrow as we can give at this program would involve 1,000 students. more information. time, not knowing specifically what The program would expand to 25,000 Mr. BURTON of Indiana. Mr. Speak­ the other body will do. students next year and 100,000 students er, if the gentleman will yield further, Mr. SOLOMON. I might say to the within 3 years. let me ask one other question for those gentleman that we have received assur­ Federal National Service organiza­ Members not on the floor now. Is it ances from the Democrat leadership as tion programs already exist and are safe for them to assume that if they well that if we do go upstairs in a few working. They are Volunteers in Serv­ watch the Senate action tonight and minutes and put out a two-thirds rule ice to Amer:lca [VISTA] and the Peace the Senate concurs with the House ver­ waiving the two-thirds in order to put Corps. sion, that they can go ahead and make a rule on the floor tomorrow, that This is a $15 million total cost in their travel arrangements and plans for there will be full cooperation between stimulus package for this year in the tomorrow based upon no votes in the the majority and the minority as to National Service Program. Total cost House? what we are going to be voting on up over 4 years will be approximately $7.4 Mr. SOLOMON. Mr. Speaker, will the there, and I would just tell the gen­ billion. gentleman yield? tleman we appreciate that understand­ It is time to get our own house in Mr. HOYER. Mr. Speaker, if the gen­ ing, and we would hope that you live order and this program will provide us tleman would let me answer, and then up to it. with the tools necessary to focus the I will yield. Mr. HOYER. I appreciate the gentle­ strength of our young people on the I can say it is safe to assume that no­ man's remarks, and would certainly be­ problems facing our Nation. This will body on this side of the aisle will be lieve and have 100 percent expectation not only result in a better place to live asking for a vote tomorrow on any what representations were made by the in for the short run, but it will also lay matter if the unemployment com­ leadership will be followed through on the seeds of community involvement pensation bill is approved, as passed by by the leadership. I thank the gen­ and the sense of civic duty that have the House, by the other body. tleman for his comments. lately been missing in our Nation. 69-059 0-97 Vol. 139 (Pt. 3) 33 3988 CONGRESSIONAL RECORD-HOUSE March 3, 1993 INTRODUCTION OF ANTIREDLINING Selwyn Whitehead, the first quote was change, I would ask him to make the LEGISLATION for $1,200. most dramatic change of all. We need (Mrs. COLLINS of Illinois asked and And, just last week, there were news to change the entire organizational was given permission to address the reports of a former sales manager for culture of our Government. House for 1 minute and to revise and Allstate in California accusing Allstate I challenge President Clinton to re­ extend her remarks.) of closing inner-city offices and order­ quire that every Cabinet Secretary and Mrs. COLLINS of Illinois. Mr. Speak­ ing workers to lose files from minority department head take responsibility er, today the Subcommittee on Com­ insurance applicants. for cutting each agency's wasteful op­ merce, Consumer Protection, and Com­ There are those who deny redlining erations. This kind of request has been petitiveness held a hearing to examine exists, who say it never happened. Or made before, but this time, we must de­ redlining practices of insurance compa­ that it is purely an urban availability mand real accountability. From top to nies. The subcommittee heard very dis­ problem, not related to racial discrimi­ bottom, every Government employee turbing reports about a variety of prac­ nation. One problem is that there is a needs to be held accountable and dis­ tices insurance companies use to deny lack of good, solid, comprehensive data ciplined when found guilty of waste. access to insurance to the residents of about insurance coverage in urban We need to change the way our Gov­ our urban areas. areas. This legislation should help rem­ ernment does business. The Govern­ To remedy this, I have today intro­ edy that problem. ment provides many valuable services duced legislation, the Anti-Redlining As a practical matter, access to prop­ to the American people, but I am sure in Insurance Disclosure Act. This act erty insurance is a necessity for mort­ you will agree that some are more val­ will require insurance companies to gage loans and is often essential for ac­ uable than others. I would also hope we disclose information about their insur­ cess to small business loans. Without would agree that some entire programs ance practices and activities in urban access to affordable insurance, small can be eliminated. I suggest, however, areas, such as the breakdown of poli­ businesses in our urban areas cannot that for those remaining programs, cies sold by census tract, itemized by prosper nor generate badly needed jobs. within each one of them, there are demographic characteristics. These Similarly, access to affordable auto­ many areas of waste which can be cut disclosure requirements would apply to mobile insurance is often essential for without harming or reducing the serv­ major lines of insurance, such as auto­ residents of the inner cities to keep ices delivered by those programs, in mobile, property, and small business and hold jobs. any way. commercial insurance. The legislation The Anti-Redlining in Insurance Dis­ Over the past 2 months, I have wit­ also requires reporting of agent loca­ closure Act is modest legislation. It is nessed several ways to cut the deficit tion by census tract. The information similar to the Home Mortgage Disclo­ from my perspective as a new Member generated by this legislation would sure Act for banks. of Congress. To illustrate the problem, help determine the true nature and ex­ Redlining practices must stop. To­ I would like to offer a simple change. tent of redlining. The public disclosure day's hearing and this legislation will I would like to propose at least a 25- of this information would also serve as be a first step in developing effective percent cut in all Government printing a powerful disincentive against dis­ solutions to this problem. expenditures. This year $1.9 billion has criminatory behavior. been budgeted for printing and repro­ In addition, the legislation includes duction. The executive branch will A SPECIFIC WAY TO CUT THE spend the most: over $1.1 billion, and important consumer protections. It BUDGET mandates disclosure to insurance ap­ the legislative branch is next, $732 mil­ plicants about reasons for rejection or The SPEAKER pro tempore. Under a lion this year. nonrenewal and protects against the previous order of the House, the gen­ Let's start right here in our own termination of agents as a result of tleman from Alabama [Mr. BACHUS] is House. I propose that we cut out mass their location or the location of their recognized for 5 minutes. mailings and newsletters and stop customers. The act would be adminis­ Mr. BACHUS of Alabama. Mr. Speak­ using the frank as a campaign tool. tered by the Department of Commerce. er, for the last 2 weeks the American That would be real campaign finance The statistics discussed at today's people have listened to Mr. Clinton's reform. hearing speak for themselves. Illinois economic plan. Polls show that a ma­ I propose that we stop allowing pages Public Action revealed that there are jority of Americans support what they and pages of impertinent, extraneous 52 State Farm offices and 32 Allstate know about President Clinton's eco­ material to be inserted and printed in offices in a predominately white con­ nomic package. The details of the polls the CONGRESSIONAL RECORD every day. gressional district in Chicago. But in show, however, that a very large num­ We've all heard President Clinton the Chicago portion of my district, ber of the people support more spend­ talk about the lobbyists who roam the there are only six State Farm offices ing cuts, less taxes, and more deficit Halls of Congress. Well, it is no secret and two Allstate offices outside the reduction. that one of the biggest lobbyist groups downtown area. Based on the mail and telephone calls on Capitol Hill is the Federal Govern­ And ACORN testified that in Chi­ in my office, I can ·tell you that the ment. Government agencies spend lit­ cago, only 51.1 percent of occupied, sin­ overwhelming majority of my constitu­ erally thousands upon thousands of gle-family units in low-income neigh­ ents favor more, and substantial, dollars to publish slick brochures for borhoods, and only 57.6 percent in mi­ spending cuts before we consider rais­ distribution to Members of Congress. nority neighborhoods, were covered by ing taxes. My purpose here today is to They do this as a public relations tool any type of insurance, compared to 90.0 accept the President's challenge to be designed to keep their budgets from percent coverage in high-income and more specific than he has been on po­ being cut. 87.7 percent coverage in white areas. tential spending cuts. But first, I would There are a multitude of other ways Selwyn Whitehead of the Economic like to define the problem. the Government could cut printing Empowerment Foundation testified President Clinton keeps asking his costs. Almost every day, the Tennessee about her experience in trying to get critics to give him specific programs Valley Authority sends my office a liability insurance for her tele­ that should be cut. Unfortunately, it's hand-delivered letter or a thick set of communications consulting firm in the not that simple. Waste runs rampant news clippings from regional papers. late 1980's. When she identified her firm through practically every existing pro­ My office did not request this service, as a woman-owned firm, of color, in gram. Many of these programs are jus­ but every week they come anyway. Oakland, she was turned away or tifiable but could be run more effi­ Here's yet another example. The Gov­ quoted premiums from $8,000 to $10,000 ciently. ernment sends out copies of reports per year. But when she called on behalf President Clinton talks a lot about and studies to the public free of cost. of her fictitious white male boss, a Mr. change. Well, if he has the courage to The Congressional Research Service es- March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3989 timates that it costs approximately 43 tunity to have fun playing sports Donna Lopiano, executive director of cents to handle each request. This does games. Studies have found that high the Women's Sports Foundation, not include the cost of publishing and school girls who play sports are 80 per­ Thomas Hearn, president of Wake For­ printing the documents. That figure is cent less likely to be involved in an un­ est University, and Phyliss Howlett, buried deep in the Federal budget. wanted pregnancy, 92 percent less like­ cochair of the NCAA Gender Equity For every single one of the cuts I pro­ ly to be involved in drugs, and three Task Force all expressed support for pose, someone will say, "This is a valu­ times more likely to graduate from increased disclosure of gender equity able service, and it doesn't really cost high school. compliance. that much." Well, that's nonsense. The 21 years that have passed since I urge my colleagues to support this That's the kind of thinking that got us the passage of title IX is overwhelming effort. I welcome cosponsors to this in this mess. We've got to start some­ evidence that the colleges, through the measure. where. I have singled out printing. But National Collegiate Athletic Associa­ this is just one example. tion [NCAA], cannot be counted on to I challenge President Clinton to clean up this mess. Although the NCAA THE FOOD STAMP QUALITY CON­ rethink the way our Government has thousands of detailed rules govern­ TROL AMENDMENTS ACT OF 1993 works. I ask him to raise standards and ing everything from recruitment to The SPEAKER pro tempore. Under a increase accountability. scholarships, all of which can carry previous order of the House, the gentle­ I challenge President Clinton to hold stiff penalties such as denying woman from Indiana [Ms. LONG] is rec­ every Cabinet member and agency head postseason play and television appear-. ognized for 5 minutes. accountable for reducing printing costs ances, there is not a single rule to pe­ Ms. LONG. Mr. Speaker, statistical precision by 25 percent. Let's stop wasteful nalize a school that fails to comply and error rate determinations are not the stuff spending on printing costs, and in a with title IX. At the January annual of which engaging conversations are made. thousand other areas, and cut the fat convention of the NCAA, which I at­ However, as many of my colleagues are out of Government before we raise tended, executive director Dick aware, these very things have been a source taxes on the American people. Schultz said that he thought NCAA of angst, from time to time, with the Food rules requiring title IX compliance Stamp Quality Control System. Just recently, 24 States and the District of Columbia settled 0 1650 would be impossible. Colleges and universities have essen­ a contentious dispute over $300 million of INTRODUCTION OF THE EQUITY IN tially ignored the mandates of Federal error-rate penalties due under the current sys­ ATHLETICS DISCLOSURE ACT law, because athletic budgets are still tem for fiscal years 1986 through 1991. The SPEAKER pro tempore. Under a under the control of male athletic di­ While the quality control system is designed previous order of the House, the gentle­ rectors, and apparently of acquiescing to measure a State's performance in determin­ woman from Illinois [Mrs. COLLINS] is college and university administrators ing eligibility for food stamps benefits, the cur­ recognized for 5 minutes. who equate expanded opportunities for rent system is based on unreliable measures Mrs. COLLINS of illinois. Mr. Speak­ women with decreased opportunities of State performance, is the source of unnec­ er, last week I introduced H.R. 921, the for men. This, of course, has not been essary conflicts between the FNS and the Equity in Athletics Disclosure Act. the case. Over the past decade, for States, and has resulted in excessive error­ The bill requires colleges and univer­ every 2 female participation slots rate penalties. sities to disclose sports-related gender added, 1.5 male slots were also added. Mr. Speaker, these penalties are not for equity information. While stepped up enforcement by the fraud or abuse in the program. Rather, they The bill number-H.R. 921-is also new administration might help, addi­ are errors often outside of the States' control, significant. Title IX of the education tional legislation is necessary. Mr. including