[Congressional Record Volume 140, Number 34 (Wednesday, March 23, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           ORDER OF PROCEDURE

  Mr. MITCHELL. Mr. President, if I may have the attention of Senators?
  Last week, in a regular scheduling meeting with Senator Dole, which 
as all Senators know I hold constantly, I advised Senator Dole in 
response to his inquiry that it was my intention that the Senate 
complete action on certain measures prior to the upcoming Easter 
recess. I identified several bills which I hoped we would be able to 
complete action on, and we have now completed action on all of those I 
identified except for three. The three measures which remain are the 
pending budget resolution; the conference report to accompany H.R. 
1804, that is the Goals 2000, Educate America bill; and the so-called 
buyout bill, Federal employees buyout bill.
  Earlier this week, in a subsequent scheduling discussion with Senator 
Dole, he advised me that Republican Senators would not agree to take up 
the education bill, and that there would be a filibuster if the bill 
were to be brought up. I indicated to Senator Dole that, were that to 
be the case, then I would seek to proceed to the bill and file cloture 
motions on the bill so we could have cloture votes to see if we could 
end the filibuster and proceed to vote on the bills. The House has 
completed action on the measure, and the papers are now present in the 
Senate.

  Just a few moments ago, I was advised through staff of the Republican 
leader that not only would Republican Senators filibuster the education 
bill but that they would require the clerk to read the entire 
conference report which, as we know, is permitted under the rules. That 
is one of the rules that I have urged be changed, for obvious reasons, 
and reasons which are relevant now. But nonetheless, it is the rule 
now.
  I am further advised by the clerk that it is estimated that it would 
take between 6 and 7 hours to read the conference report. And if we are 
required to do that, then the clerk will do so and we will remain in 
session until the conference report is read, at which time we will 
proceed to the conference report and I will file the cloture motions.
  That is likely not to occur until early tomorrow morning, Thursday, 
which means that the cloture motions would ripen for a vote on 
Saturday. It is not my intention to inconvenience Senators, and I have 
tried very hard in this process to minimize the inconvenience to 
Senators, but if the filibuster is to occur and if the reading of the 
report is to be required, then there will be no alternative but to 
having at least one cloture vote, probably two, and additional votes on 
Saturday. That is an outcome that I very much hope can be avoided and 
will do all I can to avoid. But since I have just been presented with 
this demand, of which I had not been previously aware, I felt it 
important to notify Senators that it is possible that the travel 
schedules will be interrupted.
  The same holds true with respect to the so-called Federal buyout 
bill. We do not have that yet from the House, and I have not been 
notified of what our colleagues intend to do with respect to that bill.
  But I just want to say to my colleagues that it is my intention that 
the Senate will remain in session until we complete action on the 
budget resolution, the conference report on the education bill, and the 
conference report on the Federal buyout bill, however long that takes, 
and I hope it does not take as long as would be possible under the 
rules.
  I will momentarily, after, of course, permitting the distinguished 
Republican leader to make such comments as he wishes to make, seek 
consent to proceed to the education conference report. Failing that, we 
will move to proceed to it, and I simply wanted to put Senators on 
notice to that effect.
  Mr. President, I will be pleased now to yield to the distinguished 
Republican leader without losing my right to the floor.
  The PRESIDING OFFICER. The Republican leader.
  Mr. DOLE. Mr. President, I am advised the House is now voting on the 
second conference report, the buyout bill, on the motion to recommit to 
put in the crime bill provision spending so we can lock it in so it is 
not spent somewhere else. But that motion to recommit is losing, even 
though 250 Members voted to instruct the conferees earlier this week. 
So it shows nothing changes. You can vote both ways most of the time.
  I would just suggest that the majority leader is accurate in what he 
said. This can be remedied very quickly if we arrange to put the Helms 
amendment back into the Goals 2000 bill. We would not be in this 
predicament now if they kept the amendment in conference, which passed 
the Senate by a vote of 3 to 1--70 some to 20 some. Therein lies the 
problem.
  The Senator from North Carolina feels very strongly about it. The 
Senator from Massachusetts, [Mr. Kennedy], the manager of the bill, 
voted for the amendment. It had broad bipartisan support, and it was 
the hope of the Senator from North Carolina and others who supported 
the amendment that that would be part of the conference report. Had it 
been part of the conference report, then we would not have the dilemma 
which faces all of us now, as we near a recess.
  So I understand the Senator from North Carolina will request that the 
report be read, and I will check with my colleagues with reference to 
the so-called buyout bill so I can convey that information to the 
majority leader at the earliest possible time because, as always 
happens at recess time, some people make plans to leave and sometimes 
they are interrupted. This may be one of those times.
  Mr. KENNEDY. Will the Senator yield?
  Mr. MITCHELL. I yield to the Senator.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, my friend, the Republican leader, did not 
really state the situation accurately in terms of the conference report 
language dealing with prayer in school. I will take a later time to 
explain again and review the three different school prayer amendments. 
There were three different amendments. There was the amendment of 
Senator Helms, of Senator Danforth, and of Senator Levin.
  Coming back from the conference, in the conference report are the 
following words:

