[Congressional Record Volume 143, Number 107 (Friday, July 25, 1997)]
[House]
[Pages H5783-H5793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR THE CONSIDERATION OF H.R. 2209, LEGISLATIVE BRANCH
APPROPRIATIONS ACT, 1998
Ms. PRYCE of Ohio. Madam Speaker, by direction of the Committee on
Rules I call up House Resolution 197 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 197
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2209) making appropriations for the
Legislative Branch for the fiscal year ending September 30,
1998, and for other purposes. The first reading of the bill
shall be dispensed with. Points of order against
consideration of the bill for failure to comply with section
302 or 308 of the Congressional Budget Act of 1974 are
waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule and shall
be considered as read. Points of order against provisions in
the bill for failure to comply with clause 2 or 6 of rule XXI
are waived. No amendment shall be in order except those
printed in the report of the Committee on Rules accompanying
this resolution. Each amendment may be considered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against amendments printed in the report
are waived. The Chairman of the Committee of the Whole may:
(1) postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment; and (2) reduce to five minutes the minimum time
for electronic voting on any postponed question that follows
another electronic vote without intervening business:
Provided, That the minimum time for electronic voting on the
first in any series of questions shall be fifteen minutes. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
The SPEAKER pro tempore [Mrs. Morella]. The gentlewoman from Ohio
[Ms. Pryce] is recognized for 1 hour.
Ms. PRYCE of Ohio. Madam Speaker, for purposes of debate only, I
yield the customary 30 minutes to my good friend, the gentleman from
Texas [Mr. Frost], pending which I yield myself such time as I may
consume. During consideration of this resolution, all time yielded is
for purposes of debate only.
General Leave
Ms. PRYCE of Ohio. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on this resolution, and that I may be permitted to insert
extraneous material into the Record following my remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Ohio?
There was no objection.
Ms. PRYCE of Ohio. Madam Speaker, House Resolution 197 makes in order
the bill H.R. 2209, the fiscal year 1998 legislative branch
appropriations bill, under a modified closed rule.
At the outset I would like to commend the chairman, the gentleman
from New York, Mr. Walsh, and the ranking member, the gentleman from
New York, Mr. Jose Serrano, and the rest of my colleagues on the
Subcommittee on Legislative of the Committee on Appropriations for
their hard work in bringing what has historically been a difficult bill
to the floor.
During this year's bill, we will not be free of controversy, I am
afraid. I am sure we will hear from our friends in the minority about
their concerns. Unfortunately, the bill has been hampered by issues
that are outside the control of the Committee on Rules. But given that
there may be some folks who would go so far as to recommend zero
funding for the legislative branch and send us all home to get jobs in
the real world, I believe this is a very responsible rule for a
responsible bill.
As the Reading Clerk has described for us, the rule waives a limited
number of points of order against the consideration of the bill to
permit timely consideration and to address some technical requirements
with regard to the Congressional Budget Act, and transfers of funds
within the bill.
The rule makes in order four amendments printed in the Committee on
Rules' report to accompany this resolution, to be offered only in the
order printed in the report, by the Member specified, and debatable for
the time specified in the report. The amendments are to be considered
as read and are not subject to amendment or to a demand for a division
of the question in either the House or in the Committee of the Whole.
In addition, all points of order against the amendments are waived.
Furthermore, the rule provides that the Chairman of the Committee of
the Whole may postpone recorded votes on any amendment and that the
Chairman may reduce voting time on a postponed question to 5 minutes,
provided that the vote immediately follows another recorded vote, and
that the voting time
[[Page H5784]]
on the first in a series of votes is not less than 15 minutes.
Finally, the rule provides for one motion to recommit, with or
without instructions, as is the right of the minority.
Madam Speaker, while the annual funding bill for the operations of
the House, the Senate, and various congressional agencies is often a
lightning rod for partisan conflict, we should not forget that the
legislative branch appropriations bill has also been a prime vehicle
for reforming this institution from within to make it more open, more
effective, and more accountable to the people we serve. By adopting
this fair rule, we continue those important reforms while further
streamlining and updating the operations of this unique and historic
institution.
As most of my colleagues know, this Congress has consistently
emphasized the need to have a balanced Federal budget, and I am pleased
to note that under this year's legislation funding for congressional
operations will be $10 million less than last year's enacted level.
Now, that may not be a great amount of money, but it is important for
our constituents back home to know that we are taking the task of
cutting government very seriously here. We are looking at our own
backyard. We are doing our part to contribute to the larger deficit
reduction effort, and we have saved nearly $400 million since fiscal
year 1996, the first year of the Republican majority.
This year, for example, H.R. 2209 cuts a total of 316 positions
throughout the legislative branch, and since 1994 nearly 4,000
positions have been cut. The bill saves $1.6 million in House
Information Resources by cutting funding for 20 unused positions,
reducing costs for equipment replacement and generating greater savings
from increased competition for telecommunications services.
It also funds the Joint Committee on Taxation at a level lower than
was originally requested. I am also pleased to note that this year's
bill includes funding for a modest cost-of-living increase for
congressional staff. I commend the subcommittee for including this
COLA, because in so many ways we are indebted to the hard work,
dedication, and commitment of our staffs, who are dedicated public
servants.
Finally, let me say a word or two about the amending process of this
bill. The rule makes in order four amendments, two by Republican
sponsors and two by Democrat sponsors. In addition to considering those
amendments, any Member who is still opposed to the bill can offer a
final amendment through the customary motion to recommit with
instructions.
Madam Speaker, this resolution is the traditional structured rule
that we have used in the past to debate funding for the legislative
branch. We should keep in mind that the bill which this rule makes in
order is about more than just appropriations. It is also about
protecting the integrity of this institution, ensuring that we have the
proper resources to legislate responsibly and efficiently, and to
preserve the Capitol and its grounds for Americans and visitors to see
and to enjoy.
Summer is the time when the Capitol Building plays host to thousands
of vacation visitors who have come to see firsthand this hallowed
shrine of history, democracy, and freedom. Throughout the year, these
Halls of democracy echo with the sounds of adults, children, and youth
alike who want nothing more than a front row seat to watch the
democratic process in action. It is for their sake and for future
generations of Americans who will want to experience their democratic
heritage that we are considering this very important funding
legislation today.
While a completely open rule may seem appealing, the operations of
the Congress and the organizations that support our work are extremely
vital, Madam Speaker. We should consider floor amendments in a very,
very careful, measured way, something which is less likely to happen
under an open rule. In other words, I believe it is beneficial to
ourselves and to the people who sent us here to consider this bill in a
disciplined manner.
Madam Speaker, this is a responsible rule for a very responsible and
reasonable legislative branch spending bill that maintains our
commitment to fiscal responsibility and to doing more with less.
Madam Speaker, I urge a ``yes'' vote, and I reserve the balance of my
time.
Mr. HALL of Ohio. Madam Speaker, I yield myself such time as I may
consume.
(Mr. HALL of Ohio asked and was given permission to revise and extend
his remarks.)
Mr. HALL of Ohio. Madam Speaker, this resolution is a modified closed
rule. It allows for the consideration of H.R. 2209, the legislative
branch appropriations bill for fiscal 1998. This bill funds the
activities of Congress and other agencies in the legislative branch.
I will oppose the rule, Madam Speaker, and ask to defeat the previous
question because it fails to make in order an amendment offered by the
gentleman from Connecticut [Mr. Gejdenson] to prohibit the use of $7.9
million previously set aside in a contingency fund for use by House
committees.
{time} 0930
I am reluctant to oppose this rule because the bill which funds the
Congress is critical for operating our national Government.
