[Congressional Record Volume 148, Number 146 (Wednesday, November 13, 2002)]
[Senate]
[Pages S10856-S10858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 HOMELAND SECURITY ACT OF 2002--Resumed

  The PRESIDING OFFICER. The clerk will report the bill.
  The assistant legislative clerk read as follows:

       A bill (H.R. 5005) to establish the Department of Homeland 
     Security, and for other purposes.

  Pending:

       Lieberman Amendment No. 4471, in the nature of a 
     substitute.
       Gramm/Miller Amendment No. 4738 (to Amendment No. 4471), of 
     a perfecting nature, to prevent terrorist attacks within the 
     United States.
       Nelson (NE) Amendment No. 4740 (to Amendment No. 4738), to 
     modify certain personnel provisions.
       Daschle motion to commit the bill to the Committee on 
     Governmental Affairs and that it be reported back forthwith 
     with the pending Lieberman Amendment No. 4471, listed above, 
     as amended.
       Daschle Amendment No. 4742 (to the instructions of the 
     motion to commit H.R. 5005 to the Committee on Governmental 
     Affairs) of a perfecting nature, to prevent terrorist attacks 
     within the United States.
       Daschle Amendment No. 4743 (to Amendment No. 4742), to 
     modify certain personnel provisions.

  The PRESIDING OFFICER. Cloture having been invoked, the pending 
motion to recommit falls.
  The Senator from Tennessee.
  Mr. THOMPSON. Mr. President, I move to table the pending Lieberman 
amendment and ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  Mr. BYRD addressed the Chair.
  The PRESIDING OFFICER. It appears there is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. The Senator from West Virginia could not hear the motion. 
Would the Chair get order? Let's hear the motion again.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. BYRD. If we can't do this, I will suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The Senate will be in order. Senators will 
take their conversations to the cloakrooms.
  The Senator from West Virginia.
  Mr. BYRD. I would just like to hear what the motion was.
  The PRESIDING OFFICER. The Senator from Tennessee has moved to table 
the Lieberman substitute. The yeas and nays have been ordered. The 
clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Iowa (Mr. Harkin) and the 
Senator from New Jersey (Mr. Torricelli) are necessarily absent.
  Mr. NICKLES. I announce that the Senator from North Carolina (Mr. 
Helms) is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who wish to vote?
  The result was announced--yeas 50, nays 47, as follows:

                      [Rollcall Vote No. 241 Leg.]

                                YEAS--50

     Allard
     Allen
     Barkley
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                             NOT VOTING--3

     Harkin
     Helms
     Torricelli
  The motion was agreed to.
  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Unanimous Consent Request

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of the conference report to accompany H.R. 
4546, the Department of Defense authorization bill; that there be 75 
minutes equally divided and controlled by Senators Levin and Warner or 
their designees; that upon the use or yielding back of the time with no 
intervening action or debate the Senate proceed to vote on the adoption 
of the conference report; that upon the adoption of the conference 
report and the Senate resuming consideration of H.R. 5005, Senator 
Thompson be recognized to offer a substitute amendment; that 
immediately upon the reporting of the Thompson amendment Senator 
Lieberman be recognized to offer an amendment to the Thompson 
amendment; and, following that, Senator

[[Page S10857]]