mistakes by recipients in reporting amendments, which prohibits sex dis­ Speaker, H.R. 921, the Equity in Ath­ income changes or because of the constantly crimination in education, including letics Disclosure Act is patterned after shifting Federal regulations. Human error is in­ athletics, was passed 21 years ago. So the successful Student Right to Know evitable in administering a program like Food this bill can be thought of as title IX- and Campus Security Act. That bill re­ Stamps. And those errors are likely to in­ 21 years later. quired schools to disclose to prospec­ crease with growing caseloads. Although there was some initial tive students and to the public, gradua­ Just this week, the USDA announced that progress for women in sports after the tion rates and campus crime rates. the number of Americans receiving food passage of title IX, opportunities Putting the public spotlight on ath­ stamps in December set monthly records for slowed to a snail's pace in the 1980's. letic schools with records of sex dis­ the nearly 30-year-old program. Approximately Here are some of the facts: Only 20 per­ crimination in their programs will in­ 26.6 million Americans-more than 10 per­ cent of the average athletic depart­ crease pressure for change. cent-received food stamps some 21 months ment's operating budget is spent on Specifically, my bill requires all in­ after the official end of the recession. We all women; about 25 percent of the athletic stitutions of higher education receiv­ know that when our work loads· increase we scholarships go to women; and only 15 ing Federal funds to provide gender eq­ are more likely to make mistakes. Now more percent of the recruiting budget is uity information. That information than ever, as States grapple with this surge in spent on women athletes. must include participation rates by food stamps applications, reform of the system With respect to women's hiring, gender, sports spending by gender, and is needed. things have actually gotten worse. In coaching staff hiring by gender. Spend­ Congress took some steps to reform the QC 1972, women coached over 90 percent of ing is further broken down into that system in 1988 under the assumption that all women's teams, but by 1992, only 48 for scholarships, recruiting, personnel, these changes would reduce the number of percent-less than half-of these teams and operating expenses. States penalized and the amount of claims were coached by women. Let me repeat This should not be a difficult report­ levied on each State. Given the excessive that: 50 percent of all women's teams ing task. Similar information was re­ level of penalties in recent years, and FNS are coached by men. Conversely, 99 per­ cently collected from the same schools Agreement to settle for only 15 cents on the cent of men's teams are coached by as part of the NCAA Gender Equity dollar in reinvestment, the current method of men. And that is not all: women's Task Force study. The difference is calculating errors and penalties must l>e teams are often given poorer facilities that the information would be made brought into question. for training; worse hours for practice available to the public and prospective Today, a number of my colleagues join me and competition; inferior travel accom­ students on an individual school basis, in introducing legislation which would set rea­ modations; and little, if any, pro­ and not just in aggregated form. sonable targets and establish a reliable and motional support. At a hearing before the Subcommit­ fair system for measuring State performance. There is more at stake in this issue tee on Commerce, Consumer Protec­ Most of the changes in this bill simply make than providing women with an oppor- tion, and Competitiveness last week, the Food Stamp Quality Control Program the 3990 CONGRESSIONAL RECORD-HOUSE March 3, 1993 same as the Aid to Families With Dependent not have a substantial adverse effect on the gross income of a shareholder of such cor­ Children QC Program which was reformed in level of employment at a mainland plant oper­ poration by reason of subparagraph (A) shall 1989. ated by the electing corporation or a related be treated as taxable income from sources While this bill may not make for stimulating within the United States. party or supplier. "(3) EXCLUSION OF INCOME FOR QUALIFICA­ conversation at dinner parties, it will make the To assure that the Secretary has adequate TION TESTS.-Any gross income taken into responsibilities of many State employees more information on which to base his decision, the account in determining the amount of the reasonable and the system more efficient. bill provides that notice of each request for runaway plant income of any electing cor­ 936 status be published in the Federal Reg­ poration shall not be taken into account for ister, opportunity for public comment must be purposes of subsection (a)(2). DENIAL OF TAX INCENTIVES FOR provided, and notice of the Secretary's deter­ "(4) RUNAWAY PLANT INCOME .-For purposes RUNAWAY PLANTS mination in each case shall be published in of this subsection, the term 'runaway plant The SPEAKER pro tempore. Under a the Federal Register. income' means the portion of the taxable in­ previous order of the House, the gen­ come of the electing corporation which is at­ In addition, the background file relating to tributable to a disqualified facility. tleman from California [Mr. STARK] is each determination shall be made available to " (5) DISQUALIFIED FACILITY.-For purposes recognized for 5 minutes. the public. of this subsection- Mr. STARK. Mr. Speaker, today I am re­ The Secretary shall revoke the 936 credit at "(A) IN GENERAL.- The term 'disqualified introducing a bill to deny section 936 tax cred­ any time within 3 years of commencement (or facility' means any facility at which oper­ its for income attributable to a runaway plant. expansion) of operations if the Secretary de­ ations are commenced with respect to the I am pleased to be joined in this effort by my termines that, based on facts and cir­ electing corporation after March 3, 1993 un­ colleague from Indiana, Mr. ROEMER. cumstances that become known after the less- This bill will end the costly and damaging " (i) the Secretary determines that oper­ original determination, there is a substantial ations at such facility- practice of U.S. firms closing down operations adverse effect on mainland employment. The " (!) will not result in a substantial adverse on the mainland and relocating in Puerto Rico effect of this revocation is to treat the runaway effect on the level of employment at any fa­ to take advantage of the possessions tax plant income as income of the corporation's cility in the United States operated by the credit. U.S. shareholders. electing corporation or a person related to Under 936 of the Internal Revenue Code, a The Secretary shall revoke the 936 credit of the electing corporation, and domestic company can set up a 936 corpora­ a corporation at any time there is a misrepre­ " (II) will not result in such an effect with tion to operate in Puerto Rico or the posses­ sentation or a failure to disclose critical infor­ respect to any other facility in the United sions. Income earned by the 936 corporation States on account of changes in a supplier mation by the taxpayer in its request for 936 relationship to the electing corporation or a qualifies for section 936 tax credit which es­ status. person related to the electing corporation, sentially makes the income free from U.S. in­ The bill is prospective. It applies to new 936 and come tax. In addition, qualified possessions companies or expansions of current 936 com­ "(ii) the electing corporation files a re­ corporations are typically granted full or partial panies after March 3, 1993. quest with the Secretary for a determination exemption from Puerto Rico income tax, under The text of the bill follows: under clause (i) on or before the earlier of­ Puerto Rican law, if a company states that H.R.- "(1) the day 90 days after the date on which there will be no mainland job dislocation. an application is submitted to the possession Be it enacted by the Senate and House of Rep­ for tax incentives for such facility, or By providing a credit against tax for income resentatives of the United States of America in "(II) the day 1 year before the date on earned in Puerto Rico and the possessions, Congress assembled, which operations at such facility commence. the tax system has lured many major state­ SECTION 1. LIMITATION ON PUERTO RICO AND POSSESSION TAX CREDIT. The Secretary may treat a request not filed side corporations to Puerto Rico. These 936 before the time required under clause (ii) as companies provide direct employment for (a) GENERAL RULE.- Section 936 of the In­ ternal Revenue Code of 1986 (relating to timely filed if the Secretary determines that about 100,000 workers on the island. Puerto Rico and possession tax credit) is there was reasonable cause for not filing the The 936 credit is a substantial incentive. Ac­ amended by adding at the end thereof the request before the time required. cording to the most recent Treasury Depart­ following new subsection: " (B) CERTAIN REVOCATIONS REQUIRED.- ment report "The Operation and Effect of the " (i) DENIAL OF CREDIT FOR INCOME A'I'TRIB­ " (i) IN GENERAL .-The Secretary shall re­ Possessions Corporation System of Taxation," UTABLE TO RUNAWAY PLANTS.- voke a determination under subparagraph " (1) IN GENERAL.- (A)(i) at any time before the close of the 3- the U.S. tax benefits per employee averaged year period beginning on the date on which $26,725 per employee for all manufacturing in­ " (A) INCOME A'I'TRIBUTABLE TO SHAREHOLD­ ERS.-The runaway plant income of a cor­ operations at the facility commenced if the dustries in 1987. Although the possessions poration electing the application of this sec­ Secretary determines that, ·on the basis of corporations' U.S. tax benefits vary substan­ tion for any taxable year (hereinafter in this the facts and circumstances then known, the tially by industry, the pharmaceutical industry subsection referred to as the 'electing cor­ requirements of subparagraph (A)(i) are not hit the jackpot with $70,778 in tax benefits per poration') shall be included on a pro rata satisfied. employee in 1987. basis in the gross income of all shareholders " (ii) MISREPRESENTATIONS, ETC .-The Sec­ The Joint Committee on Taxation estimated of such electing corporation at the close of retary shall, at any time, revoke a deter­ the revenue loss of section 936 to be $18.7 the taxable year of such electing corporation mination under subparagraph (A)(i) if, in connection with the request for such deter­ billion over the next 5 years. as income from sources within the United States for the taxable year of such share­ mination, there was a misrepresentation Although there will be outright denial that holder in which or with which the taxable with respect to (or a failure to disclose) any even one runaway plant exists in Puerto Rico, year of such electing corporation ends. material information by the electing cor­ advertisements paid for by the Commonwealth " (B) EXCLUSION FROM THE INCOME OF AN poration or a related person. of Puerto Rico indicate otherwise. In the June ELECTING CORPORATION .-The taxable income "(iii) REVOCATIONS RETROACTIVE.-If any 1992 issue of Chief Executive, Puerto Rico of an electing corporation shall be reduced determination is revoked under this subpara­ touts the 100 percent U.S. Federal tax credit by the amount which is included in the gross graph, this subsection (other than paragraph as a reason that more than 60 major U.S. cor­ income of a shareholder of such corporation (8) thereof) shall be applied as if such deter­ mination had never been made. porations have moved to Puerto Rico. by reason of subparagraph (A). " (2) FOREIGN SHAREHOLDERS; SHAREHOLDERS "(C) OPPORTUNITY FOR PUBLIC COMMENT .­ It's time to refine our policy. Mainland work­ NOT SUBJECT TO TAX.- No determination may be made under sub­ ers should not be forced to subsidize Puerto " (A) IN GENERAL .-Paragraph (1 )(A) shall paragraph (A )(i) unless the Secretary allows Rico with their jobs as well as their tax dollars. not apply with respect to any shareholder­ an opportunity for public comment on the This bill denies the possessions tax credit for " (i) who is not a United States person, or request for such determination. any income attributable to a runaway plant. " (ii) who is not subject to tax under this " (6) ExPANSIONS TREATED AS SEPARATE FA­ Under the bill, a 936 company must file a title on runaway plant income which would CILITIES.- " (A) In generaL-For purposes of this sub­ request for 936 status with the Secretary of be allocated to such shareholder (but for this subparagraph). section, any substantial increase in employ­ Treasury prior to commencing operations in " (B) TREATMENT OF NONALLOCATED RUN­ ment at a facility shall be treated as a sepa­ Puerto Rico or substantially expanding its op­ AWAY PLANT INCOME.-For purposes of this rate facility at which operations are com­ erations in Puerto Rico. The Secretary must subtitle, runaway plant income of an elect­ menced with respect to the electing corpora­ determine that the operations at the facility will ing corporation which is not included in the tion as of the date of such increase. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3991 "(B) SUBSTANTIAL INCREASE IN EMPLOY­ ing one of my colleagues, and I have in­ league, called the Coast Guard Com­ MENT.-For purposes of subparagraph (A), structed staff to call Congressman mandant and complained that Mr. there shall be deemed to be a substantial in­ STUDDS to tell him I am taking this Bauer would-Mr. Bauer, incidentally, crease in employment as of any day at any special order tonight because I feel Mr. Speaker, is a Christian spokesman facility if- "(i) such day is the last day of a payroll pe­ very strongly about what happened. who speaks around the country on fam­ riod and the average number of employees I would like to read the newspaper ily values. And the purpose of his performing services at such facility during article and then make a couple of com­ speech to the Coast Guard was to ad­ such period exceeds 110 percent of the aver­ ments about it. dress on "balancing work and family age number of employees performing serv­ The article was in the Washington life," and had absolutely nothing to do ices at such facility during the correspond­ Post, and this is what the article had with homosexuality. In fact, this had ing payroll period in the preceding calendar to say, and I quote: been planned for 6 months, long before year, or A U.S. Coast Guard prayer breakfast the issue of homosexuals being admit­ "(ii) there is an expansion in such facility scheduled for Tuesday was canceled this ted into the military had even been or the operations at such facility with re­ week after Rep. Gerry E. Studds (D-Mass.), spect to which a separate or supplemental * * *and chairs the committee that oversees raised by the Clinton administr~tion. application or other request relating to tax the Coast Guard, complained about the fea­ So, my concern is that free/ speech incentives for such expansion is made to gov­ tured speaker, a conservative who has spo­ was impeded, that there was an implied ernmental authorities of the possession. ken widely against lifting the ban on homo­ threat, or the possibility of an implied Appropriate adjustments in the application sexuals in the military. threat, by virtue of this phone call by of clause (i) shall be made in the case of em­ Gary L. Bauer, a former domestic policy Congressman STUDDS to the Coast ployees not performing services on a full­ adviser in the Reagan White House and head of the Family Research Council, said he had Guard. And I think it is very unfortu­ time basis. nate that this occurred. "(7) SPECIAL RULES.