Furthermore, I am reluctant on the grounds that just a single amendment
has been denied. However, that single amendment is so important to the
integrity of this institution that my side has no choice but to force a
debate on the issue.
Madam Speaker, I believe that a woeful and gross violation of the
House rules may have occurred in connection with the approval of $1.4
million out of the committee reserve fund for an investigation into
labor laws and union activity. Even if such a violation did not occur,
there has been an unmistakable breach in the commitments made on this
House floor and a demonstration of contempt for the American taxpayers
who will foot the bill for this unnecessary investigation.
On January 7, 1997, the House adopted an amendment to rule XI
authorizing the creation of a reserve fund expressly for the use of
unanticipated expenses of committees. There is no ambiguity in this
language. The rules explicitly state that the expenses must be
unanticipated.
On February 13, 1997, the Committee on Education and the Workforce
adopted an oversight plan which included a project called the American
Worker and the Department of Labor.
Four months later, the chairman of the Committee on Education and the
Workforce submitted a similar proposal to the Committee on House
Oversight and requested $1.4 million from the contingency funds. This
time the proposal was called a continuation of the Education at a
Crossroads project.
Let me quote from the original proposal, the American Worker and the
Department of Labor, written February 13, and this is available on the
Internet for all Americans to read: ``The committee intends to initiate
a systematic and comprehensive review of the Department of Labor, its
programs and activities.''
Let me read from the alleged unanticipated, emergency proposal,
Education at a Crossroads project, 4 months later: ``This will include
a review of the Department of Labor and its programs, activities, and
spending habits.''
Now, quoting from the first proposal: ``Among other things, the
Committee hopes to review the DOL's activities in response to the
Government Performance and Review Act.''
Quoting from the so-called unanticipated, emergency proposal 4 months
later: ``The project, in particular, will examine agency submissions
under the newly implemented Government Performance and Review Act.''
If this is not a violation of the House rule, it certainly violates
the spirit of the rule and the repeated assurances House Members were
given when the contingency fund was established.
A statement by the chairman of the Committee on Rules from the
Congressional Record when the rule was adopted on January 7 stated that
the reserve fund is expected to be for use only in extraordinary
emergency or high priority circumstances.
That statement was read back to the House by the vice chairman of the
Committee on Rules on March 20 when the House took up a measure to put
$7.9 million into that fund: ``extraordinary, emergency, or high
priority circumstances.''
[[Page H5785]]
Again, on March 21, he reassured the House that the reserve fund
would be fully accounted for and open to public scrutiny to cover
unexpected funding emergencies.
The decision to spend $1.4 million of taxpayer money from the
contingency fund was made by the House Committee on House Oversight. It
was made at a stealth meeting on the evening of July 8 for which notice
was given only the day before. The committee denied a request to
postpone the meeting so that the ranking minority member who at the
time was on official business with the President could attend. Of
course details of the emergency funding request, such as they were,
were provided barely 24 hours before the start of the meeting. The
promised opportunity for public scrutiny never happened.
Now it is time to shed some sunshine on this decision.
Just what is the American taxpayer getting for this $1.4 million?
Details are sketchy but one member on the Republican leadership team
told the newspaper Roll Call the study will look at the ways labor
leaders are not representing workers and this will include using dues
for political purposes.
I challenge any Member to come to this House floor and tell his
colleagues that this funding request complies with the House rules
because the project was unanticipated.
I challenge any Member to say with a straight face that the need to
investigate the Labor Department is extraordinary or emergency. I
challenge any Member to tell the American people that this $1.4 million
boondoggle that they are paying for is a high priority circumstance.
If the previous question is defeated, I will offer an amendment to
the rulemaking and order the Gejdenson amendment to put an end to the
contingency fund and the wasteful spending it represents. A vote to
defeat the previous question is a vote against spending millions of
dollars on yet more endless investigations that no one really cares
about. Cutting unnecessary spending is what our constituents elect us
to do, so this is what we should do now. I would say oppose the rule,
defeat the previous question.
Madam Speaker, I reserve the balance of my time.
Ms. PRYCE of Ohio. Madam Speaker, I yield such time as he may consume
the distinguished gentleman from New York [Mr. Walsh], the subcommittee
chairman.
Mr. WALSH. Madam Speaker, I would like to thank the gentlewoman from
Ohio for yielding me time.
I would like to thank very much the Committee on Rules for the good
solid rule that they provided us for consideration of this bill. Let me
begin by stating that the Subcommittee on Legislative worked in a very
bipartisan manner to produce this bill. My colleague, the gentleman
from New York [Mr. Serrano], was extremely thoughtful and helpful
throughout the process, as was his staff.
The rule that was provided by the Committee on Rules is a modified
closed rule. This is the traditional approach to the legislative
branch, the reason being this is the budget that we use to govern and
to fulfill our responsibilities as legislators. This is always an
opportunity for mischief. I am sure that we will hear from a number of
Members from the other side who are disappointed that certain
amendments were not granted, but those amendments, Madam Speaker, had
absolutely nothing to do with this bill. This bill funds the
legislative branch. It also funds the other aspects of the legislative
branch other than the House, which would include the Library of
Congress, the Architect, Government Printing Office, General Accounting
Office, Capitol Police, Botanic Garden, et cetera. It is important that
we stick to those issues as laid out by the subcommittee.
We had a good solid bipartisan approach all the way along on this
bill. And unfortunately, as we came through subcommittee to full
committee, outside issues, as they have on other appropriations bills,
have entered in and sort of poisoned the well somewhat.
I do think we have a good bill here. I think it is something that we
can support on both sides of the aisle. But we will hear some weeping
and gnashing of teeth about the amendments that were not allowed, and I
would submit to my colleagues that they do not belong on this bill. I
think the Committee on Rules exercised good judgment in providing us
with a rule that allows for two amendments from Democrats, two
amendments from Republicans.
I think every Member of the House should take a moment and look
around at our complex, at this campus where we work and remind
themselves of how fortunate we are to be working here. The bill that we
will be debating later provides the needed funds to maintain this vast
campus and the wonderful people who work here on a daily basis. It is
not just our personal or committee staffs who make up the House. There
are Capitol Hill Police, maintenance personnel, cafeteria workers,
clerks, and a variety of services, elevator operators, countless
people, the sea of faces that we see every day who make this place
work. We have a responsibility to them also, not just to each other as
legislators but to the people who work here and make this place work.
We are very, very fortunate to have the degree of professionalism that
we have.
We are also responsible for other offices I mentioned, General
Accounting Office, Congressional Budget Office, Library of Congress,
the greatest repository of information on Earth, Madam Speaker. We have
a huge responsibility to make sure that not only we take care of the
physical structure but also the wonderful, intelligent, thoughtful
people who work in these institutions.
This bill continues a trend that was begun under the leadership of my
predecessor, the gentleman from California [Mr. Packard] to downsize,
to right size the legislative branch. The Federal Government has grown
like Topsy over the past 20 or 25 years. The legislative branch since
the gentleman from California [Mr. Packard] became chairman 2 years ago
has exercised tremendous restraint.
We are leading the Federal Government in the effort to downsize
Government. In fact, we have reduced staff on the legislative branch by
almost 14 percent. No other branch of the Federal Government has done
nearly as well, as the gentlewoman from Ohio [Ms. Pryce] mentioned.
If this budget is adopted over these 3 years, we will have reduced
Federal spending just in the legislative branch by almost $400 million.
If every branch, if every bureau of the Federal Government did what the
legislative branch has done, we would have a Federal Government surplus
in the year 1998. We would not have to wait for a 5-year budget deal.
