[Congressional Record Volume 141, Number 170 (Tuesday, October 31, 1995)]
[House]
[Pages H11468-H11483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PROVIDING FOR CONSIDERATION OF H.R. 2492, LEGISLATIVE BRANCH 
                        APPROPRIATIONS ACT, 1996

  Mr. DIAZ-BALART. Madam Speaker, by direction of the Committee on 
Rules, I call up House Resolution 239 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 239

       Resolved, That upon the adoption of this resolution it 
     shall be in order to consider in the House the bill (H.R. 
     2492) making appropriations for the Legislative Branch for 
     the fiscal year ending September 30, 1996, and for other 
     purposes. The bill shall be debatable for one hour equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Appropriations. The previous 
     question shall be considered as ordered on the bill to final 
     passage without intervening motion except one motion to 
     recommit.

  The SPEAKER pro tempore (Mr. Upton). The gentleman from Florida [Mr. 
Diaz-Balart] is recognized for 1 hour.
  Mr. DIAZ-BALART. Mr. Speaker, for the purposes of debate only, I 
yield the customary 30 minutes to 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 the purpose 
of debate only.
  (Mr. DIAZ-BALART asked and was given permission to insert extraneous 
material into the Record.)
  Mr. DIAZ-BALART. Mr. Speaker, House Resolution 239 is a closed rule, 
which is entirely appropriate in this circumstance in order to provide 
for the timely consideration of the legislative branch appropriations 
bill. The President vetoed the conference report on this bill on 
October 3, after it had easily passed both the House and Senate, and in 
his veto message, claimed he had no problem with the bill's content, 
merely its timing. Therefore, we do not need to relive the amending 
process, and rather than going through the process of a veto override 
attempt, we should pass this bill quickly so that we can move on to the 
remaining spending bills.
  The rule provides for consideration of the bill in the House, with 1 
hour of general debate, to be equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Appropriations. Also, the rule provides one motion to recommit.
  House Resolution 239 brings to the floor H.R. 2492, which is 
identical to the conference report on H.R. 1854, which passed the House 
on September 6 by an overwhelming vote of 305 to 101. This bill has 
strong bipartisan support, and even the President described the bill in 
his veto message as ``A disciplined bill, one that I would sign under 
different circumstances.'' The House will have shortly completed action 
on all the spending bills, and the President has now signed both the 
military construction and agriculture appropriations measures. When 
H.R. 2492 reaches the President's desk, hopefully the President will 
also sign this bill, this time.
  One issue that arose at the Rules Committee has been debated in many 
settings, including during debate on the rule on the Transportation 
appropriations conference report last week--gift ban legislation. Many 
of us would like to see action on this issue as soon as possible, and 
in case any of you missed the announcement by the majority leader last 
week, our leadership is planning to have a lobbying reform bill and 
tough new gift restrictions on the House floor by November 16. 
According to the majority leader, the Senate language will serve as the 
starting point, and later this week, we will be holding a hearing at 
Rules on the issue. Many Members would like the opportunity to improve 
on the Senate language, and therefore merely attaching the Senate bill 
to an appropriations measure in the House is not the way to proceed now 
that we have a commitment to move gift reform as a separate piece of 
legislation. Although it was argued that the legislative branch 
appropriations bill was ``an appropriate vehicle,'' it is nonetheless 
not germane to attach the Senate gift ban to this bill. Let's give the 
topic of gift reform the opportunity to be fully debated in the context 
of its own legislation.
  As a Member of Congress who serves on both of the Speaker-appointed 
committees, and in my role on the Committee on House Oversight, I am 
very proud of the reforms achieved in the legislative branch 
appropriations bill, based on the recommendations by House Oversight. 
We had some tough choices to make, but getting our own House in order 
and cutting our own budget was a necessary and important first step in 
the long and difficult road toward achieving a balanced Federal budget.
  Mr. Speaker, as you will recall from the House's consideration of 
this bill in June, and again in September, H.R. 2492 incorporates House 
oversight plans to greatly reform the internal workings of the House of 
Representatives. This bill is below the subcommittee's 602(b) 
allocation and is over 8 percent below last year's spending level. 
Additionally, H.R. 2492 consolidates offices and paves the way for the 
privatization of some functions that may be less costly when performed 
by the private sector.
  I would like to commend Chairman Thomas, Chairman Packard, ranking 
member Fazio, and of course Chairman Livingston, for their excellent 
work in bringing this bill forward.
  Mr. Speaker, House Resolution 239 is necessary to preserve the 
agreements reached in conference, and agreed to in the House and 
Senate, on legislative branch appropriations. I urge adoption of both 
the rule and the bill.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1030

  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong opposition to the rule providing for 
the consideration of H.R. 2492. I oppose this rule for one simple 
reason: The Republican majority has again denied the House the 
opportunity to use this bill as the vehicle to finally consider and 
pass real congressional reform.
  The Republican majority has spent the last 10 months talking about 
the reforms the American people voted for last November. But talk is 
all we have gotten when it comes to enacting a gift ban and reforming 
lobby laws. I must ask, Mr. Speaker, is the Republican party all talk 
and no action? The majority leader has time and again promised action 
on these issues, but time and again the Republican majority has denied 
the full House the opportunity to take a vote on what the Republicans 
claim they were elected and sent to Washington to do.
  My colleague, the gentlewoman from Utah [Mrs. Waldholtz], has stated 
her intention to introduce new gift ban and lobby reform legislation 
and our chairman, the gentleman from New York [Mr. Solomon], has stated 
his intention to hold hearings on this matter. But, I must again ask 
why do we need to keep on talking about this issue when the opportunity 
to take action is right here and right now. Because this rule will not 
allow the House to consider this issue today that I will oppose 
ordering the previous question on this resolution and will seek to 
amend the rule to permit the House to consider gift ban and lobby 
reform legislation.
  Mr. Speaker, we have heard many promises from the Republican 
leadership that this important reform will be considered by November 
16. But Mr. Speaker, since January promises have been made only to be 
broken. I do not question the sincerity of the pledges made by my 
chairman or my Rules Committee colleague, but again, I must ask why 
wait when we can act right now?
  Mr. Speaker, when the Rules Committee considered this rule 2 weeks 
ago, I offered an amendment to the rule proposed by the Republican 
majority. My amendment would have allowed for the consideration of the 
gift ban and lobby reform legislation sponsored by my friend, the 
gentleman from Texas [Mr. Bryant]. At that meeting--2 weeks ago Mr. 
Speaker-- 

[[Page H11469]]

the Republican majority stated that the legislative branch 
appropriations bill was not the proper vehicle to consider such 
legislation. And even if it were, the legislation introduced by Mr. 
Bryant was in need of improvement. And so, instead of allowing the 
House the opportunity to make the so-called needed improvements to the 
Bryant proposal, much less consider it at all, the Republican majority 
proceeded to vote on a strict party line vote against my amendment to 
the rule.
  Mr. Speaker, it seems to me that if the Republican majority were so 
dedicated to the principle of reforming the House, then any bill would 
be the appropriate vehicle to carry such important reforms. And, Mr. 
Speaker, if Mr. Bryant's legislation is so flawed why then should we 
not bring the original proposal of Mrs. Waldholtz to the floor and 
amend that proposal as needed? And, in addition to the Waldholtz 
proposal, why not consider the lobby reform proposal of the gentleman 
from Pennsylvania [Mr. McHale], whose bill has nine Republican 
cosponsors? Why not, Mr. Speaker?
  Since the Speaker's Task Force on Reform has not consulted with the 
Democratic members of the Rules Committee, we can only speculate about 
which amendments may be considered necessary to improve the Bryant 
proposal. I have read in the newspaper that the majority leader is 
considering rethinking the provision of the Senate-passed gift-ban 
relating to Members' attendance at charity golf, skiing, and tennis 
tournaments. Does the Republican majority believe that allowing Members 
to attend these events for free is a significant improvement on a ban 
on the acceptance of gifts from those who lobby Congress and seek to 
influence the legislative process?

  I have also read that the majority leader thinks the lobby reform 
legislation might also be the appropriate vehicle to attach a ban on 
lobbying by nonprofit groups--such as the American Red Cross or the 
YWCA--who receive Federal grants. Mr. Speaker, as the majority leader 
well knows, attaching that issue to this legislation is a sure way to 
guarantee that nothing is done this year and probably next year. And, 
Mr. Speaker, what kind of reform is it that allows Members to play golf 
with lobbyists at exclusive country clubs while at the same time 
prohibiting the Red Cross from lobbying in our offices?
  And so, in order to allow the House to consider proposals adopted by 
the Senate last summer, it is my intention to offer an amendment to 
this rule which would allow the House to consider the Waldholtz and 
McHale proposals along with the legislative branch appropriations bill.
  Mr. Speaker, this rule is being used as a convenient way to avoid 
directly addressing an issue that truly does resonate outside the 
beltway. Briefings and hearings in the Rules Committee really don't 
mean much to my constituents. Many of them pay very close attention to 
the United We Stand movement and support for this issue is considered 
to be a paramount test of an incumbent's willingness to truly reform 
the Congress. And, I suspect, on this issue, actions will indeed speak 
louder than briefings and hearings.
  Mr. Speaker, I have repeatedly offered amendments in the Rules 
Committee which would, had they been adopted by the Republican 
majority, afforded the House the opportunity to vote on the gift ban 
and lobby reform legislation. It is time to stop talking about reform 
and to start enacting reform. I would urge my colleagues to vote for 
real congressional reform and to defeat the previous question in order 
that this rule can be amended to allow the consideration of gift ban-
lobby reform legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from California [Mr. Packard].
  Mr. PACKARD. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, it is obvious the gentleman from Texas is not opposed to 
this bill. It is obvious that his only intent in opposing the rule is 
that it does not permit for a debate on a totally separate and 
independent issue. The majority leader has made a very clear and 
succinct promise that the gift ban issue will be brought up within the 
next couple of weeks, and I think that that is what we fully intend to 
do.
  There is no question that the gift ban needs to be debated at length 
and in detail on the floor of the House, and it will be. But an hour's 
debate on a bill that is totally unrelated to it is not the best time 
nor the place to do it.
  I am convinced that the 2 weeks is not going to do harm to the issue. 
The President has indicated that this is a good bill. This is a good 
rule. It permits us to readdress the bill that he vetoed for extraneous 
reasons, totally unrelated to the merits of the bill. Thus, the 
appropriate thing is for us to pass this rule, to debate the bill, to 
pass the bill, send it to the President, along with several other 
appropriations bills, and then debate the gift ban issue at the 
appropriate time and with the appropriate amount of time to do it 
properly.
  The gentleman from Texas [Mr. Bryant] surely would not wish for us to 
limit the debate on the gift ban to 1 hour. It deserves more than that. 
It is not without controversy, and certainly what would be the time to 
do it, when we have time.
  Mr. BRYANT of Texas. Mr. Speaker, will the gentleman yield?
  Mr. PACKARD. I yield to the gentleman from Texas.
  Mr. BRYANT of Texas. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I would like to limit the debate to an hour on very many 
issues, but I would point out to the gentleman, we passed this bill by 
an overwhelming margin in the House last year. It passed by an 
overwhelming margin when it was a conference committee report. It would 
be the law today, but for the fact it was filibustered by the 
Republicans in the Senate at the end of the last session. We are only 
asking that we take up what has been adopted and passed by the Senate.
  Mr. PACKARD. Mr. Speaker, reclaiming my time, the gentleman will get 
exactly what he is asking for, but not on this bill. It will come up 
within the 2 week period that has been promised. I am convinced it will 
happen. Then the gentleman will have an opportunity to debate it in far 
greater detail than as a rider on a totally unrelated bill.
  Mr. FROST. Mr. Speaker, I yield 5 minutes to the gentleman from Texas 
[Mr. Bryant].
  (Mr. BRYANT of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. BRYANT of Texas. Mr. Speaker, I thank the gentleman for yielding 
me this time.
  Mr. Speaker, I would like to first say that the observations and 
exchange of just a moment ago with regard to the possibility that this 
matter may be brought up in the future should cause every Member to ask 
why we are moving as we are moving today. I think it has been answered 
in part already by the gentleman from Texas [Mr. Frost] who pointed out 
that this promise has been made over and over and over, and now the 
entire year has nearly gone by here, and still nothing has been done 
with regard to limiting the ability of a Member of Congress to take 
free tickets, free golf, free travel, free recreational travel in the 
guise of charitable tournaments and so forth, from lobbyists, whose job 
is to influence our decisions on matters that affect the American 
public.
  It has been promised over and over, but it has not happened. Worse, 
in the press conference that the gentleman from Texas [Mr. Armey], the 
majority leader, had last week, he suggested that maybe we need to make 
some alterations in the Senate rules. Now, the Senate already has these 
rulings in effect in the Senate. Maybe we ought to alter them if we are 
going to make them apply to the House, so we can allow more of these 
charitable golf tournaments.
  Mr. Speaker, I submit the American people do not want that kind of 
alteration. If we are delaying taking this up so that we can drag this 
whole matter back through a bunch of hearings, hash it over again and 
again, when it has passed the House twice last year, and it is now the 
rules in the Senate, just to delay it so a few Members can continue to 
play free golf and take advantage of their job and embarrass all the 
rest of the House of Representatives by showing up on the television 
magazine 

