[Congressional Record Volume 141, Number 128 (Thursday, August 3, 1995)]
[House]
[Pages H8418-H8421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE PROGRAM

  Mr. FRANK of Massachusetts. Mr. Speaker, I have been discussing with 
some other Members what the schedule is. I think we are close to an 
agreement, which would obviate the need for the nine separate votes and 
reconsiderations on the amendments that were adopted in the Committee 
of the Whole, most of which were perfectly nice amendments.
  I wondering if anyone could give me any guidance on what we are 
likely to be doing next, because that would have some influence on what 
we would be doing now. I would be glad to yield. I know we are making a 
lot of progress. I do not insist on everything, but I would like a 
little comfort level before I sit down.
  Mr. LINDER. Mr. Speaker, will the gentleman yield?
  Mr. FRANK of Massachusetts. I yield to the gentleman from Georgia.
  Mr. LINDER. Mr. Speaker, the gentleman who can answer this is about 
to approach the microphone.
  Mr. FRANK of Massachusetts. Mr. Speaker, for the first time I have 
all this time and I have nothing to say.

[[Page H 8419]]

  Can we go back on the Solomon amendment while we are waiting?
  Mr. ARMEY. Mr. Speaker, who controls the time?
  Mr. FRANK of Massachusetts. I do, and I would yield to the gentleman.
  The SPEAKER pro tempore (Mr. LaHood). The gentleman from 
Massachusetts controls the time.
  Mr. ARMEY. Mr. Speaker, would the gentleman restate his inquiry?
  Mr. FRANK of Massachusetts. Before we pass the point at which 
separate votes cannot be demanded, I was trying to get some kind of 
comfort level about the chances of working out a schedule which would 
have us come back in first thing in the morning to do the 
telecommunications bill and whatever else we could finish, and I yield 
to the gentleman from Texas.
  Mr. ARMEY. Mr. Speaker, if the gentleman will yield, believe me, I 
can assure the gentleman from Massachusetts [Mr. Frank] that I 
understand the gentleman's need for a comfort level. We are working on 
a unanimous-consent request with respect to the remaining program for 
tonight and tomorrow, and we have negotiations under way right now. 
Unhappily, the gentleman's request for information comes at a time when 
we do not have this all in detail.
  I guess, Mr. Speaker, the only thing I can tell the gentleman right 
now is we are working on it and we hope to have it concluded as quickly 
as possible.
  Mr. FRANK of Massachusetts. Mr. Speaker, I thank the gentleman for 
that. This is, obviously, not the only bus in town, so I will give up 
the time here, with the understanding that we are trying hard to work 
this out, and if we are not able to work it out, I think we will have 
some difficulty.
  I would relinquish the time, and I certainly have no pressing need 
for separate votes at this point, apparently.

                              {time}  0030

  The SPEAKER pro tempore (Mr. LaHood). Is a separate vote demanded on 
any amendment? If not, the Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
                 Motion to Recommit Offered by Mr. Obey

  Mr. OBEY. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. OBEY. Mr. Speaker, I think that is safe to say.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. OBEY moves to recommit the bill to the Committee on 
     Appropriations with instructions to report it back forthwith 
     with an amendment as follows:
       On page 18, strike lines 17 through 24.
       On page 20 strike out lines 15 through 22.
       On page 58 strike all beginning after the word ``purposes'' 
     on line 20 through page 60 line 8.

  The SPEAKER pro tempore. The gentleman from Wisconsin [Mr. Obey] is 
recognized for 5 minutes.
  Mr. OBEY. Mr. Speaker, I certainly will not take the 5 minutes. I 
simply want to say two things. First of all, I want to alert members to 
the fact that there will be two votes, obviously, with a motion to 
recommit, and then final passage.
  What this recommittal motion simply does is to try to redress some of 
the damage that this bill does to the dignity of workers in this 
country. It strikes sections 103, which would block the President's 
authority to enforce executive orders, barring striker replacements on 
Federal contracts. Second, it strikes section 105, which blocks 
development of workplace standards related to ergonomic injures. Third, 
it strikes limitations on the National Labor Relations Board authority 
to protect collective bargaining rights of workers, the 10(j) 
injunctions.
  Mr. Speaker, we have already had the debates on all of these. There 
is no point in pursuing it. I would simply urge an ``aye'' vote on the 
motion to recommit, and I would ask for a rollcall. I would remind 
people there would be two votes.
  The SPEAKER pro tempore. Does the gentleman from Illinois [Mr. 
Porter] rise in opposition?
  Mr. PORTER. Mr. Speaker, I do.
  The SPEAKER pro tempore. The gentleman from Illinois is recognized 
for 5 minutes.
  Mr. PORTER. Mr. Speaker, we began hearings on this bill on January 4. 
We have been through a very long process in bringing it forward, 
including a subcommittee markup that lasted over seven hours, three 
days in full committee, and we have spent 26 hours on the floor 
debating the bill and amendments to it.
  It has been shaped through a very long process and a very fair 
process. There are provisions in the bill I do not agree with, as you 
know, but we have been through a process I believe in very deeply.
  Mr. Speaker, the bill will be further shaped in this process, one 
that has been followed for over 200 years, a process that is designed 
to be highly deliberative, highly participatory, and to find exactly 
where the American people are on all of these issues, and that is where 
we will ultimately end up.
  Mr. Speaker, I would ask the Members to support the work that we have 
engaged in, to oppose the motion to recommit, and to support the bill, 
and to move it forward in the legislative process.
  Mr. Speaker, I yield to the gentleman from Pennsylvania [Mr. 
Goodling].
  Mr. GOODLING. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I want to make very sure that everyone understands under 
the striker replacement issue, there is only one issue in this piece of 
legislation. That issue is very simply, who has the responsibility 
under our form of government to legislate. I do not believe there is 
anyone in the House of Representatives, anyone in the United States, 
that believes it is anybody other than the Congress of the United 
States. It is not the executive branch, it is the Congress, and that is 
the issue that you are faced with in this legislation, and in this 
motion to recommit.
  Mr. PORTER. Mr. Speaker, I yield to my colleague, the gentleman from 
Illinois [Mr. Fawell].
  Mr. FAWELL. Mr. Speaker, just very briefly, the other issue involves 
a so-called 10(j) preliminary injunction, and all that is requested in 
reference to the granting of such a preliminary injunction is that it 
be understood that it is an extraordinary remedy, and that the usual 
rules of equity do control, and that the NLRB would have to prove that 
there is the extraordinary remedy, and irreparable harm would have to 
be shown if the injunction is not granted. That is all that it does. I 
think it is a very reasonable request.
  Mr. Speaker, I would ask that you vote ``no'' on the motion to 
recommit.
  Mr. PORTER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             recorded vote