- been scheduled for more than six months to "(A) DISTRIBUTIONS TO MEET QUALIFICATION deliver an address on balancing work and This issue of homosexuality. homo­ STANDARDS.-Rules similar to the rules of family life but was informed a few days ago sexuals being admitted into the mili­ subsection (h)(4) shall apply for purposes of that the breakfast had been canceled. tary, is one that has not yet been de­ this subsection. Yesterday, Bauer sent a letter to Studds, cided by the Congress of the United "(B) RELATED PERSON.-For purposes of charging him with pressuring the Coast States. In fact, the President has this subsection, the rules of subparagraphs Guard to cancel the address. agreed to postpone action on this for (D) and (E) of subsection (h)(3) shall apply in "I am utterly amazed that a member of Congress would abuse his power to suppress the next 4 or 5 months. At that time we determining whether any person is related to will have an up or down vote on it, I the electing corporation. free speech rights," Bauer wrote. He said in "(8) PUBLIC DISCLOSURE.- a telephone interview that he believed am confident, in the Congress. "(A) PUBLICATION IN FEDERAL REGISTER.­ Studds had threatened Coast Guard officials But to stop somebody, who is going over Bauer's presence at the event. to be talking about family values and The Secretary shall publish in the Federal "I can't help but believe that since, in re­ Register- cent weeks I have criticized the President's balancing work and family values, "(i) a notification of each request for a de­ idea about changing military rules on how from speaking to the Coast Guard at a termination under paragraph (5)(A)(i), and homosexuality is treated, that I have prayer breakfast simply because he dif­ "(ii) a notification of the Secretary's de­ stepped on the lifestyle of the Congress­ fers with Congressman STUDDS on termination in the case of each such request. man," Bauer said. whether or not homosexuals should be "(B) PUBLIC INSPECTION OF DETERMINA­ Studds could not be reached for comment, TION.- allowed in the military is a gross viola­ but a spokesman said the allegation that tion, in my opinion, of constitutional "(i) IN GENERAL.- Notwithstanding section Studds threatened Coast Guard officials was 6103, the text of any determination made by ridiculous. rights. the Secretary under paragraph (5)(A)(i) and The Coast Guard obviously wanted any background file document relating to Now, this next paragraph is of great Gary Bauer to speak, they obviously such determination shall be open to public concern to me. Mr. Speaker. It says: wanted him to speak at the prayer Spokesman Steve Schwadron said Studds inspection at such place as the Secretary It called Adm. J. William Kime, commandant breakfast. had been organized for 6 may prescribe. months, and it was stopped simply be­ '~(ii) EXEMPTIONS FROM DISCLOSURE.-Rules of the Coast Guard, earlier this week to raise similar to the rules of section 6110(c) (other concerns about the invitation to Bauer. It cause Mr. Bauer had taken issue with than paragraph (1) thereof) shall apply for seemed odd to Mr. Studds that Mr. Bauer the Congressman's position. I think it purposes of clause (i). would be asked to address an observance like is a mistake, I think it should not have "(iii) BACKGROUND FILE DOCUMENT.-For . this. It didn't seem, in a common sense fash­ happended. I think it is very unfortu­ purposes of this subparagraph, the term ion, to be a pulpit for a right-wing ideologue nate. I would just like to urge my col­ 'background file document' has the meaning to vent his political agenda. Schwadron said the decision to cancel the leagues to think long and hard before given such term by section 6110(b)(2) deter­ they start interfering with the Coast mined by treating the determination under session was made independently by Kime. paragraph (2) as a written determination." Rep. W.J. "Billy" Tauzin (D-La.), who Guard's right to have anyone they (b) EFFECTIVE DATE.- heads the Merchant Marine and Fisheries want to come to a prayer breakfast (1) IN GENERAL.-The amendment made by Coast Guard and navigation subcommittee, simply because a Congressman may, or subsection (a) shall apply to taxable years said Studds's call to Kime also was meant to may not, agree with what they feel ending after March 3, 1993. alert him that a Coast Guard electronic mes­ about certain issues. (2) TIME FOR FILING REQUEST.-The time for sage system was being used to organize oppo­ filing a request under section 936(i)(5)(A)(ii) sition to President Clinton's lifting of the shall in no event expire before the date 90 military's gay ban. days after the date of the enactment of this It was the commandant's own decision to Act. take the steps he took in ordering the break­ REPORT ON RESOLUTION WAIVING fast canceled and use of the electronic mes­ REQUIREMENT WITH RESPECT sage system for that purpose stopped, he TO CERTAIN RESOLUTIONS RE­ D 1700 said. He said Kime was not aware, before Studds's call, about the use of the message PORTED FROM COMMITTEE ON COAST GUARD ENTANGLED BY system or Bauer's political views or his RULES GAY ISSUE scheduled talk. Mr. MOAKLEY, from the Committee Coast Guard spokesman Capt. Ernest Blan­ (Mr. The SPEAKER pro tempore chard said the breakfast was canceled be­ on Rules, submitted a privileged report MOLLOHAN). Under a previous order of cause there were some concerns from mem­ (Rept. No. 103-25) on the resolution (H. the House, the gentleman from Indiana bers of the command that all religious affili­ Res. 111) waiving a requirement of [Mr. BURTON] is recognized for 60 min­ ations were not represented. Blanchard said clause 4(b) of rule XI with respect to utes. he had no knowledge of any involvement in consideration of certain resolutions re­ Mr. BURTON of Indiana. Mr. Speak­ the decision by Studds. ported from the Committee on Rules, er, a disturbing newspaper article came Now, the fact of the matter is, .Mr. which was referred to the House Cal­ to my attention this morning regard- Speaker, Congressman STUDDS, my col- endar and ordered to be printed. 3992 CONGRESSIONAL RECORD-HOUSE March 3, 1993 CHILD CARE PUBLIC-PRIVATE many corporations is not only a manifestation between Senators and the White House­ PARTNERSHIP ACT of altruism toward their employees. It is also even though no substantive objections were The SPEAKER pro tempore. Under a based on an increasing realization that the ever raised. previous order of the House, the gentle­ provision of child care services and other fam­ At the time, many leaders in the child care woman from New York [Mrs. LOWEY] is ily-friendly policies are directly linked to en­ field from both sides of the aisle expressed recognized for 5 minutes. hance productivity and increased competitive­ their intent to cooperate in advancing this spe­ Mrs. LOWEY. Mr. Speaker, I rise today to ness. cific proposal as part of future child care legis­ introduce essential legislation, the Child Care According to Dana Friedman and Ellen lation. Therefore, I am reintroducing my bill at Public-Private Partnership Act, to expand the Galinsky of the Families and Work Institute, this point. I am joined in doing so by Rep­ availability of urgently needed child care serv­ employer-provided child care is directly related resentatives SUSAN MOLINARI and GEORGE ices for American families. to improvements in recruitment, retention, and MILLER, who are also deeply committed to the During the 101 st Congress, we worked hard improved employee morale. In a period of im­ goal of expanding child care services · for to help enact major child care legislation. After pending labor shortages, the ability to retain a American families. a long and arduous struggle, we finally en­ qualified and already trained work force is of The bill we are introducing, the Child Care acted compromise legislation to provide much the utmost importance. The provision of child Public-Private Partnership Act, is identical to needed assistance to parents all over the Na­ care services will help American businesses the version that was agreed to by members of tion. maintain and improve their productivity. the House-Senate child care conference in However, it goes without saying that the leg­ Despite the fact that child care makes sense 1990. islation that was approved falls short of solving from the standpoint of the bottom line, most Specifically, it authorizes $25 million for a the child care crisis in this Nation. The funding businesses are still reluctant to become in­ program of matching grants administered by for child care programs is far less than what volved in providing or subsidizing child care. the Secretary of Health and Human Services. is needed, and the Bush administration com­ However, there is evidence that the provision These grants would be provided to busi­ plicated matters by issuing regulations which of Federal incentives can be a highly success­ nesses, or consortia of small businesses, to undermine the ability of these new programs ful manner of expanding private sector in­ help them create or expand child care serv­ to expand and improve child care services. volvement in the child care field. ices for their employees and the surrounding Further, one crucial proposal contained in Business leaders themselves tell us that community-either on-site or at a nearby loca­ the House-passed child care bill was unfortu­ Federal incentives are likely to spur corporate tion. nately omitted from the final compromise-my involvement in child care programs. At a 1989 Grants could also be provided to nonprofit proposal to provide incentive grants to busi­ conference of 250 employers convened by re­ organizations to provide technical information nesses for the purpose of expanding quality sources for child care management in Chi­ and assistance that will enable businesses to child care services. cago, business leaders were asked if Govern­ provide child care service. However, the Sec­ The private sector has often been criticized ment assistance would spur additional cor­ retary is directed ~o give priority to grant for its lack of involvement in providing or sub­ porate involvement. All of the respondents awards which are designed to increase actual sidizing child care services. It is often pointed strongly indicated that Government assistance child care services. out that only a small fraction of the Nation's 6 would prompt additional action on the part of Small businesses have understandably million employers currently provide some kind business, and the majority clearly preferred a been reluctant to become involved in providing of child care assistance to their employees. program. of incentive grants. child care services because of the capital There is a clear trend, however, toward in­ Further, the need for business involvement shortages that they often face. This legislation creased involvement on the part of employers. in providing child care services has long been recognizes the special needs of small busi­ In 1978, only 11 0 corporations sponsored or acknowledged by Members of Congress from ness by giving a preference to grant proposals paid for child care services. By 1985, that fig­ both parties. In fact, as long ago as 1984, the involving companies with fewer than 100 em­ ure had risen to 2,500, and by 1989, it stood Select Committee on Children, Youth and ployees. at 4,1 00. Still, much more needs to be done. Families issued a report recommending, Grant recipients would be required to match In a 1988 survey of 1,500 employers con­ among other things, that Congress should de­ every Government dollar with two private dol­ ducted by the American Society for Personnel velop incentives for employers to expand the lars. In addition, grant applicants must provide Administration, 50 percent of the firms indi­ child care options available to their employ­ assurances that child care services will be cated that they are considering or actively ees. This recommendation was endorsed by provided at affordable rates, and on an equi­ planning for the provision of child care serv­ Democratic and Republican members of the table basis, to all employees, including low­ ices to their employees. This survey included committee. and moderate-income employees. Finally, ap­ a large number of small and midsized firms. It From the standpoint of the Federal Govern­ plicants must provide assurances that child shows the potential is clearly there to spur ment, public-private partnerships are a cost-ef­ care services provided with grant funds are in dramatic expansion of services. fective response to the child care crisis. Be­ compliance with State and local licensing re­ Moreover, a survey conducted by the fami­ cause Federal grants will be matched with pri­ quirements. lies and work institute of 188 major corpora­ vate contributions, a small Federal investment Mr. Speaker, I would urge all of my col­ tions in 30 industries shows that 13 percent of will leverage a much larger sum for actual leagues to join as cosponsors of this biparti­ major corporations now offer child care cen­ child care services. At a time when Federal re­ san initiative. ters, 5 percent offer child care discounts, and sources are extremely limited, the ability to le­ Public-private partnerships are clearly an 1 percent offer child care vouchers. verage private sector funds must not be over­ important means of providing additional child The report concludes that there is a dra­ looked. care options to American families. They mini­ matic change underway in American business, Perhaps that is why almost every major mize Federal outlays, while maximizing child with nearly all of the Nation's largest corpora­ child care bill in recent years has acknowl­ care options. tions offering some types of programs to help edged the need for public-private partnerships We know that many businesses are provid­ employees meet family needs. According to in child care. My proposal to provide Federal ing child care services, and many more are Ellen Galinsky, a coauthor of the report, which support for expansion of private sector in­ aware of the importance of child care. Clearly, is called the "Corporate Reference Guide to volvement in child care built upon the propos­ it is in the interests of our Nation's families for Work-Family Programs," although most com­ als contained in many of these bills and was the Federal Government to help facilitate in­ panies still have a long way to go, innovative also developed in cooperation with experts in creased employer involvement. If we can bring family-supportive programs are mushrooming, the field. the private sector and the public sector to­ the pace is accelerating and the trend is irre­ The proposal received virtually unanimous gether in partnership, we can significantly ex­ versible. support from both sides of the aisle during the pand the availability of quality child care at a There are several reasons why there is so consideration of child care legislation by the minimal cost to the taxpayers. This will not much corporate interest in providing child care House during the 101 st Congress, and it was only brighten the future of countless children services. For one thing, employees are in­ approved by the House as part of the omnibus across the Nation, but it will also help us in­ creasingly making clear their needs for child child care bill. Unfortunately, it was not in­ crease productivity and enhance our competi­ care assistance. However, the response of cluded in the final compromise later agreed to tiveness. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3993 Mr. Speaker, for the benefit of my col­ shall give priority to businesses that have critics to outline a precise alternative. leagues, I would like to insert in the CONGRES­ fewer than 100 full-time employees. To the Here is a preliminary reaction. SIONAL RECORD the text of the Child Care Pub­ extent practicable, the Secretary shall- Rather than raise new taxes and in­ (1) make grants equitably under this act to crease the size of Government, I am lic-Private Partnership Act: applicants located in all geographical re­ H.R.- gions of the United States; and impressed with the approach of a Re­ Be it enacted by the Senate and House of Rep­ (2) give priority to applicants for grants publican freshman, STEVE HORN of resentatives of the United States of America in under section 2(1). California, who has introduced legisla­ Congress assembled SEC. 6. DEFINITIONS. tion to reduce statutorily Federal SECTION 1. SHORT TITLE. As used in the Act: spending 21/2 percent in fiscal year 1993, This Act may be cited as the " Child Care (1) BUSINESS.-The term "business" means 5 percent in 1994 and 1995, with Social Public-Private Partnership Act of 1993". a person engaged in commerce whose pri­ Security, Medicare, and Head Start SEC. 2. ESTABLISHMENT OF BUSINESS INCEN­ mary activity is not providing child care programmatically excepted. TIVE GRANT PROGRAM. services. Within the context of this budgeting The Secretary of Health and Human Serv­ (2) CHILD CARE SERVICES.-The term "child ices shall establish a program to make restraint, the President would be given care services" means care for a child that the authority to transfer up to 10 per­ grants to- is- (1) businesses and consortia- ( A) provided on the site at which a parent cent of any program's budget to an­ (A) to pay start-up costs incurred to pro­ of such child is employed or at a site nearby other. In making such programmatic vide child care services; or in the community; and adjustments the case for an increase in (B) to provide additional child care serv­ (B) subsidized at least in part by the busi­ education funding, particularly early ices; needed by the employees of such busi­ ness that employs such parent. childhood, and postsecondary, is in nesses; and (3) CONSORTIUM.-The term "consortium" (2) nonprofit business organizations to pro­ order, as are modest jobs initiatives means 2 or more businesses acting jointly. A along the lines of the old Civilian Con­ vide technical information and assistance to consortium may also include a nonprofit pri­ enable businesses to provide child care serv­ vate organization. servation Corps, especially as they re­ ices. (4) SECRETARY.-The term "Secretary" late to summer employment-not out SEC. 3. ELIGIBILITY TO RECEIVE GRANTS. means the Secretary of Health and Human of a belief Federal jobs programs lead To be eligible to receive a grant under sec­ Services. to the formation of a larger national tion 2, a business, nonprofit business organi­ SEC. 7. AUTHORIZATION OF APPROPRIATIONS. jobs base but out of concern that pock­ zation, or consortium shall submit to the There is authorized to be appropriated to ets of America are ignored at society's Secretary an application in accordance with carry out this Act $25,000,000 for each of the peril. As long as the challenge of com­ section 4. fiscal years 1994, 1995, 1996, and 1997. munism remains on the wane, the pri­ SEC. 4. APPLICATION. The application required by section 3 shall mary area where old revenue commit­ be submitted by a business, nonprofit busi­ CRAFTING A CONSTRUCTIVE ments can be reduced is, of course, de­ ness organization, or. consortium at such ALTERNATIVE fense spending. In addition to reducing time, in such form, and containing such in­ spending on weapons systems such as formation as the Secretary may require by The SPEAKER pro tempore. Under a SDI and the Osprey, I would suggest rule, except that such application shall con­ previous order of the House, the gen­ the case for a gigantic fiscal commit­ tain- tleman from Iowa [Mr. LEACH] is recog­ ment to the space station and super (1) an assurance that the applicant shall nized for 60 minutes. collider lacks persuasiveness. expend, for the purpose for which such grant Mr. LEACH. Mr. Speaker, in his is made, an amount not less than 200 percent On the tax side, I would eliminate of the amount of such grant; State of the Union Address President the new tax break the President pro­ (2) an assurance that such applicant will Clinton sounded a clarion call for defi­ poses for real estate developers as well expend such grant for the use specified in cit reduction. His music was right. Un­ as the current right of merger paragraph (1) or (2) of section 2, as the case fortunately, the programmatic script suicidalists to deduct interest on debt may be; which followed may prove to be more assumed in large leveraged buy outs (3) an assurance that such applicant will of a tragic comedy than romantic [LBO's]. American free enterprise func­ employ strategies to ensure that child care thriller. Instead of proposing that Gov­ tions best with the widest possible dis­ services provided by such applicant, or pro­ ernment set an example and tighten its vided with the technical information and as­ tribution of ownership. Conglomera­ sistance made available by such applicant, belt, the President called for the larg­ tion should be penalized, not subsidized are provided at affordable rates, and on an est peacetime tax hike in history, a by the taxpaying public. I also have equitable basis, to low- and moderate-income multibillion dollar increase in spend­ doubts about tax breaks that are spe­ employees; ing, and the postponement of any defi­ cific to industries, such as intangible (4) an assurance that such applicant- cit reduction until the third year of his drilling wri teoffs and the oil depletion (A) in the case of a business or consortium, program. allowance. In exchange for eliminating will comply with all State and local licens­ What we are seeing is the develop­ ing requirements applicable to such business such specific industry tax breaks and or consortium concerning the provision of ment of one of the great political de­ what in effect is a conglomeration sub­ child care services; or marcations of the century. At issue sidy, I would lower capital gains taxes, (B) in the case of a nonprofit business orga­ with middle-class Americans is wheth­ preferably to 15 percent, and index cap­ nization, will employ procedures to ensure er it's the spending appetite of the ital gains for inflation. that technical information and assistance Government that should be disciplined One change in the Tax Code proposed provided under this Act by such business or­ or the pocketbook of the taxpayer that by President Clinton that is both popu­ ganization will be provided only to busi­ should be tapped. One of America's two list and compelling is the call to cease nesses that provide child care services in compliance with all State and local licensing political parties is suggesting that it allowing corporations to deduct as requirements applicable to child care provid­ intends to reduce the deficit tomorrow business expenses salaries above a mil­ ers in such State; and by raising taxes and jolting the econ­ lion dollars. Corporations should have (5) in the case of a business or consortium, omy with new spending programs the right to pay their executives more an assurance that if the employees of such today. The other holds that proposals than five times the President of the applicant do not require all the child care for bigger Government are likely to United States but the taxpayer should services for which such grant and the funds deter job creation and that postponing not have the obligation to subsidize required by paragraph (1) are to be expended deficit reduction is a prescription for by such applicant, the excess of such child such board room decisions. care services shall be made available to fam­ lower economic growth. It believes the Other changes a growing number of ilies in the community in which such appli­ challenge is to address the deficit now, economists suggest Americans might cant is located. primarily by holding the line on spend­ want to keep an open mind about are SEC. 5. SELECTION OF GRANTEES. ing. the provision of greater incentives for For purposes of selecting applicants to re­ In the context of a plan laid on the saving and the development of new ap­ ceive grants under this Act, the Secretary table, it is fair for the President to ask proaches to tapping revenues from the 3994 CONGRESSIONAL RECORD-HOUSE March 3, 1993 underground economy and foreign prof­ Real changes are also needed in the on character as well as financial as­ its derived from U.S. sales. way Congress does business. The case sessments. Putting aside the possibility of such for a line-item veto, balanced budget Having gone from a period in which a structural changes in the Tax Code, the amendment to the Constitution, and yellow light on safety and soundness above macroeconomic approach would campaign finance reform are over­ concerns has led to a red light on lend­ reduce the deficit over $200 billion in 3 whelming. These three initiatives are ing, the challenge is to give banks the years-$125 billion in spending cuts, $50 interrelated: The first decreases both green light to lend, especially for com­ billion in projected program increases, the impulse to spend and the unfair­ mercial activities. and $25 billion in interest costs. In ad­ ness by which Federal dollars are allo­ If a macroeconomic environment can dition, I have little doubt-but here we cated by reducing the influence of leg­ be established which causes an are dealing with the conjecture of as­ islative power brokers; the second puts unleashing of entrepreneurial lending, sumptions that go into econometric restraints on Congress as a whole; and all of the more ballyhooed public-sec­ models-that the spur of lower interest the third reduces the influence of spe­ tor jobs initiatives of the President rates with disciplined Federal spending cial interest groups, both on spending . will pale in significance. and taxation would produce more tax and tax policy. The financial infrastructure is there. paying jobs than the Clinton program The challenge for the new adminis­ The only question is whether public and thus a larger tax base. Ironically, tration is to shift priorities, as it is sector leadership is up to the task of it is not at all clear, despite the jobs committed to do, without radically in­ disciplining itself and there by freeing program rhetoric of the new adminis­ creasing either Federal spending or the up the private sector to create real jobs tration, that bigger government, which deficit. The size of Government may in for real people. is the President's approach, means a the long run be a more important vari­ The background of new tax policies, bigger number of jobs. What is clear is able than the size of the deficit. Never­ the bite of which on middle-class citi­ that a program of deficit reduction theless, while perhaps impossible to zens will become more apparent as de­ without tax increases is most likely to graph, I would suggest the existence of tails are revealed in the weeks ahead, boost the total number of private sec­ is the commitment of the administra­ tor jobs. Hence, the fiscal deficit is Leach's Law of Disorderly Deficits whereby at some point a seemingly in­ tion to shift gears by this summer on likely to be reduced with such an ap­ health policy. There is a profound case proach substantially more than the fig­ cremental increase . in the deficit, whether precipitated by a tax cut or for health care reform, but few suggest ures indicated through spending re­ massive change is likely to eventuate straint alone and substantially more new program expenditure, has a cy­ clonic straw-breaking effect, so punish­ without an increase in cost to the Gov­ than under the Clinton program, in the ernment. With this new spending outyears as well as the near term. ing to market confidence, so strangling Four years ago I thought President of private savings that the cost of all thrust on the horizon, prudence dic­ Bush was right to call for a flexible borrowing quantumly escalates. The tates that the goal of the Federal Gov­ freeze on Federal spending and right to first casualty of fiscal ill-discipline is ernment should be to attempt rigor­ attempt to negotiate with the more the private sector borrower, the second ously to pare back current pro­ liberal leadership of Congress to put in the taxpayer, and the third any finan­ grammatic commitments from 23 to 20 place across-the-board spending caps. cial intermediary which lacks the ca­ percent of GNP. If the taxpayer is Unfortunately, the compromise the pacity to hedge or adapt lending rates going to be asked to carry the burden former President had to swallow to get quickly. of new public health initiatives, care spending cuts with teeth was both a Here, the role of America's banking should be taken to reduce rather than tax increase-by comparison