[[Page H11470]]

shows, then my answer is, we ought to go ahead and act today.
  Let me mention the activities of one Member of the House. I will not 
call his name, but I am reading from his financial disclosure 
statement. This is 1988. This Member played in the Bob Hope Charity 
Classic, where he got $350 in golf clothing and accessories, by the 
way, as a little bonus for playing. In the Kemper Open Golf Tournament, 
the Houston Golf Association Golf Tournament, the Danny Thomas Memorial 
Golf Tournament, the Larry Bird Charity Golf Tournament. In all of 
these he got between $150 and $300 in gifts at the same time.
  In 1989 five more golf tournaments, just the same as the ones I just 
read.
  In 1990, he really hit the big time. The Bob Hope, the Kemper, the 
Youthlinks, the Mazda, the Danny Thomas, the GTE, the ACLI Golf 
Tournament. Big bags of gifts all the way.
  In 1991, he kept on going to these golf tournaments, and so on and so 
forth.
  I just submit, there is a question about if this guy has too much 
free time. I mean, playing golf every single weekend someplace, a fancy 
golf tournament, getting a bag of free gifts, no wonder he comes down 
to the floor and hollars and hoots and says we ought not to pass any 
gift legislation.
  I just submit, this is a grotesque embarrassment to the House of 
Representatives. We ought to end it right now. What the gentleman from 
Texas [Mr. Frost] has said we are going to do is attempt to defeat the 
previous question on this rule so that we can bring up the Senate gift 
bill, which has been introduced here by me, but also been introduced by 
the gentlewoman from Utah [Mrs. Waldholtz].

                              {time}  1045

  We are going to bring up the gentlewoman from Utah, Mrs. Waldholtz's, 
version of the Senate gift bill which is in effect in the Senate now. 
It has 17 Republican cosponsors. And we will bring up the gentleman 
from Pennsylvania, Mr. McHale's, lobby reform bill, which has 9 
Republican cosponsors.
  If the previous question is defeated, we will take this up 
immediately and we will pass it and we will be through with this 
interminable argument, and we will be able to guarantee to the American 
people that the next 2 weeks, before this, I do not know, third, or 
fourth or fifth time the Majority Leader has offered us a deadline for 
voting, that in the next 2 weeks we will not spend our time trying to 
find a way to water down a common-sense set of regulations with regard 
to the ability of a Member of the House of Representatives to take free 
gifts and free golf and free food and free everything else from the 
very lobbyists that are hired to influence us in making decisions.
  Mr. Speaker, it is a common-sense strategy. I submit that if we, and 
I am speaking to the Members of the House, do not want to see more of 
these magazine shows where a few Members of the House are pictured 
running all over the place in golf carts, on beaches, and everywhere 
else, getting freebies from lobbyists, then for goodness sakes vote 
down the previous question and let us pass this thing and be done with 
it.
  Mr. MILLER of California. Mr. Speaker, will the gentleman yield?
  Mr. BRYANT of Texas. I yield to the gentleman from California.
  Mr. MILLER of California. Mr. Speaker, there is a discussion here 
about whether or not they want to change, the Republicans want to 
change the gift rule to allow for charity golf outings. I think the 
list that the gentleman just read makes a point here that, in each of 
these instances, these are sponsored by corporate entities that have 
business before the Congress of the United States. Most Members of 
Congress that play in a charity golf tournament of that nature could 
not name the charity that is the beneficiary or the charities that are 
the beneficiaries. What they know is they got there because Kemper 
invited them or some insurance association invited them, not because 
the charity invited them.
  Mr. BRYANT of Texas. Mr.. Speaker, I thank the gentleman for his 
additions to my remarks.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  We are at this time facing before us the rule for the legislative 
branch appropriations bill. Last Friday, Mr. Speaker, the majority 
leader committed to having votes in the House on both the lobbying bill 
and the gift reform rule on or before November 16. Yesterday may 
colleague on the Committee on Rules, the gentlewoman from Utah [Mrs. 
Waldholtz], introduced House Resolution 250, which is identical to the 
Senate rule.
  Today, the chairman of the Committee on Rules announced the first 
hearing on this resolution at 10 a.m. this Thursday. We then intend to 
hold another hearing next week to report the resolution, Mr. Speaker, 
The Committee on the Judiciary is proceeding to report the lobby reform 
bill in time to meet the deadline set by the Majority Leader.
  Mr. Speaker, I see other distinguished colleagues here. For example, 
the gentleman from California [Mr. Fazio]. He was before us in the 
Committee on Rules. He pointed out that this product before us is the 
work of much bipartisan effort. The President, at the time he vetoed 
it, as I stated before, stated he vetoed it not for substantive reasons 
but for reasons of timing. And after that our friends on the other side 
of the aisle have reiterated that this precisely is a bipartisan 
product that has achieved consensus.
  Mr. Speaker, I think it is important to point out that the amendment 
that my friend, the gentleman from Texas [Mr. Frost] wishes to offer to 
this rule is nongermane to the rule and would be held out of order even 
it the previous question is defeated. So this, Mr. Speaker, is, in 
fact, a nongermane exercise that we are facing now on a nongermane 
amendment to the rule to make in order a nongermane amendment to the 
bill.
  It may be difficult for some of our friends on the other side of the 
aisle to realize that we are facing before us the rule on legislative 
appropriations, but that is what we are facing at this time and that is 
what the House should pass this morning, the rule and, subsequently, 
the bill on legislative branch appropriations.
  Mr. DOGGETT. Mr. Speaker, will the gentleman yield?
  Mr. DIAZ-BALART. I yield to the gentleman from Texas.
  Mr. DOGGETT. Of course, Mr. Speaker, the only reason it is nongermane 
is because the Committee on Rules refuses to make it germane.
  As far as lobby reform is concerned, I am sure Members have seen 
today's history of bills and resolutions and realized an indication of 
Speaker Gingrich's commitment to reform is the fact that the lobby 
reform bill came onto his desk on July the 26 and sat there for three 
months, over three months, until yesterday afternoon before he even 
bothered to refer it to committee. That is hardly an indication of any 
commitment to clean this place up, is it?
  Mr. DIAZ-BALART. Mr. Speaker, reclaiming my time, what I am trying to 
do, and obviously I am trying to remain as civil as I think the House 
deserves at this point on this issue and also as much as I can on the 
subject that we are debating, the fact is that we have a rule with a 
framework, providing a framework for debate for a conference committee 
report on the funding of the legislative branch. I am not getting into 
issues with regard to the fact that friends on the other side of the 
aisle had 40 years here to make these changes, and I am not going to 
get into that.
  Mr. DOGGETT. Because Mr. Speaker, the gentleman knows that last year 
twice the House approved the gift ban.
  Mr. DIAZ-BALART. Mr. Speaker, I have not yielded the gentleman time.
  The SPEAKER pro tempore. The time is controlled by the gentleman from 
Florida.
  Mr. DIAZ-BALART. So, Mr. Speaker, instead of getting on, continuing 
on nonrelevant issues, I am trying to focus the attention of the House 
on what is before us, which is the rule setting the guideline for 
debate for a conference committee report to fund the legislative 
branch.
  That is what is before us, Mr. Speaker; and I would hope that after 
having seen the commitment of the leadership of this House to bring 
forth before us this issue that has been brought out this morning, 
before November 19 to the floor, that there is a limit to which this 
exercise that our friends on the 

[[Page H11471]]

other side of the aisle are engaging in can remain useful even for 
them.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume, 
and I would point out to my friend from Florida that we brought this 
very issue up the first day of the legislative session in January. We 
have brought it up repeatedly. Every time we have attempted to get a 
vote on this issue we have been prevented from having that vote by the 
Republican majority, and we will continue to bring this issue up at 
every opportunity until, finally, it gets to the floor.
  The Republican majority has said, ``Oh, trust us, it will come up no 
later than November 16.'' Well, lo and behold, we will come to November 
16 and there may just be another reason why it cannot be voted on at 
that time.
  Mr. Speaker, we will continue to raise this issue at every 
appropriate juncture.
  Mr. Speaker, I yield 5 minutes to the gentleman from California [Mr. 
Fazio], the ranking Democratic Member on the Committee on House 
Oversight.
  Mr. FAZIO of California. Mr. Speaker, I thank my friend from Texas 
for yielding.
  Mr. Speaker, I will comment on the substance of the legislative 
branch bill later on, but I do want to support his effort on this rule 
to bring lobby and gift reform before this Congress today. I think it 
is worthwhile, particularly in light of the comments of the gentleman 
from Florida to review what, in fact, has transpired in this Congress.
  In 1989, we passed one of the most fundamental reforms of our ethics 
laws in the modern history of the Congress. President Bush signed it 
with great fanfare. But in the last Congress we have attempted to 
conform some of the more stringent provisions that we put in place for 
executive branch personnel with the Congress of the United States.
  The lobby reform bill we considered in the last Congress was passed 
through the Senate by a 95 to 2 vote. We then took it up on the floor 
of this House on suspension and passed it 315 to 110 in the last 
Congress. Then, despite some smoke screen opposition which we have even 
attempted to deal with this year in this bill, we were able to pass it 
once again as a conference report, 306 to 112.
  We went to the Senate and, lo and behold, the Senate filibustered. 
The Republican Members of that body, not wanting to grant the Democrats 
a political victory on the eve of an election, prevented this 
legislation from going forward to the White House for a certain 
signature.
  So here we are in this Congress, Mr. Speaker, with those same 
Republicans now in charge for 10 full months and how have we advanced 
lobby and gift reform? Certainly not in a bipartisan way in this body. 
The other body passed it, sent it over here unanimously.
  As has already been indicated by my friend from Texas [Mr. Doggett] 
the Speaker did not refer it to committee. He held it from July to the 
present time at the desk. No discharge petition could even be filed 
because the bill was not before the committee on the Judiciary.
  The gentleman from Florida [Mr. Canady] in his subcommittee had a 
hearing on lobby reform, but, obviously, no markup was scheduled. No 
bill was really before them.
  Leadership, as exemplified by the gentleman from Texas [Mr. Armey] 
last Friday, has only materialized since this Democratic caucus went on 
the offensive, adopting a resolution strongly supporting gift and lobby 
reform, and relentlessly bringing this issue to the floor.
  Today, Mr. Speaker, we act in a bipartisan manner by in effect 
discharging, if possible, the Waldholtz and McHale bills. This is not 
an effort to push a partisan agenda. We are bringing the bipartisan 
freshman and sophomore classes together and letting their legislation 
come before us, if this rule could be amended to bring that about.
  So just when lobby and gift reform was likely to pass last week, this 
bill was pulled from the floor. The legislative branch bill, which was 
scheduled, was removed from the agenda.
  The comments of the gentleman from Texas [Mr. Armey] which were 
designed to really calm us down and indicate to us that we would be 
dealing with this issue in the future, in my mind create more questions 
and doubts than they resolve.
  First of all, instead of going to the ethics committee, the Committee 
on Standards of Official Conduct, a bipartisan committee where we could 
have dealt with this issue of gift rules where we historically have 
judged gift rules, we are going to the partisan Committee on Rules.

