[Congressional Record Volume 141, Number 177 (Thursday, November 9, 1995)]
[Senate]
[Pages S16855-S16858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1996

  The Senate continued with the consideration of the joint resolution.
  Mr. KERREY. Mr. President, I ask the Chair, are we now on the 
continuing resolution?
  The PRESIDING OFFICER. That is correct.
  Mr. KERREY. Mr. President, there is a provision in this continuing 
resolution--indeed, there are many provisions in it. But there is one 
in particular that deals with lobbying.
  Just on the face of it--I know other Senators are concerned about it; 
I know the Senator from Colorado was prepared to move to strike this 
provision--I believe it should be stricken.
  Let me make, first and foremost, this point about the appropriateness 
of having lobbying reform on the continuing resolution. I just think it 
is totally inappropriate. This Congress cannot function with 70 Members 
of the House basically writing a letter threatening that they are not 
going to support the continuing resolution if it does not contain this 
provision.
  I have an interest in impact aid. I have an interest in things 
relating to agriculture--things that are not likely to pass this year. 
I suspect that I could probably round up 15 or 20 people or so who 
would say, send a letter to Leader Dole and Leader Daschle saying that, 
if this is not included, we are not going to vote for it.
  I know these new Members of the Congress get quite enthusiastic about 
saying they have a mandate to do everything that comes to mind. But 
this lobbying reform provision was not in the Contract With America. It 
is not in any contract that I have seen. I appreciate their enthusiasm 
for change. But this provision--a lobbying provision changing our 
lobbying laws--does not belong on this bill. Indeed, I find it rather 
odd that the House has not taken up the lobbying reform legislation 
that this body has addressed already. We debated it as a freestanding 
bill. Those who are enthusiastic about lobbying reform did not just 
write a letter insisting that lobbying reform provisions be included in 
the continuing resolution.
  I see with regret that the Speaker, the majority leader, and the 
President are now at loggerheads saying maybe the Government is going 
to be shut down on Tuesday because we cannot get a continuing 
resolution passed. It is tough to pass a continuing resolution, even 
one that is clean, even one that has some provisions that connect to 
the budget. I can stretch and understand that.
  But when we have provisions relating to lobbying, I just think we 
have to take a stand on this side and say to the House that we passed 
lobbying reform on this side. We brought it up on the calendar. We had 
a lengthy debate about it. We changed the law. We propose to change the 
law relating to lobbying. The House should take it up over there; take 
up lobbying reform. If you want to add this amendment to lobbying 
reform legislation, do so.
  I think it is a bad change. I would like to have the opportunity--if 
they pass that over there, go to conference on the bill and it comes 
back over in that fashion, I would argue against it.
  But I think that Republicans and Democrats here, if this body is 
going to function, are going to have to take a stand against 60 are 70 
Members of the House who are constantly saying, ``Do it our way or we 
are going to shut the place down.''
  Mr. President, we all understand, for example, the rules of the 
Senate allow us to come down and expel large volumes of air and tie 
things up with repeated debate. With all kinds of conversation, we 
could slow this thing down, shut it down, and get nothing done, if that 
is what we choose to do.
  I think the Senate, in this particular case, needs to take a stand. I 
know the Senator from Wyoming, in fact, feels strongly about this. When 
we took up the Treasury-Postal appropriations bill, I joined with him 
and allowed an amendment to be accepted. But in the Treasury-Postal 
conference, again we find ourselves faced with a threat. We find 
ourselves faced with a single individual who says in the conference 
committee, ``I do not care what happens to Treasury-Postal. I do not 
mind shutting the Government down. I insist that I get this provision 
accepted and changed into law.''
  Mr. President, again, I do not mind sitting down here and fighting 
the battle over something important. But nobody is calling me from home 
proposing this thing. This does not come from the grassroots. This came 
from a couple of people who had an idea that somehow we are 
increasingly calling upon 50l(c)(3) organizations to help us. But I 
suspect every Member of this body has gotten up and talked about the 
kind of partnerships that we need 