We would not have a balanced budget. We would have a budget surplus of
$183 billion, if we did what the legislative branch has done.
Madam Speaker, I am very proud of this bill. I am very proud of the
way that we arrived at this bill. Unfortunately, there will be some
carping today about the rule and about the bill, but overall I think in
their heart of hearts everybody can agree that we did our best. This is
the best bill we could bring forward. There is something here that we
can all support.
Mr. HALL of Ohio. Madam Speaker, I yield 3 minutes to the gentleman
from Wisconsin [Mr. Obey].
Mr. OBEY. Madam Speaker, I cannot believe we are here again with this
kind of a rule. We have just gone through a very frustrating and
acrimonious period because the Committee on Rules chose to turn
previously bipartisan bills reported out of the Committee on
Appropriations into partisan war zones by the nature of amendments
which they did and did not allow on appropriation bills.
It took us a long time to work out the arrangement last night on the
foreign operations bill which ended that controversy, I had hoped.
Now apparently we are right back at it. It is important for the
majority to understand that we have our responsibilities to manage
these bills just as they have their responsibilities. And it is
disruptive of the legislative process when on a routine basis the
request of our party's bill managers on these bills is ignored and
frustrated. We asked--and we gave them their choice--we asked that they
make any one of three amendments in order which would allow us to
eliminate or reduce the expenditure of public money under the Speaker's
slush fund. And we were denied the opportunity to reach that problem
with any of the amendments that we had before us.
[[Page H5786]]
I think that is a very basic mistake. The fundamental job of this
House--we can argue about taxes, we can argue about all other
authorizations--the fundamental job of this House, after all, is to get
the basic work of the Government done through the appropriations
process. Rules like this get in the way of that obligation. They extend
the acrimony rather than shorten it. They extend the debate rather than
shorten it. They make it more difficult for the House to complete its
work in a timely fashion.
Most of all, with this rule the House has a clever way to sneak
around the staff cuts which were provided in committees 2 years ago
under the Republican contract and now under this, committees are able
to get large amounts of additional funding for large amounts of
additional staff without ever having taken a vote on that on the House
floor. That is just plain wrong. They ought not to do this. They ought
to listen to what witnesses before their committee said last night. I
would hope that this episode will not be repeated on future
appropriation bills or, again, the House will not be providing the
leadership to this country that it ought to provide.
{time} 0945
Ms. PRYCE of Ohio. Madam Speaker, I yield such time as he may consume
to the gentleman from New York [Mr. Solomon], the chairman of the
Committee on Rules.
Mr. SOLOMON. Madam Speaker, the last speaker is the ranking member of
the Committee on Appropriations. It is a very important position in
this body, and I personally have a great deal of respect for him.
But the gentleman used to be the chairman of the Committee on
Appropriations, and when I hear statements like those just mentioned in
the well a few minutes ago, it really disturbs me because we always
have to be consistent.
I made a pledge when I became chairman of the Committee on Rules 3
years ago that we would be fair and open as much as possible, and at
all times at least as fair and more fair than the Democrats treated us
when we were in the minority.
And the gentleman comes to the well and he says that the majority,
when he was chairman, never shut out the ranking members when they
wanted to offer an amendment because, as the ranking member of the
committee, they ought to have that opportunity. And I believe the
gentleman is right. But the truth is, we have an example right now, we
have the gentleman from New York [Mr. Walsh], who now is chairman of
the Appropriations Subcommittee on Legislative, but he used to be the
chairman of the Subcommittee on the District of Columbia, of which
Madam Speaker has a lot of interest in.
And just in the last Congress, in other words the Congress that the
Democrats controlled, on the bill that the gentleman from New York [Mr.
Walsh] brought to the floor as the ranking member at that time, he
requested at that time three amendments to be made in order. And the
gentleman from Wisconsin [Mr. Obey], who was chairman of the committee,
recommended to the Committee on Rules they make none of those
amendments in order. Yet he was the ranking member at the time and they
shut him out.
I just saw the gentleman from Kentucky [Mr. Rogers] walk through, who
is chairman of the Subcommittee on Commerce, Justice, State, and
Judiciary, and he had requested in that 103d Congress that he have
amendments made in order, too, as the ranking member, and they just
arbitrarily shut him out.
So let us be consistent around here. We are at all times trying to be
fair. This rule that is on the floor now, because it does deal with our
funding for the legislature, should be fair. And of the 8 or 9 or 10
amendments that were offered, we tried to consider all of the Democrat
amendments that we could, and we ended up making in order 2 Democrat
amendments and 2 Republican amendments. Yet we are in the majority.
Now, how much more fair can we be than that?
And when we talk about closing down the rules, we have come under
great criticism for putting out so many open rules. And we have heard
Members on that side of the aisle and Members on our side of the aisle
complain about all these open rules. They cannot get their planes, they
cannot go home on Friday afternoon to be with their constituents and
their families.
In the 103d Congress, the last time that the Democrats controlled
this House, they had open rules about 40 percent of the time. Yet when
we took over in the 104th Congress, we opened those rules up to 60
percent of the time. So when we talk about this, let us try to get some
comity in the House.
We solved a big problem last night, tried to bring a compromise so
that we could move the legislation which is so vital to the American
people, and so let us not come down here and be critical of something
that does not exist. We are here to try to move this legislation. We
are under great deadlines because we do not want to get into a
situation where we close down the Government because this Congress
could not get together.
So let us move these appropriation bills. They have to be dealt with
by September 30. We are going to be off for 3\1/2\ weeks in August for
constituent work periods back home. There are very few legislative days
left until September 30. It is imperative we move the legislation. So
let us work together and let us move the legislation and have a free
and fair and open debate on it.
Mr. HALL of Ohio. Madam Speaker, I yield 1 minute to the gentleman
from Wisconsin [Mr. Obey].
Mr. OBEY. Madam Speaker, I want to correct the comments of the
previous speaker.
If he will go back and review the history of the D.C. bill, what
happened on that bill, and on several other occasions, is that the
gentleman in question asked that the Committee on Rules make in order
amendments which would otherwise not have been allowed under the rules.
It would have been nongermane under House rules, and we asked under
those circumstances to deny them.
I never said that there were not occasions when the wishes of the
ranking minority member were not granted. Go back and read what I said.
I never described that in any way. What I urged my colleagues to do was
not on a routine basis turn down the request of ranking members.
I do not expect the committee to grant all of them, but I do expect
them to grant a reasonable number. And the fact is that this year the
Committee on Rules has routinely turned down the requests of the
ranking minority members, and the record demonstrates that.
Ms. PRYCE of Ohio. Madam Speaker, I yield such time as he may consume
to the gentleman from New York [Mr. Solomon], chairman of the Committee
on Rules.
Mr. SOLOMON. Madam Speaker, the gentleman has just made my point. He
has mentioned that the gentleman from New York [Mr. Walsh], the
chairman, at the time the ranking member, wanted to offer amendments
that would not otherwise have been in order unless he received a
waiver.
And that is really what this whole argument started from at the
beginning from our very good friend, the gentleman from Illinois [Mr.
Yates], who I greatly admire and respect, he has been around here for
so many years, on the NEA issue. Whether we are for or against it, the
gentleman from Illinois wanted to offer an amendment that would
otherwise not be allowed without waivers because the program had not
been authorized, the same thing as was the situation with the gentleman
from New York [Mr. Walsh].
So let us, again, put this aside, let us get down and really debate
the issues. That is what is important. That is what all the American
people watching us today want us to do.