       No funds authorized to be appropriated under this act may 
     be used by any State or local educational agency to adopt 
     policies that prevent voluntary prayer and meditation in 
     public schools.

  I believe that we have carried basically the sense expressed in the 
Senate. We did that in a conference with the  House of Representatives, 
and this has been the language which has been included in 
appropriations bills since 1982 and has been effective in dealing with 
this issue.

  They have been in since 1982, and it has not been challenged. Here we 
have an extremely important education bill that has passed 
overwhelmingly in the House and here with bipartisan support, and we 
have appropriations that are dependent upon action to be taken prior to 
next week.
  That is the situation that we have found ourselves in. So I just 
wanted to mention to the body that in terms of what comes back in the 
conference report, we will be glad to debate that issue. I also give 
assurances that we will have the elementary and secondary education 
bill, chapter 1, later in this session. We can always come back and, if 
the body wants to, revisit this particular issue and have a full debate 
on it. There is obviously no time limitation. So we have the 
opportunity to take this language in a timely way and to reconsider 
that issue, if that is the will of this body in a timely way before the 
end of the session. It seems to me that that is a reasonable way to 
proceed.
  I thank the leader.
  Mr. MITCHELL. I yield to the Republican leader.
  Mr. DOLE. Mr. President, I say to the Senator from Massachusetts, I 
did not mean to give any inaccurate information. I guess the point I 
wanted to make is the Helms language is not in the conference report.
  Mr. MITCHELL. Mr. President, the Senator from North Carolina would 
like to make a comment. I yield to him without losing my right to the 
floor.
  Mr. HELMS. May I have the floor in my own right?
  Mr. MITCHELL. I have the floor.
  Mr. HELMS. Mr. President, let us review the bidding. This is supposed 
to be a body of 100 Senators and I, for one, am getting a little sick 
and tired of one Senator presuming to speak for all the rest of us when 
he does not represent the opinion of the rest of us.
  Let us review the bidding, where we stand.
  On February 3, the Senate voted 75 to 22 in favor of the Helms-Lott 
school prayer language as an amendment to H.R. 1804, the so-called 
Goals 2000 bill.
  On February 23, the House voted 367 to 55 to instruct the House 
conferees on the Goals 2000 bill to accept the Helms-Lott school prayer 
amendment from the Senate.
  On March 17, the House and Senate Goals 2000 conferees dropped the 
Helms-Lott amendment and substituted do-nothing language authored by 
Representative Pat Williams, and this was done in the last 60 seconds 
of the conference without a vote on the issue.
  Now, I checked with staff members who were there. It was an 
orchestrated thing. Mr. Kennedy said, after everybody just about had 
left, ``Is there anything else?'' And Mr. Williams said, ``Oh, yes. We 
have a school prayer amendment.'' And my understanding is that Mr. 
Kennedy said, ``Well, we will take it.''
  And that was it. And, of course, they tried to back me in the corner 
about having the conference report read. Mr. Kennedy backed the Senate 
in that corner.
  Now, on May 21, the House voted 345 to 64 to add language identical 
to the Helms-Lott school prayer language as an amendment to H.R. 6, the 
Elementary and Secondary Education Reauthorization Act. That vote came 
after the House had voted 171 to 239 to reject Representative Williams' 
attempt to add his do-nothing language as an amendment to H.R. 6.
  So do you see the pattern? In the last 60 seconds of the conference, 
in this prearranged, one-act play by Mr. Kennedy of Massachusetts and 
Mr. Williams, or whoever it was representing the House side, they did 
away with the Helms-Lott amendment and they put in this do-nothing 
amendment.
  Now, what am I supposed to do; say, ``It is OK, boys?'' It is not OK, 
boys. I am not going to tolerate it. I hate to inconvenience anybody. I 
will stay here and you can go ahead for your Easter holidays if you 
want to. The majority leader is not going to get cloture, and he knows 
that he is not going to get cloture. But fair is fair and right is 
right, and 100 Senators make up this Senate, not the Senator from 
Massachusetts by himself.
  I yield the floor.
  Mr. KENNEDY addressed the Chair.
  Mr. MITCHELL. Mr. President, I have the floor. I will give the 
Senator from Massachusetts an opportunity to respond briefly. Then I am 
going to make a brief statement, and proceed with this matter.
  Mr. KENNEDY. Mr. President, the conference chronology is the 
following:

