[Congressional Record Volume 140, Number 13 (Thursday, February 10, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   MOTION TO INSTRUCT CONFEREES ON H.R. 3759, EMERGENCY SUPPLEMENTAL 
                    APPROPRIATIONS FISCAL YEAR 1994

  Mr. McDADE. Mr. Speaker, I offer a motion to instruct conferees on 
H.R. 3759.
  The Clerk read as follows:

       Mr. McDade moves that the managers on the part of the 
     House, at the conference on the disagreeing votes of the two 
     Houses on H.R. 3759, be instructed to agree to the D'Amato 
     amendment number 1442 as modified, as adopted by the Senate. 
     On vote number 36, as follows:

     SEC.  . Extension of RTC Civil Statute of Limitations.

       ``Section 21A(b)(14)(C) of the Federal Home Loan Bank Act 
     (12 U.S.C. 1441a(b)(14)(C) is amended by striking clause (i) 
     and inserting in lieu thereof the following:
       ``(i) the period beginning on the date the claim accrues 
     (as determined pursuant to section 11(d)(14)(B) of the 
     Federal Deposit Insurance Act) and ending on December 31, 
     1995; or ending on the date of the termination of the 
     corporation pursuant to section 21A(m)(1), whichever is 
     later; or.''

  Mr. McDADE (during the reading). Mr. Speaker, I ask unanimous consent 
that the motion to instruct conferees be considered as read and printed 
in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  Mr. GONZALEZ. Mr. Speaker, I object.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will continue to read the motion to instruct.
  The Clerk concluded the reading of the motion to instruct conferees.
  The SPEAKER pro tempore. The gentleman from Pennsylvania [Mr. McDade] 
will be recognized for 30 minutes, and the gentleman from Iowa [Mr. 
Smith] will be recognized for 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. McDade].
  (Mr. McDade asked and was given permission to revise and extend his 
remarks.)
  Mr. McDADE. Mr. Speaker, I yield myself such time as I may consume.
  I know the hour is late. Members have all kinds of travel plans. All 
this does is express the will of the body that we do what the Senate 
did unanimously, 96-nothing, in extending the statute of limitations 
for civil matters with respect to the RTC, FDIC and FSLIC. It was 
unanimous in the other body. I would suggest that it can be done in 
this body by a unanimous vote, and I hope that we will do so promptly.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Iowa. Mr. Speaker, I yield myself such time as I may 
consume.
  This amendment passed, as the gentleman said, unanimously in the 
Senate. I do not know of any need to have an extended discussion at 
this time, and reserve the balance of my time.
  Mr. McDADE. Mr. Speaker, I yield such time as he may consume to the 
distinguished gentleman from Iowa [Mr. Leach].
  Mr. LEACH. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  I will be very brief. This amendment did come from the Senate side. 
In the broadest sense, the issue is one of recovery of taxpayer lost 
resources. In what we have all come to understand as the largest public 
sector mistake of the century--the S&L debacle--where the taxpayers 
lost about a quarter-of-a-trillion dollars, less than 1 percent has 
been recovered. Part of the reason relates to, in the broadest sense, 
to the complicated nature of financial institution litigation. For 
example, in Texas, where there is several hundred billion dollars in 
taxpayer losses, the recovery rate has been almost negligible.
  The RTC, frankly, in a circumstance of major litigation, has not had 
the time nor the resources to pursue all it needs to pursue. In the 
more narrow sense, it certainly is true that the minority is concerned 
about responsibility for failure of a particular institution in the 
State of Arkansas, which cost the American taxpayer $60 million. I 
would only note, with regard to that institution, that quite frankly, 
there was a late recusal of a U.S. Attorney in Little Rock.
  There was also unconventional advocacy of a particular law firm hired 
by the FDIC for the taxpayer.
  And for those reasons, the minority respectfully requests 
consideration of this motion.
  I would only conclude by noting that if there is a case for vigorous 
legal intervention in the American economy today, it has to be to 
develop precedent that the taxpayer cannot be robbed with impunity from 
the corporate board room. And to paraphrase one of the great Americans 
of this century, ``Moderation in the pursuit of accountability for 
lapses in public ethics is no virtue, extremism in defense of the 
taxpayer, no vice.''

                              {time}  1720

  Mr. McDADE. Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Iowa. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Chapman) Without objection, the previous 
question is ordered on the motion to instruct conferees.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct 
conferees offered by the gentleman from Pennsylvania [Mr. McDade].
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             recorded vote

  Mr. SOLOMON. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 390, 
noes 1, answered ``present'' 1, not voting 41, as follows:

                             [Roll No. 26]

                               AYES--390

     Abercrombie
     Ackerman
     Allard
     Andrews (ME)
     Andrews (NJ)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Beilenson
     Bentley
     Bereuter
     Berman
     Bevill
     Bilbray
     Bishop
     Blackwell
     Bliley
     Blute
     Boehlert
     Bonilla
     Bonior
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cunningham
     Danner
     Darden
     Deal
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (CA)
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Everett
     Farr
     Fawell
     Fazio
     Fields (LA)
     Filner
     Fish
     Flake
     Ford (MI)
     Ford (TN)
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gallo
     Gekas
     Gephardt
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Grandy
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (TX)
     Hamburg
     Hamilton
     Hancock
     Hansen
     Harman
     Hayes
     Hefley
     Hefner
     Herger
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Inglis
     Inhofe
     Inslee
     Istook
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Johnston
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (GA)
     Lightfoot
     Linder
     Livingston
     Lloyd
     Long
     Lowey
     Maloney
     Mann
     Manton
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Myers
     Nadler
     Natcher
     Neal (MA)
     Neal (NC)
     Nussle
     Oberstar
     Obey
     Olver
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Pelosi
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pickle
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Ravenel
     Reed
     Regula
     Reynolds
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rostenkowski
     Roukema
     Rowland
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Studds
     Stump
     Stupak
     Sundquist
     Swett
     Swift
     Synar
     Talent
     Tanner
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Traficant
     Tucker
     Unsoeld
     Upton
     Valentine
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Whitten
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (FL)
     Zeliff
     Zimmer

                                NOES--1

       
     Clay
       

                        ANSWERED ``PRESENT''--1

       
     Hyde
       

                             NOT VOTING--41

     Andrews (TX)
     Bilirakis
     Boehner
     Brooks
     Coleman
     de la Garza
     DeFazio
     Dingell
     Ewing
     Fields (TX)
     Fingerhut
     Foglietta
     Gejdenson
     Gibbons
     Hall (OH)
     Hastert
     Hastings
     Hutto
     Jacobs
     Laughlin
     Lewis (FL)
     Lipinski
     Machtley
     McMillan
     Michel
     Murphy
     Murtha
     Ortiz
     Orton
     Owens
     Quillen
     Richardson
     Ridge
     Rose
     Roth
     Slattery
     Smith (OR)
     Tauzin
     Towns
     Washington
     Young (AK)

                              {time}  1746

  Mr. COX changed his vote from ``no'' to ``aye.''
  So the motion to instruct was agreed to.
  The result of the vote was announced as above recorded.


                 appointment of conferees on H.R. 3759

  The SPEAKER pro tempore (Mr. Chapman). Without objection, the Chair 
appoints the following conferees: Messrs. Natcher, Smith of Iowa, 
Yates, Obey, Stokes, Bevill, Murtha, Dixon, Fazio, Hefner, Hoyer, Carr 
of Michigan, Durbin, McDade, Myers of Indiana, Regula, Livingston, 
Lewis of California, Rogers, Skeen, and Porter.
  There was no objection.

                          ____________________