Mr. HALL of Ohio. Madam Speaker, I yield 3 minutes to the gentleman
from Michigan [Mr. Bonior].
Mr. BONIOR. Madam Speaker, the Gingrich Republicans have done it
again. They have launched another sneak attack in their campaign to
undermine the rights of working families, and this time they are using
taxpayer dollars to do it.
I am talking about the Speaker's allocation of $1.4 million to
investigate, intimidate, and to harass people and organizations that
are standing up for fair wages, worker safety, decent pensions, and the
freedom of speech. This partisan slush fund, which was rushed
[[Page H5787]]
through the committee without any notice, without any substantive
debate, is part of a broad Republican effort to silence the voices of
anybody who disagrees with them on working issues. It is an effort to
stifle the opposition, to muffle the ideas they do not like, to stuff a
rag down liberty's throat.
And why would Republicans try to silence the voice of America's
working families? Because they do not like what they are saying. They
do not like what they are saying and they do not like the fact that
these families, through their membership in unions, are able to speak
with force and passion and clarity about their vision for a better
America.
Madam Speaker, our parents and our grandparents fought, went to jail,
were beaten, sometimes even died for basic rights that millions of
working Americans now enjoy and, unfortunately, take for granted: The
40-hour workweek, the 8-hour day, maternity leave, paid sick leave, the
weekend, secured pensions, safety laws in this country. They did not
just happen. They happened because someone stood up and struggled and
fought for them.
Now, the Speaker and his Republican colleagues are trying to take
those basic rights away from us and they are trying to give big
corporations unprecedented powers over our lives. All we have to do is
look at the tax bill. The corporate minimum tax. They want to basically
forgive corporations from paying Federal taxes. They have a $22 billion
giveaway in their proposal to the large corporations, to go back to the
1980's when companies like AT&T and Boeing paid no Federal income tax
and the rest of us picked it up. Their tax bill? Five percent of
Americans, the richest 5 percent, get 60 percent of the benefits.
And, of course, they have made an all-out assault on the minimum wage
in their bill through independent contracting, which would allow people
to be paid below the minimum wage, would allow health benefits and
pension benefits to be taken away.
So what they are doing with this slush fund, to silence workers and
their unions as a voice to stand up for worker rights, is a pattern of
attack on working families' basic rights. It fits this pattern they
have been about. It is intending to intimidate and undermine labor's
voice in the political process.
Vote ``no'' on the previous question, vote ``no'' on the rule, and
let us make in order the Gejdenson amendment so we can get some justice
in this institution. This is the wrong way to treat working people.
Mr. HALL of Ohio. Madam Speaker, I yield 2\1/2\ minutes to the
gentleman from California [Mr. Fazio].
Mr. FAZIO of California. Madam Speaker, I have never voted against a
rule on legislative branch before in all the years I have been a
Member, and I have only voted against the conference report on one
legislative branch bill because of the removal of the Office of
Technology Assessment in that conference after this floor sustained it.
But I rise today in opposition to this rule and of this bill, and I
do so ruefully because I have great respect for the gentlemen from New
York, [Mr. Walsh] and [Mr. Serrano]. I think they are going to make the
institution proud. I think they will do an excellent job of taking one
of the more important roles that we have, and that is to protect this
institution and, by doing so, the rights of all Americans.
But what we are talking about today is a gag rule that does not
permit this House to discuss the problems that are eating us alive, and
I mean problems that are attendant to investigations, as the gentleman
from Michigan [Mr. Bonior] said, of labor, that are not voted by
Members here on the floor but done in a back-room deal using a cookie
jar fund that was put aside for the fun and pleasure of the Republican
leadership.
More important, we are engaged in an investigation, supposedly of
campaign finance violations, by another committee which is being run in
the most partisan manner anyone has ever recognized in Washington. The
similar investigation on the other side puts us to shame because of the
bipartisan manner in which it is being conducted.
But we are also in the midst of another investigation that I think we
all have to focus on, and that is a concerted effort to prolong the
agony of one of our Members. The gentlewoman from California, Ms.
Loretta Sanchez, won, and has been certified as the winner by the
California Secretary of State, a close race in what had been totally
Republican Orange County. Today, we continue to prolong her agony by
preventing her from being made a permanent Member of this institution.
I think we have to be very sensitive to what has been going on in
this investigation. If her name were Smith and not Sanchez, we would
not be investigating the Browns and the Joneses and the Littles, we
would be investigating people who may have, perhaps, made some
inappropriate decision about voting. But we would not be doing it by
investigating the Rodriguezes and the Ortizes, because they happen to
be Hispanic.
In my view, this investigation is out of bounds and over the line and
ought to be ended. And we have no chance here today to express our
frustration during the course of this debate. We should have and,
therefore, we should defeat this rule.
Mr. HALL of Ohio. Madam Speaker, I yield 2 minutes to the gentleman
from Maryland [Mr. Hoyer].
Mr. HOYER. Madam Speaker, I thank the gentleman for yielding me this
time.
I am pleased to follow my colleague from California. I do not know
that there are any two more stronger supporters of the institution than
the gentleman from California [Mr. Fazio] and I. There are strong
supporters on that side of the aisle as well, in particular the
chairman of this committee. I believe and agree with the gentleman from
California that he is going to be a strong supporter, and that he and
the gentleman from New York [Mr. Serrano] are going to make a team that
will stand up for honest debate and honest policies with respect to the
administration of the House of Representatives, the people's House.
{time} 1000
But I wanted to follow the gentleman from California [Mr. Fazio] and
I wanted to follow him with respect to this investigation that is going
on with respect to one of our Members, an investigation that has now
been going on for 8 months that is unprecedented.
First of all, it is the first time in history, the first time in
history, under the Federal Contested Election Act, where a Member has
ever been allowed to have subpoena power to subpoena organizations like
Catholic Charities and ask for all their financial records. It is the
first time in history that we have not disposed of a Federal Contested
Election Act case either because it was withdrawn or because in a
preliminary fashion we decided there was not sufficient evidence to
move forward.
The gentlewoman from California [Ms. Sanchez]. It is the first time
in history in any district in America that INS has been asked to
compare the names of the voters with their lists. My colleagues, think
of the message that we are sending. Think of the message that we are
sending to those Americans; Americans, I stress, of Hispanic
background.
I am a Danish-American. Never in history has anybody asked that we
check on Danish-Americans through the INS. That is why I am against
this rule, because they did not allow debate on this critical issue and
recompense of $150,000 to the INS, as they should do.
Ms. PRYCE of Ohio. Mr. Speaker, I yield such time as he may consume
to the gentleman from New York [Mr. Walsh], chairman of the
subcommittee.
Mr. WALSH. Mr. Speaker, I thank the gentlewoman for yielding. This
debate really is disintegrating, and it is really unfortunate. To wave
the bloody shirt of ethnicity on a debate on the rule really demeans
all of us. It really does.
I am chairman of the subcommittee. The gentleman from New York [Mr.
Serrano], the ranking member, is Hispanic. I do not think there is a
Member in this body who I respect more than that gentleman. The points
that were made I do not think reflect well on this body. They certainly
do not reflect well on this rule.
To get back to the specifics of the request, $150,000 out of the
legislative branch to give the Immigration Naturalization Service. They
did not ask for
[[Page H5788]]
this money. It takes money out of the operations of the legislative
branch, which, as we all know, we have reduced 3 years in a row.
This amendment does not have anything to do with the legislative
branch. It is an opportunity for the minority to vent. They are
frustrated. We were frustrated when we were in the minority, too. It
goes with the turf. But we have tried to be fair. This rule allows for
amendments for Democrats and Republicans, but they have got to be
germane to the bill. They should be fair. I think we have been fair.