Feingold be recognized to offer an amendment.
  The PRESIDING OFFICER. Is there objection?
  Mr. GRAMM. Reserving the right to object----
  Mr. REID. I added to the unanimous consent request, which the 
minority leader did not have a chance to review, that Senator Feingold 
be recognized following the Thompson amendment, which, as I understand 
it, deals with the cost-of-living increase.
  Mr. GRAMM. Mr. President, maybe something could be worked out, but 
that was not part of the agreement that we had sent over. On that 
basis, I have to object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. The Senator is absolutely right. I only did that to get 
approval on our side, and I should have checked with the Senator first. 
I apologize.
  Does the Senator from Texas only object to the Feingold part of the 
unanimous consent?
  Mr. GRAMM. Mr. President, if the distinguished Democratic floor 
leader will yield, we had met and canvased our Members on the original 
agreement that we had reached. That agreement entailed bringing up the 
Defense authorization bill, having a 75-minute time limit on it, voting 
on it, and then having Senator Thompson be recognized to offer the 
Gramm-Miller substitute. Subsequently, the Senator from Nevada made a 
change in that agreement which has not been canvased on my side. So I 
am required to object to the unanimous consent request as the Senator 
has changed it. But the original one we would stand ready to accept.
  Mr. REID. The Senator is absolutely right. Standard procedure around 
here is to check with the other side. I did not do that. I apologize 
for that.
  Would the Senators agree that we could go do the first part of this 
unanimous consent request; that is, that we would go to the Department 
of Defense authorization conference report and have 75 minutes of 
debate on that? And, of course, following the disposal of that, Senator 
Daschle or Senator Lott or the two managers of the bill would have the 
first right of recognition. I am sure that would accomplish the same 
thing anyway.
  Mr. President, I ask unanimous consent that the Senate proceed to the 
consideration of the conference report to accompany H.R. 4546, the 
Department of Defense authorization bill; that there be 75 minutes of 
debate equally divided and controlled between Senators Levin and 
Warner; that following disposition of that matter, the Senate proceed 
to vote on the adoption of the conference report; that upon adoption of 
the conference report, we return to the consideration of H.R. 5005, 
which would be the regular order anyway.
  The PRESIDING OFFICER. Is there objection?
  Mr. WARNER. Mr. President, reserving the right to object--and I shall 
not--could we be more explicit as to whether or not we believe there 
should be a recorded vote because that is a time element. At this 
point, I think I would speak. We want to convenience the leadership in 
the expediting of the matters before the Senate. I do not know if there 
has been a request for a recorded vote because you are looking at 30 
minutes for that probably. I just make that clarification.
  Mr. REID. We have been told that on your side there is a vote 
required.
  Mr. WARNER. OK.
  I thank the Chair.
  Mr. REID. I say to my friend from Wisconsin, the Senator from 
Wisconsin is not in any way jeopardized with anything in the first part 
of this unanimous consent request. If we can go to the Defense 
Department authorization conference report, H.R. 5005 reappears 
automatically anyway.
  Mr. FEINGOLD. Mr. President, I object to this request.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, if there would be an understanding that 
my amendment would follow this process as a separate agreement, I would 
be happy to lift my objection.
  Mr. REID. Mr. President, as I said to my friend from Wisconsin, I 
will do what I can to make sure he has an opportunity to offer an 
amendment. I cannot guarantee that. I can only do that with a unanimous 
consent request.


                           Amendment No. 4900

(Purpose: To provide that Members of Congress shall not receive a cost 
          of living adjustment in pay during fiscal year 2003)

  Mr. FEINGOLD. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold] proposes an 
     amendment numbered 4900.

       At the appropriate place in the bill insert the following 
     sections:

     SEC.   . COST OF LIVING ADJUSTMENT FOR MEMBERS OF CONGRESS.

       Notwithstanding any other provision of law, no adjustment 
     shall be made under section 601(a) of the Legislative 
     Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of 
     living adjustments for Members of Congress) during fiscal 
     year 2003.