       The conference committee met first on Tuesday, March 15. On 
     the afternoon of that day, Senate staff were provided with 
     language to be offered by the House in lieu of the Senate 
     amendments on school prayer.
       On Tuesday afternoon, the House language was given to the 
     staff of the Republican Senators on the conference committee. 
     They advised the staff of Senator Helms, who came to the 
     conference committee late Tuesday afternoon. Staff of Senator 
     Helms was given the House language and discussed their views 
     of the language with the staff for the Republican and 
     Democratic Senate conferees.
       At the conference committee meeting on Tuesday afternoon, 
     it was announced that the school prayer issue remained open 
     and would be discussed at a later time.
       The conference committee next met on Wednesday afternoon, 
     March 16. It was announced at that meeting the school prayer 
     issue still remained open and that the House members 
     preferred to leave that issue for resolution until the issue 
     of the opportunity-to-learn standards was resolved at the 
     next day's conference.

  Quite frankly, if that was not resolved, the bill was going down.

       Senator Helms' staff was present at the conference that 
     day.
       The conference committee next met on Thursday afternoon, 
     March 17. The conference committee reached a compromise on 
     the opportunity-to-learn standards question. The House then 
     offered its proposal on school prayer which was discussed by 
     the conference committee and then accepted.
       To summarize, staff for all the Republicans on the Labor 
     and Human Resources Committee as well as the staff of Senator 
     Helms was presented on Tuesday with the language that the 
     House offered on school prayer 2 days before the offer was 
     made. We repeatedly stated in the conference on each day the 
     school prayer issue remained to be resolved and every effort 
     was made to advise interested Senators of the proposed 
     outcome.

