30968 CONGRESSIONAL RECORD-HOUSE November 7, 1985 HOUSE OF REPRESENTATIVES-Thursday, November 7, 1985 The House met at 10 a.m. tify an exemption from the civil rights proposal sponsored by Representative Lynn The Chaplain, Rev. James David laws is outrageous at best. The idea Martin of Illinois to protect congressional that a Member can rationalize discrim­ employees from discrimination by creating a Ford, D.D., offered the following panel of retired Judges to hear complaints. prayer: ination for whatever reasons is to But Martin admits that progress is slow. The eyes of the Lord are toward the make a mockery of civil rights. The ar­ The bill was also referred to the Judiciary righteous, and Hi& ears toward their guments regarding constitutional sepa­ and the Government Operations commit­ cry.-Psalm 34:15. ration of powers or the speech and tees, and it is unlikely to reach the fioor for Visit us, 0 God, with Your blessing, debate clause, are flimsy and merely a vote this term. Panetta has encouraged lead us in the way of truth, and hear act as a shield against the hypocrisy Martin and Democratic Representative Pat our prayer for justice and mercy. May taking place in the House and the Schroeder, who has proposed a similar bill, we be honest with our motives and other body. to work on a bipartisan resolution that I urge my colleagues to not only might make it out of committee. earnest in our supplications that You There are a few flimsy measures already will bless our land with righteousness read this article, but to join us in pass­ in effect. In 1976, after the furor over Con­ and peace. Amen. ing reasonable legislation to cure this gressman Wayne Hayes's using his position problem. The country is waiting and to solicit sexual favors from his secretary watching. Will we be the ones to set an Elizabeth Ray, Schroeder helped create a THE JOURNAL example? Or will we retreat into the voluntary antidiscrimination hearing board The SPEAKER. The Chair has ex­ sanctity and safety of an exemption called the Fair Employment Practices Com· amined the Journal of the last day's which thwarts the very concept of civil mittee. About 130 members have signed a proceedings and announces to the rights in America? nonbinding agreement <which has never re­ [From the New Republic, Nov. 18, 19851 ceived any support from the House leader­ House his approval thereof. ship> not to discriminate in hiring. Only Pursuant to clause 1, rule I, the Do As I SAY staffers who work for signers of the agree. Journal stands approved. <By Jacob Weisberg> ment have the privilege of complaining to An employee at the Senate Placement the FEPC if they feel unfairly treated. Office who helps match Job applicants with Former chairperson Sarah Orrick says that ANNOUNCEMENT BY THE positions says she often receives requests the board seldom convenes, and that she SPEAKER from Senate offices for "no minorities." doesn't remember it ever hearing an actual The SPEAKER. The Chair had in­ What's more, she honors them. Why? grievance. The reasons are obvious: those tended to announce that there would "Maybe there are people in the office that who sign the voluntary pledge tend to be don't take to minorities. Maybe they've had those who don't discriminate, and the board be no 1-minute speeches prior to legis­ a bad experience with a minority in the has no real power to punish perpetrators or lative business, but in view of the fact past. They're being honest, so why send compensate victims. there are only two Members here, the them someone they're not going to hire?" In 1978, at the urging of John Glenn and Chair will recognize the gentleman She adds that she often encourages staffers others, who pointed out that less than one­ from Pennsylvania [Mr. CLINGER] and who make such requests to interview minor­ third of one percent of the Senate's highest the gentleman from Missouri [Mr. ity applicants anyway. "I tell them that it staff positions were held by blacks, and that YOUNG]. could cause an embarrassment at home," women did only slightly better, the Senate she says, noting that the office often gets passed a simple rule forbidding employment requests for "only minorities," too. discrimination. But Glenn points out that DO AS I SAY This kind of discrimination on the Hill is the rule is useless since the Senate neglect­ nothing new. In 1974 the Fort Worth Star­ ed to pass any enforcement mechanism. <Mr. CLINGER asked and was given Telegram created a minor furor when it re­ "There was a lot of talk about doing better permission to address the House for 1 ported that the House placement office reg­ in the future, and then everybody forgot minute and to revise and extend his ularly removed stipulations like "white about it again," he says. remarks and include extraneous only" and "attractive, smart, young, and no Members of Congress have found several matter.