Fairness, obviously, is in the eyes of the beholder. But we really have
done our best to give everybody their opportunity on this bill. And
this idea of ethnicity really has absolutely nothing to do with this
bill.
I am Irish-American. The gentleman from Maryland [Mr. Hoyer] is
Danish-American. There is room in this bill, in this Nation, for all of
us.
Mr. HALL of Ohio. Mr. Speaker, I yield 1 minute to the gentlewoman
from Connecticut [Mrs. Kennelly].
Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise to express my deep
concern about the subject being discussed and how some of the moneys in
this bill could be appropriated.
Since the polls closed in November, one of our colleagues, the
gentlewoman from California [Ms. Sanchez], has been subjected to
unprecedented harassment. Her defeated opponent has been given subpoena
power. He has used this power to harass not only the gentlewoman from
California [Ms. Sanchez] and her family, but Catholic nuns, college
students, and many others.
We are now 9 months into this ludicrous tantrum by this poor,
disappointed man who lost. We have expended hundreds of thousands of
dollars in this assault, and it is time for it to stop. I say to my
colleagues in the majority, accept the word of the voters, cease this
constant undermining of this Member, the gentlewoman from California
[Ms. Sanchez]. Let her do what she came to Washington to do, to vote
all her considerable intelligence, energy, judgment to the constituents
who have sent her here.
I urge my colleagues, in the name of the gentlewoman from California
[Ms. Sanchez], to oppose this rule.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 2 minutes to the gentleman
from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Speaker, I thank the gentlewoman for yielding. I will
be relatively brief. Actually, I am one who presented three amendments,
which were turned down. But I rise in support of the rule.
My concern is, as it has been for some time, and this raises
bipartisan hackles, I might add, is the use of the franking privilege.
I believe that sometimes it is used in a political context, which
concerns me a great deal. And I presented three amendments to address
this.
But I must say that this Congress and this Committee on Rules, and
particularly the gentleman from California [Mr. Thomas], have really
started to address these issues. And for this I have tremendous praise
for them.
For example, we have gone from a high in 1988 of $113.4 million for
frank mail to free mail, which is sometimes used for political reasons,
to a low of $30 million in fiscal year 1995. I am convinced, after
discussing this with the gentleman from California [Mr. Thomas],
chairman of the House Committee on Government Reform and Oversight,
that we are going to try to address even additional areas with respect
to this to make sure that our mail is used for the purposes of
responding to our constituents and not for mass mail used in a
political sense.
For that reason, I am here to report that even though my particular
amendments, which I do not think we need to discuss now, are not being
considered on the floor, the direction is good, the effort is good, the
focus is there, Congress is going in the right direction. I just hope
we can continue to do this.
Mr. Speaker, I am here today because I'd like you to make in order
three amendments to the legislative branch appropriations bill. These
amendments build upon the progress Congress has made in recent years to
reduce the cost to taxpayers of the congressional franking privilege.
During the last decade, Congress spent from a high of $113.4 million
in fiscal year 1988 to a low of $30 million in fiscal year 1995 on
franked mail. This is an impressive reduction. Nevertheless, I believe
improvements can still be made, notwithstanding the legitimate need
Members have to respond to the inquiries and concerns of their
constituents.
My first amendment will ban mass mailings during election years up to
the general election. Use of the frank increases cyclically during
every election year. During the 103d Congress, the House spent $24
million in 1993, and $42 million in 1994. During the 104th Congress,
the House spent $24.5 million in 1995 and $27 million in 1996.
Currently, Members cannot send franked mass mail 90 days before a
primary or general election. Since primaries occur on different dates
in different States, Members are held to different mass mail standards
depending on the dates of their primaries. My amendment will simplify
the issue by banning all mass mailings prior to election day in
election years. It will prevent House Members facing tough reelection
campaigns from tapping into their official office accounts to flood
constituents with self-promoting newsletters and mailings.
My second amendment addresses a relatively new issue, raised by
changes in House rules which permit Members to use their Members
Representational Allowance [MRA] to pay for radio advertisements. The
cost of these advertisements are not counted against a Members's
Official Mail Allowance, even though these radio advertisements are
generally substituted for town meeting notices sent by mail. This
oversight frees up additional funds for a Member to spend on
unsolicited mass mailings. I believe that these advertisements should
be counted against a Member's Official Mail Allowance to avoid this
substitution affect and my second amendment does this.
My third amendment reduces the MRA by $5,674,000, the amount that the
Appropriations Committee recommends as an increase in the Official Mail
Allowance. This 27 percent increase over fiscal year 1997 funding is
completely unjustifiable. Given the excellent work the Appropriations
Committee has done in recent years to reduce taxpayer funding of
franked mail, I believe this is the wrong approach to take.
I know that it is impossible to serve constituents well while
spending relatively little on franked mail, because I represent the
third largest congressional district in the country, and yet I am
consistently among the lowest franked mail spenders. We are diligent,
however, at responding to letters and phone calls from constituents,
and we have a very organized, computerized system of tracking the mail
we receive and send out. The way I accomplish this is by refusing to
send my constituents unsolicited newsletters, questionnaires, or
postcards using the franked mail privilege.
Last year, the Rules Committee made in order two franking disclosure
amendments I offered, which were adopted on the floor and have been
made permanent. Those were good reforms, and I appreciate your making
the amendments in order. I believe that these amendments also make
important reforms, and hope you will give them every consideration.
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. CASTLE. I yield to the gentleman from California.
Mr. THOMAS. Mr. Speaker, I want to thank the gentleman from Delaware
[Mr. Castle] for his continued vigilance. Amendments made in the last
Congress have moved us much along the path of making sure that the
former tactic of having a sawed-tooth pattern of mail, oddly enough,
the greatest expense during election years, has been smoothed out
significantly. No longer is the old partisan pattern being followed. It
is largely due to the continued vigilance of the gentleman from
Delaware [Mr. Castle].
Mr. HALL of Ohio. Mr. Speaker, how much time does my side remaining?
The SPEAKER pro tempore (Mr. Pease). The gentleman from Ohio [Mr.
Hall] has 11 minutes. The gentlewoman from Ohio [Ms. Pryce] has 10
minutes.
Mr. HALL of Ohio. Mr. Speaker, I yield 1 minute to the gentleman from
Missouri [Mr. Clay].
Mr. CLAY. Mr. Speaker, I thank the gentleman from Ohio for yielding
me the time.
Mr. Speaker, 3 weeks ago, Republicans met behind closed doors and
hatched a devious partisan political campaign with $1.4 million in
public funds to harass and intimidate workers, union leaders, and the
Department of Labor. Now under this rule, which prohibits amendments,
Republicans want to deny Members of this House a vote to eliminate
their $7.9 million slush fund from which this $1.4 million
[[Page H5789]]
boondoggle was withdrawn. The Republican slush fund was supposed to be
used, and I quote, for unanticipated expenses of committees.
Well, if there is one thing in this Congress that was not
unanticipated, it is the continued Republican assault on the rights of
working men and women. Time and time again, the leadership of this
House attacks the rights of workers and then abuses House procedures to
choke off dissent against their extremist agenda. By denying the vote
on the Gejdenson amendment, the Republican majority is striking another
blow against democracy.
Mr. Speaker, we should reject this rule.
Ms. PRYCE of Ohio. Mr. Speaker, I reserve the balance of my time. I
think we only have two speakers remaining.
