May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4311 Riggs Sisisky Thurman shall be in order to consider as an original tion to Members who have preprinted Roberts Skaggs Tiahrt bill for the purpose of amendment under the Roemer Skeen Torres their amendments in the CONGRES- five-minute rule the amendment in the na- SIONAL RECORD prior to their consider- Rogers Skelton Torricelli ture of a substitute recommended by the Rohrabacher Slaughter Towns Committee on the Judiciary now printed in ation, and such amendments will also Ros-Lehtinen Smith (MI) Traficant be considered as read. As is customary, Rose Smith (TX) Upton the bill. Each section of the committee Roth Smith (WA) Vucanovich amendment in the nature of a substitute the rule provides for one motion to re- Roukema Solomon Walker shall be considered as read. During consider- commit, with or without instructions. Roybal-Allard Souder Wamp ation of the bill for amendment, the Chair- Finally, after House passage of the Royce Spence Ward man of the Committee of the Whole may ac- bill, the rule provides for the necessary Salmon Spratt Waters cord priority in recognition on the basis of Sanford Stearns Watt (NC) steps to consider the Senate bill, S. whether the Member offering an amendment Sawyer Stenholm Watts (OK) 1338, to insert the House-passed provi- has caused it to be printed in the portion of Saxton Stokes Waxman sions, and to request a conference with Scarborough Studds Weldon (FL) the Congressional Record designated for that Schaefer Stump Weldon (PA) purpose in clause 6 of rule XXIII. Amend- the Senate. Schiff Stupak White ments so printed shall be considered as read. Mr. Speaker, let me emphasize that Schumer Tanner Whitfield At the conclusion of consideration of the bill this is a wide open rule. Any Member Scott Tate Wicker for amendment the Committee shall rise and can be heard on any germane amend- Seastrand Tauzin Williams report the bill to the House with such Sensenbrenner Taylor (NC) Woolsey ment to the bill at the appropriate Serrano Tejeda Wynn amendments as may have been adopted. Any time. Although there is no preprinting Shadegg Thomas Yates Member may demand a separate vote in the requirement contained in this rule, Shaw Thompson Young (AK) House on any amendment adopted in the Shays Thornberry Young (FL) Committee of the Whole to the bill or to the preprinting of amendments in the Shuster Thornton Zeliff committee amendment in the nature of a RECORD is an option that is encour- aged, and I hope more Members will NAYS—51 substitute. The previous question shall be considered as ordered on the bill and amend- consider that option in the future. We Abercrombie Hefley Pickett ments thereto to final passage without inter- on the Rules committee continue to be- Borski Heineman Pombo vening motion except one motion to recom- Brown (CA) Hilleary Rush lieve that making amendments avail- mit with or without instructions. Brown (FL) Hilliard Sabo able for our colleagues to read in ad- SEC. 2. After passage of H.R. 2641, it shall Chenoweth Jacobs Schroeder vance of floor action serves a very use- Collins (IL) LaFalce Smith (NJ) be in order to take from the Speaker’s table DeFazio Latham Stark the bill S. 1338 and to consider the Senate ful purpose and contributes to improv- Durbin Levin Stockman bill in the House. It shall be in order to move ing the overall quality of debate. Engel Lewis (GA) Talent to strike all after the enacting clause of the Mr. Speaker, H.R. 2641, which this Ensign Longley Taylor (MS) Senate bill and to insert in lieu thereof the open rule makes in order, is a simple, Everett Martini Torkildsen provisions of H.R. 2641 as passed by the straightforward bill that seeks to take Filner McDermott Velazquez House. If the motion is adopted and the Sen- Flanagan Meek Vento the politics out of appointments to the ate bill, as amended, is passed, then it shall Funderburk Menendez Visclosky U.S. Marshals Service by changing the Gephardt Miller (CA) Volkmer be in order to move that the House insist on Gillmor Oberstar Weller its amendments to S. 1338 and request a con- selection of marshals from that of ap- Gutierrez Pallone Zimmer ference with the Senate thereon. pointment by the President, with the ANSWERED ‘‘PRESENT’’—1 The SPEAKER pro tempore (Mr. advice and consent of the Senate, to se- lection by the Attorney General based Harman GUTKNECHT). The gentlewoman from Ohio [Ms. PRYCE] is recognized for 1 on relevant criteria such as an individ- NOT VOTING—23 hour. ual’s law enforcement and administra- Beilenson Frost Pastor Ms. PRYCE. Mr. Speaker, for pur- tive expertise. Berman Gibbons Rivers poses of debate only, I yield the cus- As a former judge and prosecutor, I Bevill Hayes Sanders Bryant (TX) Johnson (SD) Walsh tomary 30 minutes to the gentleman worked very closely for many years Chapman Kaptur Wilson from Ohio [Mr. HALL], pending which I with highly qualified and well-trained Clay Livingston Wise yield myself such time as I might law enforcement officials, at the local, de la Garza Moakley Wolf State, and Federal levels. Naturally, I Fields (TX) Molinari consume. During consideration of this resolution, all time yielded is for the was very surprised to learn that under b 1201 purpose of debate only. current law, there is no criteria for the So the Journal was approved. GENERAL LEAVE selection of U.S. marshals. The result of the vote was announced Ms. PRYCE. Mr. Speaker, I ask unan- As was noted in the Judiciary Com- as above recorded. imous consent that all Members may mittee report on H.R. 2461, in some in- stances, appointed marshals lack the f have 5 legislative days within which to revise and extend their remarks on this law enforcement experience and quali- U.S. MARSHALS SERVICE resolution, and that I may be per- fications necessary to carry out the IMPROVEMENT ACT OF 1996 mitted to insert extraneous materials often multifaceted law enforcement Ms. PRYCE. Mr. Speaker, by direc- into the RECORD following debate on missions currently performed by the tion of the Committee on Rules, I call the rule. U.S. Marshal Service. Today, those up House Resolution 418 and ask for its The SPEAKER pro tempore. Is there missions involve such demanding and immediate consideration. objection to the request of the gentle- sensitive tasks and fugitive apprehen- The Clerk read the resolution, as fol- woman from Ohio? sion, prisoner transportation, witness lows: There was no objection. protection, the disposal of seized as- Ms. PRYCE. Mr. Speaker, House Res- sets, and providing judicial security. H. RES. 418 olution 418 provides for the consider- To address these concerns, H.R. 2641 Resolved, That at any time after adoption ation of H.R. 2641, the U.S. Marshals provides that after the year 2000, new of this resolution the Speaker may, pursuant marshals will be selected on a competi- to clause 1(b) of rule XXIII, declare the Service Improvement Act of 1996, under House resolved into Committee of the Whole a completely open rule. The rule pro- tive basis among career managers House on the state of the Union of consider- vides for 1 hour of general debate within the Marshals Service, rather ation of the bill (H.R. 2641) to amend title 28, equally divided and controlled by the than simply being nominated by a United States Code, to provide for appoint- chairman and ranking minority mem- home State Senator. ment of United States marshals by the Di- ber of the Committee on the Judiciary. In the meantime, marshals selected rector of the United States Marshals Service. The rule also makes in order the Ju- between the date of enactment of this The first reading of the bill shall be dis- diciary Committee amendment in the bill and the year 2000 would continue to pensed with. General debate shall be con- nature of a substitute now printed in be appointed by the President with the fined to the bill and shall not exceed one hour equally divided and controlled by the the bill as original text for the purpose advice and consent of the Senate, but chairman and ranking minority member of of amendment, and provides that each would only be permitted to serve 4-year the Committee on the Judiciary. After gen- section will be considered as read. terms. eral debate the bill shall be considered for The Chairman of the Committee of As one of my Rules Committee col- amendment under the five-minute rule, It the Whole may give priority in recogni- leagues said yesterday, this legislation H4312 CONGRESSIONAL RECORD — HOUSE May 1, 1996 would take an important step toward agency, dating back to 1789. The Serv- cent years, and probably the clearest professionalizing the overall Marshals ice has critical responsibilities, includ- guidelines that we have had came dur- Service by ensuring that only knowl- ing providing protection for the Fed- ing a speech during consideration of a edgeable, qualified, career managers eral courts and responding to emer- rule under the Speaker’s ruling of Sep- who have risen through the ranks of gencies. tember 27, 1990. the Service will be considered for the I am particularly proud of the U.S. I am quoting here by saying that important position of U.S. marshal. marshals who are based in the Dayton, ‘‘the Chair has ruled that it is cer- The quality of justice is based, in part, OH, Federal building, where I maintain tainly within the debate rules of this on the public’s perception of fundamen- my district office. House to debate whether or not this tal fairness throughout the judicial This bill will require the U.S. mar- rule ought to be adopted or another system, and the changes advocated in shals be appointed on a merit-based, procedure ought to be adopted by the this legislation will help restore fair- competitive process, instead of the cur- House. But when debate ranges onto ness to the Marshals Service by taking rent political appointment process. the merits of the relative bills not yet political cronyism out of the appoint- This will improve the professional sta- before the House, the Chair would ad- ments process. tus of this extremely important Fed- monish the Members that that goes be- For many in the Nation’s law en- eral agency. It is a long-overdue im- yond the resolution.’’ forcement community, these are trying provement. So, Mr. Speaker, it is within the times, and there seems to be an ever- Mr. Speaker, while I do not oppose guidelines and many rulings that we increasing burden placed on the entire the rule, I urge a ‘‘no’’ vote on the pre- have had in the past to bring the issue judicial system—not just on the courts vious question. If the previous question up to debate the procedure within the or on the local police department, but is defeated, I shall offer an amendment rule relative to having a vote on mini- across the vast spectrum of law en- to the rule which would make in order mum wage. I have tried to confine my forcement. a new section in the rule. This provi- remarks thus far to the merits of the As a result, the need for capable, pro- sion would direct the Committee on rule itself in voting, if, in fact, the pre- fessional law enforcement personnel Rules to report a resolution imme- vious question would be defeated, who have demonstrated outstanding diately that would provide for consid- bringing up the minimum wage. I offer expertise in their fields is very great. eration of a bill to incrementally in- that to the House. Mr. Speaker, the public at large ex- crease the minimum wage from its cur- Mr. Speaker, I yield 5 minutes to the pects law enforcement positions to be rent $4.25 an hour to $5.15 an hour be- gentleman from Michigan [Mr. filled by qualified professionals, and ginning on July 4, 1997. BONIOR], our leader. not by individuals with convenient po- This provides for a separate vote on Mr. BONIOR. Mr. Speaker, I thank litical contacts. I believe this legisla- the minimum wage. Let me make it my friend for yielding time to me. tion makes important and necessary clear to my colleagues, both Democrats Mr. Speaker, I am hopeful that Mem- changes to the process by which U.S. and Republicans, defeating the pre- bers will vote against the previous marshals are appointed, and hopefully vious question will allow the House to question, which will then open up the its enactment will serve to improve vote on the minimum wage increase. opportunity for us to offer a rule that and enhance public confidence in the That is what 80 percent of Americans will make in order an increase in the ability of Federal law enforcement want us to do. That is the right thing minimum wage for literally 12 million agencies to effectively protect and de- to do. So let’s do it. people across this country. These are fend its citizens. people who clean the toilets, who clean H.R. 2641 was favorably reported out b 1215 the offices, who work hard for a living; of the Judiciary Committee by voice Mr. Speaker, I urge Members to vote who chose work over welfare, and who vote, as was the rule by the Rules Com- ‘‘no’’ on the previous question, and I are living in this country at a wage mittee yesterday. I urge my colleagues reserve the balance of my time. that is less than the poverty level in to support this wide open rule, and con- PARLIAMENTARY INQUIRY this country; $8,500 a year, if you make tinue the spirit of openness and delib- Ms. PRYCE. Mr. Speaker, under the minimum wage. You cannot raise a eration that we have attempted to re- House Rule XIV, which requires that a family on that. store to this body. Member must confine himself to the What do many of these people do? Mr. Speaker, I reserve the balance of question under debate, is it relevant to They end up, Mr. Speaker, working my time. Mr. HALL of Ohio. Mr. Speaker, I the debate on either this rule or the de- overtime. They work second jobs and yield myself such time as I may bate it makes in order to engage in a third jobs. As a result of that, they are consume. discussion of the merits of the mini- not there at home when their kid (Mr. HALL of Ohio asked and was mum wage? comes home from school. They are not given permission to revise and extend This is in the nature of a parliamen- there for bedtime stories, they are not his remarks.) tary inquiry, Mr. Speaker, there to teach them right from wrong. Mr. HALL of Ohio. Mr. Speaker, I The SPEAKER pro tempore (Mr. The father is not there for Little yield myself such time as I may GUTKNECHT). The gentlewoman from League. He is not there for other is- consume and I thank my colleague Ohio [Ms. PRYCE] has made a par- sues. from Ohio, Ms. PRYCE, for yielding me liamentary inquiry. The Chair would POINT OR ORDER the time. advise the body that clause 1 of rule Ms. PRYCE. Regular order. Mr. House Resolution 418 is an open rule XIV requires Members to confine them- Speaker, I ask the House for regular which will allow full and fair debate on selves to the question under debate in order. H.R. 2641, a bill to change the way U.S. the House. The SPEAKER pro tempore. For marshals are appointed. As explained on page 529 of the man- what purpose does the gentlewoman As my colleague from Ohio described, ual, debate on a special order providing rise? this rule provides 1 hour of general de- for consideration of a bill may range to Ms. PRYCE. To ask the House for bate, equally divided and controlled by the merits of the bill to be made in regular order, Mr. Speaker. the chairman and ranking minority order, but should not range to the mer- The SPEAKER pro tempore. Does the member of the Committee on the Judi- its of a measure not to be considered gentlewoman make a point or order? ciary. under that special order. Ms. PRYCE. Pursuant to the House’s Under this rule amendments will be Mr. HALL of Ohio. Mr. Speaker, I rulings, I call for regular order: that allowed under the 5-minute rule, the yield myself 1 minute. the gentleman confine his remarks to normal amending process in the House. I would like to address also what my the resolution at hand. All Members, on both sides of the aisle, friend, the gentlewoman from Ohio, has The SPEAKER pro tempore. Does will have the opportunity to offer suggested under her parliamentary in- any other Member wish to be heard on amendments. quiry. the point of order? The U.S. Marshals Service is the Na- This rule on this issue has been The Chair recognizes the gentleman tion’s oldest Federal law enforcement talked about a number of times in re- from Texas [Mr. DOGGETT]. May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4313 Mr. DOGGETT. Mr. Speaker, I would under extraordinary procedures, and this afternoon how important this like to be heard on the point or order. this being one of them, a vote against issue is with respect to not only the Mr. Speaker, we find ourselves this the previous question, we are at liberty rights of the minority to put forward a morning in exactly the same proce- to explain to the House under the question of great importance to the dural setting and procedural context as Rules of the House why we need to people of this country, but also for the when this House considered the omni- have this extraordinary procedure to substantive value of the issue itself, bus appropriations bill when we met present to the country an up-or-down which will affect the lives directly of 12 last week. At that time, recognizing vote on the minimum wage. million people, and, indeed, perhaps that the majority leader, the gen- The gentleman from Michigan in the many, many more. tleman from Texas [Mr. ARMEY], had well has made the point that one of