  Instead of simply passing the Senate version of the gift rule ban, we 
are now holding up the specter of the golf trips and the various 
methods by which people get to engage in travel for fun, when, in fact, 
the charity is only marginally involved in the process.
  We also have heard the gentleman from Texas [Mr. Armey] refer to a 
task force, not a committee that will meet in public and debate these 
issues, but a task force, which the gentleman from Michigan [Mr. 
Hoekstra] will chair which will have jurisdiction. Mr. Hoekstra having 
just been removed from the Committee on the Budget to accommodate 
another problem on the minority side will apparently guide us. That 
task force, not in the daylight of public scrutiny apparently, will 
then take up the question of lobby and gift reform.
  Well, it seems to me we have already understood that it is time to 
move forward on lobby reform. Now we hear that perhaps the gentleman 
from Texas [Mr. Armey] wants to inject the poison pill of the Istook 
amendment into the lobby reform bill, a proposal which Senator Hatfield 
and Members of the Senate Republican majority find unacceptable, 
certainly on all the appropriations bills that have been considered in 
the other body.
  So that very contentious and difficult issue that bans nonprofit 
agencies from lobbying is going to be injected into the debate on the 
question of whether we should pass a simple statute to bring thousands 
of lobbyists, who don't report on their involvement in the legislative 
process under current law, into the light of day, requiring them to 
indicate to the public just who they are representing, how much money 
they are spending, et cetera.
  The Armey approach to lobby and gift reform, it seems to me, is 
likely to be a disaster. It is likely to slow down this process and 
make all of the efforts we have been making on this side of the aisle a 
real waste of all our time. We ought not separate these bills and we 
ought not amend them. Pass the Senate bills.
  I hope the leadership, including the gentleman from Texas [Mr. 
Armey], will relent and allow us to move forward on the Waldholtz and 
McHale legislation today. I fear we will regret it when we fail to join 
the Senate in passing gift and lobby reform by the end of this year.
  Mr. DIAZ-BALART. Mr. Speaker, I know it is hard to get to the debate 
on the relevant issue, but I yield at this time such time as he may 
consume to the gentleman from New York [Mr. Solomon], the chairman of 
the Committee on Rules.

                              {time}  1100

  Mr. SOLOMON. Mr. Speaker, I thank my good friend and valued Rules 
Committee colleague from Miami, FL, for yielding me this time.
  Mr. Speaker, I could not in good conscience remain silent on why we 
are here today on a bill that is identical to one that was 
overwhelmingly adopted by both Houses and which the President himself 
has indicated is a good and disciplined bill that he would sign under 
different circumstances.
  We are here because the President nevertheless vetoed the bill that 
is $206 million or 8.6 percent below last year's spending level.
  What were the so-called circumstances that prompted this veto at the 
same time he signed the military construction appropriations bill? 
Well, he just didn't think it was right for us to pass our own 
appropriations bill before all the others were finished.
  Mr. Speaker, that argument might hold some water if other Presidents 
had taken the same position in the past, or, if the Congress had 
traditionally waited until last to pass the legislative branch 
appropriations bill. But that is just not the case.
  We have traditionally acted early on the legislative branch bills 
under Democratic controlled Congresses. And Republican Presidents have 
traditionally signed them.

[[Page H11472]]

  It is one thing for a nonincumbent presidential candidate to run 
against Congress. But it is quite another for a sitting President to 
use the veto pen for political, rather than fiscal, purposes. To me 
this is a gross breach of comity between the two branches, with no 
apparent rationale whatsoever beyond rhetorical politics.
  It would be one thing if the President had vetoed this bill because 
it spent more than last year on Congress, or did not cut our spending 
as much as we have for the other departments of Government. But even if 
that were the case, which it is not, those criteria were not used by 
previous Republican presidents when Democrats ran Congress.
  So it is truly regrettable that we must pass this same bill again and 
hope that this time the so-called circumstances are right--that all the 
planets are now in proper alignment with each other.
  Mr. Speaker, I just want to commend again the chairman and ranking 
minority member of the Legislative Branch Subcommittee, Mr. Packard and 
Mr. Fazio, for all the work they have done on this legislation. They 
have helped this House keep its word to the American people that we 
would lead the way by making an example of ourselves in reducing 
spending and staff before asking others to do so. We have kept that 
commitment. Fiscal restraint and discipline should not be made a 
punishable act by the President.
  With respect to this rule, I regret that a nongermane amendment is 
being interjected into the previous question vote on a bill that has 
such overwhelming support. The gentleman from Texas has described the 
germaneness problem with his amendment on lobbying and gift reform as 
merely technical. That is a gross understatement, to put it as kindly 
as I can.,
  The amendment he wishes to offer if the previous question is defeated 
has nothing to do with legislative branch appropriations, nor is it 
even remotely close to any jurisdiction that the Appropriations 
Committee enjoys.
  The amendment falls directly under the jurisdiction of two completely 
different committees--Judiciary and Standards of Official Conduct.
  So, once again we are being asked to go through a futile exercise and 
a meaningless vote since the amendment to the rule itself would be 
nongermane to the rule, and the parliamentarians have confirmed that it 
would be ruled out of order on a point of order.
  So why is the minority intent on taking us down this blind alley? 
Presumably it is being done to send a message. But, the majority leader 
announced just last Friday that we will vote on the gift rule on or 
before November 16. And we are proceeding in the Rules Committee which 
I chair to hold hearings and then report the gift rule.
  There is no longer a need to send a message. We had long ago 
committed to acting on this. It was only a question of when. And now we 
know.
  Mr. Speaker, the previous question vote is not only a futile exercise 
and futile vote on a blatantly nongermane amendment to this rule; it is 
an attempt to politicize and polarize on an issue that is broadly 
bipartisan. Don't be hoodwinked, by these political shenanigans, into 
thinking that it is anything else.
  Vote ``yes'' on the previous question, vote ``yes'' on this rule, and 
vote ``yes'' on this bill that keeps our commitment to downsizing the 
Congress.
  Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from 
Pennsylvania [Mr. McHale].
  Mr. McHALE. Mr. Speaker, I listened very carefully to the remarks of 
my good friend, the gentleman from New York [Mr. Solomon], a moment 
ago. He correctly pointed out that a third of the employees of the 
House had been let go as a cost savings measure.
  I would point out to the gentleman I put a bill in that would reduce 
the size of the House of Representatives by one-third, and perhaps he 
would like to join me in that legislation.
  Mr. Speaker, in my view the reform of the House of Representatives 
ought not to be a partisan issue. On the very first day of this session 
I was pleased to stand at this microphone and join with my colleague 
the gentleman from Connecticut [Mr. Shays], as we fought in a 
bipartisan manner for the passage and ultimately the enactment of the 
Congressional Accountability Act, repealing the exemptions that Members 
of Congress had given themselves going back almost six decades of 
American history.
  Similarly I was pleased to support the honorable and I think 
farsighted effort of my colleague, the gentlewoman from Utah [Mrs. 
Waldholtz], in her effort to bring to the floor a bill that would for 
the first time really enact meaningful gift ban legislation.
  But today, Mr. Speaker, I am extremely pleased to stand with my 
colleagues, the gentleman from Texas [Mr. Bryant] and the gentleman 
from California [Mr. Fazio] as we attempt to move forward the issue of 
lobbying disclosure reform.
  If we defeat the previous question, we will have the opportunity to 
attach to this bill language previously passed in the United States 
Senate on the vitally important issue of lobbying disclosure.
  Let me take a moment, Mr. Speaker, if I may, to point out exactly 
what it is we are trying to pass today. H.R. 2268, which would be 
attached to this bill, clearly defines a lobbyist as anyone who spends 
at least 20 percent of his time lobbying Members of Congress, 
congressional staffs, Presidential and other political appointees in 
the executive branch on any topic or any executive branch official on 
congressional issues. Registration requirements would apply to those 
lobbyists who receive at least $5,000 from any client in a 6-month 
period and those companies that use in-house lobbyists and spend at 
least $20,000 in a 6-month period of time on lobbying activities. 
Lobbyists will register semiannually with the Clerk of the House, the 
Secretary of the Senate, and violations of the law will be referred to 
the U.S. attorney who can seek fines up to $50,000.
  Let us be clear, Mr. Speaker. The vote that we will take in the next 
few minutes is a litmus test for reformers. Those who are satisfied 
with the current deficient law will vote for the previous question. 
Those of us who believe in a bipartisan manner that you can vote twice 
for a good piece of legislation, you can today defeat the previous 
question and on or after November 16 support any additional legislation 
that might be brought to the floor, will vote ``no.''
  Today we have an opportunity to make a difference. Just as the 
gentleman from Connecticut [Mr. Shays] made a difference in January, 
just as the gentlewoman from Utah [Mrs. Waldholtz] is attempting to 
move forward the issue of gift ban legislation, today, Mr. Speaker, we 
can vote ``no'' on the previous question and guarantee that those paid 
professional lobbyists, who on a daily basis attempt to influence the 
content of legislation, will continue to pursue their advocacy but will 
reveal that advocacy and its cost to the American people.
  I urge a ``no'' vote on the previous question.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 4 minutes to the gentleman from 
Florida [Mr. Goss], my distinguished colleague on the Committee on 
Rules.
  (Mr. GOSS asked and was given permission to revise and extend his 
remarks.)
  Mr. GOSS. Mr. Speaker, I thank my friend from Florida, Mr. Diaz-
Balart, for yielding me this time and I commend him for his persistence 
in bringing this good, fiscally responsible bill to the floor for a 
second time. We are here today, doing deja-vu all over again, because 
the President apparently chose to use this bill as a soapbox upon which 
to seek political points rather than exercising sound leadership on 
matters of fiscal responsibility.
  The President vetoed this bill not because he opposed it--he did not. 
In fact, the President said he would sign the exact same bill--some 
other time. And so, we will send him the exact same bill, with a new 
number on it and on a different day, with the hope that the political 
winds blow in the right direction this time around.
  Mr. Speaker, many of our friends on the other side of the aisle have 
assured us that they do not agree with the President's decision to veto 
the legislative branch funding bill. Nonetheless, judging by our Rules 
Committee meeting and floor tactics since then, some of our Democrat 
colleagues have appeared somewhat gleeful at the opportunity to re-run 
the debate on lobby and gift reform. Those matters are very important--
and in fact, will be on 