Mr. HALL of Ohio. Mr. Speaker, I yield as much time as she may
consume to the gentlewoman from Michigan [Ms. Kilpatrick].
Ms. KILPATRICK. Mr. Speaker, I thank the gentleman from Ohio [Mr.
Hall] for allowing me the opportunity to speak.
As a member of the House Committee on Government Reform and Oversight
and a new Member of this Congress, as many Members and people of
America may remember, on January 7 this Congress adopted budgets for
the various committees of the Congress; and in that adoption, after
some dismay, there was set aside a $7.9 million reserve fund, more
commonly known as slush fund, that was supposed to be used for three
purposes: high priority, emergencies, and extraordinary circumstances.
On July 8, with less than 24-hour notice, as the rules require, the
House Committee on Government Reform and Oversight was called together
and a $1.4 million deduction from that slush fund was had for an
investigation of the Labor and Education Department. As a member of the
House Committee on Government Reform and Oversight, I felt then, as I
do now, that the rules had not been followed, that we did not have
proper notice, that we were again going to spend another $1 million of
the American people's money on another investigation.
Since 1996, over $10 million have been spent on investigations. Over
the last 18 months, over $30 million has been spent on investigations.
I rise to oppose the rule. I rise to defeat the previous question,
because I believe the American people want us to have the input and the
exchange. That is why they sent us here. I believe the American people
want us to debate the issues. And, therefore, because the Gejdenson
amendments were not adopted yesterday, it would allow that opportunity.
That is why we put it on the table, why this $1.4 was deducted, why the
slush fund initially was incorporated, and why today we have before us
another investigation.
The Labor Department is a fine department, and its employees do good
work. It is unfortunate that we are here today to oppose the rule. It
is unfortunate that we as elected representatives of the people cannot
debate the question. Why? America, speak out. Do not let this Congress
get away with again going after investigation and investigation. Let us
get back to the people's work.
Mr. Speaker, oppose the rule, oppose the previous question.
Ms. PRYCE of Ohio. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. HALL of Ohio. Mr. Speaker, I yield 1 minute to the gentlewoman
from Hawaii [Mrs. Mink].
Mrs. MINK of Hawaii. Mr. Speaker, I thank the gentleman from Ohio
[Mr. Hall] for yielding.
I rise today in opposition to this rule because I believe when this
House debates the legislative appropriations bill, each Member has a
right to question the expenditures of this House. I believe that the
prolonged investigation of the election of our colleague, the
gentlewoman from California [Ms. Sanchez] is an issue that confronts
the integrity of this House.
For the first time in the history of this Nation, voters, legitimate
voters, have been put on a list and run through the INS register simply
because they have ethnic last names, Hispanic, Asian. I think that is
an affront. And that practice has been more or less authorized by this
House if we do not inquire into it. It is a very, very specious way to
conduct an investigation. And I believe the House has a right to go
into it, inquire on the practice of this committee, and root out those
that are beginning this kind of racist inquiry.
Ms. PRYCE of Ohio. Mr. Speaker, I reserve the balance of my time.
Mr. HALL of Ohio. Mr. Speaker, I yield 1 minute to the gentlewoman
from Texas [Ms. Jackson-Lee].
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, let me offer my respect for
the respective chairman and ranking member of this committee. Many of
us hate to have to come before this body and oppose the rule and oppose
the bill. Primarily we think that it is a question of dignity and
respect. Already we understand that many of our Members on the side of
the minority have not been allowed to address the attack on one of our
Members, a Member who has been duly elected by her constituents, the
gentlewoman from California [Ms. Sanchez].
In an instance where it was one of the largest victories that the
Federal Election Contest Act has ever had to review, where a task force
looking into it has said Dornan, who lost, really has no credible
evidence that there has been any violations.
Independent scholars have already challenged Mr. Dornan on the
constitutionality of his subpoenas. And, yes, a Los Angeles newspaper,
the Los Angeles Times, said, ``Yet a close review of Dornan's
contentions shows them to be overstated and riddled with
uncertainties.''
What do we do in this House? Continue to comfort and pamper Mr.
Dornan, while a working Member, a Hispanic woman, is attacked by the
Republicans. I wish we would vote against this rule and vote against
this bill.
{time} 1015
Ms. PRYCE of Ohio. Mr. Speaker, I yield such time as he may consume
to the gentleman from California [Mr. Dreier].
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, I would like to get back onto the issue here
if I could. I rise in very strong support of this rule. The gentleman
from Maryland [Mr. Hoyer] was talking a few minutes ago about the
number of people here who have a great deal of pride and reverence for
this institution. I clearly consider myself to be among them. I am very
proud of the work that the gentleman from California [Mr. Thomas] has
done to try and deal with reform of an institution which spent most of
its time on legislative branch work simply trying to ensure the
reelection of its Members. I am very proud of the work of the gentleman
from New York [Mr. Walsh] and of so many others who have focused on
ensuring that this institution expands the deliberative nature and that
we are in fact accountable to the people who sent us here. I am very
saddened to see this debate deteriorate to, as the gentleman from New
York [Mr. Walsh] has said, a case of waving the bloody shirt of racism.
I happen to like the gentlewoman from California [Ms. Sanchez]. She
agrees with me on a number of issues like cutting the capital gains tax
rate. I think she is a very decent, hardworking person. And I am very
concerned about the prospect of seeing us in any way discriminate
against Hispanic-Americans. I come from Los Angeles, CA. I am very
sensitive to this issue. But the fact of the matter is there are many
Hispanic Americans in my State who have said to me, we have to ensure
that that very precious franchise, the right to vote, is not in any way
jeopardized.
And so, Mr. Speaker, I think that the work that is being done to
ensure that every single vote counts is correct work, and I believe
that this rule is a very fair and balanced rule. As the gentleman from
New York [Mr. Walsh] has said, it ensures that the consideration of
both Democrats and Republicans is brought into the mix here. Let us
support the previous question, let us support the rule, and let us
support what I am convinced will be a very, very good legislative
branch appropriations product that will emerge from this House.
Mr. HALL of Ohio. Mr. Speaker, I yield 1 minute to the gentlewoman
from New York [Ms. Velazquez].
[[Page H5790]]
Ms. VELAZQUEZ. Mr. Speaker, I rise in strong opposition to the rule.
The Republican leadership is trying to fund its own partisan attack on
their enemies while they are trying to deny Democrats the right to
bring amendments to the floor. The Republicans are using the Committee
on House Oversight to fund an unprecedented attack on the election of
the gentlewoman from California [Ms. Sanchez]. They have spent over
$300,000 of taxpayer money to attack a Hispanic woman and to intimidate
Hispanic voters.
This is a clear attack on the voting rights of minorities and an
utter abuse of power. The Republicans have even subpoenaed the INS to
try to dig up dirt on immigrants.
Mr. Speaker, the Republican leadership must not be allowed to trample
the rights of Latinos. They must not be allowed to use their power to
prevent Democrats from bringing important amendments to a vote. Vote
``no'' on the rule.
Mr. HALL of Ohio. Mr. Speaker, I yield 4 minutes to the gentleman
from Connecticut [Mr. Gejdenson].
Mr. GEJDENSON. Mr. Speaker, what has developed here over a number of
years is class warfare. It is exhibited in almost every action taken by
the Republican majority on the Sanchez matter. It did not start with
Sanchez. In 1980, we watched men wearing black armbands descend upon
polling places that have large minority populations trying to dissuade
them from voting.
Any of us who are immigrants, who come here without all the
guarantees of freedom and protection of law, know how easy it is to
intimidate the poor and the new Americans from participating, how they
can easily remember the fears of the countries they fled. The
Republican majority opposes motor-voter and particularly opposes poor
people having systems where the poor can get registered.