[[Page S 16856]]
to make our Government more efficient and effective, and we have called 
upon nongovernment organizations to participate in the process.
  What are we doing here with this language? We are saying essentially 
that we are going to regulate you? After we have asked you to help, 
after we have said to the Red Cross, ``We would like to have you help 
us with disaster programs,'' after we say to the YMCA and the YWCA, 
``We would like to have you help us with our violence against families 
efforts at the local level with the State taxpayer money,'' then we 
say, ``Oh, by the way, do you make any effort to influence Congress? If 
you do, we are going to restrict you.''
  That is what Mr. Istook and Mr. McIntosh are saying. They are 
unwilling to pass lobbying reform over in the House and restrict the 
real lobbyists that hang out here all day long. They will go after the 
501(c)(3)'s because in some cases they do not like the agenda. If push 
comes to shove in the House, they will make an exception. We will 
exempt out veterans organizations. As I understand it, there may be an 
attempt over here to say let us take care of the Catholic Church and 
exempt them as well.
  I say to Mr. Istook and Mr. McIntosh that, if your principle is 
sound, if you really believe your own words, that we are subsidizing 
lobbyists, we are not. And, by the way, this legislation addresses 
private money, not public money. This legislation put in place 
extensive regulation. 501(c)(3)'s would have to prove they are in 
compliance. Speaker after speaker last night went down and said there 
are lots of organizations that are not affected. We exempted them all. 
Take care what you vote for around here because you may find yourself 
creating a problem that you did not realize you were going to create, 
and that is precisely what would happen with the House language.
  With the House language, you may say you are exempting these 
organizations, but they have to prove they are in compliance. They have 
to show the Federal Government that they are doing the right thing. We 
are now saying to these organizations that we have asked to help that 
now you have to prove you are in compliance, and you have to keep your 
records for 5 years.
  Again, this particular amendment is offered by individuals who 
repeatedly go to the floor and talk about excessive regulation and the 
need to reduce the cost of bureaucracy, to reduce the cost of 
paperwork. We asked in conference, What about the paperwork? What about 
the bureaucracy? There was stony silence. ``We do not think it is going 
to be that big of a problem.'' We hear that a lot when somebody is 
proposing a new regulation. ``It is not going to be that big of a 
problem.'' The answer is they have not really thought it through. They 
are trying to restrict the activities of organizations that have come 
to Washington and are asking that the budget be shaped a certain way, 
that the appropriations be shaped. They do not like these requests.
  Mr. HATFIELD. Mr. President, will the Senator yield for a question?
  Mr. KERREY. I am pleased to yield.
  Mr. HATFIELD. The Senator knows where my position is on this 
particular issue.
  I would like to merely say that the managers of the bill have not 
been able to make their opening statements at this point because a 
Democratic Senator arrived on the floor after it was laid down and 
asked for permission to go back to morning business to make 10 or 15 
minutes of remarks. We had no objection to that to accommodate the 
Democratic Senator, and expected then to open up the issue by our 
opening statements--Senator Byrd and myself.
  I want to say to the Senator that part of that delay also has been in 
trying to work out some kind of an agreement on this particular point.
  I wonder if the Senator would yield in order to return to that 
procedure.
  Mr. KERREY. Absolutely. Mr. President, I came to the floor with no 
idea precisely when it was that the distinguished chairman and ranking 
member would be coming down here to take the bill up. It was my 
intention to talk just briefly about this particular provision and, 
whenever they got here, to yield.
  At this point, I yield the floor.
  Mr. HATFIELD. I thank the Senator.
  Mr. President, I would ask for a quorum call for a few moments.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HATFIELD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATFIELD. Mr. President, the Senate now has under consideration 
House Joint Resolution 115, the second continuing resolution for fiscal 
year 1996. The current continuing resolution, Public Law 104-31, 
expires on Monday, November 13, and only 2 of our 13 appropriations 
bills have been signed into law, so another measure is necessary to 
provide executive branch authority to obligate funds for Government 
operations.
  This continuing resolution has four titles. Title I is the operative 
part, providing that the rate of operations for activities funded in 
the 11 appropriations bills not yet signed into law shall be the lowest 
of the rates provided by the House-passed bill, the Senate-passed bill, 
or the current rate. Specific provision is made for programs that might 
be zeroed out under that formulation; namely, such programs may be 
maintained at a rate of 60 percent of the current rate. The existing CR 
pegs this minimal level at not to exceed 90 percent of the current 
rate.
  In addition, this CR carries a provision, section 112, providing that 
spending rates may be adjusted to avoid any reduction in force, or RIF, 
at any of the affected agencies.
  The expiration of this measure is Friday, December 1.
  Title II of this measure is an internal housekeeping matter providing 
for hand enrollment of the reconciliation bill, the debt limit bill, 
and continuing resolutions. This provision will expedite transmittal of 
this legislation to the President once passed by both Houses.
  Title III is the so-called Istook amendment. I expect there will be a 
motion to strike this title. I will vote for that motion, and I hope it 
will succeed.
  Title IV carries two provisions within the jurisdiction of the 
Finance Committee. Both pertain to the Medicare Program.
  Mr. President, it should be noted that this joint resolution has been 
brought to the floor without referral to the Appropriations Committee. 
I have no objection to doing so, for I recognize the need to save time. 
But I want to emphasize that this is not a product of the 
Appropriations Committee, and thus it does not necessarily represent 
the views of a majority of our committee. In fact, I do not believe our 
committee would have reported this measure in this form, and I doubt 
that the members of the committee will support this measure in all of 
its particulars.
  I will now yield the floor to Senator Byrd to make whatever opening 
remarks he may wish to make, and then we can proceed with any 
amendments or motions that may be offered.
  I wish to indicate again the pleasure and the efficiency that has 
been developed by the working relationship with Senator Byrd as the 
former chairman of our committee which I have enjoyed over a number of 
years, and now that I am chairman and he is the ranking member, 
reversed to what it was in previous years, I want to say that it has 
continued to be an unassailable partnership from which I have derived 
great pleasure.
  I also wish once again to thank Senator Kerrey of Nebraska for 
permitting us to return to this procedure at this time to introduce the 
resolution and to also assure the Senator, as he is now conversing with 
the Senator from Wyoming, we are attempting to work out some kind of a 
resolution of the title relating to the Istook amendment.
  Mr. BYRD addressed the Chair.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I thank the distinguished chairman for his 
observations with respect to the working relationship that has existed 
from the beginning between the chairman, Mr. Hatfield, and myself. He 
has accorded to me a great deal of courtesy and understanding, and I am 
proud that I share the responsibility with him of managing this measure 
as well as various and sundry appropriations bills that we have brought 
to the floor from 