the When we raise the minimum wage, said that he would oppose a minimum results of that vote is in fact to try and when we raise the minimum wage, it wage with every fiber in his body, and raise the minimum wage of 12 million will not only affect people who make that the Speaker of the House had people who go to work every day, go to $4.25 to $5.15 an hour, about 12 million made clear that the American people work year round, and end up at the end people, it is going to affect people who would have no opportunity to be con- of the year below the poverty line. The make above that, people who make sidered for a raise on this floor by vote on the previous question is the op- $5.50, $6, $6.50, $7 an hour, because in bringing any bill our of committee, we portunity that allows this. fact they will probably be in for a raise had a procedural context in which the So when the gentlewoman suggest as well. omnibus appropriations bill was before that somehow the debate around In addition to that, this money will the House, and many Members of this whether or not to vote for the rule and get circulated throughout the economy body, indeed, a majority of the Mem- to vote for the previous question is of the local area, the hardware store, bers of this body, having already pub- limited to the matter at hand, in terms the grocery store, at the gas station. licly expressed their support for a min- of the subject matter of the bill that This is one way, one small way, but imum wage increase, and so the major- would then be considered after the rule one way in which we could have what ity party, the Democrats, on a previous is adopted, that is to limit the debate we call the bubble-up effect in the question, decided to raise this issue. and to stifle the minority, and prevent economy, instead of the old trickle- We devoted most of our limited half the minority from having an oppor- down theory that my colleagues on hour, and unfortunately, we only had a tunity to voice its concerns and to this side of the aisle have adhered to half hours, and we should have been voice legislative alternatives; in this now for the past 15 or 20 years; which is able to devote, indeed, a full day to de- case, the minimum wage. a theory, by the way, which has not bating the merits of the need for the Why does it have to be done at this yielded rewards for those at the lower American people for a raise. But in ex- point? The reason we have to ask for a end of the economic strata in our soci- actly the same situation that we find vote against the previous question and ety today. ourselves this morning, we considered why the point of order should not be My colleague, the gentleman from the plight of minimum wage families, sustained is because that point of order California [Mr. MILLER], was absolutely discussed fully that issue, and today we then enforces what we have been told right. The gentleman from Texas [Mr. have the same situation. by the Republican majority leader, and ARMEY], the distinguished majority Unless the standard has changed, Mr. that is that he will not allow this vote leader, has said that he will fight hav- Speaker, or unless the Republicans are to come to the floor, that he will fight ing a vote on the minimum wage with simply fearful that the 10 of their it with every fiber in his body. That every fiber of his being. The distin- Member who voted against the mini- precludes the minority from offering guished majority whip, the gentleman mum wage last week, after having had that alternative. from Texas [Mr. DELAY], is reported to a press conference saying they were in So when the Chair considers the have said that working families trying favor of the minimum wage, might this point of order raised by the gentle- to exist on $4.25 an hour do not really way not have their arms twisted woman from Ohio—— exist. They do exist. They are out enough, then we ought to be able to Ms. PRYCE. Mr. Speaker, there is no there. We have heard from them. We have a full and fair debate of this mini- point of order made. have talked to them. The gentleman mum wage issue today in exactly the Mr. WALKER. Mr. Speaker, there is from Ohio [Mr. BOEHNER], who chairs same situation we were in last week. a point of regular order before the their conference, said ‘‘I will commit The SPEAKER pro tempore. Does the House. suicide before I vote on a clean mini- gentleman from California [Mr. MIL- Ms. PRYCE. Mr. Speaker, I did not mum wage bill.’’ LER] wish to give advice to the chair on ask for a point of order, I had asked for Mr. Speaker, this is an important the point of order. regular order. Mr. MILLER of California. Mr. The SPEAKER pro tempore. The issue for the country and for people Speaker, on the point or order, I would Chair asked the gentlewoman from who are struggling to make work pay. hopefully advise the Chair against the Ohio if she was making a point of There are a number of States, 10 of point of order. The purpose of calling order, and it was not clear. them, that have increased the mini- for a vote on the previous question is Ms. PRYCE. There is no point of mum wage above $4.25 an hour, and to open up the rule so that alternatives order. I was trying to enforce regular there has been no retraction in employ- may be provided. Once that rule is order, that we would conform to the ment. Oregon has done it, Washington opened up, it is obviously within the rules of this debate as previously an- has done it, the District of Columbia authors of that rule to connect unre- nounced by the Chair. has done it, New Jersey has done it. lated matters, because you can create a The SPEAKER pro tempore. The In fact, there was a recent study done rule that is self-enacting, waiving Chair must treat this as a point of in New Jersey in the restaurant indus- points of order against germaneness or order. try by two gentlemen from Princeton, what have you, as does the Committee Ms. PRYCE. Mr. Speaker, if that is Mr. Card and Mr. Kruger, and their on Rules. the case, I withdraw my point of order. findings were basically when the mini- So for the purpose of us raising for The SPEAKER pro tempore. The gen- mum wage was raised in the State of the Members of the House the alter- tlewoman from Ohio [Ms. PRYCE] with- New Jersey, in the restaurant industry, natives which might present them- draws her point of order. employment actually increased. selves also with respect to the mini- The gentleman from Michigan [Mr. We need to do this. These people mum wage, it is necessary to do so now BONIOR] is recognized for 3 more min- work too hard, they give too much of as we discuss the rule and discuss the utes. their lives for their families, and it is vote on the previous question, because Mr. BONIOR. Mr. Speaker, I thank incumbent upon us to make sure that if is this exact opportunity that gives my friends, the gentleman from Cali- they get a fair, decent, livable wage. the minority, which does not control fornia [Mr. MILLER] and the gentleman As I said earlier, Mr. Speaker, when the Committee on Rules, which cannot from Texas [Mr. DOGGETT], for making they do not make this wage, when this bring these matters to the floor except it clear to those who are listening to us $4 or $5 an hour, they are working two H4314 CONGRESSIONAL RECORD — HOUSE May 1, 1996 or three jobs, and that has a detrimen- Let us understand what the case is crease taxes and do the kinds of things tal impact on their ability to be there they are trying to make. What they that Democrats are always good at for their kids when they get home. want to do is, they want to raise taxes, doing. Mr. Speaker, I would urge my col- because the Democrats always want to Do not let this happen. Do not allow leagues, and I want to first of all con- raise taxes. They love taxes. They love them, through some ploy here of the gratulate the 13 Members of the other big government. rules, to try to undermine the entire side of the aisle who stood with us on And the minimum wage is in fact a rules process of the House. The rules this issue the last time we had it up on tax. It is a tax that is particularly are here to protect the rights of both the floor. We invite more of you to cruel to working middle-class families majority and minority. The attempt by come over. This is an issue that will because what it is is a huge inflation- the minority to overthrow the rules so not go away. We will bring it up until ary tax within the economy. they can make a clever political point we get a clean vote, because we under- This means that you will pay up to 20 on the House floor I think is totally ap- stand and I think you understand a percent more for every meal you buy at palling. clean vote is going to pass this body. It a restaurant. You will pay up to 20 per- But middle-class America should be will pass the Senate. The President cent more for that which you buy as particularly concerned about this, be- will indeed sign it. food on your table at home. You will cause what middle-class America is I encourage my colleagues, vote ‘‘no’’ pay up to 20 percent more for that going to get out of this is a massive tax on the previous question so we have an which you buy in a store, because what increase which is going to go to the opportunity to offer a clean vote on they are doing is imposing an unfunded bottom of their pocketbooks. So I raising the minimum wage for literally mandate which is in fact a tax. In fact, would suggest that anytime we hear millions of workers in this country. it is a big enough tax that the bulk of the Democrats come to the floor seek- b 1230 the minimum wage increase that they ing to overthrow the rules of the House so that they can bring forth the mini- Ms. PRYCE. Mr. Speaker, I yield 5 are talking about, the minimum wage tax, goes to State and local govern- mum wage tax, then it is a real defini- minutes to the gentleman from Penn- tion of who they are. This is their at- sylvania [Mr. WALKER]. ment: a billion dollars. Ms. JACKSON-LEE of Texas. Mr. tempt to make certain that the taxes Mr. WALKER. Mr. Speaker, let us of the American people go up, not talk first about the proposition that Speaker, will the gentleman yield? Mr. WALKER. I would prefer to fin- down. the minority party has before the Mr. HALL of Ohio. Mr. Speaker, I House, and that is that somehow what ish my statement if I could. The fact is, I am obviously getting to you. This yield 2 minutes to the gentleman from they will do is defeat the previous Texas [Mr. GENE GREEN]. question so that they can amend the is obviously of concern to you, to have the truth told. Mr. GENE GREEN of Texas. Mr. rule to make in order another piece of Speaker, I join my colleague from Ohio language about the rule which is en- The fact is that minimum wages im- posed upon the States will cost this and friend in also urging all my col- tirely out of order because it is non- leagues to oppose the previous ques- germane to the rule before us. country an extra billion dollars in State and local taxes. That is a huge tion. Then what they would intend to do, I It was interesting to hear the gen- tax increase upon the American people, assume, is appeal the ruling of the tleman from Pennsylvania, his creative and in my view the fact is that the Chair, which would have ruled in an en- thinking, talking about an increase in Democrats know exactly what they are tirely predictable and an entirely le- the minimum wage is an increase in gitimate way that what they are at- doing. taxes. I guess he had to get that. A lot They detest the idea that we have tempting to do is totally nongermane. of us Democrats last week voted for been trimming back government. They They would then attempt to overrule that same budget that he was bragging hated the idea that the other day we the ruling of the Chair, which was in about. fact a proper ruling. passed a bill on the floor that cut $23 But let me talk about what we need All of this is done in the name of billion out of the spending of govern- to do today, and the rules of the House raising the minimum wage. That is an ment, because the fact is they want permit this. If the previous question is interesting ploy, and I know it comes more government and they want to defeated, my colleague from Ohio will out of the frustration of the fact that raise taxes. have an amendment that will be of- they no longer control the Rules Com- This is a tax increase. What the fered to increase the minimum wage. mittee where they used to send down Democrats are proposing, every time This amendment would direct the Com- all kinds of outrageous rules for this they stand up and talk about minimum mittee on Rules to immediately con- House to consider, but now finding wage increases, is a tax increase on the sider that, to provide for a minimum themselves in the minority, are willing American people. They want to impose wage increase. to put aside virtually anything that more and more and more taxes so that We hear a lot of rhetoric about mov- borders upon a proper decorum in the they get more and more and more ing people off welfare but the Repub- House in order to do the things that spending. That is what they are talk- lican leadership and I guess my col- they want to get done. It is really in- ing about here. They would bend the league from Pennsylvania is scared of teresting. rules of the House, they would make il- an up-or-down vote on a livable wage Then they go out and parade this as legitimate appeals of the rulings of the because this will move people off wel- a vote on the issue of minimum wage. Chair, they will do everything possible fare. We hear about working families There is no vote on the issue of mini- to try to bring this minimum wage tax do not really exist on $4.25 an hour, but mum wage here. Virtually everything increase before the American people. they do. We in the Democratic Party they are trying to do is out of order, Middle-class families ought to look hope that we will see that increase in nongermane and completely ludicrous. at this and be appalled. This is the way the purchasing power. So the fact is that this is an exercise they ran the House when they were in Last week we talked about this, and designed to play games in the House of the majority. They cared little about I had the opportunity to quote a late Representatives. the rights of anyone. They simply did and great U.S. Senator from Texas, Mr. WATT of North Carolina. Mr. what it is they wanted to do at any Ralph Yarborough. All this amendment Speaker, will the gentleman yield? given time. The fact is Government would require is just to put the jam on Mr. WALKER. No, I am going to fin- spending rose for a period of 25 straight the lower shelf for the little people. We ish my statement first. I have listened years. We had bigger and bigger Gov- are talking about $4.25 an hour for peo- to all of you. ernment, we had bigger and bigger ple that are working hard to support The fact is that they are attempting taxes. They in fact undermined and de- their families, yet they cannot reach to tell the American people that they stroyed the economy during the period up to that top of the shelf to get those are so interested in this subject that of time that they were in charge, and tax cuts that the Republican want to they will go to any lengths, break the now they want to get back to it. They give to them. rules if necessary, in order to make want more inflation, they want to re- All we want is to increase their mini- their case. inflate the economy, they want to in- mum wage a buck an hour, 90 cents an May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4315 hour. In fact I am a cosponsor of a Re- not give another 25 cents to the work- I am for the repeal of the Btu tax, publican’s bill to increase it by a buck ing poor in this country. and what I would like to see is that the an hour. I am glad they have taken the What President Clinton’s proposal money goes directly back to the leadership to do that. This is a biparti- would do is buy 6 months of groceries consumer. Let us help the consumer san effort. Last week we saw, as my for a family on a minimum wage. No today, take the gas tax off, give it back colleague from Pennsylvania said, 13 wonder the American people over- to the consumer and likewise let us members on the Republican side sup- whelmingly support this increase in raise the minimum wage for the Amer- port it. I know there are more than the minimum wage and reject the stin- ican people, those who do the work that as cosponsors of my colleague giness of our colleagues on the Repub- that is part of this American economy. from New York’s bill that I am a co- lican side. This will promote growth. We need to sponsor of. Ms. PRYCE. Mr. Speaker, I reserve raise the minimum wage. A clean bill All we are asking for is a fair, clean the balance of my time. to raise the minimum wage 90 cents is vote on a minimum wage increase. Mr. HALL of Ohio. Mr. Speaker, I what we need now. Even today in the Washington Post the yield 2 minutes to the gentlewoman Ms. PRYCE. Mr. Speaker, I yield 2 majority leader in the Senate talked from Texas [Ms. JACKSON-LEE]. minutes to the gentleman from Florida (Ms. JACKSON-LEE of Texas asked about let us eliminate this gas tax in- [Mr. MICA]. and was given permission to revise and crease from 1993 that goes for budget Mr. MICA. Mr. Speaker, I do not have extend her remarks.) reduction and deficit reduction, and at a little standard here but it is interest- Ms. JACKSON-LEE of Texas. Mr. the same time increase the minimum Speaker, I thank very much the Rules ing to hear the other side rant and rail wage. Let us do it, Mr. Speaker. I think and rave about the minimum wage. Committee member Mr. HALL for his that is a great idea. That way the little leadership and I rise to ask that we de- This sort of says it all, Bill Clinton, people can reach it not only in their feat the previous question. I am sorry our President, in Time Magazine, Feb- taxes they save on their gas tax, but that my good friend did not yield to ruary 6, 1995, that was last year, I be- they get a pay raise at the same time. me, the gentleman from Pennsylvania, lieve, said, ‘‘Raising the minimum Ms. PRYCE. Mr. Speaker, I reserve because I wanted to remind him of our wage is the wrong way to raise the in- the balance of my time. American history. come of low-wage earners.’’ Mr. HALL of Ohio. Mr. Speaker, I I am proud to stand in the well of the b 1245 yield 1 minute to the gentlewoman House with a desperate act of seeking from North Carolina [Mrs. CLAYTON]. This is just one quote. There are to defeat the previous question. Ameri- other quotes with the President saying Mrs. CLAYTON. Mr. Speaker, I urge cans applaud when we desperately try my colleagues to vote ‘‘no’’ on the pre- the same thing. to help other people. It was the Amer- Now, I have only been here 3 years, vious question so the rule will allow us, ican Founding Fathers who dumped Mr. Speaker. The first 2 years, the then, to have an amendment that their tea in the Boston Harbor, a des- other side of the aisle controlled, as I would offer the opportunity to talk and perate economic act to be able to say, recall, the House, the other body, the discuss the minimum wage. ‘‘No more; no more.’’ And so I am U.S. Senate, and the White House. I would say further that on the other proud to ask to defeat the previous They controlled it in very large num- side as we talk about the Republicans question so that we can do something bers. They could have brought this not wanting us to do this, Republicans about raising the minimum wage. have voted for a minimum wage. I Again, I am sorry the gentleman issue up at any time. would remind Members the last time, from Pennsylvania has left the floor Instead, as I recall, and I was here for 1989, 135 Republicans voted in this because let me tell Members, when New that time, what they did was they House for the minimum wage increase, Jersey raised the minimum wage in passed the largest tax increase in his- including our now Speaker GINGRICH. 1992, it increased the jobs in New Jer- tory, and they said it would not have Thirty-six Republicans voted for it on sey and there was no job loss. There is any effect on folks. But if you have not the Senate side, including the now ma- nothing to say that increasing the min- been to the gas station lately, I advise jority leader, Mr. DOLE, the Presi- imum wage to $5.15 per hour, simply 90 these people that are earning $4.25 an dential nominee for the Republicans. cents, will do anything to the Amer- hour, low-income people, to look at This has been a bipartisan action. ican economy but help those who are in their gasoline prices. They raised those Why can we not have this amend- need. gasoline taxes that they are paying, ment that will allow us to discuss it? Will it help those who are in fact at and it hurts the poorest of the poor. Since that increase in 1989, we all know the bottom rung? Yes, it will. Will it They there is another report, I sub- the price of living has increased and help those who are in fact middle class? mit to my colleagues, out today by the has increased by some 13 percent. Yet Yes, it will. Heritage Commission. Look at that re- we have not done anything about rais- Let me share with Members, if you port. That report says that people have ing the wages of those who are least have ever worked an 8-hour shift as a less money in their pockets, and that is among us. We need a bipartisan action. dishwasher, or fry cook or if you have the result of these policies that they Just as we did in 1989, we need it at never walked miles in 1 day picking did their first 2 years. this time. peas, beans, lettuce or corn and if you This is what the President said. That I urge a vote against the previous have never cared for the elderly or sick is what they did. And today they are question so we can be allowed an op- and you have never experienced not af- out here saying that we are not giving portunity to discuss what we should fording health care for yourself, then this issue a good opportunity to be discuss for all Americans, a livable you may not understand the need to heard. It will be heard, and we will minimum wage. raise the minimum wage. At the same have a solution. But this is what they Ms. PRYCE. Mr. Speaker, I reserve time if you are part of a family with said, and that is what they did. the balance of my time. four children who work every day, you Mr. HALL of Ohio. Mr. Speaker, I Mr. HALL of Ohio. Mr. Speaker, I may understand the need for the in- yield 2 minutes to the gentleman from yield 2 minutes to the gentleman from crease in the minimum wage because it Texas [Mr. DOGGETT]. Montana [Mr. WILLIAMS]. impacts your wage: increases and how Mr. DOGGETT. Mr. Speaker, Amer- Mr. WILLIAMS. Mr. Speaker, the Re- you ultimately will be able to provide ica needs a raise. The minimum wage, publican men and women in this Cham- for paying for your bills. its purchasing power, is approaching a ber who are opposed to an increase in This is a time to listen to 80 percent 40-year low, almost as old as I am, the minimum wage earn more salary of the American public. This is a time since the minimum wage has had pur- from the taxpayer every 15 days than to do a desperate act. We are proce- chasing power with as little capability people on the minimum wage earn all durally correct because what we are as it does at present. year long. Yet they still do not want to asking to do is to defeat the previous The gentleman from Pennsylvania provide an additional 25 cents to those question so that we can bring to the says that it is not germane to this de- workers. We are in charge of that here. House floor a clean bill to raise the bate to talk about the minimum wage, People who earn more in 15 days will minimum wage 90 cents. the need for the American people to H4316 CONGRESSIONAL RECORD — HOUSE May 1, 1996 have a raise. Well, let me tell you, it is United States was against the mini- How can we stand here, paid as we are mighty germane to the working people mum wage, the Secretary of Labor was by the American taxpayer, and not of this country that they get a raise. It against the minimum wage elevation, have the opportunity to raise the mini- may not be germane to the elitist, but and so were other functionaries of the mum wage for the women of this coun- it is germane to the people that are out Democrat Party. try who are living on less than $9,000 a there scrubbing the floors, tending to Now, seeing that the Republicans year? A family of two is under the pov- the nursing homes, picking the peas, as have taken over in 1994, all of a sudden erty level if they make $10,260, so my colleague from Texas said, serving they see it as a grand scheme, do the somebody making $8,000 is way below the meals at the fast food restaurants. Democrats, to embarrass the Repub- the poverty level. It is very germane to them. For many licans about a minimum wage con- I urge my colleagues to vote ‘‘no’’ on it is a question of whether or not they troversy, which is not that great a con- the previous question. Let us give the can get out of poverty by having the troversy, yet it sounds good and makes American people a raise. They deserve means to do that. people feel good to know that the it. All that stands between us today and Democrats, 2 years after they were in Ms. PRYCE. Mr. Speaker, I yield getting a raise for the American people the majority, are in favor of a mini- such time as he may consume to the are 10 Members of the Republican side mum wage. gentleman from Georgia [Mr. LINDER]. coming over and joining a few of their What has happened to change the Mr. LINDER. Mr. Speaker, this is colleagues from last week and so many President’s mind and all of a sudden he silly season already. Usually it does Democrats, because it was a mere 10 is an advocate of the elevation of the not come until August. If this were Republican votes that defeated the minimum wage, to the Secretary of really an important issue for people raise for America when we considered Labor and to those on that side of the earning $9,000 a year or less, why did this issue last week. aisle who all of a sudden are minimum not the Democrats, who owned the If they will simply have the courage wage advocates? House, the Senate, and the White to vote the same way they spoke at the Meanwhile, we have a bill on the House, mention it 2 years ago? Do you press conference when they were facing floor, the one this rule governs, about know how many times the President the TV cameras and said they wanted trying to bring better government into talked about the minimum wage in his to give even more than a 90-cent raise, the selection of U.S. marshals. That is first 2 years in office? Zero. Not one if they will simply vote with us today, what we ought to be debating ulti- time. those 10 Members who defected, with mately, and to see whether or not we He has talked about it over 50 times all the arm twisting that occurred are strong enough to withstand the this year, because it is a political issue, from the Republican leadership last temptation to go into ultra-virus is- and it is a crass and mean political week, then America will get a raise. sues like the minimum wage and con- issue, using as pawns in this political Of course, I realize not every Repub- centrating on bringing about better battle the very people they are pre- lican Member is going to do that. In government in the election of U.S. tending to help. fact, the one thing that has changed marshals, part of our law enforcement, Raising the minimum wage is income since last week is that Mr. BOEHNER, who do a wonderful job not in just redistribution among the poor. For the chair of the Republican Conference, helping the courts, but in helping the every four people you purport to give a has said, ‘‘I will commit suicide before community. $1 increase to, you take one person off I vote on a clean minimum wage bill.’’ Mr. HALL of Ohio. Mr. Speaker, I the payroll. Can you imagine that, hari-kari right yield 2 minutes to the gentlewoman That is not compassion. It is the here on the floor of the House, falling from Oregon [Ms. FURSE]. striking difference between the two on their sword? True, the Republicans Ms. FURSE. Mr. Speaker, I thank the parties, that one party thinks govern- have been falling on their political gentleman for yielding me time. ment should set wages, and the other swords for the last 16 months, but we Mr. Speaker, I was very interested to party believes the economy sets wages. finally have a chance for them today to hear people talk about how this was This argument should be over. There see the light, to join us in doing some- going to be a tax increase. We are some should be zero minimum wage. That is thing to give the people of America a of the few people who actually paid by what the New York Times editorial raise that they very much deserve. taxes from the American people, and if said, a zero minimum wage. Let people Ms. PRYCE. Mr. Speaker, I yield 2 we raise the minimum wage to $5.15, who want to start on the first rung of minutes to my good friend, the gen- the minimum wage people working 40 the income ladder earn what they are tleman from the great Commonwealth hours a week would still make less worth. of Pennsylvania [Mr. GEKAS]. than Members of this House make in 1 Ninety percent of people on mini- (Mr. GEKAS asked and was given month. It is a shame, it is an outrage, mum wage are not there after 1 year. permission to revise and extend his re- that we are not able to get a vote on Many people on the minimum wage marks.) the minimum wage. That is why I am earn also tips that are not reported. Mr. GEKAS. Mr. Speaker, the gen- asking for a vote against the previous This is a phony argument for phony po- tleman from Texas, who just addressed question. litical reasons, and, if it was serious, it the House most eloquently, showed his I should point out that in Oregon, our would have been done 2 years ago. powerful advocacy for a minimum legislature raised the minimum wage In addition to that, the minimum wage. This gentleman, I am sure if I to $4.75, and, since 1992, since Bill Clin- wage is simply not germane to this bill search the CONGRESSIONAL RECORD, ton has been in office, our unemploy- and would not be added even if the pre- when he was in the majority just 2 ment rate has been halved in Oregon. vious question were defeated, because years ago, along with the President of We are doing very well in Oregon. We it is not germane to this bill. It is sim- the United States, did not make such presently have an initiative from the ply an effort to take up your time and an eloquent speech. people of Oregon to raise the minimum America’s time to make political Mr. DOGGETT. Mr. Speaker, will the wage in Oregon to $6.50. Yet these peo- points that they refused to deal with gentleman yield to a freshman Member ple here on this side of the aisle are when they were in power. who was not here 2 years ago and this saying no, we cannot even talk about Mr. HALL of Ohio. Mr. Speaker, I is my first opportunity to raise the raising the minimum wage. yield 1 minute to the gentleman from minimum wage? Seventy-five percent of people living New Jersey [Mr. PALLONE]. Mr. GEKAS. Mr. Speaker, I said I was on minimum wage, and let me tell you Mr. PALLONE. Mr. Speaker, I really going to search the RECORD to deter- if you work 40 hours a week, if you differ strongly with the previous speak- mine if any similar speeches were made lived on minimum wage today, you er on this issue. First of all, I would by his colleagues on his side. Do you would make $8,840 a year, 75 percent of say that I do not believe the minimum understand? To see whether or not elo- those people are women; 75 percent are wage is a partisan issue. There are a quent speeches of that type were made women. lot of Republicans who support an in- in favor of a minimum wage. But they This is anti-women to not allow this crease in the minimum wage. The prob- could not, because the President of the vote to be brought to the House floor. lem here is the Republican leadership, May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4317

Speaker GINGRICH and the others, who admit is if we defeat the previous ques- GINGRICH, this party has reversed its do not want to bring this to the floor, tion on this rule, we can talk about position on slavery. because they know that if it comes to both of those things in the context of Ms. PRYCE. Mr. Speaker, I yield 5 the floor, the majority of Democrats this bill. minutes to the gentleman from Con- and enough Republicans will vote for it Democracy is about debate. Bring it necticut [Mr. SHAYS]. that it will actually pass this House, off the television and onto the floor of Mr. SHAYS. Mr. Speaker, I thank the the Senate, and be signed by the Presi- Congress and let us debate it. Let us gentlewoman from Ohio for yielding dent. defeat the previous question on this me this time. Let us bring it up. What do I care rule. Mr. Speaker, there are a large num- what President Clinton said or what Mr. HALL of Ohio. Mr. Speaker, I ber of Republicans who believe that the whoever said in the previous Congress? yield 2 minutes to the gentleman from minimum wage is destructive and that The fact of the matter is now we know Pennsylvania [Mr. KLINK]. an increase would be harmful to our country. There are a number of Repub- that this minimum wage is not keeping b 1300 up with inflation, and with the people’s licans who take a different view. My ability or need and the purchasing Mr. KLINK. Mr. Speaker, I have purpose for standing there today is to power. So it should be passed now. heard time and time again that this is encourage my colleagues to vote to The reason the Democrats are doing a phony argument. There were some of pass the motion for the previous ques- this as often as we are on the previous us 2 years ago on the Committee on tion, but to say that time is running question or on the rule or whatever, is Education and Labor who talked about out. because we are in the minority and we the need then, 2 years ago in the pre- I understand my colleagues on the other side have been forcing this issue have no other way to bring it up. We vious Congress when our party was each and every week. It does force oth- have to keep raising it, so eventually leading, that the minimum wage had to ers to deal with it more quickly than this Republican leadership will wake be raised. I would point out that now we may have wanted to. But our lead- up and recognize that even its own that the Republicans are in charge, ership on this side of the aisle needs Members, even a lot of the Repub- there is no longer any committee in the opportunity to see if there is a way licans, are willing and want this passed Congress with the name labor in its to come forward with a package that and want it brought to the floor. name, which shows, I think, the utmost meets the concerns of us to support a The time has come. In my home