One of the members of the Committee on Appropriations in a discussion
last week said that the real motive behind the Sanchez contest was not
simply Sanchez, the reason for pursuing it was to get motor-voter. We
have a right and an obligation to review elections. But the extent, the
lack of due process that has occurred in this review is outrageous.
On the money side, $30 to $50 million of investigations have been
initiated by those who claim to be careful with dollars. The outrageous
slush fund and its use, to add over $1 million, $1.4 million to the
Committee on Education and the Workforce is as if we have an in-house
counsel, we had a lawyer that worked for our company and then when the
lawyer actually did something, he said, ``Wait, I've got to be paid
again, I'm a lawyer.''
The Committee on Education and the Workforce, all of what they have
asked for is in their original jurisdiction. But it is one more attempt
to get labor, to politicize the legislative process. We have a
responsibility here to do our work, to try to stay in budget, but to
make sure that what we do here really serves the best interests of the
American people.
We have had sufficient funds appropriated to that committee so that
we do not need to dip into this slush fund. This slush fund ought to be
abandoned. It is a political tool directed by the Speaker to get people
that are in his way.
When we take a look at what this committee has been doing, it has
left the minority without rights. But we are not going to argue
process. It has held meeting after meeting without notice. Let me tell
my colleagues when I was a committee chair, my ranking Republican Toby
Roth, we gave him everything as soon as we had it. We notified meetings
weeks in advance.
When we take a look at what has happened here, we walk in, we do not
see the language until we sit down to vote. But all that is secondary.
The issues that are here and outrageous are the continued harassment of
the gentlewoman from California [Ms. Sanchez] and the continued use of
funds for political purposes out of this slush fund.
The Speaker basically gets to decide who he is going to go after by
tapping into $7.9 million. The House does not get to look at those
funds. You snuck that through early, got a nice party line vote to make
sure you could have a slush fund to continue your political and
partisan wars.
We are here today to say that is enough. Let us join together and
reject this rule and go forward with a process that gives every Member
of this House the right to cleanse the funding of that slush fund.
Mr. HALL of Ohio. Mr. Speaker, I yield 30 seconds to the gentleman
from Georgia [Mr. Lewis].
Mr. LEWIS of Georgia. Mr. Speaker, millions of dollars for a partisan
investigation into campaign finance abuses, millions of dollars for an
investigation intended to intimidate organized labor, hundreds of
thousands of dollars to harass and intimidate a Hispanic woman Member
of Congress.
It is not right, it is not fair, it is a shame and a disgrace. Defeat
the previous question and defeat this rule.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 1 minute to the gentleman
from California [Mr. Rohrabacher].
Mr. ROHRABACHER. Mr. Speaker, I think the Republicans are trying to
do their very best job here. We heard a lot of screaming and yelling. I
do not know if my colleagues remember exactly what happened, but when
the Democrats were in charge, they were not exactly perfect. We had a
lot of complaints, too. I think some of the complaints that we had were
very legitimate. When I first came here, Jim Wright was the Speaker and
Jim Wright had to leave and there were some problems there. We had a
House bank scandal. We had a House post office scandal. We had all
kinds of things going on. Republicans were screaming and yelling about
it.
Today I have to tell my colleagues, after all these years, and with
all due respect to my colleagues, I think we are working better
together right now than we were back in those days. I will have to
admit I was frustrated in those days. I was very frustrated and I was
probably screaming. In fact most of my colleagues can remember me
screaming and yelling in those days. But I think that we are actually
working better now than we did when I first became a Member of the
House. There is always room for improvement and I hope we will.
Mr. HALL of Ohio. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I urge my colleagues to join me in defeating the
previous question to make in order the amendment by the gentleman from
Connecticut [Mr. Gejdenson] which was defeated in the Committee on
Rules yesterday. The amendment would cap funds for committee expenses
at the level identified for them in the committee funding resolution
for the 105th Congress.
This vote, the vote on whether to order the previous question on a
special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote against the
Republican majority agenda and a vote to allow the opposition, at least
for the moment, to offer an alternative plan.
It is a vote about what the House should be debating.
The vote on the previous question on a rule does have substantive
policy implications. It is one of the only available tools for those
who oppose the Republican majority's agenda to offer an alternative
plan.
Mr. Speaker, I include the following material for the Record:
The Vote on the Previous Question: What it Really Means
This vote on whether to order the previous question on a
special rule, is not merely a procedural vote. A vote against
ordering the previous question is a vote against the
Republican majority agenda and a vote to allow the
opposition, at least for the moment, to offer an alternative
plan. It is a vote about what the House should be debating.
Mr. Clarence Cannon's ``Precedents of the House of
Representatives,'' (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
[[Page H5791]]
Because the vote today may look bad for the Republican
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the Republican
Leadership ``Manual on the Legislative Process in the United
States House of Representatives,'' (6th edition, page 135).
Here's how the Republicans describe the previous question
vote in their own manual:
Although it is generally not possible to amend the rule
because the majority Member controlling the time will not
yield for the purpose of offering an amendment, the same
result may be achieved by voting down the previous question
on the rule . . . When the motion for the previous question
is defeated, control of the time passes to the Member who led
the opposition to ordering the previous question. That
Member, because he then controls the time, may offer an
amendment to the rule, or yield for the purpose of
amendment.''
Deschler's ``Procedure in the U.S. House of
Representatives,'' the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
The vote on the previous question on a rule does have
substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda to offer an alternative plan.
Ms. PRYCE of Ohio. Mr. Speaker, I yield the balance of my time to the
gentleman from Bakersfield, CA [Mr. Thomas], the chairman of the
Committee of House Oversight.
(Mr. THOMAS asked and was given permission to revise and extend his
remarks.)
Mr. THOMAS. Mr. Speaker, I thank the gentlewoman from Ohio very much
for yielding me this time. I want to start by complimenting the
gentleman from New York [Mr. Walsh]. As the new chairman of the
Appropriations Subcommittee on the Legislative Branch, he is, in this
proposal, building on the excellent record laid down by the gentleman
from California [Mr. Packard], which showed between the Democratically
controlled 103d Congress and the Republican-controlled 104th a dramatic
reduction in expenses. After the dramatic work of Mr. Packard, the
gentleman from New York, Mr. Walsh, follows him by additional
reductions.
Anyone who needs to know what the Democrats did when they ran this
place simply has to go out and look at the Botanical Gardens. It was
falling apart for years. They would not fix things. What we have done
is come in and in a businesslike way know that deferred maintenance is
going to eventually cost us. It cost us. There is no roof on the
Botanical Gardens. They were here for 40 years and the building
collapsed. Come back in 3 years and under Republican control, you will
see a rebuilt Botanical Gardens. We go to the foundation and build it
back up. I want to compliment the gentleman from New York for doing
that.
In terms of amendments, first of all, let me say that I am very, very
saddened by the comments of the gentleman from California [Mr. Fazio].
He has an amendment that has been made in order by the Committee on
Rules. The gentleman's amendment seeks to cut staff. I will have to
tell Members that in the years the gentleman from California was
chairman of the Subcommittee on the Legislative Branch, he never ever
offered an amendment to cut staff. In fact, he is known as a champion
of making sure that there are enough helping hands around here to do
the job. His amendment clearly is out of character. The reason, of
course, is because his status changed from majority to minority. But I
cannot understand, unless it is the demands of leadership and the
pressure put on him by the outrageous elements within his party for him
to come to this well and use the ethnic card, to try to argue that the
gentlewoman from California [Ms. Sanchez] and her election is being
investigated because her name is Sanchez.