[[Page S 16857]]
time to time. I enjoy that relationship with the chairman, and I 
cherish it.
  Mr. President, as Senators are aware, the Federal Government has been 
operating under a continuing resolution--Public Law 104-31--since the 
beginning of the new fiscal year, October 1st. That continuing 
resolution was necessary to give Congress more time to complete its 
annual appropriations process on the fiscal year 1996 appropriations 
bills. While that measure continued essential functions of government 
at rates below levels allowed in the 1996 budget resolution, it 
nevertheless did not prejudge final budget decisions for fiscal year 
1996, nor did it attempt to enact new policies into law. Instead, it 
was a product upon which the President and Congress agreed to continue 
necessary functions of the government through November 13.
  It had been hoped that this six-week extension beyond the beginning 
of fiscal year 1996 would be sufficient to enable Congress and the 
President to enact most, if not all, of the 13 fiscal year 1996 
appropriations bills. But, unfortunately, that has not been the case.
  To date, the President has signed only two appropriations bills into 
law--Military Construction and Agriculture. Two others--the Energy and 
Water Development and Transportation appropriations bills--have been 
sent to the President and his signature is expected. In addition, the 
legislative branch appropriations bill, which the President 
unfortunately--and I think unwisely--vetoed, has been adopted a second 
time by both Houses of Congress and is ready for submission to the 
President for his signature, which I hope that he will put on the 
dotted line this time.

  I have never been able to understand the curious logic that went into 
his veto of the legislative appropriations bill. The Constitution 
creates this branch, the legislative branch. It is the branch closest 
to the people, and we have the responsibility to fund the operations of 
the branch. There is no question but that the bill which was sent had 
been reduced in the amounts, so it was not a question of the amounts 
being out of line. It was just some kind of false logic on the part of 
those down at the White House who have, I suppose, advised the 
President to veto that bill. He did not garner any kudos, as far as 
this Senator is concerned, or any credits when he vetoed that bill. The 
mere fact that it was the first to reach his desk somehow must have 
resulted in a pique of someone down there, but it was not sent down 
first by calculation or design. It just turned out that way.
  So I think it was silly for him to veto that bill, and I told that to 
the people at the White House when they called me to ask me about it. I 
said it was faulty logic and it could come back to create problems for 
you. I hope we will at this time pass that stage of sophomoric 
development.
  All eight of the remaining appropriation bills are in various stages 
of completion. These bills are: Defense, Interior, Foreign Operations, 
Treasury-Postal, Commerce-State-Justice, VA-HUD, Labor-HHS, and 
District of Columbia.
  As a result of these difficulties, it has become necessary to enact a 
second continuing resolution. Unfortunately, the second continuing 
resolution now before the Senate, H.J. Res. 115, is not one which I can 
support. It not only contains unnecessarily deep funding cuts in 
programs for education--and I have got to say this about education 
while I am on the subject; I cannot understand why we continue to spend 
more and more moneys for education, and turn out a lower and lower 
performance with respect to scholastic results that come out of the 
schools; I just cannot understand that--on infrastructure and other 
critical areas, but it also contains a number of controversial 
legislative provisions that have no business being included in a 
continuing resolution.
  One such controversial provision--the so-called ``Istook 
amendment''--is addressed in the President's Statement of 
Administration Policy, dated November 8, 1995. That Statement of 
Administration Policy contains the following language:

       One provision of H.J. Res. 115, the so-called ``Istook 
     amendment,'' would launch a broad attack on the right to free 
     speech of such organizations as the Red Cross and the Girl 
     Scouts; it would limit their ability, and that of other 
     organizations that receive Federal funds, to participate in 
     administrative or judicial proceedings. The Justice 
     Department believes that the provision does not pass 
     constitutional muster because it imposes unconstitutional 
     penalties for the exercise of free speech rights. Among other 
     things, the provision would impose restrictions and penalties 
     on organizations that were involved in advocacy during the 
     year prior to passage of the legislation--thereby 
     violating the fundamental principle that prevents the 
     government from retaliating retroactively against persons 
     or organizations that have exercised free speech rights.

  Another provision in this resolution would raise the contribution 
that beneficiaries must pay for Medicare Part B premiums to $53.50, 
effective in January of 1996. Without this change, those premiums would 
be approximately $10 less per month per person.
  For these reasons, the President has indicated that he will veto H.J. 
Res. 115 if presented to him in its present form.
  I support the President's position regarding H.J. Res. 115, as it is 
now drafted. I am hopeful that the Senate will adopt sufficient 
modifications to H.J. Res. 115 and that the House will concur in those 
modifications, so that the President can be presented with a measure 
that he can sign prior to the shutdown of the government at midnight on 
Monday, November 13. If such a shutdown occurs, it will not be the 
fault--I suppose it will be the fault of everyone to some extent. It 
will be due to the inability of this Congress to complete its work in a 
timely manner.
  There are only two responsibilities that are absolutely essential for 
this session of Congress. Those are, one, the enactment of annual 
appropriations for the Federal Government for fiscal year 1996 and the 
raising of the debt limit to a level sufficient to enable the 
government to meet its financial obligations without default. 
Throughout the past year, we have heard the Republican majority of both 
Houses of Congress playing up their so-called ``Contract With America'' 
and touting all of the benefits that will be forthcoming to the 
American people as a result of that so-called ``contract.''
  As I have done on previous occasions, my contract with America I keep 
right here in my shirt pocket. And it cost 19 cents some years ago when 
I first purchased it. And it is entitled, ``The Constitution of the 
United States.'' That is my contract with America. And I do not swear 
to any other contract with America.
  I am one that ran also last year, and I did not receive any mandate 
from the voters of West Virginia. Not one voter ever asked me about the 
so-called Contract With America. I was never asked to sign it or 
support it. I do not swear to it. I never expect to bow down to it. I 
only bow down to the Bible, No. 1, and the Constitution of the United 
States, No. 2, in that order.
  If one looks at what they do and not what they say, the record speaks 
for itself. Despite all of the rhetoric to the contrary, this is one of 
the poorest performances that I can recall as far as the timely 
enactment of appropriations bills is concerned.
  I hasten to say that I do not fault the chairman of the committee, 
the distinguished Senator from Oregon [Mr. Hatfield], for this delay. 
And I do not fault the other members of the Appropriations Committee 
for the delay. The major cause is the fact that a number of these 
appropriation bills include controversial legislative riders, such as 
those that are contained in the pending measure.
  Therefore, it is incumbent upon Congress to enact a clean continuing 
resolution and a clean debt limit increase without adding unnecessary 
legislative provisions to either. If we are unable to do so, the blame 
will be properly at our doorstep for the shutdown of the operations of 
the Federal Government on Tuesday, November 14th, and the default on 
the payment of its obligations shortly thereafter.
  I urge my colleagues to support amendments which I understand will be 
offered to this resolution which, if adopted, I believe will enhance 
chances that H.J. Res. 115 will be signed into law. If such amendments 
are not made by the Senate and agreed to by the House, then I feel sure 
that H.J. Res. 115 stands no chance whatsoever of becoming law.
  Mr. President, I yield the floor.
  Mr. CAMPBELL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Colorado. 

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  Mr. CAMPBELL. Thank you, Mr. President.

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