contempt that that party has for work- minimum wage and also meets the le- State of New Jersey, we have raised ing men and women. gitimate concerns of some of my col- the minimum wage, and it has been a I have heard my colleagues from the leagues. success and it has not affected unem- other side of the aisle come down and talk repeatedly about the fact we do I would like to tell my colleagues ployment. why I support an increase in the mini- Mr. HALL of Ohio. Mr. Speaker, I not need a minimum wage. Well, I come from an area in southwestern mum wage, why I agree with my col- yield 2 minutes to the gentleman from league. It is at a 40-year low. If we do North Carolina [Mr. WATT]. Pennsylvania where we have coal fields and steel mills. And when we did not not increase the minimum wage, it will Mr. WATT of North Carolina. Mr. be at a 40-year low. The minimum wage Speaker, I thank the gentleman for have workers’ protection, when we did not have minimum wage, we saw peo- in 1968 was at the high point in terms yielding me time. of its purchasing power. If we had in- Mr. Speaker, I want to address the ple working for next to nothing. We dexed for inflation from 1968, that min- issue that has been raised by several of saw them going into the coal mines. Children were forced to work. They imum wage would be $7.08 today, not my colleagues that this bill is about $4.25. would go in before the sun came up the U.S. Marshals Service. The reason I believe the modest increase that we each morning, go into the mines, and there is no debate about the bill itself voted on in 1989 was fair and right. I do is that it is an absolutely non- come out at night when the sun was not believe it caused unemployment, I controversial bill, and is brought to down, never seeing daylight. There do not believe it created higher prices. this floor for debate simply so my Re- were no worker protections for them. I believe it lifted up the bottom level. publican colleagues can say, ‘‘We They had to shop at the company store, I make the argument with people on brought an open rule to the floor, and take whatever money they would get, my side of the aisle, and anyone else you can amend it in any way you and usually they ended up owing the who will listen, that I really believe want.’’ company more at the store than they that if we are looking to get people off Well, we want to amend this bill. We had made. So they were constantly of welfare and on to work, we need to want to amend it by attaching a mini- working themselves into debt. lift the minimum wage. But these are mum wage provision that will raise the There is a reason that we have a min- all issues that will be debated and have wages of the American people. imum wage in this country. There is a to be debated, and I believe they will be So what is their response? The first reason that those on the lowest end debated, quite frankly. time we say, ‘‘Hey, we have an amend- need to make a livable wage, need to be The issue is, should it happen today? ment,’’ they say, ‘‘Oh, no, this is not an able to buy food, need to be able to And I would encourage all my Repub- open rule. You can’t amend this bill take care of their families. I will para- lican colleagues to give our leadership that way. It is not even germane to phrase a former Republican President, the time to deal with this issue, to give talk about it on the floor.’’ Teddy Roosevelt, who said that for a them time to come and present to us They do not want to talk about it. man or woman to be able to participate their proposal and then we can decide You just heard the reason they do not in this great country’s democracy, if it meets the test. For me, it has to want to talk about it, because you they have to be able to afford the abso- be passage of minimum wage. have got a bunch of extreme people, lute minimum, and they have to be I believe minimum wage will pass, I some of whom believe there ought not able to work and make the money to believe it should pass, and I look for- even be a minimum wage in this coun- pay for the absolute minimum and still ward to voting for it. But on this pro- try, that people ought to be allowed to have time to dedicate to their family cedural question on a bill that, quite work for 5 cents an hour if the market and dedicate time to their community. frankly, is not a substantive bill, I dictates that. They do not care about We have seen this Republican Con- would encourage my colleagues to not what kind of conditions people are liv- gress attempt to eliminate the mini- be enticed to vote for the minimum ing in, in this country. All they care mum corporate income tax, attempt to wage at this time. about is supporting their corporate, cut way back on capital gains for the Mr. HALL of Ohio. Mr. Speaker, I rich constituencies. large corporations, but when it comes yield myself the balance of my time to They talk about supporting a mini- to giving a livable wage, lifting from say I do hope that we defeat the pre- mum wage, as long as they are on the beneath the poverty rate the lowest vious question. I will ask for a vote on television. They talk about supporting workers in this country, they con- it. a gas tax cut, as long as they are on stantly try to stifle us. Somewhere be- I look at raising the minimum wage the television. What they will not tween Abraham Lincoln and NEWT very simply. I have just met a lot of H4318 CONGRESSIONAL RECORD — HOUSE May 1, 1996 people around the country, at different things. Two or three days every month, to vote on the minimum wage. That is food banks and soup kitchens, and they they run out of money. why I offered the chance to vote no on are not making it. A lot of them are In my own district I have 66 food the previous question so we can make working poor, and sometime during the banks, and many of these working poor that an issue relative to offering an have to go to these food banks and month they run out of money after amendment on the floor on the mini- soup kitchens, most of which are mum wage. they pay for their rent and pay for women and children. their food and they pay for other For that reason and other reasons, I Mr. Speaker, I include for the would hope that we could get a chance RECORD the following: FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes; PQ ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 101 ...... To transfer a parcel of land to the Taos Pueblo Indians of New Mex- H. Res. 51 Open ...... N/A. ico. H.R. 400 ...... To provide for the exchange of lands within Gates of the Arctic Na- H. Res. 52 Open ...... N/A. tional Park Preserve. H.R. 440 ...... To provide for the conveyance of lands to certain individuals in H. Res. 53 Open ...... N/A. Butte County, California. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference; PQ2 ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision; PQ. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered; PQ. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language; PQ. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins; PQ. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget; PQ. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments; PQ. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ); PQ. May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4319 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr; PQ. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment; PQ. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min. each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments; PQ. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority; PQ. H.R. 1977 ...... Interior Appropriations ...... H. Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority; PQ. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority; PQ. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority; PQ. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority; PQ. *RULE AMENDED*. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title.. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min.); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min.) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min.), N/A. if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title; PQ. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A. the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the sub- stitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A. text; Pre-printing gets priority. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A. bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A. grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the sub- stitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A. 2349 in order as original text; waives section 302(f) of the Budget Act against the sub- stitute; provides for the consideration of a managers amendment (10 min.) If adopted, it is considered as base text; Pre-printing gets priority; PQ. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amend- ments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A. committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed; Provides for the immediate consideration of the CR; one motion to recommit which ...... may have instructions only if offered by the Minority Leader or a designee. H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A. request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers sub- stitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes); PQ. H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D H. Con. Res. 109 ...... Reform. bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes); PQ. H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A Walsh amendment as the first order of business (10 min.); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min.); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. H4320 CONGRESSIONAL RECORD — HOUSE May 1, 1996 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed; Provides for the immediate consideration of the CR; one motion to recommit which N/A may have instructions only if offered by the Minority Leader or a designee. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive; Provides for the immediate consideration of the CR; one motion to recommit 5R which may have instructions only if offered by the Minority Leader or a designee; self- executes 4 amendments in the rule; Solomon, Medicare Coverage of Certain Anti-Cancer Drug Treatments, Habeas Corpus Reform, Chrysler (MI); makes in order the Walker amend (40 min.) on regulatory reform. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open; waives section 302(f) and section 308(a) ...... H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1hr). H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1hr). H. Res. 250 ...... House Gift Rule Reform ...... H. Res. 268 Closed; provides for consideration of the bill in the House; 30 min. of debate; makes in 2R order the Burton amendment and the Gingrich en bloc amendment (30 min. each); waives all points of order against the amendments; Gingrich is only in order if Burton fails or is not offered. H.R. 2564 ...... Lobbying Disclosure Act of 1995 ...... H. Res. 269 Open; waives cl. 2(l)(6) of rule XI against the bill’s consideration; waives all points of order N/A. against the Istook and McIntosh amendments. H.R. 2606 ...... Prohibition on Funds for Bosnia Deployment ...... H. Res. 273 Restrictive; waives all points of order against the bill’s consideration; provides one motion N/A. to amend if offered by the Minority Leader or designee (1 hr non-amendable); motion to recommit which may have instructions only if offered by Minority Leader or his designee; if Minority Leader motion is not offered debate time will be extended by 1 hr. H.R. 1788 ...... Amtrak Reform and Privatization Act of 1995 ...... H. Res. 289 Open; waives all points of order against the bill’s consideration; makes in order the Trans- N/A. portation substitute modified by the amend in the report; Bill read by title; waives all points of order against the substitute; makes in order a managers amend as the first order of business, if adopted it is considered base text (10 min.); waives all points of order against the amendment; Pre-printing gets priority. H.R. 1350 ...... Maritime Security Act of 1995 ...... H. Res. 287 Open; makes in order the committee substitute as original text; makes in order a managers N/A. amendment which if adopted is considered as original text (20 min.) unamendable; pre- printing gets priority. H.R. 2621 ...... To Protect Federal Trust Funds ...... H. Res. 293 Closed; provides for the adoption of the Ways & Means amendment printed in the report. 1 N/A. hr. of general debate; PQ. H.R. 1745 ...... Utah Public Lands Management Act of 1995 ...... H. Res. 303 Open; waives cl 2(l)(6) of rule XI and sections 302(f) and 311(a) of the Budget Act against N/A. the bill’s consideration. Makes in order the Resources substitute as base text and waives cl 7 of rule XVI and sections 302(f) and 308(a) of the Budget Act; makes in order a managers’ amend as the first order of business, if adopted it is considered base text (10 min).. H. Res. 304 ...... Providing for Debate and Consideration of Three Measures Relating N/A Closed; makes in order three resolutions; H.R. 2770 (Dorman), H. Res. 302 (Buyer), and H. 1D; 2R to U.S. Troop Deployments in Bosnia. Res. 306 (Gephardt); 1 hour of debate on each.. H. Res. 309 ...... Revised Budget Resolution ...... H. Res. 309 Closed; provides 2 hours of general debate in the House; PQ ...... N/A. H.R. 558 ...... Texas Low-Level Radioactive Waste Disposal Compact Consent Act ... H. Res. 313 Open; pre-printing gets priority ...... N/A. H.R. 2677 ...... The National Parks and National Wildlife Refuge Systems Freedom H. Res. 323 Closed; consideration in the House; self-executes Young amendment ...... N/A. Act of 1995. PROCEDURE IN THE 104TH CONGRESS 2D SESSION H.R. 1643 ...... To authorize the extension of nondiscriminatory treatment (MFN) to H. Res. 334 Closed; provides to take the bill from the Speaker’s table with the Senate amendment, and N/A. the products of Bulgaria. consider in the House the motion printed in the Rules Committee report; 1 hr. of general debate; previous question is considered as ordered. ** NR; PQ. H.J. Res. 134 ...... Making continuing appropriations/establishing procedures making H. Res. 336 Closed; provides to take from the Speaker’s table H.J. Res. 134 with the Senate amendment N/A. H. Con. Res. 131 ...... the transmission of the continuing resolution H.J. Res. 134. and concur with the Senate amendment with an amendment (H. Con. Res. 131) which is self-executed in the rule. The rule provides further that the bill shall not be sent back to the Senate until the Senate agrees to the provisions of H. Con. Res. 131. ** NR; PQ. H.R. 1358 ...... Conveyance of National Marine Fisheries Service Laboratory at H. Res. 338 Closed; provides to take the bill from the Speakers table with the Senate amendment, and N/A. Gloucester, Massachusetts. consider in the house the motion printed in the Rules Committee report; 1 hr. of general debate; previous quesetion is considered as ordered. ** NR; PQ. H.R. 2924 ...... Social Security Guarantee Act ...... H. Res. 355 Closed; ** NR; PQ ...... N/A. H.R. 2854 ...... The Agricultural Market Transition Program ...... H. Res. 366 Restrictive; waives all points of order against the bill; 2 hrs of general debate; makes in 5D; 9R; 2 order a committee substitute as original text and waives all points of order against the Bipartisan. substitute; makes in order only the 16 amends printed in the report and waives all points of order against the amendments; circumvents unfunded mandates law; Chairman has en bloc authority for amends in report (20 min.) on each en bloc; PQ. H.R. 994 ...... Regulatory Sunset & Review Act of 1995 ...... H. Res. 368 Open rule; makes in order the Hyde substitute printed in the Record as original text; waives N/A. cl 7 of rule XVI against the substitute; Pre-printing gets priority; vacates the House ac- tion on S. 219 and provides to take the bill from the Speakers table and consider the Senate bill; allows Chrmn. Clinger a motion to strike all after the enacting clause of the Senate bill and insert the text of H.R. 994 as passed by the House (1 hr) debate; waives germaneness against the motion; provides if the motion is adopted that it is in order for the House to insist on its amendments and request a conference. H.R. 3021 ...... To Guarantee the Continuing Full Investment of Social security and H. Res. 371 Closed rule; gives one motion to recommit, which if it contains instructions, may only if of- N/A. Other Federal Funds in Obligations of the United States. fered by the Minority Leader or his designee. ** NR. H.R. 3019 ...... A Further Downpayment Toward a Balanced Budget ...... H. Res. 372 Restrictive; self-executes CBO language regarding contingency funds in section 2 of the 2D/2R. rule; makes in order only the amendments printed in the report; Lowey (20 min), Istook (20 min), Crapo (20 min), Obey (1 hr); waives all points of order against the amend- ments; give one motion to recommit, which if contains instructions, may only if offered by the Minority Leader or his designee. ** NR. H.R. 2703 ...... The Effective Death Penalty and Public Safety Act of 1996 ...... H. Res. 380 Restrictive; makes in order only the amendments printed in the report; waives all points of 6D; 7R; 4 orer against the amendments; gives Judiciary Chairman en bloc authority (20 