I would ask my colleagues to reflect on the fact that the gentlewoman
from California [Ms. Sanchez] is a Member of the House of
Representatives. She had a certificate of election. When the Democrats
ran the place, if your name was McIntyre and you had a certificate of
election, you were not allowed to be seated.
{time} 1030
What the Democrats did was go in, set up a phony way of counting
votes and then did not even follow the way they said they were going to
count the votes to make sure that they stole that election.
What are we doing right now in the contested election? My colleagues
heard all the racist comments from the Democratic side of the aisle. I
will tell my colleagues what is going on. In Orange County today the
District Attorney of Orange County is carrying out a criminal
investigation preparatory to a trial against an organization called
Hermandad Nacional because these people abused and misused Americans
who wanted to become citizens. Legal aliens were used in illegal
activities. That is the basis for our requiring by subpoena the
Immigration and Naturalization Service to take those core names that
Hermandad used for illegal purposes and put on the voter rolls without
complying with the law.
The labor card was played once again. I just find it ironic that if
one's party affiliation is Democrat, somehow you are with working
people. Contrarily, if one's label is ``R'' you are somehow against
working people.
My father, his lifetime job was a plumber. He belonged to Local 582,
Plumbers and Pipefitters, and he went out and worked as a plumber his
entire life. I was the first member of my family to complete college.
My colleagues should look at some of their backgrounds. What they do
is exploit the labor union movement. These people never belonged to
labor unions. All they do is play that cheap labor card over and over
again.
Let me tell my colleagues about this investigation, this oversight
vote that we are looking at. It was voted in committee. We have a 2-
year budgetary process. When needs come up, we will vote the money,
this time, $1.4 million. They get $433,000 out of that money. They have
not mentioned that. We play a fair share game, $2 on our side, $1 on
their side.
Mr. Speaker, they get $1 for every $2 that we have. When they ran the
place, we got 10 cents on the dollar. But what they need to do is to
hide behind racial epitaphs and abuse-of-class arguments to try to
carry the day.
I know those people are upset they are not the majority anymore, but
come on, grow up. More important, do not let the American people think
that the way we are supposed to win is to not deal with facts, not face
reality, but hide behind scapegoats and epitaphs which may allow them
to get elected when they can sway people in their district but should
not be allowed to be the basis for discussion on the floor of the House
of Representatives.
So I would tell my colleagues as we examine this rule and the vote
for the legislative branch appropriation that the work that the new
majority is doing to continue to build to make sure that roofs are on
buildings, that people who obtain the franchise illegally are not able
to use it. Black, white, red, yellow, Hispanic, Welsh; illegal voters
should not be on the rolls. If illegal voters participate in an
election, the American people have a right to know that their legal
vote counts and illegal votes have to be removed from the rolls.
Support the rule, support the legislation.
Mr. HALL of Ohio. Mr. Speaker, I submit for the Record the following
proposed amendment:
At the end of the resolution, add the following new
section.
Section 2. Notwithstanding any other provision of the
resolution, it shall be in order without intervention of any
point of order to consider the following amendment by Mr.
Gejdenson.
Page 8, insert after line 5 the following new section:
Sec. 106. None of the funds made available in this Act may
be used for the expenses of any committee of the House of
Representatives during any session of the One Hundred Fifth
Congress in excess of the amounts specifically identified for
and allocated to such committee under primary and
supplemental expense resolutions, or to pay the salary of any
officer or employee of the House of Representatives who
certifies, approves, or processes any disbursement of funds
from any reserve fund for unanticipated expenses of
committees established pursuant to clause
[[Page H5792]]
5(a) of rule XI of the Rules of the House of Representatives.
Ms. HARMAN. Mr. Speaker, I rise in opposition to a rule and an
appropriations bill which permits continued funding for a wasteful,
spiteful, and pointless challenge to the duly-certified election of our
colleague, Loretta Sanchez.
I faced a similar challenge in the last Congress. After 9 months and
taxpayer expenditures of approximately $100,000, that challenge was
finally withdrawn.
The Sanchez challenge should be ended now before more taxpayer money
and more Members' time is wasted. Moreover, Mr. Speaker, those of us
from California--a State where a majority of our population will soon
be Hispanic--should condemn the effort to intimidate legal Hispanic
voters which is, in my view, a central goal of the ongoing Sanchez
challenge.
The right way to challenge Loretta Sanchez is the 1998 election. The
wrong way is to use funding in this bill.
The SPEAKER pro tempore. All time for debate has expired.
Ms. PRYCE of Ohio. Mr. Speaker, I move the previous question on the
resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HALL of Ohio. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The SPEAKER pro tempore. Pursuant to clause 5 (b)(1) of rule XV the
Chair may reduce to a minimum of 5 minutes the time for any electronic
vote on the question of passage of the resolution.
The vote was taken by electronic device, and there were--yeas 222,
nays 201, not voting 11, as follows:
[Roll No. 324]
YEAS--222
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crapo
Cubin
Cunningham
Davis (VA)
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Granger
Greenwood
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King (NY)
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Moran (KS)
Morella
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Oxley
Packard
Pappas
Parker
Paul
Paxon
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stump
Sununu
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Traficant
Upton
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
NAYS--201
Abercrombie
Ackerman
Allen
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Berry
Bishop
Blagojevich
Bonior
Borski
Boswell
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Goode
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (WI)
Johnson, E.B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Moran (VA)
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Serrano
Sherman
Sisisky
Skaggs
Skelton
Slaughter
Smith, Adam
Snyder
Spratt
Stabenow
Stenholm
Stokes
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tierney
Torres
Towns
Turner
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Blumenauer
Crane
Gonzalez
Martinez
Miller (CA)
Molinari
Nussle
Schiff
Smith (NJ)
Stark
Young (AK)
{time} 1053
Mr. HASTINGS of Florida and Mr. CLEMENT changed their vote from
``aye'' to ``no.''
Mrs. CUBIN changed her vote from ``no'' to ``aye.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Pease). The question is on the
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. HALL of Ohio. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to the Chair's previous
announcement, this will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 218,
noes 203, not voting 13, as follows:
[Roll No. 325]
AYES--218
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crapo
Cubin
Cunningham
Davis (VA)
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Foley
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Granger
Greenwood
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
[[Page H5793]]
Lazio
Leach
Lewis (CA)
Lewis (KY)
Livingston
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Moran (KS)
Morella
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oxley
Packard
Pappas
Parker
Paul
Paxon
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Pryce (OH)
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stump
Sununu
Talent
Tauzin
Taylor (MS)
Thomas
Thornberry
Thune
Tiahrt
Traficant
Upton
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
NOES--203
Abercrombie
Ackerman
Allen
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Berry
Bishop
Blagojevich
Bonior
Borski
Boswell
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Goode
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (WI)
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Moran (VA)
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Quinn
Rahall
Rangel
Reyes
Rivers
Rodriguez
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Serrano
Sherman
Sisisky
Skaggs
Skelton
Slaughter
Smith, Adam
Snyder
Spratt
Stabenow
Stenholm
Stokes
Strickland
Stupak
Tanner
Tauscher
Thompson
Thurman
Tierney
Torres
Towns
Turner
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wynn
Yates
NOT VOTING--13
Blumenauer
Crane
Gonzalez
Johnson, E.B.
Linder
Martinez
Miller (CA)
Molinari
Schiff
Smith (NJ)
Stark
Taylor (NC)
Young (AK)
{time} 1106
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________