[[Page H11473]]

this floor for debate and vote on or before November 16, that is, in a 
few short weeks. This was the commitment given on Friday by our 
majority leader, and I have every confidence that commitment will be 
met.
  Mr. Armey has tasked our Rules Committee with reviewing the gift 
rules adopted in the other body, with an eye to strengthening and 
improving them. And our Rules Committee has plans to move forward this 
week and next in completing that assignment.
  As a member of both committees with jurisdiction over gift reform--
that is, the Ethics Committee and the Rules Committee--I am keenly 
interested in tightening up our rules to improve our credibility with 
the American people and to better ensure transparency and fair play 
inside the beltway.
  In my office, we accept no gifts and no travel, regardless of who 
pays for it, not because we can be bought, but because the gray areas 
involving gifts do cause concern among the people I represent. In fact, 
I believe that most Members are seeking greater clarity and guidance 
than currently exist in our rules on this subject.
  Mr. Speaker, given the commitment we have received from our 
leadership, this attempt to attach a non-germane item to the 
legislative branch funding bill--which has no bearing on House rules--
appears a bit mischievous, designed perhaps to score a few political 
points. I hope Members recognize the tremendous changes that are being 
implemented by this new majority--and gift reform will be among them by 
the time the record books of the 1st session of the 104th Congress are 
written.
  Mr. FAZIO of California. Mr. Speaker, will the gentleman yield?
  Mr. GOSS. I yield to the distinguished gentleman from California.
  Mr. FAZIO of California. Mr. Speaker, I take the gentleman at his 
word. I am sure he has his own standards in his office as I do. I think 
we both could agree, though, that the fastest way and the fairest way 
to accomplish our mutual goals of upgrading the standards we all have 
to live by would be to take the two pieces of legislation that passed 
through the Senate and send them on to the President without getting 
into the complexity of amendments, which I understand the gentleman 
from Texas [Mr. Armey] referred to in his comments the other day which 
have the effect of only impeding our progress and perhaps weakening the 
bill.
  Mr. GOSS. Reclaiming the time, I would simply say to the 
distinguished gentleman that we are reviewing that very possibility 
among other possibilities. We want to get a better outcome than the 
Senate has had. I like what the Senate has done. I do not think it is 
enough. I happen to have more stringent rules in my own office. I think 
many of us do. In the meantime, any Member who is concerned on this 
subject, of course, has the opportunity to self-exercise his or her own 
rules as long a they are more stringent than the rules of the House.
  Mr. FROST. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Massachusetts [Mr. Olver].
  (Mr. OLVER asked and was given permission to revise and extend his 
remarks.)
  Mr. OLVER. Mr. Speaker, pass the gift ban and lobbying reform.
  In a spectacular display of re-writing history, Speaker Gingrich 
claimed that ``when the Democrats controlled Congress, every effort at 
political reform failed.''
  But last Congress, the Democratic House passed lobbying and gift ban 
reform. The bill was killed by two Republican filibusters in the 
Senate.
  And, according to Congressional Quarterly, it was Newt Gingrich 
himself who blocked these reforms in the House.
  Now that they are in the majority, it seems they like their perks, 
loopholes, and cushy lobbyist ties too much to give them up.
  Back in January, Speaker Gingrich called Democratic attempts to ban 
gifts pathetically partisan. Ten months later he is still stonewalling. 
Even the Senate has unanimously passed both lobby disclosure and the 
gift ban--4 months ago!
  No more excuses. No more delays. Defeat this rule. Pass lobbying 
disclosure and a gift ban now.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Connecticut [Ms. DeLauro].
  Ms. DeLAURO. Mr. Speaker, I rise in opposition to this rule. Congress 
must begin to restore the credibility to this institution by passing 
strong measures to ban gifts to Members of Congress and staff and to 
prevent undue influence by special interest lobbyists.
  Four times this session Democrats have tried to pass gift ban and 
lobby reform legislation. We have tried to force vote after vote to do 
what is right. It seems that we are dragging our Republican colleagues 
kicking and screaming toward these reforms that are needed to restore 
the integrity of this Congress.
  In fact, Republicans pulled a bill from the floor last week that 
would have banned gifts and would have forced lobbyists to disclose 
their sources of income. What are my colleagues on the other side of 
the aisle afraid of?
  The Republicans said that they would schedule a vote sometime in the 
future on these important issues. But why wait? Let us start today. Let 
us pass the gift ban and lobby reform bills that have been passed by 
the Senate, get them to the President for his signature, and send a 
message to the American people that we listened to their call for 
honest and open Government.
  The Republican leadership is stalling and plans to water down the 
legislation. We have already heard talk of continuing the all-expense-
paid Government vacation for Members of Congress. A bill that protects 
these perks, the golf players' perks, is a hole-in-one for the 
lobbyists and a double bogey for the American public.
  Let us pass a tough gift-ban bill and lobby-reform bill, and let us 
do it today. Let us not wait for some God-forsaken day or some middle-
of-the-night event where nothing will happen. Let us get rid of the 
golf perks in this body.
  Mr. DIAZ-BALART. Mr. Speaker, as a Member of Congress who has never 
played golf and really has no intention of ever doing so, I yield 7\1/
2\ minutes to the gentlewoman from Utah [Mrs. Waldholtz], a 
distinguished member of this House who has worked tirelessly since 
arriving here for genuine reform, and not political posturing.

                              {time}  1115

  Mrs. WALDHOLTZ. Mr. Speaker, I was sitting in the Committee on Rules 
trying to do my duty, attending my committee meeting, when my ears 
started burning. I understand my name was made reference to a number of 
times during the debate, at least the bill I have sponsored.
  Mr. Speaker, I think it is very important that we talk candidly about 
the political theater that is going on the floor this morning. For 40 
years the other party has been in charge of this House. For 40 years 
they had the ability to set the standards of conduct in this Congress. 
For 40 years they resisted efforts to make substantive change that this 
Congress made on the first day that we were sworn in.
  Mr. Speaker, the first day this Congress was sworn in we did away 
with proxy voting so that we all actually have to go and in person cast 
our votes in committee instead of handing them by proxy to someone else 
who can vote for us while we ignore our committee responsibilities. The 
first day this Congress was sworn in, Mr. Speaker, we cut committee 
staffs by a third. We limited the terms of committee chairmen so the 
fiefdoms that had grown up in this Congress, giving extraordinary power 
to a select few, all of the opposition party, was broken up, again, Mr. 
Speaker, for the first time certainly since the other side had 
controlled this Congress for 40 years. For the first time, Mr. Speaker, 
the first day this Congress was sworn in we passed an act that will 
make this Congress have to live by the same employment laws that it 
passes for the rest of the country, the Shays Act, the Congressional 
Accountability Act.
  Mr. Speaker, those are extraordinary reforms that the other side 
could have done when they were in control and chose not to. Mr. 
Speaker, we are not done with the reform process. We had a few 
intervening items of business to take care of, like balancing the 
budget of the United States in 7 years, like reforming the Medicare 
System so it would actually be here in 7 years instead of allowing it 
to go into bankruptcy which would have happened undoubtedly, Mr. 
Speaker, without the action of this House over the last several months. 
And, Mr. Speaker, we had to take care of those items.

[[Page H11474]]

  I would have preferred that we would have dealt with gift ban and 
lobbying reform earlier, but we had important work to do. We did it. 
And the very next day after passing the 7-year plan to balance 
the budget of this Nation, the leadership of the Republican Party 
stepped forward to announce a date certain, not some date off in the 
future, a date certain we will vote on gift ban and lobbying reform, on 
or before November 16. Why are we waiting until then, Mr. Speaker? To 
allow the Members of this body to make whatever suggestions they think 
are necessary to improve upon the work of the Senate.

  There have been statements made that it is a mistake to change what 
the Senate did, because it will have to go back to the Senate for 
revoting. That is true on lobbying reform. I do not think that is the 
case or that is a case to be made for not improving a bill if we think 
it can be improved, and if we can improve the lobbying bill, we should 
do so and send it back to the Senate and invite our colleagues in the 
other body to join with us in improving that legislation.
  But, and this is critical, Mr. Speaker, the gift-ban legislation that 
I have proposed is a change to the rules of the House of 
Representatives. It does not require the assent of the Senate. It does 
not require the approval of the President. Whatever we decide as a body 
to do with respect to improving and tightening the rules with respect 
to gift-ban legislation we can pass in this House and make effective 
without any action by anybody else.
  So, Mr. Speaker, I think it is important that we allow the Members of 
this body the opportunity to step forward with ideas that they have to 
improve this legislation, because as I said last week, Mr. Speaker, I 
am not so vain as to believe that any bill is perfect simply because it 
has my name as the sponsor on it, and I am eager to listen to the ideas 
of my colleagues and how they think this bill can be improved. Let me 
just make reference, Mr. Speaker, to what happened most recently the 
last time this House took up gift-ban legislation. Mr. Speaker, the 
bipartisan task force on reform in 1989, gave us the current gift ban 
or gift rule that is in effect. At that time they raised gifts, the 
level for exempt gifts, from $35 to $75, plus they added a measure to 
account for inflation. That is what the opposition gave us when they 
took up this legislation when they were in control of this body.
  Now why did they kick it up so high? Well, at the time the floor 
debate was that it was because of inflation. We were told at that time 
on the floor the debate was centered on the fact it was to account for 
inflation. I understand the word, Member-to-Member, was passed at the 
time it was because of greens fees. Mr. Speaker, I do not golf. I do 
not like golf. But if I decided to take up the hobby, I certainly 
intend to pay for it myself.
  This gift-ban legislation is good, strong legislation. This body 
deserves the opportunity to have hearings on it, to bring it to the 
floor for discussion, and then to have a vote.
  I am proud to support my leadership who have made the commitment to 
voting on these very critical issues on or before November 16. That is 
how the legislative process should work, Mr. Speaker. What we are 
seeing today is political theater, and the American people should not 
be fooled.
  Mr. BRYANT of Texas. Mr. Speaker, will the gentlewoman yield?
  Mrs. WALDHOLTZ. I yield to the gentleman from Texas.
  Mr. BRYANT of Texas. I would just like to ask the gentlewoman if she 
is aware the coalition you are a member of, testified before the 
Constitutional Law Subcommittee 2 months ago, we ought not to deal with 
any amendments, we ought to take the Senate rules up, which is what I 
introduced and you introduced, immediately.
  My question is, You now want to entertain the possibility people can 
come forward and weaken Senate rules so Members can play free golf, as 
the gentleman from Texas [Mr. Armey] suggested might be in order?
  Mrs. WALDHOLTZ. I was at the press conference. I will simply say the 
gentleman from Texas [Mr. Armey] did not suggest free golf was in 
order. What I am saying, Mr. Speaker, is we should respect the 
opportunity that has been established through the committee structure 
of this House to allow Members the opportunity. This body deserves the 
opportunity to follow the committee structure for hearings and 
amendment and debate, and I believe these bills will be strengthened, 
if changed, not weakened.
  Mr. FROST. Mr. Speaker, I yield myself 30 seconds. I would only point 
out to the gentlewoman that in 1989 the bipartisan committee that 
handled these matters was exactly evenly divided between Democrats and 
Republicans. The Vice Chair was the gentlelady from Illinois. Mrs. 
Martin. The reforms of 1989 were done on a bipartisan basis which she 
decries now.
  The only other point I would make is we have a situation that this is 
manana, manana, always the next day, always the next week.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from New York 
[Mrs. Maloney].
  Mrs. MALONEY. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, before us today is not political theater, as the 
gentlewoman suggested, but a clear opportunity to vote for gift and 
lobbying disclosure reform that is exactly like the Senate so it will 
be passed and sign into law.
  Let me first stress that this has been a bipartisan fight. There are 
many Republicans like the gentlewoman from Washington [Mrs. Smith], the 
gentleman from Connecticut [Mr. Shays] who have courageously taken on 
their own leadership to convince them to do the right thing, and the 
right thing is to take these relatively small steps forward to clean 
our own House.
  It has been 142 days since the Speaker shook hands with the President 
in New Hampshire and pledged to act on lobbying reform and campaign 
finance reform. I cannot understand why the Republican leadership, 
which took only 100 days to pass the Contract With America, has waited 
142 days and still has not fulfilled the commitment of the Speaker's 
handshake.
  Mr. Speaker, today it is time to turn the promise of a handshake into 
the reality of law, and we certainly do not have to wait 16 days until 
the arbitrary November 16 date of the gentleman from Texas [Mr. Armey].
  The proposal before us is not earth-shattering reform. The House has 
passed an even tougher reform bill twice in the last Congress, and the 
package is identical to the legislation overwhelmingly passed by the 
Senate.
  Is it too much to ask Members to pay for meals over $50?
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from 
Wisconsin [Mr. Obey].
  Mr. OBEY. Mr. Speaker, I have been at the center of virtually every 
reform movement that has occurred in this House since the day I got 
here, limiting outside income, stopping the practicing of law on the 
side, financial disclosure requirements, you name it. I have done it 
all, because I believe deeply that this institution cannot afford to be 
in a situation in which it does not have the absolute faith and 
confidence of the American people. We simply cannot afford to have the 
public witness year after year after year television exposes of Members 
on lobbyists' paid golfing vacations and other trips like that. We have 
to put an end to that.
  This is the right bill to use in order to do just that. I urge you to 
vote against the rule. I urge you to support the leadership of the 
gentleman from California and the gentleman from Texas [Mr. Bryant] and 
finally end this insider schmoozing which is bringing so much discredit 
to this institution.
  Mr. FROST. Mr. Speaker, I yield myself 30 seconds.
  (Mr. FROST asked and was given permission to revise and extend his 
remarks and to include extraneous material.)
  Mr. FROST. Mr. Speaker, if the previous question is defeated, we will 
offer an amendment to the rule that will add two new titles to the 
bill. The first will incorporate the text of H.R. 2268, the bill 
offered by the gentleman from Pennsylvania [Mr. McHale], and the second 
one incorporates the text of H.R. 214, the bill offered by the 
gentlewoman from Utah [Mrs. Waldholtz], relating to gift reform.
  I am including the amendment to the rule and the text of the lobbying 
reform and gift ban proposals at this point in the Record.