with Clin­ system cannot be underestimated or increase existing Federal spending ton's massive adjustment of the Tax President Clinton's good fortune over­ commitments. A guns and butter pol­ Code a modest one-quarter of 1 percent estimated. icy sunk LBJ. Health care added to a of GNP-and sliding scale spending re­ Today, the biggest problem in bank­ tax and pork policy could well do in straint with real fiscal discipline not ing relates more to the role of banks in this administration. required until the later years of a 6- strengthening the economy, than the What seems to be lacking in Wash­ year plan. In the first 2 years of the role of the economy on the strength of ington today is simple common sense. Bush-congressional compromise, spend­ banks. Also perspective. Any sense of history ing increases were authorized well The Bush years can be characterized would suggest this is no time for Amer­ above the inflation rate. Afterward, re­ as a 4-year retrenchment period in ica to lose self-confidence or turn with straint would only kick in if the Presi­ which our Nation's public financing panic to the Government to solve an dent elected as a result of the 1992 elec­ system weakened but our private sec­ ever larger percentage of societal prob­ tion concurred with keeping the re- tor banking system stabilized. By the lems. There is no reason the 1990's straints. · end of this year, if the legacy of S&L shouldn't become the greatest boom The Clinton program can only be de­ mistakes is finally put behind us, the decade in American history. In all but scribed as a magnified repeat of the United States should have the strong­ a few areas the United States is leading Bush approach. Deficit reduction is de­ est banking system in the world. our industrial competitors. Inflation is layed while spending and taxes are President Clinton thus has the down; GNP growth is positive; spending whoppingly increased. President Clin­ unique opportunity to build on a much in the nonproductive defense arena is ton would have been better advised to stronger and more stable financial sys­ shrinking; world trade is growing; the keep rather than abandon Bush's hard­ tem than Mr. Bush inherited. While banking system is secure; and, most won caps and deal with the deficit now Bush's. challenge was to increase the importantly, America is at peace with rather than later. Unfortunately, his viability if not survivability of our the world, although more than a few decision 2 weeks ago to release Con­ banks, with runs on some banks a real societies may not be at peace with gress from already legislated across­ possibility 4 years ago, President Clin­ their own citizens or neighbors. the-board caps has the effect of in­ ton has the 1uxury of emphasizing ways The counterbalancing negatives are creasing spending $180 billion over the the banking system can be incentivized the weakness of politicians and their next 3 years. Given this indifference to to serve more aggressively the econ­ failure to rein in budget deficits as well reasoned and reasonable restraints I omy at large. At issue is not just the as the existence of stark social di­ have come to the conclusion that creation of community development chotomies, largely in inner-city areas, spending freezes are no longer good banks, but, far more importantly, a where drug and prejudice-based quasi­ enough. Real cuts in Federal spending regulatory climate that emphasizes caste systems flourish. If Government are needed to adjust for the real in­ bank strength-strong capital re­ can reestablish a model of fiscal pru­ creases that have occurred in recent serves-and banker discretion-the dence, opportunity fairness, and leader­ years. flexibility to make commercial loans ship ethics, the engine of American March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3995 economic ingenuity should be able to and most of Asia, is established on the doc­ der and arrest undocumented aliens, the prob­ power an awesome recovery. Unham­ trine of jus sanguinis, or the place of the par­ lem of illegal aliens is a serious matter pered by leadership mistakes, the po­ ents' citizenship. Even Canada and Australia, throughout southern California and the border tential of America knows no bounds. which follow the jus soli rule, mandate legal States, as well as in many other areas of this Even with a few, the economy should residence requirements. country. After s·everal years of decline, largely prosper. But if a market economy is Some constitutional scholars, including as a consequence of the ban on hiring illegals, robbed of its incentive rationale, the Peter Schuck and Roger Smith of Yale Univer­ and stiff sanctions on employers who flout the greatest political experiment in the sity, have suggested that birthright citizenship law, the number of arrests of illegal aliens is history of the world could be sorely is an anomaly in a nation that is based on the rising to the pre-1986 level of 1.8 million a tested. will of the people and government by consent, year. There may be as many as 3 million and propose a reinterpretation of the 14th aliens currently residing in southern California amendment's citizenship clause. They argue alone. IT IS TIME TO AMEND OUR that its guarantee of citizenship to those born I need not recite the economic, social, and BIRTHRIGHT CITIZENSHIP LAWS "subject to the jurisdiction" of the United political problems that this crisis of illegal im­ The SPEAKER pro tempore (Mr. States should be read to embody the public migration poses to Federal, State, and local MOLLOHAN). Under a previous order of law's conception of consensual membership, governments, to communities and neighbor­ the House, the gentleman from Califor­ and therefore to refer only to children of those hoods, and to families, small businesses, law nia [Mr. GALLEGLY] is recognized for 15 legally admitted to permanent residence in the enforcement, medical facilities, health provid­ minutes. American community; that is, citizens and ers, schools, social welfare agencies, trans­ Mr. GALLEGL Y. Mr. Speaker, as indispen­ legal resident aliens. portation systems, and to other legal immi­ sable parts of my package of proposals for Whatever historic, political, and social rea­ grants seeking jobs and assistance. Suffice it curbing illegal immigration, I introduce today, sons led to the inclusion of birthright citizen­ to say, U.S. taxpayers are shelling out billions two bills dealing with the issue of automatic ship in the 14th amendment, the Framers of dollars annually in various direct benefits for birthright citizenship. Both are aimed at ending were clearly motivated by a desire to eradicate illegal aliens nationwide-the Center for Immi­ the practice prevalent along the border for the legacy of the Dred Scott decision. In the gration Studies estimated the cost in 1990 to pregnant alien women to cross illegally into mid-19th century, no one could have antici­ be at least $5.4 billion-benefits which are the United States for the purpose of obtaining, pated the rise of the modern welfare state or then unavailable to poor and needy families of at taxpayers' expense, free medical care dur­ a massive increase in illegal immigration. At American citizens and legal aliens. ing their pregnancy, and free delivery of their that time, immigration to this country was vir­ In Los Angeles County alone, officials esti­ babies in public hospitals, and then enabling tually unregulated and unrestricted. Labor was mate the net cost of providing health, edu­ those children to be declared American citi­ in short supply, and farmers, laborers, trades­ cation, and welfare benefits to illegal aliens zens at birth, with all the rights, privileges, and men, and mechanics were universally wel­ and their children rose by almost $70 million benefits available to citizens of the United comed to an expanding nation. Americans during the past 2 years to $276.2 million-a States. celebrated an open-door policy as a way to whopping 34-percent increase. County officials Mr. Speaker, under American law, all per­ make this country a place of refuge for what warn that the cost of the Aid to Families With sons born in and subject to the jurisdiction of George Washington called the oppressed and Dependent Children [AFDC] Program could the United States are considered to be both persecuted of all nations and religions. reach $1 billion by the end of the decade. This nationals and citizens of the United States at This liberal policy changed dramatically with is not surprising in .light of the fact that nearly birth. This principle was recognized in this the tide of immigration, leading over the years two-thirds of all children born in county-oper­ country prior to the adoption of the 14th to various exclusion acts, national origin ated hospitals during fiscal year 199G-91, amendment to the Constitution of the United quotas and other legal restrictions, culminating were the offspring of illegal immigrant parents. States which embodies it. in the more evenhanded Immigration and Na­ Clearly, the present guarantee under our Because times have changed, today I am tionality Act of 1986. Concerns have shifted in laws of automatic birthright citizenship to the introducing legislation to restrict citizenship recent years from encouragement of immigra­ children of illegal aliens is one more causal merely by virtue of birth in the United States tion to control of our borders. factor contributing to the crisis of illegal immi­ to persons born of mothers with citizen or America takes pride in the fact that it is, and gration. When this enticement is combined legal resident status. I propose a constitutional has always been, a nation in which immigrants with the attraction of expanded entitlements amendment which would repeal the citizenship have found asylum and opportunity and, by conferred upon citizen children and their fami­ clause of the 14th amendment, together with virtue of their hard work, and by means of lies by the welfare state, the total effect of a bill to amend the Immigration and Nationality their lawful efforts to obtain citizenship status, birthright citizenship laws is significant and Act to bring our immigration laws in line with have come to enjoy the same rights, privi­ clearly harmful. It is time for Congress to act this proposed new rule of citizenship. leges, and immunities as native-born citizens. to remove such powerful incentives. This change in our laws would bring the In my native California, our way of life has The question of the citizenship status of na­ United States closer in line with the vast ma­ been enhanced and deeply enriched by the tive-born children of illegal aliens was never jority of nations which base citizenship on the settlement of Latinos, Asians, and other per­ really considered by the Framers of the 14th line of descent doctrine, which depends on the sons of foreign origins within our borders. The amendment; today's situation simply did not nationality of the parents. As a consequence, enactment of major immigration reforms during exist at that time. Nor has this question been our country will be better able to pursue more the 1980's and 1990's attests to our continu­ presented squarely to the Supreme Court for sensible and humane policies to deal with the ing strong commitment to the melting-pot final determination. In the single case in which flood of illegal immigration into this country, credo, and our belief that newcomers legally the Supreme Court examined the issue of and the serious problems this flood has entering our shores will benefit America's alien citizenship, United States v. Wong Kim caused which the framers of the 14th amend­ economy and its social and cultural heritage. Ark, 169 U.S. 649 (1898), the majority con­ ment could not have foreseen. We must recognize, however, that the Unit­ cluded that the citizenship clause did extend Mr. Speaker, for almost two centuries, ed States is also a nation of finite resources birthright citizenship to an American-born son American citizenship has been governed by and opportunities which must be available to, of Chinese subjects, but significantly, the par­ rules based upon the place of birth rather than and shared, by all its citizens. Today, in many ents were also permanent residents of Califor­ the line of descent. The common law principle parts of this country, especially in California, nia. of jus soli is codified in section 1 of the 14th our cities and towns are being overrun with It is difficult to defend a practice that auto­ amendment which provides: "All persons born immigrants, both legal and undocumented, matically extends birthright citizenship to the or naturalized in the United States, and sub­ who pose major economic and law enforce­ native-born offspring of illegal aliens. The par­ ject to the jurisdiction thereof, are citizens of ment problems for local governments, and ents of such children are, by definition, individ­ the United States and of the State wherein place an added burden on their already uals whose presence within the jurisdiction of they reside." By contrast, citizenship in Eng­ strained budgets. the United States is prohibited by law. If our land, France, Germany, Japan, the former So­ Despite improvements in the immigration society has refused explicitly to consent to viet Union, the countries of the rest of Europe, law, and stepped-up efforts to police the bor- their membership, it certainly cannot be said 3996 CONGRESSIONAL RECORD-HOUSE March 3, 1993 to have consented to that of their offspring H.J. RES. - RULES OF PROCEDURE FOR COM­ merely because they happen to be born in this Resolved by the Senate and House of Rep­ MITTEE ON GOVERNMENT OPER­ country at the same time that their parents are resentatives of the United States of America in ATIONS FOR THE 103D CONGRESS here in violation of the law. Regardless of the Congress assembled, (two-thirds of each House (Mr. CONYERS asked and was given concurring therein), That the following article humanitarian appeal and the innocent status permission to extend his remarks at of these children of illegal aliens, the legiti­ is proposed as an amendment to the Con­ stitution of the United States, which shall be this point in the RECORD and to include mate needs and demands of this country's citi­ valid to all intents and purposes as part of extraneous matter.) zens and legal resident aliens must take prec­ the Constitution when ratified by the legis­ Mr. CONYERS. Mr. Speaker, pursuant to edence. latures of three-fourths of the several States clause 2(a) of rule XI of the House of Rep­ There are a myriad of problems created by within seven years after the date of its sub­ resentatives, I submit for printing in the CoN­ current law. For instance, illegal aliens with cit­ mission for ratification: GRESSIONAL RECORD the rules of the Commit­ izen children are