  Mr. OBEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there where--ayes 188, 
noes 238, not voting 8, as follows:

                             [Roll No. 625]

                               AYES--188

     Abercrombie
     Ackerman
     Baesler
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Flake
     Foglietta
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gilman
     Gonzalez
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Holden
     Horn
     Hoyer
     Jackson-Lee
     Jacobs
     Jefferson
     Johnson (SD)
     Johnson, E.B.
     Johnston
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     King
     Kleczka
     Klink
     LaFalce

[[Page H 8420]]

     Lantos
     Lazio
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McHugh
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Mollohan
     Moran
     Murtha
     Nadler
     Neal
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Pomeroy
     Poshard
     Quinn
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Skaggs
     Skelton
     Slaughter
     Smith (NJ)
     Spratt
     Stark
     Stokes
     Studds
     Stupak
     Tejeda
     Thompson
     Thornton
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Velazquez
     Vento
     Visclosky
     Volkmer
     Ward
     Waters
     Watt (NC)
     Waxman
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn

                               NOES--238

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brewster
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Goodlatte
     Goodling
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCollum
     McCrery
     McDade
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Morella
     Myers
     Myrick
     Nethercutt
     Neumann
     Norwood
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Petri
     Pickett
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stockman
     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--8

     Andrews
     Filner
     Moakley
     Reynolds
     Thurman
     Williams
     Yates
     Young (AK)

                              {time}  0054
  Messrs. LAZIO of New York, TEJEDA, ORTIZ, and NEY changed their vote 
from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. LaHood). The question is on the passage 
of the bill.
  Pursuant to clause 7 of rule XV, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 219, 
nays 208, not voting 8, as follows:

                             [Roll No. 626]

                               YEAS--219

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bilirakis
     Bliley
     Boehlert
     Boehner
     Bonilla
     Bono
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Foley
     Forbes
     Fowler
     Fox
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Goodlatte
     Goodling
     Goss
     Graham
     Greenwood
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Livingston
     Longley
     Lucas
     Manzullo
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Myers
     Myrick
     Nethercutt
     Neumann
     Norwood
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Petri
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stockman
     Stump
     Talent
     Tate
     Tauzin
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (FL)
     Zeliff

                               NAYS--208

     Abercrombie
     Ackerman
     Baesler
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Bereuter
     Berman
     Bevill
     Bilbray
     Bishop
     Blute
     Bonior
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Flake
     Flanagan
     Foglietta
     Ford
     Frank (MA)
     Franks (CT)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gonzalez
     Gordon
     Green
     Gunderson
     Gutierrez
     Hall (OH)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Heineman
     Hilliard
     Hinchey
     Holden
     Horn
     Houghton
     Hoyer
     Jackson-Lee
     Jacobs
     Jefferson
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     LaFalce
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Martini
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Mollohan
     Moran
     Morella
     Murtha
     Nadler
     Neal
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Pickett
     Pomeroy
     Poshard
     Quinn
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Sisisky
     Skaggs
     Skelton
     Slaughter
     Spratt
     Stark
     Stenholm
     Stokes
     Studds
     Stupak
     Tanner
     Taylor (MS)
     Tejeda
     Thompson
     Thornton
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Velazquez
     Vento
     Visclosky
     Volkmer
     Ward
     Waters
     Watt (NC)
     Waxman
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Zimmer

                             NOT VOTING--8

     Andrews
     Filner
     Moakley
     Reynolds
     Thurman
     Williams
     Yates
     Young (AK)

                              {time}  0112

  So the bill was passed. 

[[Page H 8421]]

  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  

                          ____________________