[[Page H11475]]


  Amendment to H. Res. 239, as Reported, Offered by Mr. Frost of Texas

       At the end of the resolution, add the following:
       Immediately upon the adoption of this resolution, there 
     shall be considered as adopted in the House an amendment 
     adding as new titles at the end of the bill (H.R. 2492) the 
     texts of H. Res. 214 (relating to gift reform) and H.R. 2268 
     (relating to lobbying disclosure), as introduced in the House 
     on September 6, 1995, but excluding sections 16 through 23 of 
     H.R. 2268.
                                                                    ____


    Amendment to H. Res. 239, as Reported, Offered by Mr. Fazio of 
                               California

                         TITLE IV--GIFT REFORM


                        amendment to house rules

       Sec. 401. Clause 4 of rule XLIII of the Rules of the House 
     of Representatives is amended to read as follows:
       ``4. (a)(1) No Member, officer, or employee of the House of 
     Representatives shall knowingly accept a gift except as 
     provided in this rule.
       ``(2) A Member, officer, or employee may accept a gift 
     (other than cash or cash equivalent) which the Member, 
     officer, or employee reasonably and in good faith believes to 
     have a value of less than $50, and a cumulative value from 
     one source during a calendar year of less than $100. No gift 
     with a value below $10 shall count toward the $100 annual 
     limit. No formal recordkeeping is required by this paragraph, 
     but a Member, officer, or employee shall make a good faith 
     effort to comply with this paragraph.
       ``(b)(1) For the purpose of this rule, the term `gift' 
     means any gratuity, favor, discount, entertainment, 
     hospitality, loan, forbearance, or other item having monetary 
     value. The term includes gifts of services, training, 
     transportation, lodging, and meals, whether provided in kind, 
     by purchase of a ticket, payment in advance, or reimbursement 
     after the expense has been incurred.
       ``(2)(A) A gift to a family member of a Member, officer, or 
     employee, or a gift to any other individual based on that 
     individual's relationship with the Member, officer, or 
     employee, shall be considered a gift to the Member, officer, 
     or employee if it is given with the knowledge and 
     acquiescence of the Member, officer, or employee and the 
     Member, officer, or employee has reason to believe the gift 
     was given because of the official position of the Member, 
     officer, or employee.
       ``(B) If food or refreshment is provided at the same time 
     and place to both a Member, officer, or employee and the 
     spouse or dependent thereof, only the food or refreshment 
     provided to the Member, officer, or employee shall be treated 
     as a gift for purposes of this rule.
       ``(c) The restrictions in subparagraph (a) shall not apply 
     to the following:
       ``(1) Anything for which the Member, officer, or employee 
     pays the market value, or does not use and promptly returns 
     to the donor.
       ``(2) A contribution, as defined in the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
     made under that Act, or attendance at a fundraising event 
     sponsored by a political organization described in section 
     527(e) of the Internal Revenue Code of 1986.
       ``(3) A gift from a relative as described in section 107(2) 
     of title I of the Ethics in Government Act of 1978 (Public 
     Law 95-521).
       ``(4)(A) Anything provided by an individual on the basis of 
     a personal friendship unless the Member, officer, or employee 
     has reason to believe that, under the circumstances, the gift 
     was provided because of the official position of the Member, 
     officer, or employee and not because of the personal 
     friendship.
       ``(B) In determining whether a gift is provided on the 
     basis of personal friendship, the Member, officer, or 
     employee shall consider the circumstances under which the 
     gift was offered, such as:
       ``(i) The history of the relationship between the 
     individual giving the gift and the recipient of the gift, 
     including any previous exchange of gifts between such 
     individuals.
       ``(ii) Whether to the actual knowledge of the Member, 
     officer, or employee the individual who gave the gift 
     personally paid for the gift or sought a tax deduction or 
     business reimbursement for the gift.
       ``(iii) Whether to the actual knowledge of the Member, 
     officer, or employee the individual who gave the gift also at 
     the same time gave the same or similar gifts to other 
     Members, officers, or employees.
       ``(5) A contribution or other payment to a legal expense 
     fund established for the benefit of a Member, officer, or 
     employee, that is otherwise lawfully made, subject to the 
     disclosure requirements of the Committee on Standards of 
     Official Conduct, except as provided in paragraph 3(c).
       ``(6) Any gift from another Member, officer, or employee of 
     the Senate or the House of Representatives.
       ``(7) Food, refreshments, lodging, and other benefits--
       ``(A) resulting from the outside business or employment 
     activities (or other outside activities that are not 
     connected to the duties of the Member, officer, or employee 
     as an officeholder) of the Member, officer, or employee, or 
     the spouse of the Member, officer, or employee, if such 
     benefits have not been offered or enhanced because of the 
     official position of the Member, officer, or employee and are 
     customarily provided to others in similar circumstances;
       ``(B) customarily provided by a prospective employer in 
     connection with bona fide employment discussions; or
       ``(C) provided by a political organization described in 
     section 527(e) of the Internal Revenue Code of 1986 in 
     connection with a fundraising or campaign event sponsored by 
     such an organization.
       ``(8) Pension and other benefits resulting from continued 
     participation in an employee welfare and benefits plan 
     maintained by a former employer.
       ``(9) Informational materials that are sent to the office 
     of the Member, officer, or employee in the form of books, 
     articles, periodicals, other written materials, audiotapes, 
     videotapes, or other forms of communication.
       ``(10) Awards or prizes which are given to competitors in 
     contests or events open to the public, including random 
     drawings.
       ``(11) Honorary degrees (and associated travel, food, 
     refreshments, and entertainment) and other bona fide, 
     nonmonetary awards presented in recognition of public service 
     (and associated food, refreshments, and entertainment 
     provided in the presentation of such degrees and awards).
       ``(12) Donations of products from the State that the Member 
     represents that are intended primarily for promotional 
     purposes, such as display or free distribution, and are of 
     minimal value to any individual recipient.
       ``(13) Training (including food and refreshments furnished 
     to all attendees as an integral part of the training) 
     provided to a Member, officer, or employee, if such training 
     is in the interest of the House of Representatives.
       ``(14) Bequests, inheritances, and other transfers at 
     death.
       ``(15) Any item, the receipt of which is authorized by the 
     Foreign Gifts and Decorations Act, the Mutual Educational and 
     Cultural Exchange Act, or any other statute.
       ``(16) Anything which is paid for by the Federal 
     Government, by a State or local government, or secured by the 
     Government under a Government contract.
       ``(17) A gift of personal hospitality (as defined in 
     section 109(14) of the Ethics in Government Act) of an 
     individual other than a registered lobbyist or agent of a 
     foreign principal.
       ``(18) Free attendance at a widely attended event permitted 
     pursuant to subparagraph (d).
       ``(19) Opportunities and benefits which are--
       ``(A) available to the public or to a class consisting of 
     all Federal employees, whether or not restricted on the basis 
     of geographic consideration;
       ``(B) offered to members of a group or class in which 
     membership is unrelated to congressional employment;
       ``(C) offered to members of an organization, such as an 
     employees' association or congressional credit union, in 
     which membership is related to congressional employment and 
     similar opportunities are available to large segments of the 
     public through organizations of similar size;
       ``(D) offered to any group or class that is not defined in 
     a manner that specifically discriminates among Government 
     employees on the basis of branch of Government or type of 
     responsibility, or on a basis that favors those of higher 
     rank or rate of pay;
       ``(E) in the form of loans from banks and other financial 
     institutions on terms generally available to the public; or
       ``(F) in the form of reduced membership or other fees for 
     participation in organization activities offered to all 
     Government employees by professional organizations if the 
     only restrictions on membership relate to professional 
     qualifications.
       ``(20) A plaque, trophy, or other item that is 
     substantially commemorative in nature and which is intended 
     solely for presentation.
       ``(21) Anything for which, in an unusual case, a waiver is 
     granted by the Committee on Standards of Official Conduct.
       ``(22) Food or refreshments of a nominal value offered 
     other than as a part of a meal.
       ``(23) An item of little intrinsic value such as a greeting 
     card, baseball cap, or a T-shirt.
       ``(d)(1) A Member, officer, or employee may accept an offer 
     of free attendance at a widely attended convention, 
     conference, symposium, forum, panel discussion, dinner, 
     viewing, reception, or similar event, provided by the sponsor 
     of the event, if--
       ``(A) the Member, officer, or employee participates in the 
     event as a speaker or a panel participant, by presenting 
     information related to Congress or matters before Congress, 
     or by performing a ceremonial function appropriate to the 
     Member's, officer's, or employee's official position; or
       ``(B) attendance at the event is appropriate to the 
     performance of the official duties or representative function 
     of the Member, officer, or employee.
       ``(2) A Member, officer, or employee who attends an event 
     described in clause (1) may accept a sponsor's unsolicited 
     offer of free attendance at the event for an accompanying 
     individual if others in attendance will generally be 
     similarly accompanied or if such attendance is appropriate to 
     assist in the representation of the House of Representatives.
       ``(3) A Member, officer, or employee, or the spouse or 
     dependent thereof, may accept a sponsor's unsolicited offer 
     of free attendance at a charity event, except that 
     reimbursement for transportation and lodging may not be 
     accepted in connection with an event that does not meet the 
     standards provided in paragraph 2.