less likely to be deported " ARTICLE- tee on Government Operations for the 103d than if their offspring are regarded as aliens. " SECTION 1. All persons born in the United Congress. The committee's rules were adopt­ Illegal alien parents are subject to deportation States, and subject to the jurisdiction there­ ed on February 18, 1993, in open session, a despite the legal status of their children. In of, of mothers who are citizens or legal resi­ quorum being present. fact, however, many parents succeed in hav­ dents of the United States and all persons I. RULES OF THE COMMITTEE ON GOVERNMENT ing their children here while being forced to re­ naturalized in the United States are citizens OPERATIONS turn to their native land or, in the alternative, of the United States and of the State where­ in they reside. The first sentence of section U.S . HOUSE OF REPRESENTATIVES, 1030 departing as a family and depriving the chil­ CONGRESS dren of their American birthright, poses an ex­ 1 of the fourteenth article of amendment to the Constitution of the United States is Rule XI, 1(a)(1) of the House of Representa­ treme hardship. In addition, illegal alien par­ hereby repealed. tives provides: ents are often able to bootstrap their off­ " SECTION 2. The Congress shall have power The Rules of the House are the rules of its spring's citizen status into legal residence, and to enforce this article by appropriate legisla­ committees and subcommittees so far as ap­ later, naturalized status for themselves. Once tion. plicable, except that a motion to recess from the child reaches majority he or she may file " SECTION 3. This article shall apply to per­ day to day, and a motion to dispense with a petition for legal permanent resident status sons born after the date of its ratification.". the first reading (in full) of a bill or resolu­ tion, if printed copies are available, are non­ for the parents. Moreover, the parents can H.R. - debatable motions of high privilege in com­ usually obtain welfare and other public bene­ mittees and subcommittees. fits for their citizen children, if not directly for Be it enacted by the Senate and House of Rep­ Rule XI, 2(a) of the House of Representa­ themselves. The county welfare agencies resentatives of the United States of America in tives provides, in part: send the check to the parent for the child's Congress assembled, " Each standing committee of the House benefit, but have no assurance, and with lim­ SECTION I. LIMITING CITIZENSHIP AT BIRTH, shall adopt written rules governing its proce­ ited personnel cannot ensure, that the funds MERELY BY VIRTUE OF BffiTH IN dure. * * *" THE UNITED STATES, TO PERSONS are spent for the child's needs. In any case, In accordance with the foregoing, the Com­ WITH LEGAL RESIDENT MOTHERS. mittee on Government Operations, on Feb­ the parents' responsibility of providing for their (a) lN GENERAL.-Section 301(a) of the Im­ ruary 18, 1993, adopted the rules of the com­ children is often transferred to the Government migration and Nationality Act (8 U.S.C. mittee. The rules read as follows: and the taxpayers-at the expense of the 1401(a)) is amended by inserting before the Rule ] .-Application of Rules needs of the children of citizen and legal resi- semicolon the following: ", of a mother who is a citizen or legal resident of the United Except where the terms " full committee" dent parents. · - and ''subcommittee" are specifically referred The changes which I am proposing would States" . (b) EFFECTIVE DATE.- The amendment to, the following rules shall apply to the resolve this issue. The joint resolution I am in­ Committee on Government Operations and troducing would rewrite the citizenship clause made by subsection (a) shall apply to persons born after the date of ratification of an arti­ its subcommittees as well as to the respec­ to ensure that the citizenship of a person born cle of amendment to the Constitution of the tive chairmen. in the United States is restricted to, and de­ United States that repeals the first sentence [See House Rule XI, 1.] pendent upon, the citizenship or legal resident of section 1 of the fourteenth article of Rule 2.-Meetings status of his or her mother. The companion bill amendment to the Constitution of the Unit­ The regular meetings of the full committee would amend the Immigration and Nationality ed States. shall be held on the second Tuesday of each Act to provide for the same rule of citizenship. month at 10 a.m., except when Congress has These changes are to apply prospectively, that adjourned. The chairman is authorized to is, to persons born after the date of ratifica­ dispense with a regular meeting or to change the date thereof, and to call and convene ad­ tion, in order to avoid confusion, uncertainty, COMMUNICATION FROM THE HON­ ditional meetings, when circumstances war­ and litigation. ORABLE GLENN POSHARD, MEM­ rant. A special meeting of the committee In my opinion, this legislation will bring an BER OF CONGRESS may be requested by members of the com­ element of reality and fairness to America's mittee in accordance with the provisions of modern immigration policies, bringing them in The SPEAKER pro tempore laid be­ House Rule XI, 2(c)(2). Subcommittees shall line with the policies of most other nations. It fore the House the following _commu­ meet at the call of the subcommittee chair­ will satisfy the concerns of the Framers and nication from the Honorable GLENN men. Every member of the committee or the modern critics of immigration law that Amer­ POSHARD, Member of Congress: appropriate subcommittee, unless prevented ican citizenship for all individuals born in the HOUSE OF REPRESENTATIVES , by unusual circumstances, shall be provided Washington , DC, February 26, 1993. with a memorandum at least three calendar United States will be available to only those days prior to each meeting or hearing ex­ born to at least one parent-the mother-who Hon. THOMAS FOLEY, The Capitol, plaining (1) the purpose of the meeting or is a citizen or a legal resident of this country. Washington, DC. hearing; and (2) the names, titles, back­ Thus, it should relieve the growing angry dis­ DEAR MR. SPEAKER: This is to formally no­ ground and reasons for appearance of any sent among our citizens who disapprove of the tify you pursuant to rule L (50) of the rules witnesses. The minority staff shall be re­ growing numbers of newly arrived foreigners of the House that I have been served with a sponsible for providing the same information in their midst and resent the granting of bene­ subpoena issued by the United States Dis­ on witnesses whom the minority may re­ trict Court for the Southern District of Illi­ quest. fits and services supported by their taxes to [See House Rule XI, 2(b). ] those immigrants who they suspect came to nois for materials related to a civil lawsuit Rule 3.-Quorums this country merely in order to have children involving a constituent. and steal their jobs. By restoring equity and After consultation with the General Coun­ A majority of the members of the commit­ sel, I have determined that compliance with tee shall constitute a quorum, except that fairness, this legislation could promote broader the subpoena is not consistent with the two members shall constitute a quorum for public acceptance of our generous immigration privileges and precedents of the House. taking testimony and receiving evidence, laws and to those who benefit from them. Sincerely, and one-third of the members shall con­ Mr. Speaker, I urge my colleagues to act GLENN POSHARD, stitute a quorum for taking any action other promptly and pass this legislation. Member of Congress . than the reporting of a measure or rec- March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3997 ommendation. Proxies shall not be used to tion of more than one subcommittee or does witness until each member who so desires establish a quorum. If the chairman is not not fall within any previously assigned juris­ has had such opportunity. Until all such re­ present at any meeting of the committee or diction, the chairman shall refer the matter quests have been satisfied, the chairman subcommittee, the ranking member of the as he may deem advisable. Bills, resolutions, shall, so far as practicable, recognize alter­ majority party on the committee or sub­ and other matters referred to subcommittees nately on the basis of seniority those major­ committee who is present shall preside at may be reassigned by the chairman when, in ity and minority members present at the that meeting. his judgment, the subcommittee is not able time the hearing was called to order and oth­ [See House Rule XI, 2(h).] to complete its work or cannot reach agree­ ers on the basis of their arrival at the hear­ Rule 4.- Committee Reports ment therein. In a subcommittee having an ing. Thereafter, additional time may be ex­ Bills and resolutions approved by the com­ even number of members, if there is a tie tended at the direction of the chairman. mittee shall be reported by the chairman in vote with all members voting on any meas­ Rule 15.-Investigative Hearings; Procedure accordance with House Rule XI, 2(1). ure, the measure shall be placed on the agen­ Investigative hearings shall be conducted Every investigative report shall be ap­ da for full committee consideration as if it according to the procedures in House Rule proved by a majority vote of the committee had been ordered reported by the subcommit­ XI, 2(k). All questions put to witnesses be­ at a meeting at which a quorum is present. tee without recommendation. This provision fore the committee shall be relevant to the Supplemental, minority, or additional views shall not preclude further action on the subject matter before the committee for con­ may be filed in accordance with House Rule measure by the subcommittee. sideration, and the chairman shall rule on XI, 2(1)(5). The time allowed for filing such [See House Rule XI, l(a)(2).] the relevance of any questions put to the views shall be three calendar days (excluding Rule 9.-Ex Officio Members witness. Saturdays, Sundays, and legal holidays) un­ The chairman and the ranking minority Rule 16.-Stenographic Record less the committee agrees to a different member of the committee shall be ex officio A stenographic record of all testimony time, but agreement on a shorter time shall members of all subcommittees. They are au­ shall be kept of public hearings and shall be require the concurrence of each member thorized to vote on subcommittee matters; made available on such conditions as the seeking to file such views. A proposed report but, unless they are regular members of the chairman may prescribe. shall not be considered in subcommittee or subcommittee, they shall not be counted in full committee unless the proposed report determining a subcommittee quorum other Rule 17.-TV, Radio, and Photographs has been available to the members of such than a quorum for the purpose of taking tes­ When approved by a majority vote, an open subcommittee or full committee for at least timony. meeting or hearing of the committee or a subcommittee may be covered, in whole or in three calendar days (excluding Saturdays, Rule 10.-Staff Sundays, and legal holidays) prior to the part, by television broadcast, radio broad­ consideration of such proposed report in sub­ Except as otherwise provided by House cast, and still photography, or by any of such committee or full committee. If hearings Rule XI, 5 and 6, the chairman of the full methods of coverage, subject to the provi­ have been held on the matter reported upon, committee shall have the authority to hire sions of House Rule XI, 3. In order to enforce every reasonable effort shall be made to have and discharge employees of the professional the provisions of said rule or to maintain an such hearings available to the members of and clerical staff of the full committee and acceptable standard of dignity, propriety, the subcommittee or full committee prior to of subcommittees subject to appropriate ap­ and decorum, the chairman may order such the consideration of the proposed report in proval. alteration, curtailment, or discontinuance of such subcommittee or full committee. Rule 11 .-Staff Direction coverage as he determines necessary. Rule 5.-Proxy Votes Except as otherwise provided by House Rule lB.-Additional Duties of Chairman A member may vote by proxy on any meas­ Rule XI, 5 and 6, the staff of the committee The chairman of the full committee shall: ure or matter before the committee and on shall be subject to the direction of the chair­ (a) Make available to other committees any amendment or motion pertaining there­ man of the full committee and shall perform the findings and recommendations resulting to. A proxy shall be in writing and be signed such duties as he may assign. from the investigations of the committee or by the member granting the proxy; it shall Rule 12.-Hearing Dates and Witnesses its subcommittees as required by House Rule show the date and time of day it was signed The chairman of the full committee will X, 4(c)(2); and the date for which it is given and the announce the date, place, and subject matter (b) Direct such review and studies on the member to whom the proxy is given. Each of all hearings at least one week prior to the impact or probable impact of tax policies af­ proxy authorization shall state that the commencement of any hearings, unless he fecting subjects within the committee's ju­ member is absent on official business or is determines that there is good cause to begin risdiction as required by House Rule X, 2(c); otherwise unable to be present; shall be lim­ such hearings at an earlier date. In order (c) Submit to the Committee on the Budget ited to the date and the specific measure or that the chairman of the full committee may views and estimates required by House Rule matter to which it applies; and, unless it coordinate the committee facilities and X, 4(g), and to file reports with the House as states otherwise, shall apply to any amend­ hearing plans, each subcommittee chairman required by the Congressional Budget Act; ments or motions pertaining to the measure shall notify him of any hearing plans at least (d) Authorize and issue subpoenas as pro­ or matter. two weeks in advance of the date of com­ vided in House Rule XI, clause 2(m), in the [See House Rule XI, 2(f).] mencement of hearings, including the date, conduct of any investigation or activity or Rule 6.-Roll Calls place, subject matter, and the names of wit­ series of investigations or activities within nesses, willing and unwilling, who would be the jurisdiction of the committee; and A roll call of the members may be had (e) Prepare, after consultation with sub­ upon the request of any member. called to testify, including, to the extent he is advised thereof, witnesses whom the mi­ committee chairmen and the minority, a [See House Rule XI, 2(e).] budget for the committee which shall in­ Rule 7.