min.) on Bipartisan. enblocs; provides a Senate hook-up with S. 735. ** NR. H.R. 2202 ...... The Immigration and National Interest Act of 1995 ...... H. Res. 384 Restrictive; waives all points of order against the bill and amendments in the report except 12D; 19R; 1 for those arising under sec. 425(a) of the Budget Act (unfunded mandates); 2 hrs. of Bipartisan. general debate on the bill; makes in order the committee substitute as base text; makes in order only the amends in the report; gives the Judiciary Chairman en bloc authority (20 min.) of debate on the en blocs; self-executes the Smith (TX) amendment re: em- ployee verification program; PQ. H.J. Res. 165 ...... Making further continuing appropriations for FY 1996 ...... H. Res. 386 Closed; provides for the consideration of the CR in the House and gives one motion to re- N/A. commit which may contain instructions only if offered by the Minority Leader; the rule also waives cl 4(b) of rule XI against the following: an omnibus appropriations bill, an- other CR, a bill extending the debt limit. ** NR. H.R. 125 ...... The Gun Crime Enforcement and Second Amendment Restoration Act H. Res. 388 Closed; self-executes an amendment; provides one motion to recommit which may contain N/A of 1996. instructions only if offered by the Minority Leader or his designee. ** NR. H.R. 3136 ...... The Contract With America Advancement Act of 1996 ...... H. Res. 391 Closed; provides for the consideration of the bill in the House; self-executes an amendment N/A in the Rules report; waives all points of order, except sec. 425(a)(unfunded mandates) of the CBA, against the bill’s consideration; orders the PQ except 1 hr. of general debate between the Chairman and Ranking Member of Ways and Means; one Archer amendment (10 min.); one motion to recommit which may contain instructions only if offered by the Minority Leader or his designee; Provides a Senate hookup if the Senate passes S. 4 by March 30, 1996. **NR. H.R. 3103 ...... The Health Coverage Availability and Affordability Act of 1996 ...... H. Res. 392 Restrictive: 2 hrs. of general debate (45 min. split by Ways and Means) (45 split by Com- N/A merce) (30 split by Economic and Educational Opportunities); self-executes H.R. 3160 as modified by the amendment in the Rules report as original text; waives all points of order, except sec. 425(a) (unfunded mandates) of the CBA; makes in order a Democratic substitute (1 hr.) waives all points of order, except sec. 425(a) (unfunded mandates) of the CBA, against the amendment; one motion to recommit which may contain instruc- tions only if offered by the Minority Leader or his designee; waives cl 5(c) of Rule XXI (requiring 3/5 vote on any tax increase) on votes on the bill, amendments or conference reports. H.J. Res. 159 ...... Tax Limitation Constitutional Amendment ...... H. Res. 395 Restrictive; provides for consideration of the bill in the House; 3 hrs of general debate; ID Makes in order H.J. Res. 169 as original text; allows for an amendment to be offered by the Minority Leader or his designee (1 hr) ** NR. H.R. 842 ...... Truth in Budgeting Act ...... H. Res. 396 Open; 2 hrs. of general debate; Pre-printing gets priority ...... N/A H.R. 2715 ...... Paperwork Elimination Act of 1996 ...... H. Res. 409 Open; Preprinting get priority ...... N/A May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4321 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1675 ...... National Wildlife Refuge Improvement Act of 1995 ...... H. Res. 410 Open; Makes the Young amendment printed in the 4/16/96 Record in order as original text; N/A waives cl 7 of rule XVI against the amendment; Preprinting gets priority; **NR. H.J. Res. 175 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 411 Closed; provides for consideration of the bill in the House; one motion to recommit which, if N/A containing instructions, may be offered by the Minority Leader or his designee. **NR. H.R. 2641 ...... United States Marshals Service Improvement Act of 1996 ...... H. Res. 418 Open; Pre-printing gets priority; Senate hook-up ...... N/A H.R. 2149 ...... The Ocean Shipping Reform Act ...... H. Res. 419 Open; Makes in order a managers amendment as the first order of business (10 min.); if N/A adopted it is considered as base text; waives cl 7 of rule XVI against the managers amendment; Pre-printing gets priority; makes in order an Oberstar en bloc amendment.. * Contract Bills, 67% restrictive; 33% open. ** All legislation 1st Session, 53% restrictive; 47% open. *** All legislation 2d Session, 90% restrictive; 10% open. **** All legislation 104th Congress, 61% restrictive; 39% open. ***** NR indicates that the legislation being considered by the House for amendment has circumvented standard procedure and was never reported from any House committee. ****** PQ Indicates that previous question was ordered on the resolu- tion. ******* 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 rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103d Congress. N/A means not available.

Mr. HALL of Ohio. Mr. Speaker, I liamentary experts in this House and, THE PREVIOUS QUESTION VOTE: WHAT IT yield back the balance of my time. to a person, they confirmed that the MEANS Ms. PRYCE. Mr. Speaker, I yield my- amendment that the Democrats want House Rule XVII (‘‘Previous Question’’) self the balance of my time. to make in order under this rule is provides in part that: There shall be a mo- Mr. Speaker, let me stress that this completely nongermane to the rule and tion for the previous question, which, being ordered by a majority of the Members vot- is more than an open rule, it is, in fact, to the bill. So do not be fooled. The a wide open rule. Any Member can be ing, if a quorum is present, shall have the ef- previous question vote is not a vote on heard on any germane amendment to fect to cut off all debate and bring the House the minimum wage, it is a vote on to a direct vote upon the immediate question the bill at the appropriate time. By or- or questions on which it has been asked or dering the previous question and adopt- whether to close the debate and to vote for this rule. ordered. ing this fair resolution, the House will In the case of a special rule or order of have an opportunity for a full and open Mr. Speaker, House rules and prece- business resolution reported from the House debate on important legislation de- dents make it very clear that it is not Rules Committee, providing for the consider- signed to improve the overall quality in order to amend a rule like this to ation of a specified legislative measure, the and level of professionalism in the U.S. make in order a nongermane amend- previous question is moved following the one Marshals Service. ment to the bill in question. In other hour of debate allowed for under House I just want to remind everybody Rules. words, even if the minority defeated The vote on the previous question is sim- what we are talking about here. We are the previous question and offered their talking about the U.S. Marshals Serv- ply a procedural vote on whether to proceed amendment, this would be ruled out of to an immediate vote on adopting the resolu- ice. order for violating the rules of this tion that sets the ground rules for debate Mr. Speaker, let me point out that House. and amendment on the legislation it would we have been through this same chica- make in order. Therefore, the vote on the nery before, just last week. We checked At this point, Mr. Speaker, I insert previous question has no substantive legisla- with the appropriate nonpartisan par- for the RECORD the following material: tive or policy implications whatsoever. THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of April 30, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 64 60 Modified Closed 3 ...... 49 47 26 24 Closed 4 ...... 9 9 17 16 Total ...... 104 100 107 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of April 30, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H4322 CONGRESSIONAL RECORD — HOUSE May 1, 1996 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of April 30, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 261 (11/9/95) ...... C ...... H.J. Res. 115 ...... Cont. Resolution ...... A: 223–182 (11/10/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 229–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands. H. Res. 309 (12/18/95) ...... C ...... H.Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... MC ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/21/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/20/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96). H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96). H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... A: voice vote (4/17/96). H. Res. 409 (4/23/96) ...... O ...... H.R. 2715 ...... Paperwork Elimination Act ...... A: voice vote (4/24/96). H. Res. 410 (4/23/96) ...... O ...... H.R. 1675 ...... Natl. Wildlife Refuge ...... A: voice vote (4/24/96). H. Res. 411 (4/23/96) ...... O ...... H.J. Res. 175 ...... Further Cont. Approps. FY 1996 ...... A: voice vote (4/24/96). H. Res. 418 (4/30/96) ...... O ...... H.R. 2641 ...... U.S. Marshals Service ...... H. Res. 419 (4/30/96) ...... O ...... H.R. 2149 ...... Ocean Shipping Reform ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. CONYERS. Mr. Speaker, I rise to op- per hour, and 73 percent of minimum wage other benefits from working Americans, while pose the previous question so that we can fi- earners are adults and most are women. And trying to find more tax breaks for the rich. Now nally get a vote on the minimum wageÐan it is estimated that one in five minimum wage we can't even have a vote on this most fun- issue on which Speaker GINGRICH will not let earners live below the poverty line. It is clear damental matter of basic decency and equity. the House speak its will. This despite repeated that our minimum wage is too much minimum This is an outrage to all Americans, and promises that the new GOP would let the and not enough wage. most importantly the 12 million Americans who House work the will of the people, and not The last time the minimum wage was in- live on subminimum wages now. bottle up legislation simply because they didn't creased was 1991Ðand its value has eroded I urge Members to defeat the previous like it. 50 cents since then. That is why the President question so that we can finally get a vote this All we are asking for is a vote on the mini- has proposed, and I support, a 90 cent in- issue which has been muzzled. And don't mis- mum wage. crease over 2 years, bringing the wage to take itÐyour vote to defeat the previous ques- The facts are staggering when we look $5.15 per hour. tion will be viewed as your vote on the mini- closely at the true value of our $4.25 per hour During the two Government shutdowns, mum wage issue. Americans who work full minimum wage: the current minimum wage is Members of Congress earned more than a time should be able to earn a livable wage. A at its lowest value in 40 years and is 30 per- minimum wage earner will make in an entire full-time worker should not be forced to live in cent below its average level of the 1970's. year. This Congress has spent the vast major- poverty. Americans who work hard and play Twelve million Americans earn less than $5.15 ity of its time trying to take away Medicare and by the rules deserve the opportunity to create May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4323 a better future for their children, and an in- Petri Schaefer Tauzin b 1327 Pombo Schiff Taylor (NC) crease to the minimum wage will do just that. Porter Seastrand Thomas The Clerk announced the following I urge all of my colleagues to vote ``aye'' on Portman Sensenbrenner Thornberry pair: the previous question so that we can finally Pryce Shadegg Tiahrt On this vote: give 12 million workers a raise this year. Quillen Shaw Upton Vucanovich Mr. Goss for, with Ms. Kaptur against. Ms. PRYCE. Mr. Speaker, I yield Radanovich Shays Ramstad Shuster Walker Mr. ORTON changed his vote from back the balance of my time, and I Wamp Regula Skeen ‘‘yea’’ to ‘‘nay.’’ move the previous question on the res- Riggs Smith (MI) Watts (OK) Weldon (FL) olution. Roberts Smith (NJ) b Rogers Smith (TX) Weldon (PA) 1330 The previous question was ordered. Weller Rohrabacher Smith (WA) So the previous question was ordered. The SPEAKER pro tempore (Mr. Ros-Lehtinen Solomon White Whitfield The result of the vote was announced GUTKNECHT). The question is on order- Roth Souder Roukema Spence Wicker as above recorded. ing the previous question. Wolf Royce Stearns The SPEAKER pro tempore (Mr. Young (AK) The question was taken; and the Salmon Stockman Young (FL) GUTKNECHT). The question is on the res- Sanford Stump Speaker pro tempore announced that Zeliff olution. Saxton Talent the ayes appeared to have it. Zimmer Scarborough Tate The resolution was agreed to. Mr. HALL. Mr. Speaker, I object to A motion to reconsider was laid on the vote on the ground that a quorum NAYS—203 the table. is not present and make the point of Abercrombie Geren Olver The SPEAKER pro tempore. Pursu- order that a quorum is not present. Ackerman Gibbons Ortiz ant to House Resolution 418 and rule The SPEAKER pro tempore. Evi- Andrews Gilman Orton Baesler Gonzalez Owens XXIII, the Chair declares the House in dently a quorum is not present. Baldacci Gordon Pallone the Committee of the Whole House on The Sergeant at Arms will notify ab- Barcia Green (TX) Pastor the State of the Union for the consider- sent Members. Barrett (WI) Gutierrez Payne (NJ) ation of the bill, H.R. 2641. Pursuant to the provisions of clause 5 Becerra Hall (OH) Payne (VA) Beilenson Hall (TX) Pelosi b 1330 of rule XV, the Chair announces that Bentsen Hamilton Peterson (FL) he will reduce to a minimum of 5 min- Bevill Harman Peterson (MN) IN THE COMMITTEE OF THE WHOLE utes the period of time within which a Bishop Hastings (FL) Pickett Blute Hefner Pomeroy Accordingly the House resolved itself vote by electronic device, if ordered, Boehlert Hilliard Poshard into the Committee of the Whole House will be taken on the question of agree- Bonior Hinchey Quinn on the State of the Union for the con- ing to the resolution. Borski Holden Rahall sideration of the bill (H.R. 2641) to Boucher Hoyer Rangel The vote was taken by electronic de- Browder Jackson (IL) Reed amend title 28, United States Code, to vice, and there were—yeas 219, nays Brown (CA) Jackson-Lee Richardson provide for appointment of United 203, not voting 11, as follows: Brown (FL) (TX) Rivers States marshals by the Director of the Brown (OH) Jacobs Roemer [Roll No. 140] Cardin Jefferson Rose United States Marshals Service, with YEAS—219 Chapman Johnson (SD) Roybal-Allard Mr. WICKER in the chair. Clayton Johnson, E. B. Rush Allard Deal Hyde The Clerk read the title of the bill. Clement Johnston Sabo The CHAIRMAN. Pursuant to the Archer DeLay Inglis Clyburn Kanjorski Sanders Armey Diaz-Balart Istook Coleman Kennedy (MA) Sawyer rule, the bill is considered as having Bachus Dickey Johnson (CT) Collins (IL) Kennedy (RI) Schroeder been read the first time. Baker (CA) Doolittle Johnson, Sam Collins (MI) Kennelly Schumer Under the rule, the gentleman from Baker (LA) Dornan Jones Condit Kildee Scott Ballenger Dreier Kasich Conyers Kleczka Serrano Florida [Mr. MCCOLLUM] and the gen- Barr Dunn Kelly Costello Klink Sisisky tleman from Michigan [Mr. CONYERS] Barrett (NE) Ehlers Kim Coyne LaFalce Skaggs Bartlett Ehrlich King each will be recognized for 30 minutes. Cramer Lantos Skelton The Chair recognizes the gentleman Barton Emerson Kingston Cummings Leach Slaughter Bass Ensign Klug Danner Levin Spratt from Florida [Mr. MCCOLLUM]. Bateman Everett Knollenberg de la Garza Lincoln Stark Mr. MCCOLLUM. Mr. Chairman, I Bereuter Ewing Kolbe DeFazio Lipinski Stenholm yield myself such time as I may Bilbray Fawell LaHood DeLauro Lofgren Stokes Bilirakis Fields (TX) Largent Dellums Lowey Studds consume. Bliley Foley Latham Deutsch Luther Stupak I want to thank all of my colleagues Boehner Fowler LaTourette Dicks Maloney Tanner Bonilla Fox Laughlin for allowing this discussion today. This Dingell Manton Taylor (MS) is a very important piece of legislation, Bono Franks (CT) Lazio Dixon Markey Tejeda Brewster Franks (NJ) Lewis (CA) Doggett Martinez Thompson and I do not believe very controversial, Brownback Frelinghuysen Lewis (KY) Dooley Mascara Thornton but very important. Bryant (TN) Funderburk Lightfoot Doyle McCarthy Thurman Mr. Chairman, H.R. 2641, the United Bunn Gallegly Linder Duncan McDermott Torkildsen Bunning Ganske Livingston Durbin McHale Torres States Marshals Service Improvements Burr Gekas LoBiondo Edwards McHugh Torricelli Act of 1995, changes the selection proc- Burton Gilchrest Longley Engel McKinney Towns Buyer Gillmor Lucas ess of the Nation’s 94 U.S. Marshals English McNulty Traficant from that of appointment by the Presi- Callahan Goodlatte Manzullo Eshoo Meehan Velazquez Calvert Goodling Martini Evans Meek Vento dent with the advice and consent of the Camp Graham McCollum Farr Menendez Visclosky Senate, to appointment by the Attor- Campbell Greene (UT) McCrery Fattah Millender- Volkmer ney General. U.S. Marshals would be Canady Greenwood McDade Fazio McDonald Walsh Castle Gunderson McInnis Fields (LA) Miller (CA) Ward selected on a competitive basis, among Chabot Gutknecht McIntosh Filner Minge Waters career managers within the Marshals Chambliss Hancock