[[Page H11476]]

       ``(4) For purposes of this paragraph, the term `free 
     attendance' may include waiver of all or part of a conference 
     or other fee, the provision of local transportation, or the 
     provision of food, refreshments, entertainment, and 
     instructional materials furnished to all attendees as an 
     integral part of the event. The term does not include 
     entertainment collateral to the event, nor does it include 
     food or refreshments taken other than in a group setting with 
     all or substantially all other attendees.
       ``(e) No Member, officer, or employee may accept a gift the 
     value of which exceeds $250 on the basis of the personal 
     friendship exception in subparagraph (c)(4) unless the 
     Committee on Standards of Official Conduct issues a written 
     determination that such exception applies. No determination 
     under this subparagraph is required for gifts given on the 
     basis of the family relationship exception.
       ``(f) When it is not practicable to return a tangible item 
     because it is perishable, the item may, at the discretion of 
     the recipient, be given to an appropriate charity or 
     destroyed.
       ``(g)(1) A reimbursement (including payment in kind) to a 
     Member, officer, or employee from an individual other than a 
     registered lobbyist or agent of a foreign principal for 
     necessary transportation, lodging and related expenses for 
     travel to a meeting, speaking engagement, factfinding trip or 
     similar event in connection with the duties of the Member, 
     officer, or employee as an officeholder shall be deemed to be 
     a reimbursement to the House of Representatives and not a 
     gift prohibited by this rule, if the Member, officer, or 
     employee--
       ``(A) in the case of an employee, receives advance 
     authorization, from the Member or officer under whose direct 
     supervision the employee works, to accept reimbursement, and
       ``(B) discloses the expenses reimbursed or to be reimbursed 
     and the authorization to the Clerk of the House of 
     Representatives within 30 days after the travel is completed.
       ``(2) For purposes of clause (1), events, the activities of 
     which are substantially recreational in nature, shall not be 
     considered to be in connection with the duties of a Member, 
     officer, or employee as an officeholder.
       ``(h) Each advance authorization to accept reimbursement 
     shall be signed by the Member or officer under whose direct 
     supervision the employee works and shall include--
       ``(1) the name of the employee;
       ``(2) the name of the person who will make the 
     reimbursement;
       ``(3) the time, place, and purpose of the travel; and
       ``(4) a determination that the travel is in connection with 
     the duties of the employee as an officeholder and would not 
     create the appearance that the employee is using public 
     office for private gain.
       ``(i) Each disclosure made under subparagraph (g)(1) of 
     expenses reimbursed or to be reimbursed shall be signed by 
     the Member or officer (in the case of travel by that Member 
     or officer) or by the Member or officer under whose direct 
     supervision the employee works (in the case of travel by an 
     employee) and shall include--
       ``(1) a good faith estimate of total transportation 
     expenses reimbursed or to be reimbursed;
       ``(2) a good faith estimate of total lodging expenses 
     reimbursed or to be reimbursed;
       ``(3) a good faith estimate of total meal expenses 
     reimbursed or to be reimbursed;
       ``(4) a good faith estimate of the total of other expenses 
     reimbursed or to be reimbursed;
       ``(5) a determination that all such expenses are necessary 
     transportation, lodging, and related expenses as defined in 
     this paragraph; and
       ``(6) in the case of a reimbursement to a Member or 
     officer, a determination that the travel was in connection 
     with the duties of the Member or officer as an officeholder 
     and would not create the appearance that the Member or 
     officer is using public office for private gain.
       ``(j) For the purposes of this paragraph, the term 
     `necessary transportation, lodging, and related expenses'--
       ``(1) includes reasonable expenses that are necessary for 
     travel for a period not exceeding 3 days exclusive of travel 
     time within the United States or 7 days exclusive of travel 
     time outside of the United States unless approved in advance 
     by the Committee on Standards of Official Conduct;
       ``(2) is limited to reasonable expenditures for 
     transportation, lodging, conference fees and materials, and 
     food and refreshments, including reimbursement for necessary 
     transportation, whether or not such transportation occurs 
     within the periods described in clause (1);
       ``(3) does not include expenditures for recreational 
     activities, nor does it include entertainment other than that 
     provided to all attendees as an integral part of the event, 
     except for activities or entertainment otherwise permissible 
     under this rule; and
       ``(4) may include travel expenses incurred on behalf of 
     either the spouse or a child of the Member, officer, or 
     employee, subject to a determination signed by the Member or 
     officer (or in the case of an employee, the Member or officer 
     under whose direct supervision the employee works) that the 
     attendance of the spouse or child is appropriate to assist in 
     the representation of the House of Representatives.
       ``(k) The Clerk of the House of Representatives shall make 
     available to the public all advance authorizations and 
     disclosures of reimbursement filed pursuant to subparagraph 
     (a) as soon as possible after they are received.
       ``(l) A gift prohibited by subparagraph (a) includes the 
     following:
       ``(1) Anything provided by a registered lobbyist or an 
     agent of a foreign principal to an entity that is maintained 
     or controlled by a Member, officer, or employee.
       ``(2) A charitable contribution (as defined in section 
     170(c) of the Internal Revenue Code of 1986) made by a 
     registered lobbyist or an agent of a foreign principal on the 
     basis of a designation, recommendation, or other 
     specification of a Member, officer, or employee (not 
     including a mass mailing or other solicitation directed to a 
     broad category of persons or entities), other than a 
     charitable contribution permitted by subparagraph (p).
       ``(3) A contribution or other payment by a registered 
     lobbyist or an agent of a foreign principal to a legal 
     expense fund established for the benefit of a Member, 
     officer, or employee.
       ``(4) A financial contribution or expenditure made by a 
     registered lobbyist or an agent of a foreign principal 
     relating to a conference, retreat, or similar event, 
     sponsored by or affiliated with an official congressional 
     organization, for or on behalf of Members, officers, or 
     employees.
       ``(m) A charitable contribution (as defined in section 
     170(c) of the Internal Revenue Code of 1986) made by a 
     registered lobbyist or an agent of a foreign principal in 
     lieu of an honorarium to a Member, officer, or employee shall 
     not be considered a gift under this rule if it is reported as 
     provided in subparagraph (b).
       ``(n) A Member, officer, or employee who designates or 
     recommends a contribution to a charitable organization in 
     lieu of honoraria described in subparagraph (a) shall report 
     within 30 days after such designation or recommendation to 
     the Clerk of the House of Representatives--
       ``(1) the name and address of the registered lobbyist who 
     is making the contribution in lieu of honoraria;
       ``(2) the date and amount of the contribution; and
       ``(3) the name and address of the charitable organization 
     designated or recommended by the Member.

     The Clerk of the House of Representatives shall make public 
     information received pursuant to this subparagraph as soon as 
     possible after it is received.
       ``(o) For purposes of this rule--
       ``(1) the term `registered lobbyist' means a lobbyist 
     registered under the Federal Regulation of Lobbying Act or 
     any successor statute; and
       ``(2) the term `agent of a foreign principal' means an 
     agent of a foreign principal registered under the Foreign 
     Agents Registration Act.
       ``(p) All the provisions of this rule shall be interpreted 
     and enforced solely by the Committee on Standards of Official 
     Conduct. The Committee on Standards of Official Conduct is 
     authorized to issue guidance on any matter contained in this 
     rule.''.


                             effective date

       Sec. 402. This title and the amendment made by this title 
     shall take effect on and be effective for calendar years 
     beginning on January 1, 1996.

                      TITLE V--LOBBYING DISCLOSURE


                              short title

       Sec. 501. This title may be cited as the ``Lobbying 
     Disclosure Act of 1995''.


                                findings

       Sec. 502. The Congress finds that--
       (1) responsible representative Government requires public 
     awareness of the efforts of paid lobbyists to influence the 
     public decisionmaking process in both the legislative and 
     executive branches of the Federal Government;
       (2) existing lobbying disclosure statutes have been 
     ineffective because of unclear statutory language, weak 
     administrative and enforcement provisions, and an absence of 
     clear guidance as to who is required to register and what 
     they are required to disclose; and
       (3) the effective public disclosure of the identity and 
     extent of the efforts of paid lobbyists to influence Federal 
     officials in the conduct of Government actions will increase 
     public confidence in the integrity of Government.


                              definitions

       Sec. 503. As used in this title:
       (1) Agency.--The term ``agency'' has the meaning given that 
     term in section 551(1) of title 5, United States Code.
       (2) Client.--The term ``client'' means any person or entity 
     that employs or retains another person for financial or other 
     compensation to conduct lobbying activities on behalf of that 
     person or entity. A person or entity whose employees act as 
     lobbyists on its own behalf is both a client and an employer 
     of such employees. In the case of a coalition or association 
     that employs or retains other persons to conduct lobbying 
     activities, the client is the coalition or association and 
     not its individual members.
       (3) Covered executive branch official.--The term ``covered 
     executive branch official'' means--
       (A) the President;

[[Page H11477]]

       (B) the Vice President;
       (C) any officer or employee, or any other individual 
     functioning in the capacity of such an officer or employee, 
     in the Executive Office of the President;
       (D) any officer or employee serving in a position in level 
     I, II, III, IV, or V of the Executive Schedule, as designated 
     by statute or Executive order;
       (E) any member of the uniformed services whose pay grade is 
     at or above O-7 under section 201 of title 37, United States 
     Code; and
       (F) any officer or employee serving in a position of a 
     confidential, policy-determining, policy-making, or policy-
     advocating character described in section 7511(b)(2) of title 
     5, United States Code.
       (4) Covered legislative branch official.--The term 
     ``covered legislative branch official'' means--
       (A) a Member of Congress;
       (B) an elected officer of either House of Congress;
       (C) any employee of, or any other individual functioning in 
     the capacity of an employee of--
       (i) a Member of Congress;
       (ii) a committee of either House of Congress;
       (iii) the leadership staff of the House of Representatives 
     or the leadership staff of the Senate;
       (iv) a joint committee of Congress; and
       (v) a working group or caucus organized to provide 
     legislative services or other assistance to Members of 
     Congress; and
       (D) any other legislative branch employee serving in a 
     position described under section 109(13) of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.).
       (5) Employee.--The term ``employee'' means any individual 
     who is an officer, employee, partner, director, or proprietor 
     of a person or entity, but does not include--
       (A) independent contractors; or
       (B) volunteers who receive no financial or other 
     compensation from the person or entity for their services.
       (6) Foreign entity.--The term ``foreign entity'' means a 
     foreign principal (as defined in section 1(b) of the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 611(b)).
       (7) Lobbying activities.--The term ``lobbying activities'' 
     means lobbying contacts and efforts in support of such 
     contacts, including preparation and planning activities, 
     research and other background work that is intended, at the 
     time it is performed, for use in contacts, and coordination 
     with the lobbying activities of others.
       (8) Lobbying contact.--
       (A) Definition.--The term ``lobbying contact'' means any 
     oral or written communication (including an electronic 
     communication) to a covered executive branch official or a 
     covered legislative branch official that is made on behalf of 
     a client with regard to--
       (i) the formulation, modification, or adoption of Federal 
     legislation (including legislative proposals);
       (ii) the formulation, modification, or adoption of a 
     Federal rule, regulation, Executive order, or any other 
     program, policy, or position of the United States Government;
       (iii) the administration or execution of a Federal program 
     or policy (including the negotiation, award, or 
     administration of a Federal contract, grant, loan, permit, or 
     license); or
       (iv) the nomination or confirmation of a person for a 
     position subject to confirmation by the Senate.
       (B) Exceptions.--The term ``lobbying contact'' does not 
     include a communication that is--
       (i) made by a public official acting in the public 
     official's official capacity;
       (ii) made by a representative of a media organization if 
     the purpose of the communication is gathering and 
     disseminating news and information to the public;
       (iii) made in a speech, article, publication or other 
     material that is distributed and made available to the 
     public, or through radio, television, cable television, or 
     other medium of mass communication;
       (iv) made on behalf of a government of a foreign country or 
     a foreign political party and disclosed under the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
       (v) a request for a meeting, a request for the status of an 
     action, or any other similar administrative request, if the 
     request does not include an attempt to influence a covered 
     executive branch official or a covered legislative branch 
     official;
       (vi) made in the course of participation in an advisory 
     committee subject to the Federal Advisory Committee Act;
       (vii) testimony given before a committee, subcommittee, or 
     task force of the Congress, or submitted for inclusion in the 
     public record of a hearing conducted by such committee, 
     subcommittee, or task force;
       (viii) information provided in writing in response to an 
     oral or written request by a covered executive branch 
     official or a covered legislative branch official for 
     specific information;
       (ix) required by subpoena, civil investigative demand, or 
     otherwise compelled by statute, regulation, or other action 
     of the Congress or an agency;
       (x) made in response to a notice in the Federal Register, 
     Commerce Business Daily, or other similar publication 
     soliciting communications from the public and directed to the 
     agency official specifically designated in the notice to 
     receive such communications;
       (xi) not possible to report without disclosing information, 
     the unauthorized disclosure of which is prohibited by law;
       (xii) made to an official in an agency with regard to--