-Record of Committee Actions nority members may request. The minority members shall supply the names of witnesses clude an adequate budget for the subcommit­ The committee staff shall maintain in the they intend to call to the chairman of the tees to discharge their responsibilities. committee offices a complete record of com­ full committee or subcommittee at the earli­ Rule 19.- Committee Prints mittee actions including a record of the roll­ est possible date. Witnesses appearing before Any committee print or investigative staff call votes taken at committee business the committee shall, so far as practicable, report prepared for public distribution shall meetings. The original records, or true cop­ submit written statements at least 24 hours either be approved by the committee pursu­ ies thereof, as appropriate, shall be available in advance of their appearance. ant to Rule 4 or such print or report shall for public inspection whenever the commit­ [See House Rules XI, 2 (g)(3), (g)(4 ), (j ), and contain on its cover the following dis­ tee offices are open for public business. The (k ) .] claimer: staff shall assure that such original records " Prepared for the use of members of the are preserved with no unauthorized alter­ Rule 13.-0pen Meetings Meetings for the transaction of business Committee on Government Operations by ation, additions, or defaceme.nt. members of its staff. This document has not [See House Rule XI, 2(e).] and hearings of the committee shall be open been officially approved by the committee Rule B.-Subcommittees; Referrals to the public or closed in accordance with Rule XI of the House of Representatives. and may not reflect the views of its mem­ There shall be six subcommittees with ap­ [See House Rules XI, 2 (g) and (k).] bers.'' propriate party ratios which shall have fixed Any such print or report not officially ap­ jurisdictions. Bills, resolutions, and other Rule 14.-Five-Minute Rule proved by the committee shall not include matters shall be referred by the chairman to A committee member may question a wit­ the names of its members, other than the subcommittees within two weeks for consid­ ness only when recognized by the chairman name of the committee chairman under eration or investigation in accordance with for that purpose. In accordance with House whose authority the document is released. their fixed jurisdictions. Where the subject Rule XI, 2(j)(2), each committee member Any such print or report shall be made avail­ matter of the referral involves the jurisdic- may request up to five minutes to question a able to the committee chairman and ranking 3998 CONGRESSIONAL RECORD-HOUSE March 3, 1993 minority member not less than three cal­ Mr. STARK in two instances. Act for calendar year 1992, pursuant to 5 endar days (excluding Saturdays, Sundays, Mr. TOWNS in three instances. U.S.C. 552(d); to the Committee on Govern­ and legal holidays) prior to its public re­ Mr. HAMILTON. ment Operations. lease. Mr. BILBRA Y. 838. A letter from the Clerk, U.S. House of This rule shall not apply to the publication Representatives, transmitting the quarterly of public hearings, legislative documents, Mr. REED. report of receipts and expenditures of appro­ documents which are administrative in na­ Mr. MATSUI. priations and other funds for the period Oc­ ture or reports to or by the committee which Mrs. KENNELLY. tober 1, 1992 through December 31, 1992, pur­ are required under public law. The appro­ Mr. ROEMER. suant to 2 U.S.C. 104a (H. Doc. No. 103-53); re­ priate characterization of a document sub­ ferred to the Committee on House Adminis­ ject to this rule shall be determined after tration and ordered to be printed. consultation with the minority. ADJOURNMENT 839. A letter from the Director, Federal Bu­ Mr. LEACH. Mr. Speaker, I move reau of Prisons, Department of Justic;:e, that the House do now adjourn. transmitting the Federal Bureau of Prisons' SPECIAL ORDERS GRANTED annual report on functional literacy require­ The motion was agreed to; accord­ ment for all individuals in Federal correc­ By unanimous consent, permission to ingly (at 5 o'clock and 23 minutes p.m.) tional institutions, pursuant to Public Law address the House, following the legis­ the House adjourned until tomorrow, 101-647, section 2904 (104 Stat. 4914); to the lative program and any special orders Thursday, March 4, 1993, at 11 a.m. Committee on the Judiciary. heretofore entered, was granted to: (The following Members (at the re­ quest of Mr. BACHUS of Alabama) to re­ EXECUTIVE COMMUNICATIONS, REPORTS OF COMMITTEES ON vise and extend their remarks and in­ ETC. PUBLIC BILLS AND RESOLUTIONS clude extraneous material:) Under clause 2 of rule XXIV, execu­ Under clause 2 of rule XIII, reports of Mr. BACHUS of Alabama, for 5 min- tive communications were taken from committees were delivered to the Clerk utes, today. the Speaker's table and referred as fol­ for printing and reference to the proper Mr. LEACH, for 60 minutes, today. lows: calendar, as follows: Mr. GALLEGLY, for 15 minutes, today. 830. A letter from the Secretary of Defense, Mr. BONIOR: Committee on rules, House Mr. SOLOMON, for 60 minutes, on transmitting a report on the funding author­ Resolution 111. Resolution waiving a require­ March 4. ized for the Strategic Sealift Program for ment of clause 4(b) of rule XI with respect to (The following Members (at the re­ fiscal year 1993, pursuant to Public Law 102- consideration of certain resolutions reported quest of Mr. MFUME) to revise and ex­ 484, sections 1023(a) and 1024(d); to the Com­ from the Committee on Rules (Rept. 103-25). mittee on armed Services. tend their remarks and include extra­ Referred to the House Calendar. 831. A letter from the Acting Assistant neous material:) Secretary for Legislative Affairs, Depart­ Mr. SABO, for 5 minutes, today. ment of State, transmitting notification of a PUBLIC BILLS AND RESOLUTIONS Mr. STARK, for 5 minutes, today. proposed license for the export of major de­ Under clause 5 of rule X and clause 4 Ms. LOWEY, for 15 minutes, today. fense equipment and services sold commer­ of rule XXII, public bills and resolu­ Mr. GLICKMAN, for 5 minutes, on cially to the Netherlands (Transmittal No. tions were introduced and severally re­ March 4. DTC-18-93), pursuant to 22 U.S.C. 2776(c); to ferred as follows: Mr. CLEMENT, for 60 minutes, on the Committee on Foreign Affairs. 832. A letter from the Acting Assistant By Mr. KOPETSKI: March 15. Secretary for Legislative Affairs, Depart­ H.R. 1185. A bill to limit contributions by Mr. STRICKLAND, for 60 minutes, on ment of State, transmitting notification of a nonparty, multicandidate political commit­ March 24. proposed license for the export of major de­ tees in House of Representatives elections, (The following Member (at the re­ fense equipment and services sold commer­ to provide an income tax credit for contribu­ quest of Mr. MOAKLEY) to revise and cially to Israel (Transmittal No. DTC-16-93), tions to nonincumbent candidates in such extend his remarks and include extra­ pursuant to 22 U.S.C. 2776(c); to the Commit­ elections, and for other purposes; jointly, to neous material:) tee on Foreign Affairs. the Committees on House Administration, Mr. STRICKLAND, for 60 minutes each 833. A letter from the Secretary of Com­ Ways and Means, and Post Office and Civil merce, transmitting the third progress re­ day, on April14, 20, and 21. Service. port regarding contracting for the rebuilding By Mrs. BENTLEY (for herself, Mr. of Kuwait, pursuant to Public Law 102-25, RAVENEL, Mr. LEWIS of California, section 606(f) (105 Stat. 111); to the Commit­ EXTENSION OF REMARKS and Mrs. MORELLA): tee on Foreign Affairs. H.R. 1186. A bill to establish the National By unanimous consent, permission to 834. A letter from the Acting Assistant Environmental Technologies Agency; joint­ revise and extend remarks was granted Secretary for Legislative Affairs, Depart­ ly, to the Committees on Science, Space, and to: ment of State, transmitting a copy of the Technology, Banking, Finance and Urban Af­ (The following Members (at the re­ President's determination that he has exer­ fairs, and the Judiciary. quest of Mr. BACHUS of Alabama) and cised the authority granted him under Sec­ By Mr. CARR: tion 451(a)(1 ) of the Foreign Assistance Act H.R. 1187. A bill to amend the Motor Vehi­ to include extraneous matter:) of 1961, as amended, authorizing funds in cle Information and Cost Savings Act of 1975 Mr. THOMAS of California. order to support the deployment of an ob­ pertaining to fuel economy standards for Mr. WALSH. server mission to Haiti, pursuant to 22 U.S.C. automobiles and light trucks; to the Com­ Mr. OXLEY. 2261(a)(2); to the Committee on Foreign Af­ mittee on Energy and Commerce. Mr. LIGHTFOOT. fairs. By Mrs. COLLINS of Illinois: Mr. LEWIS of Florida. 835. A letter from the Chairman, Federal H.R. 1188. A bill to provide for disclosures Mr. GALLO in two instances. Election Commission, transmitting a report for insurance in interstate commerce; to the of activities under the Freedom of Informa­ Committee on Energy and Commerce. Mr. HANSEN. tion Act for .calendar year 1992, pursuant to By Mrs. COLLINS of Illinois (for her­ Mr. LEACH. 5 U.S.C. 552(d); to the Committee on Govern­ self, Mr. STEARNS, Mr. MCMILLAN , Ms. MOLINARI in two instances. ment Operations. and Mr. OXLEY): Mrs. ROUKEMA. 836. A letter from the Executive Director, H.R. 1189. A bill to entitle certain armored Mr. GOODLING. Federal Retirement Thrift Investment car crew members to lawfully carry a weap­ Mr. PORTER. Board, transmitting a report of activities on in any State while protecting the security Mr. EMERSON. under the Freedom of Information Act for of valuable goods in interstate commerce in (The following Members (at the re­ calendar year 1992, pursuant to 5 U.S.C. the service of an armored car company; to 552(d); to the Committee on Government Op­ quest of MFUME) and to include ex­ the Committee on Energy and Commerce. Mr. erations. By Mr. CRANE: traneous matter:) 837. A letter from the Director of Legisla­ H.R. 1190. A bill to amend the Internal Rev­ Mrs. COLLINS of Illinois. tive Affairs, U.S. Equal Employment Oppor­ enue Code of 1986 to repeal the income tax­ Ms. DELAURO. tunity Commission, transmitting a report of ation of corporations, to impose a 10-percent Mr. LANTOS. activities under the Freedom of Information tax on the earned income-and only the March 3, 1993 CONGRESSIONAL RECORD-HOUSE 3999 earned income-of individuals, to repeal the ports relating to consumers; to the Commit­ By Mr. ROEMER (for himself and Mr. estate and gift taxes, to provide amnesty for tee on Banking, Finance and Urban Affairs. STARK): all tax liability for prior taxable years, and By Mr. MATSUI: H.R. 1207. A bill to amend the Worker Ad­ for other purposes; to the Committee on H.R. 1198. A bill to amend the Trade Act of justment and Retraining Notification Act to Ways and Means. 1974 to provide for the review of the extent to require notice of certain plant closings to be By Mr. GALLEGLY (for himself, Mr. which foreign countries are in compliance provided to the Secretary of the Treasury HYDE, Mr. ARCHER, Mr. with bilateral trade agreements with the and to amend the Internal Revenue Code of ROHRABACHER, Mr. DOOLITTLE, Mr. United States; to the Committee on Ways 1986 to deny the benefits of the Puerto Rico DUNCAN, Mr. KASICH, Mr. and Means. and possession tax credit in the case of run­ CUNNINGHAM, Mr. YOUNG of Alaska, By Mr. MciNNIS: away plants; jointly, to the Committees on Mr. MCCANDLESS, Mr. STUMP, Mr. H.R. 1199. A bill to provide for a land ex­ Ways and Means and Education and labor. BAKER of Louisiana, Mr. EMERSON, change between the Secretary of Agriculture By Mr. SANGMEISTER: and Mr. McCoLLUM): and Eagle and Pitkin Counties in Colorado, H.R. 1208. A bill to establish the Civilian H.R. 1191. A bill to amend the Immigration and for other purposes; jointly, to the Com­ Technology Corporation to provide financial and Nationality Act to limit citizenship at mittees on Natural Resources and Agri­ support for precommercial research and de­ birth, merely by virtue of birth in the United culture. velopment in technologies that are signifi­ States, to persons with citizen or legal resi­ By Mr. McDERMOTT (for himself, Mr. cant to the technology base of the United dent mothers; to the Committee on the Judi­ CONYERS, Mr. HILLIARD, Mr. BECERRA, States; to the committee on Science, Space, ciary. Mr. BERMAN, Mr. DELLUMS, Mr. ED­ and Technology. By Mr. HUNTER: WARDS of California, Mr. HAMBURG, By Ms. SHEPHERD (for herself, Mr. H.R. 1192. A bill to provide for uniformity Mr. MARTINEZ, Mr. MILLER of Califor­ FINGERHUT, Mr. BARRETT of Wiscon­ of quality and a substantial reduction in the nia, Ms. PELOSI, Mr. STARK, Mr. sin; Mr. FRANK of Massachusetts, Mr. overall costs of health care in the United TORRES, Mr. TUCKER, Ms. WATERS, KREIDLER, Ms. MALONEY, Mr. MINGE, States through the development of diag­ Ms. WOOLSEY, Mr. GEJDENSON, Ms. Mr. WYDEN, Mr. BONILLA, Ms. HAR­ nostic and treatment protocols and the im­ NORTON, Ms. MCKINNEY, Mr. ABER­ MAN and Mr. COPPERSMITH): plementation of the protocols in the program CROMBIE, Mr. BEILENSON, Mrs. MINK, H.R. 1209. A bill to limit purchases of dis­ under title XVIII of the Social Security Act, Miss COLLINS of Michigan, Mr. trict office equipment and furnishings by a the imposition of limitations on the amount EVANS, Mr. YATES, Mr. FRANK of Mas­ departing Member to items not needed for of damages that may be paid in a health care sachusetts, Mr. KENNEDY, Mr. MOAK­ official use by the successor to the departing liability action, and the mandatory estab­ LEY, Mr. OLVER, Mr. STUDDS, Mr. Member; to the Committee on House Admin­ lishment by States of alternative dispute MFUME, Mrs. COLLINS of Illinois, Mr. istration. resolution systems to resolve health care li­ 0BERSTAR, Mr. VENTO, Mr. CLAY , Mrs. By Mr. STARK (for himself and Mr. ability claims, and for other purposes; joint­ CLAYTON, Mr. PAYNE of New Jersey, ROEMER): ly, to the Committees on Ways and Means, Mr. ACKERMAN, Mr. ENGEL , Mr. H.R. 1210. A bill to amend the Internal Rev­ Energy and Commerce, and the Judiciary. HINCHEY, Mr. HOCHBRUECKNER, Mr. enue Code of 1986 to deny the benefits of the By Mrs. KENNELLY: LAFALCE, Mrs. MALONEY, Mr. MAN­ Puerto Rico and possession tax credit in the H.R. 1193. A bill to establish a program of TON, Mr. NADLER, Mr. OWENS, Mr. case of runaway plants; to the Committee on voluntary national service for young people RANGEL, Mr. SCHUMER, Mr. TOWNS, Ways and Means. and senior citizens; jointly, to the Commit­ Ms. VELAZQUEZ, Mr. STOKES, Ms. By Mr. TRAFICANT: tees on Armed Services. Education and FURSE, Mr. SCOTT, and Mr. SANDERS): H.R. 1211. A bill to direct the Secretary of Labor, Veterans' Affairs, Ways and Means, H.R. 1200. A bill to provide for health care Transportation to complete construction of and Foreign Affairs. for every American and to control the cost of the Hubbard Expressway in the vicinity of By Mr. KOPETSKI: the health care system; jointly, to the Com­ Youngstown, OH; to the Committee on Pub­ H.R. 1194. A bill to amend title XVIII of the mittees on Ways and Means, Energy and lic Works and Transportation. Social Security Act to provide coverage of Commerce. Armed Services, Post Office and By Mrs. VUCANOVICH: self-management training services under Civil Service, and Veterans' Affairs. H.R. 1212. A bill to amend the Internal Rev­ part B of the Medicare Program for individ­ By Mr. MONTGOMERY (by request): enue Code of 1986 to repeal the SO-percent H.R. 1201. A bill to amend title 38, United uals with diabetes; jointly, to the Commit­ States Code, to provide an opportunity for limitation on the amount of business meal tees on Ways and Means and Energy and and entertainment expenses which are de­ those service members on active duty who Commerce. enlisted between January 1, 1977, and June ductible; to the Committee on Ways and By Ms. LONG (for herself, Mr. GUNDER­ Means. 