> Catholics ..." from hiring orders sent by ways to Justify their exemptions. Many cite Mr. CLINGER. Mr. Speaker, I would congressional offices. The House Clerk's the established need to hire staff members like to bring to the attention of my office now says that its new computer can't according to regional and political &!fill· input discriminatory data. But the comput­ ation. When you point out that the Civil colleagues an important article in the er apparently is more enli1htened than Rights Act doesn't prohibit political patron­ latest issue of the New Republic, writ­ some members of Conrress. Practitioner par age, they resort to constitutional argu­ ten by Jacob Weisberg. It is entitled excellence of the do·as·I-aay-not-as·I·do phi· ments. Foremost among these is the concept "Do As I Say." losophy, Conrress has made itself exempt of separation of powers, which some repre­ Mr. Weisberg's article reminds us of from Title VII of the Civil Riahts Act of sentatives contend prohibits the executive how we in Congress have imposed a 1964, which prohibit.a discrimination on the branch from enforcing laws like the Civil double standard: While the rest of the basis of race, sex, creed, and national oriain. Riahts Act against the legislative branch. Nation must comply with employment Just as members of Conrreu can leaaIIy But of course separation of powers works discrimination laws, Congress has ex­ exclude or fire whomever they want, they both ways, a fact they overlook when they are free to ianore the ll'air Labor Standards want the president to open his files under empted itself. Act, the Equal Pay Act, the Occupational the Freedom of Information Act. I commend our colleagues LYNN Safety and Health Act, the Preedom of In· The second argument relies on the MARTIN and PAT ScHROEDER for draft­ formation Act, the Privacy Act, and a tor­ "speech and debate clause" of Article One ing legislation which would end this rent of other laws. These immunities have of the Constitution, which protects mem­ unfair practice. I also commend our disturbed a !ew outspoken lelillators for bers from being questioned in court about colleague LEoN PANETrA for holding years, and periodically bills are introduced their leiislative activities. Representative hearings on this issue last summer to brina Conrress into compliance with it.a Ed Jones of Tennessee recently invoked this own laws. Rarely are such propoaals enthu· notion when he was sued by Anne W. which, I might add, were the first siastically received. Thia summer the House Walker, former manager of the House Res· hearings we've ever held on this sub­ Subcommittee on Police and Personnel, taurant. As chairman of the House Adminis­ ject. chaired by Representative Leon Panetta, tration Subcommittee on Services, which Mr. Speaker, the mere notion that did hold hearinp on the moat recent anti· oversees the restaurant, Jones fired Walker, we-the Nation's lawmakers-can jus- hypocrisy measures, the beat of which is a who claims he told her that a $45,000 salary 0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Boldface type indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. November 7, 1985 CONGRESSIONAL RECORD-HOUSE 30969 was "ridiculous for a woman." A federal happen to be among the three-quarters of Mr. GAYDOS. Mr. Speaker, I thank court of appeals recently held in favor of the population that merits special protec­ my colleague for yielding. Walker's right to sue, saying that selecting tion because of race, religion, age, or sexual restaurant staff is not a legislative proce­ preference. Because Congress doesn't feel Mr. Speaker, this resolution is the dure, and is thus not covered by the speech the effects of these measures, it isn't much usual and customary resolution which and debate clause. inclined to improve them. If our legislators is used to provide amounts from the Senator Ernest Hollings <who hired the were subjected to their own laws, which contingent fund of the House for con­ first black Senate committee chief of staff) James Madison called an essential condition tinuing expenses of investigations and offers a distinctly nonconstitutional argu­ for the survival of democracy, they would studies by standing and select commit­ ment. Legislators, he says, are responsible to become better lawmakers. The rest of the their constituents alone. If a racist congres­ country might even regain a measure of re­ tees of the House during the period sional district wants its representative not spect for the bills Congress passes.