       (I) a judicial proceeding or a criminal or civil law 
     enforcement inquiry, investigation, or proceeding; or
       (II) a filing or proceeding that the Government is 
     specifically required by statute or regulation to maintain or 
     conduct on a confidential basis,

     if that agency is charged with responsibility for such 
     proceeding, inquiry, investigation, or filing;
       (xiii) made in compliance with written agency procedures 
     regarding an adjudication conducted by the agency under 
     section 554 of title 5, United States Code, or substantially 
     similar provisions;
       (xiv) a written comment filed in the course of a public 
     proceeding or any other communication that is made on the 
     record in a public proceeding;
       (xv) a petition for agency action made in writing and 
     required to be a matter of public record pursuant to 
     established agency procedures;
       (xvi) made on behalf of an individual with regard to that 
     individual's benefits, employment, or other personal matters 
     involving only that individual, except that this clause does 
     not apply to any communication with--

       (I) a covered executive branch official, or
       (II) a covered legislative branch official (other than the 
     individual's elected Members of Congress or employees who 
     work under such Members' direct supervision),

     with respect to the formulation, modification, or adoption of 
     private legislation for the relief of that individual;
       (xvii) a disclosure by an individual that is protected 
     under the amendments made by the Whistleblower Protection Act 
     of 1989, under the Inspector General Act of 1978, or under 
     another provision of law;
       (xviii) made by--

       (I) a church, its integrated auxiliary, or a convention or 
     association of churches that is exempt from filing a Federal 
     income tax return under paragraph 2(A)(i) of section 6033(a) 
     of the Internal Revenue Code of 1986, or
       (II) a religious order that is exempt from filing a Federal 
     income tax return under paragraph (2)(A)(iii) of such section 
     6033(a); and

       (xix) between--

       (I) officials of a self-regulatory organization (as defined 
     in section 3(a)(26) of the Securities Exchange Act) that is 
     registered with or established by the Securities and Exchange 
     Commission as required by that Act or a similar organization 
     that is designated by or registered with the Commodities 
     Future Trading Commission as provided under the Commodity 
     Exchange Act; and
       (II) the Securities and Exchange Commission or the 
     Commodities Future Trading Commission, respectively;

     relating to the regulatory responsibilities of such 
     organization under that Act.
       (9) Lobbying firm.--The term ``lobbying firm'' means a 
     person or entity that has 1 or more employees who are 
     lobbyists on behalf of a client other than that person or 
     entity. The term also includes a self-employed individual who 
     is a lobbyist.
       (10) Lobbyist.--The term ``lobbyist'' means any individual 
     who is employed or retained by a client for financial or 
     other compensation for services that include more than one 
     lobbying contact, other than an individual whose lobbying 
     activities constitute less than 20 percent of the time 
     engaged in the services provided by such individual to that 
     client over a six month period.
       (11) Media organization.--The term ``media organization'' 
     means a person or entity engaged in disseminating information 
     to the general public through a newspaper, magazine, other 
     publication, radio, television, cable television, or other 
     medium of mass communication.
       (12) Member of congress.--The term ``Member of Congress'' 
     means a Senator or a Representative in, or Delegate or 
     Resident Commissioner to, the Congress.
       (13) Organization.--The term ``organization'' means a 
     person or entity other than an individual.
       (14) Person or entity.--The term ``person or entity'' means 
     any individual, corporation, company, foundation, 
     association, labor organization, firm, partnership, society, 
     joint stock company, group of organizations, or State or 
     local government.
       (15) Public official.--The term ``public official'' means 
     any elected official, appointed official, or employee of--
       (A) a Federal, State, or local unit of government in the 
     United States other than--
       (i) a college or university;
       (ii) a government-sponsored enterprise (as defined in 
     section 3(8) of the Congressional Budget and Impoundment 
     Control Act of 1974);
       (iii) a public utility that provides gas, electricity, 
     water, or communications;
       (iv) a guaranty agency (as defined in section 435(j) of the 
     Higher Education Act of 1965 (20 U.S.C. 1085(j))), including 
     any affiliate of such an agency; or
       (v) an agency of any State functioning as a student loan 
     secondary market pursuant to section 435(d)(1)(F) of the 
     Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F));
       (B) a Government corporation (as defined in section 9101 of 
     title 31, United States Code);
       (C) an organization of State or local elected or appointed 
     officials other than officials 

[[Page H11478]]

     of an entity described in clause (i), (ii), (iii), (iv), or 
     (v) of subparagraph (A);
       (D) an Indian tribe (as defined in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(e));
       (E) a national or State political party or any 
     organizational unit thereof; or
       (F) a national, regional, or local unit of any foreign 
     government.
       (16) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.


                       registration of lobbyists

       Sec. 504. (a) Registration.--
       (1) General rule.--No later than 45 days after a lobbyist 
     first makes a lobbying contact or is employed or retained to 
     make a lobbying contact, whichever is earlier, such lobbyist 
     (or, as provided under paragraph (2), the organization 
     employing such lobbyist), shall register with the Secretary 
     of the Senate and the Clerk of the House of Representatives.
       (2) Employer filing.--Any organization that has 1 or more 
     employees who are lobbyists shall file a single registration 
     under this section on behalf of such employees for each 
     client on whose behalf the employees act as lobbyists.
       (3) Exemption.--
       (A) General rule.--Notwithstanding paragraphs (1) and (2), 
     a person or entity whose--
       (i) total income for matters related to lobbying activities 
     on behalf of a particular client (in the case of a lobbying 
     firm) does not exceed and is not expected to exceed $5,000; 
     or
       (ii) total expenses in connection with lobbying activities 
     (in the case of an organization whose employees engage in 
     lobbying activities on its own behalf) do not exceed or are 
     not expected to exceed $20,000,

     (as estimated under section 505) in the semiannual period 
     described in section 505(a) during which the registration 
     would be made is not required to register under subsection 
     (a) with respect to such client.
       (B) Adjustment.--The dollar amounts in subparagraph (A) 
     shall be adjusted--
       (i) on January 1, 1997, to reflect changes in the Consumer 
     Price Index (as determined by the Secretary of Labor) since 
     the date of enactment of this Act; and
       (ii) on January 1 of each fourth year occurring after 
     January 1, 1997, to reflect changes in the Consumer Price 
     Index (as determined by the Secretary of Labor) during the 
     preceding 4-year period,

     rounded to the nearest $500.
       (b) Contents of Registration.--Each registration under this 
     section shall contain--
       (1) the name, address, business telephone number, and 
     principal place of business of the registrant, and a general 
     description of its business or activities;
       (2) the name, address, and principal place of business of 
     the registrant's client, and a general description of its 
     business or activities (if different from paragraph (1));
       (3) the name, address, and principal place of business of 
     any organization, other than the client, that--
       (A) contributes more than $10,000 toward the lobbying 
     activities of the registrant in a semiannual period described 
     in section 505(a); and
       (B) in whole or in major part plans, supervises, or 
     controls such lobbying activities.
       (4) the name, address, principal place of business, amount 
     of any contribution of more than $10,000 to the lobbying 
     activities of the registrant, and approximate percentage of 
     equitable ownership in the client (if any) of any foreign 
     entity that--
       (A) holds at least 20 percent equitable ownership in the 
     client or any organization identified under paragraph (3);
       (B) directly or indirectly, in whole or in major part, 
     plans, supervises, controls, directs, finances, or subsidizes 
     the activities of the client or any organization identified 
     under paragraph (3); or
       (C) is an affiliate of the client or any organization 
     identified under paragraph (3) and has a direct interest in 
     the outcome of the lobbying activity;
       (5) a statement of--
       (A) the general issue areas in which the registrant expects 
     to engage in lobbying activities on behalf of the client; and
       (B) to the extent practicable, specific issues that have 
     (as of the date of the registration) already been addressed 
     or are likely to be addressed in lobbying activities; and
       (6) the name of each employee of the registrant who has 
     acted or whom the registrant expects to act as a lobbyist on 
     behalf of the client and, if any such employee has served as 
     a covered executive branch official or a covered legislative 
     branch official in the 2 years before the date on which such 
     employee first acted (after the date of enactment of this 
     Act) as a lobbyist on behalf of the client, the position in 
     which such employee served.
       (c) Guidelines for Registration.--
       (1) Multiple clients.--In the case of a registrant making 
     lobbying contacts on behalf of more than 1 client, a separate 
     registration under this section shall be filed for each such 
     client.
       (2) Multiple contacts.--A registrant who makes more than 1 
     lobbying contact for the same client shall file a single 
     registration covering all such lobbying contacts.
       (d) Termination of Registration.--A registrant who after 
     registration--
       (1) is no longer employed or retained by a client to 
     conduct lobbying activities, and
       (2) does not anticipate any additional lobbying activities 
     for such client,

     may so notify the Secretary of the Senate and the Clerk of 
     the House of Representatives and terminate its registration.


                    reports by registered lobbyists

       Sec. 505. (a) Semiannual Report.--No later than 45 days 
     after the end of the semiannual period beginning on the first 
     day of each January and the first day of July of each year in 
     which a registrant is registered under section 504, each 
     registrant shall file a report with the Secretary of the 
     Senate and the Clerk of the House of Representatives on its 
     lobbying activities during such semiannual period. A separate 
     report shall be filed for each client of the registrant.
       (b) Contents of Report.--Each semiannual report filed under 
     subsection (a) shall contain--
       (1) the name of the registrant, the name of the client, and 
     any changes or updates to the information provided in the 
     initial registration;
       (2) for each general issue area in which the registrant 
     engaged in lobbying activities on behalf of the client during 
     the semiannual filing period--
       (A) a list of the specific issues upon which a lobbyist 
     employed by the registrant engaged in lobbying activities, 
     including, to the maximum extent practicable, a list of bill 
     numbers and references to specific executive branch actions;
       (B) a statement of the Houses of Congress and the Federal 
     agencies contacted by lobbyists employed by the registrant on 
     behalf of the client;
       (C) a list of the employees of the registrant who acted as 
     lobbyists on behalf of the client; and
       (D) a description of the interest, if any, of any foreign 
     entity identified under section 504(b)(4) in the specific 
     issues listed under subparagraph (A).
       (3) in the case of a lobbying firm, a good faith estimate 
     of the total amount of all income from the client (including 
     any payments to the registrant by any other person for 
     lobbying activities on behalf of the client) during the 
     semiannual period, other than income for matters that are 
     unrelated to lobbying activities; and
       (4) in the case of a registrant engaged in lobbying 
     activities on its own behalf, a good faith estimate of the 
     total expenses that the registrant and its employees incurred 
     in connection with lobbying activities during the semiannual 
     filing period.
       (c) Estimates of Income or Expenses.--For purposes of this 
     section, estimates of income or expenses shall be made as 
     follows:
       (1) Estimates of amounts in excess of $10,000 shall be 
     rounded to the nearest $20,000.
       (2) In the event income or expenses do not exceed $10,000, 
     the registrant shall include a statement that income or 
     expenses totaled less than $10,000 for the reporting period.
       (3) A registrant that reports lobbying expenditures 
     pursuant to section 6033(b)(8) of the Internal Revenue Code 
     of 1986 may satisfy the requirement to report income or 
     expenses by filing with the Secretary of the Senate and the 
     Clerk of the House of Representatives a copy of the form 
     filed in accordance with section 6033(b)(8).


                       disclosure and enforcement

       Sec. 506. The Secretary of the Senate and the Clerk of the 
     House of Representatives shall--
       (1) provide guidance and assistance on the registration and 
     reporting requirements of this title and develop common 
     standards, rules, and procedures for compliance with this 
     title;
       (2) review, and, where necessary, verify and inquire to 
     ensure the accuracy, completeness, and timeliness of 
     registration and reports;
       (3) develop filing, coding, and cross-indexing systems to 
     carry out the purpose of this title, including--
       (A) a publicly available list of all registered lobbyists, 
     lobbying firms, and their clients; and
       (B) computerized systems designed to minimize the burden of 
     filing and maximize public access to materials filed under 
     this title;
       (4) make available for public inspection and copying at 
     reasonable times the registrations and reports filed under 
     this title;
       (5) retain registrations for a period of at least 6 years 
     after they are terminated and reports for a period of at 
     least 6 years after they are filed;
       (6) compile and summarize, with respect to each semiannual 
     period, the information contained in registrations and 
     reports filed with respect to such period in a clear and 
     complete manner;
       (7) notify any lobbyist or lobbying firm in writing that 
     may be in noncompliance with this title; and
       (8) notify the United States Attorney for the District of 
     Columbia that a lobbyist or lobbying firm may be in 
     noncompliance with this title, if the registrant has been 
     notified in writing and has failed to provide an appropriate 
     response within 60 days after notice was given under 
     paragraph (6).