  Mr. FEINGOLD. Mr. President, my amendment is very straightforward. It 
would eliminate the roughly $5,000 pay raise scheduled to go into 
effect next January for Members of Congress.
  Put simply, this is the wrong time for Congress to give itself a pay 
hike.
  Our economy is still recovering from the recent slowdown. The 
financial markets have been rocked, wiping out a chunk of the life 
savings and retirement accounts of many families. Thousands of workers 
who were laid off have not returned to work, and families face 
increasing financial pressures.
  Our budget is, once again, back in deficit. Even under the most 
optimistic scenarios, we are facing serious budget deficits for many 
years to come. The on-budget deficit for the fiscal year that just 
ended on September 30 is well over $300 billion, and the Office of 
Management and Budget projects deficits totaling over one trillion 
dollars over the next five years.
  In fact, the Federal Government is spending all of the Social 
Security Trust Fund surpluses, and then some, something we should do 
only to meet the most critical national priorities.
  A pay raise of nearly $5,000 for Members is not a critical national 
priority.
  Nor can one argue that this pay raise is justified because Members 
have not had one in a while. This is the fourth pay raise in as many 
years. On January 1, 2000, Members received a $4,600 pay raise. On 
January 1, 2001, Members received a $3,800 pay raise. On January 1, 
2002, Members received a $4,900 pay raise. And unless we stop it, this 
coming January, Members will receive a $4,700 pay raise.
  That will mean that, as of this coming January, Members will have 
received four consecutive pay hikes totaling $18,000--$18,000 per year.
  That is more than the average annual Social Security benefit for a 
retired worker and spouse. It is more than the average annual Social 
Security benefit for a disabled worker, spouse, and child. It is more 
than someone working minimum wage can make in a year and a half.
  This automatic, stealth, pay raise system is absolutely wrong. It is 
an unusual thing to have the power to raise our own pay. Few people 
have that ability. Most of our constituents do not have that power.
  That this power is so unusual is a good reason for the Congress to 
exercise that power openly, and to exercise it subject to regular 
procedures that include debate, amendment, and a vote on the record.
  That is why this process of pay raises without accountability must 
end. It is offensive. It is wrong. And I believe it may be 
unconstitutional. The 27th Amendment to the Constitution states:

       No law, varying the compensation for the services of the 
     senators and representatives, shall take effect, until an 
     election of representatives shall have intervened.

  I recognize that some of our colleagues may feel they deserve a pay 
raise. I certainly respect that position. Last year, a colleague said 
to me that Members deserved a pay increase because of all that we had 
been through. Again, I strongly disagreed with that assessment last 
year, but I understood the sentiment.
  But even those who favor a pay hike should support voting for it on 
the record. Certainly, having an open and public vote on the record for 
a pay hike is better than the stealth pay raise that takes place with 
no action.
  Standing up and making the case before the public is far better than 
quietly letting the pay raise take effect.

[[Page S10858]]

  We really should scrap the current stealth pay raise system, and I 
have introduced legislation to stop this practice. But the amendment I 
offer today does not go that far. All it does is to stop the pay raise 
that is scheduled to go into effect in January--the fourth pay raise in 
four years.
  Let's stop this backdoor pay raise, and then let's enact legislation 
to end this practice once and for all.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. Mr. President, I move to table the Feingold amendment and 
ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Missouri (Mrs. Carnahan), 
the Senator from Iowa (Mr. Harkin), the Senator from Massachusetts (Mr. 
Kennedy), and the Senator from New Jersey (Mr. Torricelli) are 
necessarily absent.
  Mr. NICKLES. I announce that the Senator from North Carolina (Mr. 
Helms) and the Senator from Idaho (Mr. Craig) are necessarily absent.
  The PRESIDING OFFICER (Ms. Cantwell). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 58, nays 36, as follows:
  [Rollcall Vote No. 242 Leg.]

                                YEAS--58

     Akaka
     Allen
     Barkley
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Cochran
     Conrad
     Crapo
     Daschle
     Dayton
     Dodd
     Domenici
     Durbin
     Enzi
     Feinstein
     Frist
     Graham
     Gramm
     Gregg
     Hagel
     Hatch
     Hollings
     Inhofe
     Inouye
     Jeffords
     Kohl
     Kyl
     Levin
     Lieberman
     Lott
     Lugar
     McConnell
     Mikulski
     Murkowski
     Nelson (NE)
     Nickles
     Reed
     Reid
     Rockefeller
     Santorum
     Sarbanes
     Shelby
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--36

     Allard
     Baucus
     Bayh
     Brownback
     Bunning
     Cleland
     Clinton
     Collins
     Corzine
     DeWine
     Dorgan
     Edwards
     Ensign
     Feingold
     Fitzgerald
     Grassley
     Hutchinson
     Hutchison
     Johnson
     Kerry
     Landrieu
     Leahy
     Lincoln
     McCain
     Miller
     Murray
     Nelson (FL)
     Roberts
     Schumer
     Sessions
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Wyden

                             NOT VOTING--6

     Carnahan
     Craig
     Harkin
     Helms
     Kennedy
     Torricelli
  Mr. REID. I move to reconsider the vote.
  Mr. NICKLES. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________