McKeon Flake Mink Watt (NC) Chenoweth Hansen Metcalf Service, rather than being nominated Foglietta Moakley Waxman by the administration and approved or Christensen Hastert Meyers Forbes Mollohan Williams Chrysler Hastings (WA) Mica Ford Montgomery Wilson rejected by the Senate. Clinger Hayworth Miller (FL) Frank (MA) Moran Wise Incumbent U.S. marshals selected be- Coble Hefley Moorhead Frisa Murtha Woolsey fore enactment of this bill would per- Coburn Heineman Morella Frost Nadler Wynn Collins (GA) Herger Myrick Furse Neal Yates form the duties of their office until Combest Hilleary Nethercutt Gejdenson Oberstar their terms expire and successors are Cooley Hobson Neumann Gephardt Obey Cox Hoekstra Ney appointed. Marshals selected between Crane Hoke Norwood enactment of the bill and the year 2000 NOT VOTING—11 Crapo Horn Nussle would be appointed by the President, Cremeans Hostettler Oxley Berman Goss Matsui with the advice and consent of the Sen- Cubin Houghton Packard Bryant (TX) Hayes Molinari Cunningham Hunter Parker Clay Kaptur Myers ate, and serve for 4 years. H.R. 2641 was Davis Hutchinson Paxon Flanagan Lewis (GA) reported favorably out of the Judiciary H4324 CONGRESSIONAL RECORD — HOUSE May 1, 1996 Committee by voice vote, without Marshals Service has had from time to for the colloquy is to be assured that amendment. time should reflect adversely on the there is nothing in this legislation that I might add that the bill does not many U.S. marshals who perform their would prohibit any law enforcement of- change the provisions with respect to duties admirably and are doing so ficer who resides in the jurisdiction of the Presidential appointment of the di- today, although the qualifications that the Marshals Service where the ap- rector of the U.S. Marshals Service they have been appointed under are not pointment will be made from not being who will continue just as the law pres- as strict as the qualifications, in the considered for the employment. What I ently reads. judgment of the committee, should be. understand we are doing here is we are I introduced this bill on behalf of the And I believe that today’s legislation changing the appointment process from Federal Law Enforcement Officers As- will provide those kinds of opportuni- that of a nomination by Senator and a sociation which strongly desires to en- ties for the Attorney General to set, by confirmation by the Senator as rec- hance the professionalism of the U.S. her regulation, standards for the ap- ommendations of the President. Marshals Service. The responsibilities pointment of U.S. marshals and make Mr. Chairman, I yield to the gen- of a U.S. marshal are varied and se- sure that professional law enforcement tleman from Florida [Mr. MCCOLLUM]. verely challenging. These duties range officers head our field offices in the fu- Mr. MCCOLLUM. Mr. Chairman, that from maintaining the security of the ture rather than having the oppor- is correct, I say to the gentleman. Federal courts to tracking down fugi- tunity for politics to be played with While it would be my opinion that the tives from justice. Moreover, as com- these very important law enforcement results of this law and the regulations plex criminal prosecutions continue to officers. the Attorney General promulgates, increase, the need to move essential Mr. Chairman, I reserve the balance who will now have the power of the ap- witnesses around the country grows of my time. pointment instead of the President, with it. This is also a duty of the Mar- Mr. CONYERS. Mr. Chairman, I yield will be that many of the marshals will shals Service. However, the current se- myself as much time as I may be career service promotions. There is lection process does not take these re- consume. nothing that we are doing to put into sponsibilities into consideration. Mr. Chairman, this is a bill that is the law now anything that will keep The current selection of U.S. mar- not opposed in the House, but this is a the Attorney General from being able shals is as varied as the Senators who bill that is opposed in the Senate. Oh to appoint a sheriff or another local nominate them. Currently, there is no yes, there is another body that has to law enforcement person if she or he criteria for selection of a U.S. marshal. say something about how a bill be- wanted to do that, and there is no There is no age, physical fitness, edu- comes law, and in the Senate this is change in the underlying law either. cational, managerial, or law enforce- not unanimously agreed to. Sorry to The same basic law is true for the DEA ment requirement or experience needed announce that, my colleagues. That or the FBI today. to become a U.S. marshal. In the past, just happens to be the case. Mr. COLLINS of Georgia. Mr. Chair- U.S. marshal positions have been filled Mr. BISHOP. Mr. Chairman, will the man, I further inquire, too, about the by undertakers, coroners, pig farmers, gentleman yield? qualifications for the person being con- and even a host of a childrens’ daytime Mr. CONYERS. I yield to the gen- sidered for the nomination. Does the television program, just to name a few. tleman from Georgia. gentleman have any idea or suggestion The only training a newly appointed Mr. BISHOP. Mr. Chairman, I just or comments on the age or any type of marshal receives from the Marshals want to point out to the gentleman retirement age or entry level age? Service is a 40-hour orientation ses- that it is not unanimous in this body Mr. MCCOLLUM. The bill is silent as sion. Unlike all other Marshals Service either. to age, and the law that exists today is employees, the presidentially ap- Mr. CONYERS. Mr. Chairman, this is silent as to age or other qualifications. pointed marshal is not subject to dis- the first I heard of that, because every- What I would assume is that the Attor- ciplinary actions, cannot be reassigned, body told me this was a done deal. It ney General will promulgate some and can only be removed by the Presi- was so put together that we did not guidelines with respect to the quali- dent or upon the appointment of a suc- even need to close the rule up in the fications under her regulatory power cessor. This lack of accountability has Committee on Rules. They gave us an which the gentleman and I would have resulted in a number of problems, in- open rule, as many amendments as we a chance to comment on. But I do not cluding budgetary irresponsibility want on something that is going see anything in the law that would among individual marshals, and has through unanimously, I guess. But, no, present any impediment to the quali- created a double standard that has a I understand that that may not be the fication of anyone based on the law. negative impact on morale. case, and so I just want to remind ev- It is just that I am expecting, with It is important to note that the cur- erybody that this generous Committee the Attorney General having this rent appointment process for U.S. mar- on Rules that allowed us an open rule, power instead of the President and hav- shals is unique among Federal law en- as many amendments as we want, is ing to go through the Senate where forcement agencies. Both the FBI and the same Committee on Rules in the they play a lot of politics, that we will the DEA select heads of their field of- 104th Congress that on about 45 other certainly have law enforcement people, fices based upon merit. Special agents occasions, when we begged them for an professional law enforcement people, in charge are not politically appointed. open rule on things that were slightly running these offices in the future. But Instead, they are the best agents who more important than this, there was no with respect to any other qualifica- have worked their way to the top. The way we could get it because the Demo- tions, I do not have any preconceived Marshals Service should have nothing crats on the committee were outvoted notions. less. every single time. But now on this, Mr. COLLINS of Georgia. That also It is my view that H.R. 2641 would be how many amendments do we have? would include any formal law enforce- a commonsense approach to profes- Not a single one. But it is an open rule, ment official. sionalizing the U.S. Marshals Service. showing, I guess, that the chairman Mr. MCCOLLUM. That is correct. The Justice Department supports this and the Republican dominated Com- That is correct. That would be my as- legislation, and it is similar to a rec- mittee on Rules is doing us a real big sumption. But again it will be up to ommendation of Vice President GORE’s favor on May 1, 1996. the Attorney General’s discretion to National Performance Review. This Mr. Chairman, I reserve the balance the extent that the normal rules apply, bill is a small but important step in of my time. the promulgation of regulations for this Congress’ ongoing effort to im- Mr. MCCOLLUM. Mr. Chairman, I qualifications. prove the administration of Federal yield such time as he may consume to Mr. COLLINS of Georgia. I know the law enforcement, and I certainly urge the gentleman from Georgia [Mr. COL- intent of the gentleman from Florida is my colleagues to support it. LINS] for purposes of a colloquy. to take politics out of the appointment And I might add that nothing of the Mr. COLLINS of Georgia. Mr. Chair- as much as possible, but I am con- criticism I have given today with re- man, I thank the gentleman for yield- cerned, too, that we may form some in- spect to the problems that the U.S. ing this time to me, and my purpose ternal politics within the agency itself May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4325 if we are not careful. That is where I pension Calendar and disposed of in 5 tion, the Republican leadership plays want to make sure that no one is minutes. legislative games with blue smoke and culled out from being considered as a So why is this bill on the floor today mirrors. nominee or as an appointee for the par- under an open rule? Why is the Repub- Mr. MCCOLLUM. Mr. Chairman, I ticular office, services, U.S. marshal. lican leadership pretending that there yield myself such time as I may We have in the central district of is really something of substance for us consume. Georgia in the past, we have actually to debate here? The answer, Mr. Chair- Mr. Chairman, I must say that I am had a deputy marshal appointed as U.S. man, is simple: The bill is on the floor disappointed in my colleagues on the marshal. I know and I understand what today simply because the other side other side. While they are supporting the gentleman is trying to do. But any has nothing else to bring before the this legislation, they are mocking it good law enforcement officer should be House, and it wants to boost its batting and then using it for political speeches considered for this appointment, and I average for open rules. about what is and is not a Republican- want to assure that that will be still The bill is here today because the Democrat position on the crime issue. available. other side’s anticrime agenda is basi- I, first of all, think this bill merits Mr. MCCOLLUM. Mr. Chairman, in cally shipwrecked. America is crying being out here solely today as it is, be- general I concur with the gentleman’s out for help in its fight against the pro- cause it is a very significant change in perspective, but the law is silent in liferation of drugs and gangs and guns law. It is not just that we are moving this regard. And given the qualifica- in the hands of children. Yet, this bill the appointment powers from the tions and the decisions or the discre- is the best thing that Speaker GING- President to the Attorney General. It tion is going to rest with the Attorney RICH can come up with for the House to is a little more complicated than that. General, as it does with all other Fed- do today. The appointment powers of the Presi- eral law enforcement local field office Just look at a few of the real prob- dent require confirmation by the Sen- appointments, which is what this will lems, either ignored or actually made ate, and as a matter of course when the become. worse during this Congress: Every day, Senators have that, just as with Fed- hundreds of children are being dragged eral judges, the appointments truly are b 1345 into the spider’s web of drug abuse. the choices of the Senators, as much or Mr. Chairman, I reserve the balance What has the Republican leadership more than they are of the President. of my time. done about that problem? It has gutted They are never, or rarely at least, ca- Mr. CONYERS. Mr. Chairman, I yield and defunded the juvenile prevention reer professionals. myself such time as I may consume. programs we passed in the last Con- What we are doing today by giving Mr. Chairman, this is a very impor- gress and erected nothing, nothing in the Attorney General the same power tant bill. It is a big deal. We are going their place. over the U.S. marshals appointments to strip the President of the ability to Every day scores of Americans are as she has today over the FBI and DEA appoint U.S. marshals. What are we killed or injured by gun violence. What field office heads and other law en- going to do with it? We are going to has the leadership done about that forcement agency heads is making the give it to the Attorney General who is problem? It has tried to repeal the as- U.S Marshals Service truly profes- appointed, I think, by the President of sault weapons ban we passed in the last sional and taking a lot, if not all, of the United States. So this is very Congress, a ban that more than two- the politics out of it, the only excep- heavy, Mr. Chairman. We ought to thirds of the American people support. tion being the director of the U.S. Mar- think carefully about this. The Attor- Every day hundreds of thousands of shals Service, which, like the director ney General is better positioned to law enforcement officers put their lives of the FBI, will remain a presidential know who should be a U.S. marshal on the line in the fight against drugs appointment. than the President of the United and guns and gangs and terrorists. Just Mr. Chairman, this bill is not a States, for whom he or she works. Very last week, the ATF uncovered a militia minor bill. It is a very significant heavy. Follow carefully. This is not a plot in the Speaker’s own district, yet change in law. It should have been done light matter. Do not throw this one these law enforcement officers have a long time ago. If we want to play par- away. U.S. marshals must be appointed been vilified by radical forces of the ex- tisan politics, which was not my in- by the Attorney General, not the Presi- treme right. tent, I do not know why the Demo- dent. And what has the Republican leader- cratic majority for 40 years before this Mr. Chairman, I yield such time as he ship done about that problem? Instead party took over this past January a may consume to the gentleman from of focusing its attention on the radical year ago did not do this. It should have New York [Mr. SCHUMER], ranking forces of hatred and extremism, it has been done a long time ago. member of the Subcommittee on Crime encouraged those forces by engaging in Mr. Chairman, I would also respond of the Committee on the Judiciary. a concerted program to bash law en- to my colleagues about the work of Mr. SCHUMER. Mr. Speaker, I thank forcement: to wit, 10 long days of hear- this side of the aisle in the crime area. the gentleman for yielding time to me. ings to pick through the ashes of Waco, It seems to me that it would be obvious Mr. Chairman, I rise in support of the and come up with not a single substan- to any member of the Subcommittee bill. I also want Members to know why tial new finding. By contrast, we only on Crime, certainly the Committee on this simple bill is on the floor today held 1 short day of hearings on the the Judiciary and this full body, that and what it says about the failure of right-wing militias. we have had 6 or 7 major crime bills the leadership on the other side. I am The Republican leadership bowed to that have become enacted into law and referring, of course, not to the ranking its right wing and included in the ter- signed by the President in the past few member of the Subcommittee on rorism bill an NRA-inspired commis- weeks. Crime, or the Judiciary, or the Com- sion, the whole purpose of which was to Granted, they were part of the terror- mittee on the Judiciary, but by others criticize law enforcement. The Repub- ism bill and part of the appropriation who have constantly messed into the lican leadership has blocked every at- bill, but six or seven of the Contract anticrime agenda. tempt to amend the armor-piercing With America crime bills are now law. Mr. Chairman, let there be no mis- bullet laws so we can protect every cop Some of them many of us have been understanding; in my view, this is a in America from cop-killer bullets. We fighting to get accomplished for years, good bill and it should be enacted into have to ask the same question thou- the most significant of which, and law. It went through subcommittee and sands of cops throughout America are which I will grant some of my col- full committee without opposition. It asking: Whose side are those guys on? leagues over there do not agree with, has the support of all the major law en- Mr. Chairman, I support this bill and but the most significant one is the re- forcement organizations. It has the I urge my colleagues to vote for it, but form of the so-called habeas corpus support