  Finally, I would remind the Senate that Senator Danforth's amendment 
was accepted 97 to zero and the Levin amendment was accepted 
unanimously. Those Senators were entitled to have their interests 
represented, as well. So I reject categorically any suggestion that 
this issue was not resolved in the openness of a committee conference. 
And I, too, am prepared to remain here. And the American people are 
prepared to watch and see whether this body is going to go forward and 
make progress on the important issues of education, or whether we are 
going to face the obstructionist tactics of Senators who have objected 
on other occasions to education issues as well.
  I thank the majority leader.
  The PRESIDING OFFICER. The majority leader.
  Mr. MITCHELL. Mr. President----
  Mr. HELMS. Mr. President, I know the majority leader will allow me to 
respond to that because it is just as ``unfactual'' as it can be. I 
implore the majority leader to let me set the record straight.
  Mr. MITCHELL. Mr. President, can the Senator set the record straight 
in 2 minutes?
  Mr. HELMS. I may have to talk like Donald Duck to do it in 2 minutes.
  Mr. MITCHELL. The Senator will have plenty of time because if what he 
wants occurs, we will be in session all night, and I expect he will 
have the floor to himself all night. But go ahead and respond.
  Mr. HELMS. I am the one Senator Kennedy is trying to roll on this 
thing, not to mention the Senators who voted for the Helms-Lott 
amendment in good faith. Now, I will not take any more than 2 or 3 
minutes.
  Mr. MITCHELL. That is fine. Why not go ahead.
  Mr. HELMS. Here is the chronology of what occurred with the Helms-
Lott school prayer amendment in the conference on the Goals 2000 bill.
  On Tuesday, March 15, at approximately 6 p.m., my staff was notified 
by Senator Thurmond and Senator Coats' staff that the Goals 2000 
conferees meeting in the Senate Foreign Relations Committee room in the 
Dirksen Building would be considering the school prayer issue shortly.
  My staff went to the meeting and was given a copy of Representative 
Pat Williams' proposed substitute language and immediately informed 
Williams' and Kennedy's staff that that language would be unacceptable 
to me because as a practical matter it did nothing.
  And I reiterate, it is a do-nothing amendment, and it was intended to 
be one of these ``CMF'' amendments, meaning ``cover my fanny.''
  Now, my staff person informed me that he stayed at the meeting, but 
conferees themselves never discussed school prayer that night and the 
meeting was continued to Wednesday, March 16, at 10 a.m. in the Rayburn 
Building on the House side.
  On Wednesday, March 16, at approximately 1 p.m., my staff was again 
notified that the Goals 2000 conferees would be considering school 
prayer shortly. My staff went to the House and stayed until the 
conference was continued over to Thursday on the Senate side at a time 
to be announced in room S-207 of the Capitol. Again, school prayer was 
not discussed on Wednesday.
  On Thursday, March 17, at approximately 2 p.m., the conferees met 
again though my staff was never notified.
  You see the pattern, Mr. President?
  The meeting actually took place in Senate Foreign Relations room in 
the Capitol, not S-207, and lasted about 20 minutes.
  Senator Thurmond's and Senator Gregg's staff later informed me that 
after the conferees finished discussing an agreement on the 
opportunity-to-learn standards issue in the bill, Senators Kennedy, 
Kassebaum, Pell, and Jeffords were getting ready to leave for the last 
time when Kennedy asked Representative William Ford, chairman of the 
House Education and Labor Committee, if there were any other issues to 
be considered. Mr. Ford said the school prayer issue was left, and Mr. 
Kennedy asked if there was any proposal on the issue.
  See how it was a set-up job, Mr. President?
  Mr. Ford said ``yes.'' He and Representative Kildee had substitute 
language authored by Representative Pat Williams. Mr. Kennedy said that 
was fine with him and then everybody left. There was no vote on the 
school prayer issue or on final passage of the conference report.
  Those are the facts. I have checked them not only with my staff, but 
with staffs of other Senators, and they say this report is right.
  Now, I am not going to pound the table and say, ``No, no, no, no,'' 
nine times, but this kind of business has to stop. This is a 100-person 
Senate. The Senator from Massachusetts does not own this Senate, and he 
is not going to run the show as long as I have breath left in me.
  Mr. KENNEDY. Mr. President, 10 seconds.
  Mr. MITCHELL. Ten seconds.
  Mr. KENNEDY. I was glad to hear the chronology of the Senator from 
North Carolina basically reinforce what I represented. Republican 
Senators including Senator Helms had notice of the proposed House offer 
2 days before it was made. There was no objection to the acceptance of 
that offer by any Senator attending the conference. No objection. It 
was agreed to by the conferees.
  Mr. MITCHELL. Mr. President, we now have competing chronologies from 
which any Senator can make his or her choice. I just want to make one 
general comment so there can be no misunderstanding about this.
  There should be no suggestion that an amendment adopted in the Senate 
and not being accepted in conference is an unusual event in the Senate. 
It is a daily event. I have had many amendments that I have offered 
that have been accepted in the Senate, sometimes by a 100-to-nothing 
vote, and then have not made it through conference.
  Every Senator has a right to object to that and to oppose that, and 
use the rules in such a manner as he or she chooses. But there should 
be no implication--and I know none was intended--that an amendment 
adopted in the Senate and then not accepted in conference is an unusual 
event. It is not. It is a very common event. It happens every day.
  Mr. President, I want to say this: In a moment I am going to seek 
consent to proceed to the conference report. If objection is made, I 
will then move to proceed to it. And if a request is made to read the 
conference report--that is permitted under the rules --it will occur.
  I just say to Senators, when that is over, whatever time it is, there 
will be a rollcall vote on the motion to proceed, followed by other 
rollcall votes.
  Finally, of course, it should go without saying--and I want to make 
it clear--that if we are required to read it, then of course those who 
insist on the reading will have to be present, because if not present 
we will move to terminate the reading so that we can proceed to it.
  Mr. DOLE. Mr. President, I do not disagree with what the majority 
leader said. You have a provision in our bill, and as I understand it, 
the same provision is in each bill.
  Mr. KENNEDY. There is no provision in the House bill.
  Mr. DOLE. No provision at all in the House bill?
  Mr. KENNEDY. No.
  Mr. DOLE. They had a vote referred to. They voted by 321 to--voted on 
the same provision in the House bill. I wonder if the Senator from 
Massachusetts would entertain a unanimous-consent request to proceed to 
consideration of the concurrent resolution to correct the enrollment of 
the conference report by including the identical text of the Helms 
language. That way we could complete this in about 5 minutes.
  Mr. KENNEDY. If the Senator will yield, we have the language of 
Senator Danforth, and the language of the Senator from Michigan. We 
have all three languages.
  What we have attempted to include in the conference report is what is 
existing law with the clear opportunity that it could be altered or 
changed in the House or in the Senate, on education or any other topic. 
We also made that permanent.
  Senator Danforth is here, and he made, I think, one of the very 
eloquent and most compelling presentations on this issue during the 
course of the debate, and received a 97 to 0 vote. And Senator Levin's 
amendment was accepted on a voice vote without a single objection, 
related to this same subject. The House of Representatives, without any 
kind of language.
  And we come back with that language which I have just referred to 
that says:

       No funds to be appropriated under this act may be used by 
     any State or local educational agencies to adopt policies 
     that prevent voluntary prayer and meditation in public 
     schools.

  I think we have fulfilled the responsibility of the Senate. If this 
body wants to address this issue at another time, then that is 
certainly a matter for us to consider. Clearly, we can.
  Mr. MITCHELL. Mr. President, I think we are not going to  resolve it 
in that manner. I think we ought to know we are going to have to have a 
reading, then we are going to have a vote somewhere between now and 2 
a.m. or 3 a.m. We might as well get going on it, if that is going to 
have to happen.

  Mr. DOLE. Mr. President, it will not be possible to take all of this 
time out of the budget?
  Mr. DOMENICI. We have taken out too much already.
  Mr. DOLE. Just an idea.
  Mr. DOMENICI. If it is fine with the majority leader, it is not fine 
with me.
  Mr. MITCHELL. Mr. President, did the Senator from South Carolina want 
to speak?
  Mr. THURMOND. Mr. President, I was just going to make a suggestion 
similar to Senator Dole's, but he has already made that point. I thank 
the Senator.
  I am just hoping, Mr. President, that the Senator from Massachusetts, 
who is a friend of mine, and a friend of all of us, would be gracious 
enough to wind this thing up. The Senate has voted overwhelmingly for 
this amendment. The House has voted overwhelmingly for this amendment. 
So why can we not go ahead and adopt this Helms amendment?
  Mr. MITCHELL. I think that has been already been determined, I say to 
the chairman. I thank him for his comments.

                          ____________________