30, 1985, to enroll in the All-Volunteer Force SON, Mr. BROWN of California, Mr. By Ms. WATERS: Educational Assistance Program; jointly, to ENGLISH of Oklahoma, Mr. BOEHNER, the Committees on Armed Services and Vet­ H.R. 1213. A bill to amend the Internal Rev­ Mr. DOOLITTLE, Mrs. THURMAN, Mr. erans' Affairs. enue Code of 1986 to include veterans partici­ ACKERMAN, Mr. CLYBURN, Mr. HALL of pating in Operation Desert Storm and other By Mr. PAYNE of New Jersey (for him­ Ohio, Mr. HAMILTON , Mr. HINCHEY , self .and Mr. JEFFERSON): veterans as eligible for veterans' mortgage Mr. HOBSON, Mr. HOKE , Mr. JACOBS, H .R. 1202. A bill to provide financial assist­ bond financing; to the Committee on Ways Ms. KAPTUR, Mr. LAFALCE, Mrs. ance to eligible local educational agencies to and Means. MALONEY, Mr. MANN , Mr. MCCLOSKEY , improve urban education. and for other pur­ By Mr. GALLEGLY (for himself, Mr. Mr. MOLLOHAN, Mr. OXLEY, Mr. RA­ poses; to the Committee on Education and HYDE, Mr. ARCHER, Mr. HALL, Mr. RICHARDSON, Mr. ROEMER, Labor. ROHRABACHER, Mr. DOOLITTLE, Mr. Mr. SAWYER, Mr. SCHUMER, Mr. By Mr. REGULA: DUNCAN, Mr. KASICH, Mr. SHARP, Mr. SPRATT, Mr. TRAFICANT, H.R. 1203. a bill entitled " Boot Camp As­ CUNNINGHAM , Mr. YOUNG of Alaska, Mr. WALSH and Mr. WISE ): sistance" ; to the Committee on Armed Serv­ Mr. MCCANDLESS, Mr. STUMP, Mr. H.R. 1195. A bill to amend the Food Stamp ices. EMERSON, and Mr. MCCOLLUM): Act of 1977 regarding quality control; to the H.R. 1204. A bill to amend the District of H.J. Res. 129. Joint resolution proposing an Committee on Agriculture. Columbia Self-Government and Government amendment to the Constitution of the Unit­ By Mrs. LOWEY (for herself, Ms. MOL­ Relations Act to permit the District of Co­ ed States to restrict the requirement of citi­ INARI , Mr. FORD of Michigan, Mr. lumbia to impose a tax on income earned by zenship at birth by virtue of birth in the GOODLING , Mr. MILLER of California, individuals who reside outside of the Dis­ United States to persons with citizen or Mr. RANGEL, Ms. SNOWE, Mr. trict; to the Committee on the District of legal resident mothers; to the Committee on HILLIARD , Mrs. MALONEY , Mr. MAR­ Columbia. the Judiciary. TINEZ , Ms. WOOLSEY, Mrs. MEYERS of H.R. 1205. A bill to provide for the retroces­ By Mr. HANSEN (for himself, Mr. KA­ Kansas, Ms. PELOSI, Mr. FROST, Ms. sion of the District of Columbia to the State SICH, Mr. FILNER, Mr. MARKEY, Mr. NORTON , Ms. CANTWELL, Mrs. MEEK, of Maryland, and for other purposes; jointly, DOOLITTLE, Mr. ORTON, Mr. and Mr. WYDEN): to the Committees on the Judiciary and the MCDERMOTT, Mr. MORAN, and Mr. H.R. 1196. A bill to establish a program to District of Columbia. MARTINEZ ): provide child care through public-private By Mr. REYNOLDS: H.J. Res. 130. Joint resolution to designate partnerships; to the Committee on Edu­ H.R. 1206. A bill to amend title 28, United the week of March 21 , 1993, through March 27 , cation and Labor. States Code, to make the Department of Jus­ 1993, as " International Student Awareness By Mr. MACHTLEY: tice Assets Forfeiture Fund available for Week" ; to the Committee on Post Office and H.R. 1197. A bill to amend the Fair Credit support of certain community-based social Civil Service. Reporting Act to prohibit the inclusion of service agencies; to the Committee on the By Mr. SANGMEISTER (for himself, certain information in files and credit re- Judiciary. Mr. BEVILL , Mr. BREWSTER, Mr. BILl- 4000 CONGRESSIONAL RECORD-HOUSE March 3., 1993 RAKIS, Ms. DANNER, Ms. DELAURO, ADDITIONAL SPONSORS BLILEY, Mr. BATEMAN, Mr. COLEMAN, Mr. Mr. DINGELL, Mr. DORNAN, Mr. ROHRABACHER, Mr. SABO, Mr. JOHNSON of EVANS, Mr. FAWELL, Mr. FRANKS of Under clause 4 of rule XXII, sponsors South Dakota, Mr. MINGE, Mr. PARKER, Mr. Connecticut, Mr. FROST, Mr. were added to public bills and resolu­ PENNY, Mr. PETERSON of Minnesota, Mr. GALLEGLY, Mr. HASTERT, Mr. HEFNER, tions as follows: POSHARD, Ms. HARMAN, Mr. LIPINSKI, Mr. Mr. HOCHBRUECKNER, Mr. HUGHES, H.R. 13: Mr. BREWSTER. SLATTERY, Mr. BREWSTER, Mr. STARK, Ms. Ms. KAPTUR, Mr. KASICH, Mr. KILDEE, H.R. 18: Mr. RAVENEL, Mr. GoODLING, Mr. PELOSI, and Mr. TORRICELLI. . Mr. KING, Mr. LEHMAN, Mr. LIPINSKI, NADLER,Mr.EVANS,Ms.LOWEY,Mr.JOHNSON H.R. 632: Ms. MEEK. Mr. MCCANDLESS, Mr. MCCLOSKEY, of South Dakota, and Ms. DELAURO. H.R. 633: Mr. MCCANDLESS and Mr. UPTON. Mr. McHUGH, Mr. McNULTY, Ms. MOL­ H.R. 21: Mr. WILSON, Mr. WILLIAMS, Mr. H.R. 634: Mr. HOLDEN, Mr. MOLLOHAN, and INARI, Mr. MORAN, Mr. MONTGOMERY, MURTHA, Mr. MOLLOHAN, and Mr. HAYES of Mrs. MORELLA. Mrs. MORELLA, Mr. NEAL of North Louisiana. H.R. 671: Mr. RANGEL, Mr. EVANS, Mr. Carolina, Mr. PARKER, Mr. RoYCE, H.R. 28: Mr. FRANK of Massachusetts, Mr. BLACKWELL, Mr. SANDERS, Ms. DELAURO, Mr. Mr. SKEEN, Mr. SKELTON, Mr. SPENCE, HINCHEY, Mr. GUTIERREZ, Mr. RUSH, Ms. CLEMENT, Mr. YATES, Mr. NEAL of North Mr. STUPAK, Mr. WAXMAN, Mr. MALONEY, Mr. KLEIN, Ms. ROYBAL-ALLARD, Carolina, and Mr. PARKER. WHEAT, Mr. WILSON, and Mr. WOLF): Mr. WYNN, Mr. FLAKE, Mr. MFUME, Mr. CHAP­ H.R. 673: Mr. MCCANDLESS. H.J. Res. 131. Joint resolution designating MAN, and Mr. DEFAZIO. H.R. 710: Mr. EVANS, Mr. KREIDLER, Ms. December 7 of each year as "National Pearl H.R. 39: Mr. FILNER, Mr. REYNOLDS, Mr. MALONEY, Mr. 0BERSTAR, Mr. COLEMAN, Mrs. Harbor Remembrance Day"; to the Commit­ PRICE of North Carolina, Mrs. KENNELLY, Ms. UNSOELD, Mr. GUTIERREZ, Mrs. COLLINS of Il­ tee on Post Office and Civil Service. MEEK, Mr. STOKES, Mr. BACCHUS of Florida, linois, Mr. MCCOLLUM, Ms. WOOLSEY, Ms. By Mr. HOYER (for himself, Mr. Ros­ Mr. COLEMAN, Mr. DELLUMS, Mr. ZIMMER, and SHEPHERD, Ms. NORTON, Mr. JOHNSON of TENKOWSKI, Mr. PICKLE, Mr. EDWARDS Mr. KILDEE. South Dakota, Mr. CONYERS, Ms. SCHENK, of Texas, Mr. VISCLOSKY, Mr. DAR­ H.R. 59: Mr. FIELDS of Texas, Mr. PAXON, Mr. INGLIS, Mr. ROMERO-BARCELO, Mr. DEN, Mr. OLVER, Mr. BEVILL, Mr. Mr. JOHNSON of South Dakota, Mr. RAVENEL, BARRETT of Wisconsin, Mr. JACOBS, Mr. SABO, Mr: ANDREWS of Texas, Mr. AR­ Mr. MYERS of Indiana, Mr. SUNDQUIST, Mr. MCCANDLESS, Mr. BEILENSON, Mrs. COLLINS of CHER, Mr. LIGHTFOOT, Mr. WOLF, Mr. SENSENBRENNER, Mr. LIVINGSTON, Mr. KING, Michigan, Mr. HINCHEY, Mr. FROST, and Mr. ISTOOK, and Mr. HOUGHTON): Mr. HOBSON, Mr. HANSEN, and Mr. RAMSTAD. BROWN of California. H. Con. Res. 57. Concurrent resolution to H.R. 81: Mr. 0BERSTAR and Mr. MARTINEZ. H.R. 747: Mr. STUPAK, Mr. GUNDERSON, Mr. recognize the heroic sacrifice of the special H.R. 94: Mr. SCHIFF, Mr. KYL, Mr. SHAYS, GALLO, Mr. PORTER, Mr. SAM JOHNSON, Mr. agents of the Bureau of Alcohol, Tobacco and Mr. GLICKMAN, Mr. BAKER of California, and SAXTON, Mr. TORKILDSEN, Mr. GREENWOOD, Firearms in Waco, TX; jointly, to the Com­ Mr. BAKER of Louisiana. Mr. SCHAEFER, Ms. SNOWE, Mr . . GILMAN, Mr. mittees on Ways and Means and the Judici- H.R. 101: Mr. GRAMS, Mr. BARTON of Texas, WALSH, Mr. BOEHNER, Mr. NEAL of Massachu­ ary. Mr. RoTH, Mr. KYL, and Mr. HANCOCK. setts, and Mr. HOUGHTON. By Mr. GUTIERREZ: H.R. 123: Mr. CLINGER and Mr. SCOTT. H.R. 760: Mr. FILNER. H.R. 159: Mr. EVERETT and Mr. INGLIS. H.R. 777: Mr. KNOLLENBERG and Mr. LEVY. H. Con. Res. 58. Concurrent resolution to H.R. 163: Mr. SENSENBRENNER. H.R. 789: Mr. FROST, Mr. TORKILDSEN, Mr. direct the appropriate committees of the H.R. 229: Mr. SWETT and Ms. THURMAN. PORTER, Mr. HUGHES, Mr. SAWYER, Mr. AP­ House of Representatives and the Senate to H.R. 302: Mr. TORKILDSEN, Mr. GLICKMAN, PLEGATE, Mr. PETE GEREN, and Mr. REGULA. report legislation by July 30, 1993, to expand and Mr. DREIER. H.R. 821: Mr. TEJEDA. the rescission authority of the President; to H.R. 304: Mr. TORKILDSEN, Mr. GLICKMAN, H.R. 846: Mrs. KENNELLY, Mr. ZIMMER, Mr. the Committee on Rules. Mr. BONILLA, and Mr. KOLBE. RAHALL, Mr. FISH, Mr. BURTON of Indiana, By Mr. HOYER: H.R. 325: Mr. LANTOS, Mr. SANDERS, Mr. Mr. MYERS of Indiana, Mr. THOMAS of Cali­ H. Res. 110. Resolution designating major­ KREIDLER, Mr. SMITH of New Jersey, Mr. fornia, and Mr. McMILLAN. ity membership on the Committee on the REYNOLDS, Mr. STOKES, Mr. TORKILDSEN, Mr. H.R. 882: Mr. COLEMAN. Budget; considered and agreed to. SCOTT, Mr. GINGRICH, Mr. HOBSON, Mr. LEWIS, H.R. 887: Mr. PETE GEREN. By Mr. FOGLIETTA: of Georgia, and Mr. LIGHTFOOT. H.R. 893: Mr. RANGEL, Mr. TOWNS, Mr. LI­ H. Res. 112. Resolution concerning the De­ H.R. 326: Mr. STOKES, Mr. STUDDS, Mr. PINSKI, and Mr. JOHNSTON of Florida. cember 1992 Presidential election in the Re­ OLVER, Mr. TORKILDSEN, and Mr. H.R. 902: Mr. SHAYS, Mr. ANDREWS of public of Korea; to the Committee on For­ F ALEOMA VAEGA. Texas, Mr. CRAMER, Mr. SCHUMER, Mr. eign Affairs. H.R. 349: Mr. MINGE, Mr. INSLEE, and Mr. MORAN, Mr. COLEMAN, Ms. SHEPHERD, and By Mr. MANZULLO (for himself and BARRETT of Wisconsin. Mr. SCOTT. Mr. MCINNIS): H.R. 389: Mr. SAM JOHNSON. H.R. 911: Mr. HUTTO, Mr. CLINGER, and Mr. H. Res. 113. Resolution amending the Rules H.R. 390: Mr. SAM JOHNSON. DREIER. of the House of Representatives to allow H.R. 396: Mr. KING. H.R. 962: Mr. MORAN, Mr. MACHTLEY, Mr. Members to utilize the services of volunteers H.R. 410: Mr. BONILLA. HALL of Texas, Mr. MONTGOMERY, Mr. THOM­ in their offices, and for other purposes; to H.R. 411: Mr. DELAY. AS of Wyoming, Mr. STUMP, Mr. PETERSON of the Committee on Rules. H.R. 412: Mr. KYL, Mr. PACKARD, Mr. ZIM­ Florida, Mr. PENNY, Ms. PRYCE of Ohio, Mr. By Mr. SCHAEFER: MER, and Mr. PETRI. SENSENBRENNER, Mr. VALENTINE, Mr. HAN­ H.R. 436: Mr. FIELDS of Texas, Mr. HAST­ SEN, Mr. MCCOLLUM, Mr. RAVENEL, Mr. HOB­ H. Res. 114. Resolution requiring that the INGS, Mr. NEAL of North Carolina, Mr. BILI­ concurrent resolution on the budget for the SON, Mr. LIVINGSTON, Mr. CLAY, Mr. FIELDS RAKIS, Mr. MCCANDLESS, Mr. DREIER, and Mr. fiscal year 1994 establish outlay caps over a of Texas, Mr. MCKEON, Mr. WILSON, Mr. PE­ LEVY. TERSON of Minnesota, and Mr. MCCRERY. 5-year period; jointly, to the Committees on H.R. 485: Mr. SERRANO, Mr. TOWNS, Mr. H.R. 963: Mr. MOLLOHAN. Rules and Government Operations. SYNAR, Mr. MCCURDY, Ms. NORTON, Mr. H.R. 974: Mr. SANGMEISTER, Mr. MINGE, Mr. FROST, Mr. LANCASTER, Mr. EVANS, and Mr. TORKILDSEN, Mr. MANN, Mr. MANZULLO, Mr. LAFALCE. BLUTE, Mr. STENHOLM, Ms. NORTON, Mr. SAW­ H.R. 518: Mr. PAYNE of New Jersey, Mr. YER, Mr. KLINK, Mr. MFUME, and Mr. MEMORIALS STUDDS, Mr. TORRICELLI, Mr. RANGEL, Mr. McHALE. SHAYS, Mr. REYNOLDS, Mr. HAMBURG, Mr. H.R. 986: Ms. BROWN of Florida, Mr. ENGEL, Under clause 4 of rule XXII, memori­ LEVIN, and Mr. NEAL of North Carolina. and Mr. FRANK of Massachusetts. als were pre sen ted and referred ~s fol­ H.R. 535: Mr. BONILLA, Mr. KENNEDY, Ms. H.R. 999: Mr. LEACH and Mr. BALLENGER. lows: DELAURO, Mr. HOAGLAND, Mr. SANDERS, and H.R. 1006: Mr. LIPINSKI. Mr. BISHOP. H.R. 1009: Mr. STUPAK, Mr. MACHTLEY, Mr. 48. By the SPEAKER: Memorial of the Leg­ H.R. 565: Mr. SHAYS and Mr. LIVINGSTON. MANN, Mr. LEWIS of Florida, Mr. HAMBURG, islature of the State of Wyoming, relative to H.R. 570: Mr. SHAYS. . Ms. SHEPHERD, and Mr. BARRETT of Wiscon­ an Endangered Species Citizen Advisory H.R. 585: Mr. PORTER. sin. Board; to the Committee on Merchant Ma­ H.R. 624: Mr. SWIFT, Mr. ARCHER, Mr. LIV­ H.R. 1078: Mr. EMERSON. rine and Fisheries. INGSTON, Mr. FRANK of Massachusetts, Mr. H.R. 1079: Mr. BAKER of California and Mr. 49. Also, memorial of the Legislature of the COPPERSMITH, Mr. DICKS, Mr. HEFNER, Mr. EMERSON. State of North Dakota, relative to the U.S. SAM JOHNSON, Mr. FIELDS of Texas, Mr. GIB­ H.R. 1080: Mr. BAKER of California and Mr. Government responsibility of its share of the BONS, Mr. LIGHTFOOT, Mr. CONDIT, Mr. EMERSON. property tax burden on Government land; BOEHNER, Mr. BARRETT of Nebraska, Mr. H.R. 1081: Mr. EMERSON. jointly, to the Committees on Natural Re­ BRYANT, Mr. KLECZKA, Mr. NEAL of North H.R. 1082: Mr. BAKER of California and Mr. sources and Merchant Marine and Fisheries. Carolina, Mrs. JOHNSON of Connecticut, Mr. EMERSON. March 3, 1993 CONGRESSIONAL RECORD-HOUSE 4001 H.R. 1083: Mr. BAKER of California and Mr. PICKETT, Mr. GILMAN, Mr. SANGMEISTER, and BALLENGER, Mr. KING, Mr. SKEEN, and Mr. EMERSON. Mr. SCOTT. SISISKY. H.R. 1105: Mr. WALKER, Mr. ALLARD, Mr. H.J. Res. 10: Mr. BARRETT of Wisconsin, H. Res. 16: Mr. DOOLITTLE. CLINGER, Mr. COX, and Mr. LEVY. Mr. SKEEN, Mr. CARR, Mr. DICKS, Mr. HEF­ H. Res. 26: Mr. QUINN, Mr. KIM, Mr. H.R. 1114: Mrs. SCHROEDER, Mr. BARRETT of NER, Mrs. JOHNSON of Connecticut, Mr. LIV­ CANADY, Mr. HOBSON, Mr. GRAMS, Mr. HOKE, Wisconsin, Mr. SCOTT, Mr. CLAY, Mr. INGSTON, Mr. MCDADE, Mr. MOAKLEY, and Ms. Mr. LIVINGSTON, Mr. BURTON of Indiana, Mr. BLACKWELL, and Mr. MINGE. ROYBAL-ALLARD. MCHUGH, Mr. RoBERTS, Mr. RAMSTAD, Mr. H.R. 1135: Mr. GUTIERREZ, Mrs. COLLINS of H.J. Res. 22: Mr. DOOLITTLE. EMERSON, Mr. EVERETT, Mr. BUYER, Mr. Michigan, Ms. BYRNE, Mr. KOPETSKI, Mr. INHOFE, Mr. CLINGER, Mr. BUNNING, and Mr. BLACKWELL, Mr. TOWNS, and Mr. WALSH. H.J. Res. 29: Mr. MAZZOLL BARTLETT. H.R. 1149: Mr. LEVY. H.J. Res. 90: Ms. BYRNE, Mr. SAM JOHNSON, H. Res. 38: Mr. HINCHEY. H.J. Res. 6: Mr. KING, Mr. KASICH, Mr. NEAL Mr. HUGHES, Mr. FROST, Mr. FILNER, and Ms. H. Res. 40: Mr. PRICE of North Carolina. of Massachusetts, Mrs. UNSOELD, Mr. MEEK. H. Res. 43: Mr. BONILLA. MCHUGH, Mr. MARTINEZ, Mr. KOPETSKI, Mr. H. Con. Res. 26: Mrs. VUCANOVICH, Mr. H. Res. 50: Mr. LIVINGSTON, Mr. SCHIFF, Mr. SPENCE, Mrs. MORELLA, Mr. GENE GREEN, Mr. LEWIS of Florida, Mr. SERRANO, Mr. CLINGER, GALLO, Mr. KOLBE, Mr. FIELDS of Texas, Mr. GUTIERREZ, Mr. SARPALIUS, Ms. WOOLSEY, Ms. DELAURO, Mr. SCOTT, Mr. GILMAN, Mrs. BLUTE, Mr. PACKARD, Mr. SAXTON, Mr. ZIM­ Mr. BATEMAN, Mr. HUGHES, Mr. FROST, Mr. COLLINS of Michigan, Mrs. MORELLA, Mr. MER, Mr. BONILLA, and Mr. ROGERS.