of the Justice Department. In it is a sad day in America, Mr. Chair- laws, which have allowed death row in- fact, Mr. Chairman, this bill is a per- man, because while the American peo- mates to delay the carrying out of fect example of a bill that should have ple call out for real help in fighting their sentences for years by procedural been brought to the floor on the Sus- crime, both punishment and preven- devices. They are not going to be able H4326 CONGRESSIONAL RECORD — HOUSE May 1, 1996 to do that anymore; a very significant frankly, my judgment is the President Mr. MCCOLLUM. Mr. Chairman, I provision that President Clinton, is a little bit late on a lot of this stuff, yield 3 minutes to the gentleman from thank goodness, signed into law, that like with his drug program down here. Colorado [Mr. MCINNIS]. Democrat Congresses have refused to I think what he announced earlier this (Mr. MCINNIS asked and was given pass over the years and send to a Re- week sounds terrific. It sounds just permission to revise and extend his re- publican President to sign. like Ronald Reagan and George Bush marks.) In addition to that, Mr. Chairman, with a new drug policy. It sounds great, Mr. MCINNIS. Mr. Chairman, I thank we have prison litigation reforms that but where was President Clinton for the gentleman for yielding time to me. Mr. Chairman, I was over in my of- have eliminated the caps that have the last 31⁄2 years? Where was he when been strangling State prison wardens he was cutting back on the drug czar’s fice watching this debate. Let me, first from being able to keep prisoners who office in order to satisfy his commit- of all, address the issue of the rules. I should be in prison there. We have had ment to reduce White House personnel, saw the gentleman from New York, Federal judges saying things are over- when he cut them by 60 percent or 80 who still sits on the floor, and I am crowded that would not be overcrowded percent earlier in his administration? amazed. The gentleman from New York com- in Federal prison. Now we have re- For 31⁄2 years we languished without a moved those caps and we have set up good drug policy. We saw the rate of plains when the Committee on Rules procedures that means that we are not usage of marijuana and cocaine among issues a closed rule. I understand his going to be able to strangle the war- high school students double. complaints. The gentleman from New York complains when the Committee dens and we are going to keep a lot of I am glad he is coming around to these prisoners behind bars. on Rules issues a rule based on a modi- some of this now and maybe signing In addition to that, we have a provi- fied closed rule. I understand, some- things into law. Again, I did not think sion that has gone into law that will what, the legitimacy of that type of this bill should be the forum for this change the litigation requirements for complaint. prisoner litigation. We are not going to kind of political discussion, but my But now the only thing remaining, see a lot of litigation over peanut but- colleague saw fit to raise it as a politi- an open rule, and I am sitting in my of- ter sandwiches like we have seen be- cal issue about the general subject of fice and the gentleman from New York fore, and other frivolous matters. crime, and I certainly am not going to is objecting to a rule that is an open We have also enacted into law the sit back and not comment on it. rule. Mr. Chairman, I want to talk Republican provisions on truth-in-sen- The bill itself, though, Mr. Chairman about that for a minute, from the gen- tencing to make it really meaningful, needs to be passed. It is an important tleman from New York. What is going as opposed to what the last Congress bill. It does take the U.S. Marshals to make him happy? Complain, com- did, in encouraging the States to actu- Service out of politics. plain, complain. We issue an open rule. ally incarcerate violent repeat felons Mr. Chairman, I reserve the balance Mr. Chairman, for those who do not for at least 85 percent of their sen- of my time. clearly understand what an open rule tences. We are going to give them addi- Mr. CONYERS. Mr. Chairman, I yield means, it means we have completely tional moneys to build the prison busi- myself such time as I may consume. opened debate. How can Members com- ness with which to do that. Mr. Chairman, we are here today be- plain against that? The Committee on Last but not least, my friend com- cause this is an important bill. This Rules, I think, acting in absolute good plained about the drug program. Some- bill is important because it takes poli- faith, has put this bill on the floor with how we cut out some prevention pro- tics out of U.S. marshals appoint- an open rule so we can have the type of grams. All we did, and I think this is ments. It takes politics out of the ap- debate we are having today. very significant, Mr. Chairman, is that pointments by giving the appointments Mr. Chairman, let me move from the we enacted what we fought for for sev- from the President to the Attorney rule to the other issue at hand. Now let eral years and could not get, and that General, so there are no more politics us talk about the bill. is a block grant program with all that in the U.S. Marshals Service. b 1400 prevention money, for about $500 mil- That is why a number of Members of Mr. Chairman, I used to be a cop. I lion for this year alone, that will now both sides of the aisle in the other body know something about a good cop and be a question of the local communities are not very enthusiastic about this a bad cop, and I can tell you the U.S. deciding how best to spend that, measure. It may not be going any- Marshals Service needs to be profes- whether it is fighting drugs or fighting where, as logical, inevitable, as perfect, crime in any other way. If there is a sionalized. as improving as this will be to the De- I am not embarrassed to stand up high crime area, the cities and the partment of Justice. Mr. Chairman, I county governments are going to get here in front of you and tell you that do not know, if I had my druthers, I the Marshals Service worked a disgrace this money to spend as they see fit, be- like Presidents to make appointments. cause what is good for Spokane, WA, in upon this country at Ruby Ridge. They Mr. Chairman, by the way, why do we my judgment, is not necessarily good were censured by the U.S. Senate. I not have the Attorney General appoint for Charleston, SC; and Lord knows, have got the documentation right here. the U.S. district attorneys, while we Congress and Washington certainly do I am going to put it into the RECORD. are at it, or whomever the Attorney not know best when it comes to crime They gave a black eye to all of us ex- General might be? I do not hear any- prevention programs and fighting cops and to all current cops. body talking about that. Would that crime. That is not professionally run over not take the politics out of DOJ? Yes, Mr. Chairman, not only that, but there. Not only did they goof up and next week on the floor we are going to no, maybe? Well, probably not, and cost some people some lives at Ruby have a bill out here on crimes against probably not in this bill, either. Mr. Ridge, then the director of the U.S. children and the elderly, mandatory Chairman, I do not see anything to Marshals Service went out and gave notification of communities regarding crow about in this bill. the highest award possible under the sex offenders, an antistalking bill, a The one thing I do agree with my U.S. Marshals Service to the agents in- bill regarding retaliation against wit- friend, the gentleman from Florida volved at Ruby Ridge. nesses, and the list goes on. [Mr. MCCOLLUM], about is that his sub- Should we crow about that? Abso- This subcommittee has already, the committee has taken out the ability of lutely not. Should we be embarrassed Subcommittee on Crime and this Con- prisoners to write and complain about by it? Absolutely yes. Should we do gress, produced more legislation and peanut butter sandwiches. The way he something to reform the U.S. Marshals brought it to the floor, and will have, did that is have the judges dismiss Service? The answer is clearly yes. by the end of this month coming up, those as frivolous suits, which they I am proud to say that BILL MCCOL- certainly than any other subcommittee have been doing long before he became LUM from the State of Florida has of this Congress. I am proud of what we the chairman of the Subcommittee on taken it upon himself to clean this are doing. There is even more to come. Crime. agency up. This is a good bill. Why are Mr. Chairman, I am sorry we got off Mr. Chairman, I yield back the bal- we even debating? Why are you fight- into a partisan discussion but, quite ance of my time. ing this bill? This is a good bill. It does May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4327 clean up the U.S. Marshals Service, and On Aug. 21, 1992, six U.S. marshals scurried toon bullets—bullets that could twist around it cleans it up under an open rule. onto the Weaver property, outfitted in full tress, take U-turns, and defy all laws of I would urge all Members to support ninja-type camouflage and ski masks and physics. The jury foreman at the federal this bill, I would urge all Members to carrying submachine guns and other high- trial in 1993 characterized the new Cooper- powered weapons. The marshals had no visi- take a very critical eye and to look Roderick theory with an expletive and told ble badges or insignia identifying them as the Washington Post last September that very carefully at what the U.S. Mar- federal agents. After agents threw rocks near ‘‘the government’s story has changed every shals Service has done and how we can the Weaver cabin, Mr. Weaver’s 14-year-old time you turn around.’’ professionalize it, because if we profes- son, Sammy, and Kevin Harris, a 25-year-old The Senate subcommittee report con- sionalize that agency, it is a plus for friend living in the cabin, ran to see what cluded, ‘‘The Subcommittee . . . has seen no all of us. the Weavers’ dogs were barking at. evidence which would support the Marshals’ Mr. Chairman, I include the following The marshals took off running through the claim . . . ‘‘Sen. Specter said last week that woods, followed by one dog. The marshals for the RECORD: he was ‘‘surprised to see a commendation for later told the FBI that they had been am- U.S. marshals whose conduct was under cen- CONGRESS OF THE UNITED STATES, bushed. But according to a Justice Depart- sure from the Judiciary subcommittee.’’ HOUSE OF REPRESENTATIVES, ment confidential report, the marshals chose The marshals’ dubious conduct is further Washington, DC, March 13, 1996. to stop running and take a stand behind indicated by the Marshals Service’s refusal EDUARDO GONZALEZ, stumps and trees. The marshals had the ad- to undertake routine internal investigations Director, U.S. Marshals, Arlington, VA. vantage of surprise, camouflage and vastly after the fatal shootings. The Senate sub- DIRECTOR: The granting of the U.S. Mar- more firepower than the boy and Kevin Har- committee noted, ‘‘We were disappointed to shal’s ‘‘Service Award for Valor’’ to the Mar- ris possessed. learn that, based on his desire to avoid creat- shals involved in the Ruby Ridge incident is The firefight began when Marshal Arthur ing discoverable documents that might be wrong and you know its wrong. Roderick shot and killed the family dog, as used by the defense in the Weaver/Harris It is clear from the trial, Senate hearings, a Senate subcommittee investigation con- trial . . . former Director Henry Hudson de- and testimony from those involved that cluded last December. Marshals Roderick cided to conduct no formal internal review of standards of ‘‘good judgment’’, ‘‘unusual and Cooper claimed that the first shot of the USMS activities connected with the Weaver courage’’ and ‘‘competence in hostile cir- encounter had been fired by Kevin Harris and case and the Rudy Ridge incident.’’ cumstances’’ were not met, even at a mini- had killed Marshal Bill Degan. But Capt. Can anyone imagine Wyatt Earp, when he mal level. It is also interesting that the Mar- Dave Neal of the Idaho State Police team served as a U.S. marshal in the 1880s, receiv- shals ‘‘Information Sheet Randall Weaver In- that rescued the marshals 12 hours later ing a valor award for shooting a 14-year old cident’’ conveniently excludes key facts sur- stated that Marshal Roderick indicated that boy in the back? Does the Marshals Service rounding the incident such as the censure of he had fired the first shot to kill the dog. believe that Americans are obliged to give your agents’ conduct. After his dog had been killed, Sammy fired the benefit of the doubt to people in ninja Granting this prestigious award to the his gun in the direction the shots had come Marshals and calling them heroes, greatly outfits who jump out of the woods and begin from. Sammy was running back to the cabin firing submachine guns at them? Federal law discounts the history of the award and for when according to the government’s ballis- that reason alone, I regret your decision and enforcement agencies have yet to learn that tics expert at Mr. Weaver’s 1993 trial, a shot they cannot brazenly shoot innocent Ameri- poor judgment. from Marshal Larry Cooper hit him in the Sincerely, cans and then pretend that the agents in- back and killed him. Kevin Harris stated volved should be treated like national he- SCOTT MCINNIS, that he responded to Sammy’s shooting by roes. Member of Congress. firing one shot into the woods to try to pro- tect Sammy and defend himself. Mr. Harris’s Mr. MCCOLLUM. Mr. Chairman, I THEY CALL THIS VALOR shot apparently killed Marshal Degan, an yield myself such time as I may (By James Bovard) Idaho jury found that Mr. Harris acted in consume. On March 1, the U.S. Marshals Service self-defense. Though Marshals Cooper and Mr. Chairman, I do not intend to gave its highest award for valor to five U.S. Roderick testified that Marshal Degan was take much time. The bill’s debate is es- marshals involved in the 1992 Ruby Ridge, killed by the first shot, evidence later proved sentially completed. But I do want to Idaho, shoot-out, including the marshal who that he had fired seven shots. point out again to my colleagues that fatally shot a 14-year-old boy in the back and Marshals Roderick and Cooper stayed another marshal who provoked a firefight by huddled alongside Marshals Degan’s body for there are a lot of things that have been killing the boy’s dog. The award announce- the next 12 hours, afraid that they might be going on that have been legislation ment sent shock waves across Capitol Hill. shot if they tried to carry him off the moun- dealing with crime, that have come out The marshals received the award, accord- tain—even though the Weavers had long here this year, and none of those have ing to U.S. Marshals Service Director since retrieved their son’s corpse and gone been frivolous but one of them has con- Eduardo Gonzalez, for ‘‘their exceptional back to the ramshackle cabin. Other mar- cerned, as the gentleman from Michi- courage, their sound judgment in the face of shals panicked and wrongfully indicated that gan well knows, frivolous lawsuits by attack, and their high degree of professional the Weavers had U.S. marshals ‘‘pinned prisoners. competence during the incident.’’ Mr. Gon- down’’ for hours under heavy gunfire. A sub- zalez labeled the men ‘‘heroes.’’ This makes sequent FBI on-site investigation found evi- While he may ridicule the idea that a mockery of the many brave marshals who dence that the marshals fired far more shots we are prohibiting suits about peanut serve their fellow citizens. at Sammy Weaver and Mr. Harris than butter sandwiches or that judges can Randy Weaver, a white separatist who had Sammy and Mr. Harris fired at them. throw out frivolous lawsuits today, the attended a few Aryan Nation meetings, was FBI Hostage Rescue Team snipers were fact is the underlying principle of that charged in 1991 with selling illegal sawed-off called in. The subcommittee report noted, bill has to do with exhausting adminis- shotguns to a federal informant. (A jury ‘‘FBI agents who were briefed in Washington trative remedies, and is going to make later concluded that Mr. Weaver had been and in Idaho during the early stages of the it very much more difficult for pris- entrapped.) The U.S. Marshals Service was crisis at Rudy Ridge received a great deal of assigned the job of bringing Mr. Weaver in. inaccurate or exaggerated information con- oners to bring up frivolous lawsuits in The marshals spent the next year and a half cerning . . . the firefight.’’ The marshals’ the first place and make it a lot easier spying on Mr. Weaver, sneaking around his gross mischaracterization helped pave the for judges to throw them out, not just land dozens of times and erecting spy cam- way to the FBI killing of Vicki Weaver, for peanut butter sandwiches but for eras to record all of his family’s movements. Sammy’s mother. lots of other things. The marshals greatly exaggerated the Marshals Roderick and Cooper testified Mr. SCHUMER. Mr. Chairman, will threat from Mr. Weaver due in part to false last Sept. 15 before Senate Judiciary sub- the gentleman yield? information they had received from ATF committee hearings chaired by Sen. Arlen agent Herb Byerly, who according to one Specter (R., Pa.) on the Ruby Ridge case. Mr. MCCOLLUM. I yield to the gen- U.S, marshal, told them that ‘‘Weaver is a They stunned the committee by announcing tleman from New York. suspect in several eastern Washington and that Randy Weaver had shot his own son. Mr. SCHUMER. Mr. Chairman, I ap- western Montana bank robberies. An alleged Though Sammy was shot as he was running preciate the gentleman for his cour- accomplice in the robberies was arrested in the direction of his father, and though Mr. tesy. I just want to reiterate that for somewhere in Iowa and implicated a person Weaver was far away from the scene of his him and the chairman I have utmost believed to be Weaver during a confession. son’s death, and was in front of him and at respect. I think they have been trying The accomplice has since escaped from cus- a higher elevation, and though his son was to move a crime agenda along. I am tody with the assumption that he could be shot in the back by a bullet with an upward on the Weaver property.’ Agent Byerly told a trajectory, Marshal Cooper insisted the fa- only asking the gentleman to yield be- Senate subcommittee that the incorrect in- ther still somehow shot the son. cause we have yielded back our time. formation was due to a ‘‘typographical That could have happened only if Randy The arguments of the gentleman error.’’ Weaver had been using ‘‘Roger Rabbit’’ car- from Colorado were the most sophistic H4328 CONGRESSIONAL RECORD — HOUSE May 1, 1996 I have ever seen about the open rule. from Colorado, a member of the Rules an amendment that he has printed in We have a minor, narrowly drawn bill Committee. The vast majority of peo- the designated place in the CONGRES- where no one wants to amend it, and ple in this body, the vast majority of SIONAL RECORD. Those amendments the gentleman from Colorado has a big law enforcement people would like a will be considered as having been read. brass band with flags saying, ‘‘See, bill to ban cop killer bullets. We were The clerk will designate section 1. we’re doing an open rule.’’ prohibited by the Rules Committee on The text of section 1 is as follows: If the gentleman had listened to my three different occasions in legislation SECTION 1. SHORT TITLE. point, it was not objecting to an open from allowing that to be admitted. I This Act may be cited as the ‘‘United rule on this legislation but it was ob- could name many, many, many amend- States Marshals Service Improvement Act of jecting to the fact that on far more ments that the gentleman would dis- 1996’’. weighty pieces of legislation, there is agree with me or agree with me, that The CHAIRMAN. Are there amend- no open rule at all. When this majority we are not allowed to debate. Let us be ments to section 1? If not, the Clerk was in the minority before the gen- honest about it. will designate section 2. tleman from Colorado got here, they Mr. MCCOLLUM. Reclaiming my The text of section 2 is as follows: complained royally at the fact that time, Mr. Chairman, I will respond, and SEC. 2. APPOINTMENTS OF MARSHALS. there were closed rules or modified I am not going to yield more on this (a) IN GENERAL.—Chapter 37 of title 28, closed rules, and yet when they got subject. United States Code, is amended— into power, this minority, now major- I want to say to my good friend from (1) in section 561(c)— ity, has far more restricted the rules New York, he and I will debate some of (A) by striking ‘‘The President shall ap- process than the majority ever did. the gun issues for a long time to come point, by and with the advice and consent of So the point is not that this is an in the future. Cop killer bullets, as I the Senate,’’ and inserting ‘‘The Attorney General shall appoint’’; and open rule. I agree with the bill. I think know them defined today, are already it deserves about 5 minutes of debate. (B) by inserting ‘‘United States marshals banned by law. shall be appointed subject to the provisions What I disagree with is the inability to Obviously, there is a great dispute of title 5 governing appointments in the debate crime issues, weighty issues, over somebody wanting to set some competitive civil service, and shall be paid in many of which I agree with the gen- standard that nobody knows yet is accordance with the provisions of chapter 51 tleman from Florida on, many of which going to be a bad bullet that is going to and subchapter III of chapter 53 of such title I disagree. But we have had no oppor- actually pierce any of the kind of relating to classification and pay rates.’’ tunity to debate it because every major things that the cops wear to protect after the first sentence; bill where we have debated crime has (2) by striking subsection (d) of section 561; themselves. If he can show me that, I (3) by redesignating subsections (e), (f), (g), been under a closed rule where lots of have always been willing to ban such a amendments were not allowed or would (h), and (i) section 561 as subsections (d), (e), billet. (f), (g), and (h), respectively; and not be allowed on this bill. The problem is, this is an example of (4) by striking section 562. I thank the gentleman for yielding. how we can get off track and get our (b) CLERICAL AMENDMENT.—the table of Mr. MCCOLLUM. Reclaiming my political rhetoric going today, when we sections at the beginning of chapter 37 of time from the gentleman, I would point really ought to be together on fighting title 28, United States Code, is amended by out to him that next week, I believe, crime and this bill ought to be cele- striking the item relating to section 562. there will be a couple more crime bills brated today. The CHAIRMAN. Are there amend- out here under open rules. I would like This, as the gentleman from Colorado ments to section 2? If not, the Clerk to see more of them all year long. Cer- [Mr. MCINNIS] said, is an extraor- will designate section 3. tainly we believe in that. The text of section 3 is as follows: Mr. Chairman, I yield to the gen- dinarily important bill. Maybe it does not deserve, in and of itself, a lot of de- SEC. 3. TRANSITIONAL PROVISIONS; PRESI- C NNIS tleman from Colorado [Mr. M I ], a DENTIAL APPOINTMENT OF CER- member of the Committee on Rules, for bate time, but it deserves the attention that this debate should draw on it be- TAIN UNITED STATES MARSHALS. a response to that. (a) INCUMBENT MARSHALS.—Notwithstand- Mr. MCINNIS. Mr. Chairman, I, of cause it is a constructive important ing the amendments made by this Act, each course, find the comments amusing. step to finally end the politics in the marshal appointed under chapter 37 of title All the gentleman from New York has appointment of U.S. marshals and 28, United States Code, before the date of the done from what I have seen, and I saw make them conform, the service enactment of this Act shall, unless that mar- him just a minute ago from my office, comform to the same kind of profes- shal resigns or is removed by the President, is complain, complain and complain. sionalism that the FBI, the DEA, and continue to perform the duties of that office until the expiration of that marshal’s term There is nothing we are going to do as other Federal law enforcement bodies have. and the appointment of a successor. long as we are Republicans, especially (b) VACANCIES AFTER ENACTMENT.—Not- in an election year, that is going to There is no reason not to do this. The withstanding the amendments made by this make him happy. I can understand U.S. attorneys office, which was Act, with respect to the first vacancy which that, but I did not really come over to brought up by my colleague from occurs in the office of United States marshal debate him. I came over to explain to Michigan, is an entirely different ani- in any district, during the period beginning my colleagues, this is an open rule. mal. Maybe we ought to take some of on the date of the enactment of this Act and Sure, there are some Members of this the politics out of them, but that is not ending on December 31, 1999, the President House who will complain about every- a Federal law enforcement agency. The shall appoint, by and with the advice and U.S. Marshals Service is, and it is the consent of the Senate, a marshal to fill that thing we do, but the fact is there is no vacancy for a term of 4 years. Any marshal justification for complaint either on only one today that does not have the appointed by the President under this sub- the open rule and there is certainly no kind of removal from politics that this section shall, unless that marshal resigns or justification, in my opinion, to oppose bill would give it. I therefore am very is removed from office by the President, con- this bill. This is a good bill. It cleans proud of the bill and urge the adoption tinue to perform the duties of that office up the U.S. Marshals Service, it puts in of this bill. after the end of the four-year term to which some very basic reforms, and once The CHAIRMAN. All time for general such marshal was appointed until a succes- again I commend the gentleman from debate has expired. sor is appointed. Florida who I think, by the way, has The committee amendment in the The CHAIRMAN. Are there amend- really taken the lead of the pack on nature of a substitute printed in the ments to section 3? If not, the question putting some important crime legisla- bill shall be considered by sections as is on the committee amendment in the tion into this country and into law in an original bill for the purpose of nature of a substitute. this country. amendment, and pursuant to the rule The Committee amendment in the Mr. SCHUMER. Mr. Chairman, will each section is considered as having nature of a substitute was agreed to. the gentleman yield? been read. The CHAIRMAN. Under the rule, the Mr. MCCOLLUM. I yield very briefly During consideration of the bill for Committee rises. to the gentleman from New York. amendment, the Chairman of the Com- Accordingly, the Committee rose; Mr. SCHUMER. Mr. Chairman, I will mittee of the Whole may accord prior- and the Speaker pro tempore (Mr. give an example, one, to the gentleman ity in recognition to a Member offering DICKEY) having assumed the chair, Mr. May 1, 1996 CONGRESSIONAL RECORD — HOUSE H4329

WICKER, Chairman of the Committee of Goodling Martinez Saxton Sanders Thompson Williams Gordon Martini Scarborough Sawyer Towns Wynn the Whole House on the State of the Graham Mascara Schaefer Stark Visclosky Union, reported that that Committee, Greene (UT) Matsui Schiff Stokes Waters having had under consideration the bill Greenwood McCarthy Schroeder NOT VOTING—10 (H.R. 2641), to amend title 28, United Gunderson McCollum Schumer Gutierrez McCrery Scott Berman Kaptur Walker States Code, to provide for appoint- Gutknecht McDade Seastrand Bryant (TX) Kleczka White ment of U.S. marshals by the Director Hall (OH) McHale Sensenbrenner Clay Molinari of the U.S. Marshals Service, pursuant Hall (TX) McHugh Serrano Goss Myers to House Resolution 418, he reported Hamilton McInnis Shadegg Hancock McIntosh Shaw b 1429 the bill back to the House with an Hansen McKeon Shays amendment adopted by the Committee Harman Meehan Shuster Mr. HOYER and Mr. TORRES of the Whole. Hastert Menendez Sisisky changed their vote from ‘‘nay’’ to Hastings (WA) Metcalf Skaggs ‘‘yea.’’ The SPEAKER pro tempore. Under Hayes Meyers Skeen the rule, the previous question is or- Hayworth Mica Skelton So the bill was passed. dered. Hefley Millender- Slaughter The result of the vote was announced The question is on the committee Heineman McDonald Smith (MI) as above recorded. Herger Miller (CA) Smith (NJ) The title was amended so as to read: amendment in the nature of a sub- Hilleary Miller (FL) Smith (TX) stitute. Hobson Minge Smith (WA) ‘‘A bill to amend title 28, United States The committee amendment in the Hoekstra Mink Solomon Code, to provide for appointment of Hoke Moakley Souder nature of a substitute was agreed to. United States marshals by the Attor- Horn Montgomery Spence ney General.’’ The SPEAKER pro tempore. The Hostettler Moorhead Spratt question is on the engrossment and Houghton Moran Stearns A motion to reconsider was laid on Hoyer Morella Stenholm the table. third reading of the bill. Hunter Myrick Stockman The bill was ordered to be engrossed Hutchinson Nadler Studds f and read a third time, and was read the Hyde Nethercutt Stump Inglis Neumann Stupak GENERAL LEAVE third time. Talent Istook Ney Mr. MCCOLLUM. Mr. Speaker, I ask The SPEAKER pro tempore. The Johnson (CT) Norwood Tanner question is on the passage of the bill. Johnson (SD) Nussle Tate unanimous consent that all Members The question was taken; and the Johnson, Sam Oberstar Tauzin may have 5 legislative days in which to Johnston Ortiz Taylor (MS) revise and extend their remarks on Speaker pro tempore announced that Jones Orton Taylor (NC) the ayes appeared to have it. Kasich Oxley Tejeda H.R. 2641, the bill just passed. Mr. BISHOP. Mr. Speaker, I object to Kelly Packard Thomas The SPEAKER pro tempore (Mr. Thornberry the vote on the ground that a quorum Kennedy (RI) Pallone DICKEY). Is there objection to the re- Kennelly Parker Thornton quest of the gentleman from Florida? is not present and make the point of Kim Pastor Thurman order that a quorum is not present. King Paxon Tiahrt There was no objection. The SPEAKER pro tempore. Evi- Kingston Payne (VA) Torkildsen f Klug Pelosi Torres dently a quorum is not present. Knollenberg Peterson (MN) Torricelli PROVIDING FOR CONSIDERATION Traficant The Sergeant at Arms will notify ab- Kolbe Petri OF H.R. 2149, OCEAN SHIPPING sent Members. LaFalce Pickett Upton LaHood Pombo Velazquez REFORM ACT OF 1995 The vote was taken by electronic de- Lantos Pomeroy Vento vice, and there were—yeas 351, nays 72, Largent Porter Volkmer Mr. QUILLEN. Mr. Speaker, by direc- not voting 10, as follows: Latham Portman Vucanovich tion of the Committee on Rules, I call LaTourette Pryce Walsh up House Resolution 419 and ask for its [Roll No. 141] Laughlin Quillen Wamp immediate consideration. YEAS—351 Lazio Quinn Ward Leach Radanovich Watt (NC) The Clerk read the resolution, as fol- Abercrombie Burr Doggett Levin Ramstad Watts (OK) lows: Ackerman Burton Dooley Lewis (CA) Reed Waxman H. RES. 419 Allard Buyer Doolittle Lewis (KY) Regula Weldon (FL) Andrews Callahan Dornan Lightfoot Richardson Weldon (PA) Resolved, That at any time after the adop- Archer Calvert Doyle Lincoln Riggs Weller tion of this resolution the Speaker may, pur- Armey Camp Dreier Linder Rivers Whitfield Bachus Campbell Dunn suant to clause 1(b) of rule XXIII, declare the Lipinski Roberts Wicker House resolved into the Committee of the Baesler Canady Durbin Wilson Livingston Rogers Whole House on the State of the Union for Baker (CA) Cardin Edwards LoBiondo Rohrabacher Wise Baker (LA) Castle Ehlers Lofgren Ros-Lehtinen Wolf consideration of the bill (H.R. 2149) to reduce Baldacci Chabot Ehrlich Longley Rose Woolsey regulation, promote efficiencies, and encour- Ballenger Chambliss Emerson Lowey Roth Yates age competition in the international ocean Barcia Chapman English Lucas Roukema Young (AK) transportation system of the United States, Barr Chenoweth Ensign Luther Roybal-Allard Young (FL) Barrett (NE) Christensen Evans to eliminate the Federal Maritime Commis- Maloney Royce Zeliff sion, and for other purposes. The first read- Bartlett Chrysler Everett Zimmer Manton Sabo ing of the bill shall be dispensed with. Gen- Barton Clement Ewing Manzullo Salmon Bass Clinger Farr Markey Sanford eral debate shall be confined to the bill and Bateman Coble Fawell shall not exceed one hour equally divided Becerra Coburn Fazio NAYS—72 and controlled by the chairman and ranking Beilenson Collins (GA) Fields (TX) minority member of the Committee on Bentsen Combest Flanagan Barrett (WI) Filner Kennedy (MA) Bereuter Condit Foley Bishop Flake Kildee Transportation and Infrastructure. After Bevill Cooley Fowler Bonior Foglietta Klink general debate the bill shall be considered Bilbray Cox Fox Brown (FL) Forbes Lewis (GA) for amendment under the five-minute rule. Bilirakis Cramer Frank (MA) Clayton Ford McDermott Before consideration of any other amend- Bliley Crane Franks (CT) Clyburn Gejdenson McKinney ment it shall be in order to consider the Blute Crapo Franks (NJ) Coleman Gephardt McNulty amendment printed in part 1 of the report of Boehlert Cremeans Frelinghuysen Collins (IL) Gibbons Meek the Committee on Rules accompanying this Boehner Cubin Frisa Collins (MI) Green (TX) Mollohan Bonilla Cunningham Frost Conyers Hastings (FL) Murtha resolution, if offered by Representative Shu- Bono Danner Funderburk Costello Hefner Neal ster of Pennsylvania or his designee. That Borski Davis Furse Coyne Hilliard Obey amendment shall be considered as read, may Boucher de la Garza Gallegly Cummings Hinchey Olver amend portions of the bill not yet read for Brewster Deal Ganske DeFazio Holden Owens amendment, shall be debatable for 10 min- Browder DeLauro Gekas Dellums Jackson (IL) Payne (NJ) utes equally divided and controlled by the Brown (CA) DeLay Geren Dingell Jackson-Lee Peterson (FL) proponent and an opponent, shall not be sub- Brown (OH) Deutsch Gilchrest Duncan (TX) Poshard Brownback Diaz-Balart Gillmor Engel Jacobs Rahall ject to amendment, and shall not be subject Bryant (TN) Dickey Gilman Eshoo Jefferson Rangel to a demand for division of the question in Bunn Dicks Gonzalez Fattah Johnson, E. B. Roemer the House or in the Committee of the Whole. Bunning Dixon Goodlatte Fields (LA) Kanjorski Rush Points of order against that amendment for