                               penalties

       Sec. 507. Whoever knowingly fails to--
       (1) remedy a defective filing within 60 days after notice 
     of such a defect by the Secretary of the Senate or the Clerk 
     of the House of Representatives; or
       (2) comply with any other provision of this title; shall, 
     upon proof of such knowing violation by a preponderance of 
     the evidence, be 

[[Page H11479]]

     subject to a civil fine of not more than $50,000, depending 
     on the extent and gravity of the violation.


                         rules of construction

       Sec. 508. (a) Constitutional Rights.--Nothing in this title 
     shall be construed to prohibit or interfere with--
       (1) the right to petition the government for the redress of 
     grievances;
       (2) the right to express a personal opinion; or
       (3) the right of association,

     protected by the first amendment to the Constitution.
       (b) Prohibition of Activities.--Nothing in this title shall 
     be construed to prohibit, or to authorize any court to 
     prohibit, lobbying activities or lobbying contacts by any 
     person or entity, regardless of whether such person or entity 
     is in compliance with the requirements of this title.
       (c) Audit and Investigations.--Nothing in this title shall 
     be construed to grant general audit or investigative 
     authority to the Secretary of the Senate or the Clerk of the 
     House of Representatives.


           amendments to the foreign agents registration act

       Sec. 509. The Foreign Agents Registration Act of 1938 (22 
     U.S.C. 611 et seq.) is amended--
       (1) in section 1--
       (A) by striking subsection (j);
       (B) in subsection (o) by striking ``the dissemination of 
     political propaganda and any other activity which the person 
     engaging therein believes will, or which he intends to, 
     prevail upon, indoctrinate, convert, induce, persuade, or 
     in any other way influence'' and inserting ``any activity 
     that the person engaging in believes will, or that the 
     person intends to, in any way influence'';
       (C) in subsection (p) by striking the semicolon and 
     inserting a period; and
       (D) by striking subsection (q);
       (2) in section 3(g) (22 U.S.C. 613(g)), by striking 
     ``established agency proceedings, whether formal or 
     informal.'' and inserting ``judicial proceedings, criminal or 
     civil law enforcement inquiries, investigations, or 
     proceedings, or agency proceedings required by statute or 
     regulation to be conducted on the record.'';
       (3) in section 3 (22 U.S.C. 613) by adding at the end the 
     following:
       ``(h) Any agent of a person described in section 1(b)(2) or 
     an entity described in section 1(b)(3) if the agent is 
     required to register and does register under the Lobbying 
     Disclosure Act of 1995 in connection with the agent's 
     representation of such person or entity.'';
       (4) in section 4(a) (22 U.S.C. 614(a))--
       (A) by striking ``political propaganda'' and inserting 
     ``informational materials''; and
       (B) by striking ``and a statement, duly signed by or on 
     behalf of such an agent, setting forth full information as to 
     the places, times, and extent of such transmittal'';
       (5) in section 4(b) (22 U.S.C. 614(b))--
       (A) in the matter preceding clause (i), by striking 
     ``political propaganda'' and inserting ``informational 
     materials''; and
       (B) by striking ``(i) in the form of prints, or'' and all 
     that follows through the end of the subsection and inserting 
     ``without placing in such informational materials a 
     conspicuous statement that the materials are distributed by 
     the agent on behalf of the foreign principal, and that 
     additional information is on file with the Department of 
     Justice, Washington, District of Columbia. The Attorney 
     General may by rule define what constitutes a conspicuous 
     statement for the purposes of this subsection.'';
       (6) in section 4(c) (22 U.S.C. 614(c)), by striking 
     ``political propaganda'' and inserting ``informational 
     materials'';
       (7) in section 6 (22 U.S.C. 616)--
       (A) in subsection (a) by striking ``and all statements 
     concerning the distribution of political propaganda'';
       (B) in subsection (b) by striking ``, and one copy of every 
     item of political propaganda''; and
       (C) in subsection (c) by striking ``copies of political 
     propaganda,'';
       (8) in section 8 (22 U.S.C. 618)--
       (A) in subsection (a)(2) by striking ``or in any statement 
     under section 4(a) hereof concerning the distribution of 
     political propaganda''; and
       (B) by striking subsection (d); and
       (9) in section 11 (22 U.S.C. 621) by striking ``, including 
     the nature, sources, and content of political propaganda 
     disseminated or distributed''.


                    amendments to the byrd amendment

       Sec. 510. (a) Revised Certification Requirements.--Section 
     1352(b) of title 31, United States Code, is amended--
       (1) in paragraph (2) by striking subparagraphs (A), (B), 
     and (C) and inserting the following:
       ``(A) the name of any registrant under the Lobbying 
     Disclosure Act of 1995 who has made lobbying contacts on 
     behalf of the person with respect to that Federal contract, 
     grant, loan, or cooperative agreement; and
       ``(B) a certification that the person making the 
     declaration has not made, and will not make, any payment 
     prohibited by subsection (a).'';
       (2) in paragraph (3) by striking all that follows ``loan 
     shall contain'' and inserting ``the name of any registrant 
     under the Lobbying Disclosure Act of 1995 who has made 
     lobbying contacts on behalf of the person in connection with 
     that loan insurance or guarantee.''; and
       (3) by striking paragraph (6) and redesignating paragraph 
     (7) as paragraph (6).
       (b) Removal of Obsolete Reporting Requirement.--Section 
     1352 of title 31, United States Code, is further amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (d), (e), (f), and (g), respectively.


                 repeal of certain lobbying provisions

       Sec. 511. (a) Repeal of the Federal Regulation of Lobbying 
     Act.--The Federal Regulation of Lobbying Act (2 U.S.C. 261 et 
     seq.) is repealed.
       (b) Repeal of Provisions Relating to Housing Lobbyist 
     Activities.--
       (1) Section 13 of the Department of Housing and Urban 
     Development Act (42 U.S.C. 3537b) is repealed.
       (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 
     1490p(d)) is repealed.


                conforming amendments to other statutes

       Sec. 512. (a) Amendment to Competitiveness Policy Council 
     Act.--Section 5206(e) of the Competitiveness Policy Council 
     Act (15 U.S.C. 4804(e)) is amended by inserting ``or a 
     lobbyist for a foreign entity (as the terms `lobbyist' and 
     `foreign entity' are defined under section 503 of the 
     Lobbying Disclosure Act of 1995)'' after ``an agent for a 
     foreign principal''.
       (b) Amendments to Title 18, United States Code.--Section 
     219(a) of title 18, United States Code, is amended--
       (1) by inserting ``or a lobbyist required to register under 
     the Lobbying Disclosure Act of 1995 in connection with the 
     representation of a foreign entity, as defined in section 
     503(7) of that Act'' after ``an agent of a foreign principal 
     required to register under the Foreign Agents Registration 
     Act of 1938''; and
       (2) by striking out ``, as amended,''.
       (c) Amendment to Foreign Service Act of 1980.--Section 
     602(c) of the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) 
     is amended by inserting ``or a lobbyist for a foreign entity 
     (as defined in section 503(7) of the Lobbying Disclosure Act 
     of 1995)'' after ``an agent of a foreign principal (as 
     defined by section 1(b) of the Foreign Agents Registration 
     Act of 1938)''.


                              severability

       Sec. 513. If any provision of this title, or the 
     application thereof, is held invalid, the validity of the 
     remainder of this title and the application of such provision 
     to other persons and circumstances shall not be affected 
     thereby.


            identification of clients and covered officials

       Sec. 514. (a) Oral Lobbying Contacts.--Any person or entity 
     that makes an oral lobbying contact with a covered 
     legislative branch official or a covered executive branch 
     official shall, on the request of the official at the time of 
     the lobbying contact--
       (1) state whether the person or entity is registered under 
     this title and identify the client on whose behalf the 
     lobbying contact is made; and
       (2) state whether such client is a foreign entity and 
     identify any foreign entity required to be disclosed under 
     section 504(b)(4) that has a direct interest in the outcome 
     of the lobbying activity.
       (b) Written Lobbying Contacts.--Any person or entity 
     registered under this title that makes a written lobbying 
     contact (including an electronic communication) with a 
     covered legislative branch official or a covered executive 
     branch official shall--
       (1) if the client on whose behalf the lobbying contact was 
     made is a foreign entity, identify such client, state that 
     the client is considered a foreign entity under this title, 
     and state whether the person making the lobbying contact is 
     registered on behalf of that client under section 504; and
       (2) identify any other foreign entity identified pursuant 
     to section 504(b)(4) that has a direct interest in the 
     outcome of the lobbying activity.
       (c) Identification as Covered Official.--Upon request by a 
     person or entity making a lobbying contact, the individual 
     who is contacted or the office employing that individual 
     shall indicate whether or not the individual is a covered 
     legislative branch official or a covered executive branch 
     official.


                estimates based on tax reporting system

       Sec. 515. (a) Entities Covered by Section 6033(b) of the 
     Internal Revenue Code of 1986.--A registrant that is required 
     to report and does report lobbying expenditures pursuant to 
     section 6033(b)(8) of the Internal Revenue Code of 1986 may--
       (1) make a good faith estimate (by category of dollar 
     value) of applicable amounts that would be required to be 
     disclosed under such section for the appropriate semiannual 
     period to meet the requirements of sections 504(a)(3), 
     505(a)(2), and 505(b)(4); and
       (2) in lieu of using the definition of ``lobbying 
     activities'' in section 503(8) of this title, consider as 
     lobbying activities only those activities that are 
     influencing legislation as defined in section 4911(d) of the 
     Internal Revenue Code of 1986.
       (b) Entities Covered by Section 162(e) of the Internal 
     Revenue Code of 1986.--A registrant that is subject to 
     section 162(e) of the Internal Revenue Code of 1986 may--
       (1) make a good faith estimate (by category of dollar 
     value) of applicable amounts that would not be deductible 
     pursuant to such section for the appropriate semiannual 
     period to meet the requirements of sections 504(a)(3), 
     505(a)(2), and 505(b)(4); and
       (2) in lieu of using the definition of ``lobbying 
     activities'' in section 503(8) of this title, 

[[Page H11480]]

     consider as lobbying activities only those activities, the 
     costs of which are not deductible pursuant to section 162(e) 
     of the Internal Revenue Code of 1986.
       (c) Disclosure of Estimate.--Any registrant that elects to 
     make estimates required by this title under the procedures 
     authorized by subsection (a) or (b) for reporting or 
     threshold purposes shall--
       (1) inform the Secretary of the Senate and the Clerk of the 
     House of Representatives that the registrant has elected to 
     make its estimates under such procedures; and
       (2) make all such estimates, in a given calendar year, 
     under such procedures.
       (d) Study.--Not later than March 31, 1997, the Comptroller 
     General of the United States shall review reporting by 
     registrants under subsections (a) and (b) and report to the 
     Congress--
       (1) the differences between the definition of ``lobbying 
     activities'' in section 503(8) and the definitions of 
     ``lobbying expenditures'', ``influencing legislation'', and 
     related terms in sections 162(e) and 4911 of the Internal 
     Revenue Code of 1986, as each are implemented by regulations;
       (2) the impact that any such differences may have on filing 
     and reporting under this title pursuant to this subsection; 
     and
       (3) any changes to this title or to the appropriate 
     sections of the Internal Revenue Code of 1986 that the 
     Comptroller General may recommend to harmonize the 
     definitions.


                            effective dates

       Sec. 516. (a) Except as otherwise provided in this section, 
     this title and the amendments made by this title shall take 
     effect on January 1, 1996.
       (b) The repeals and amendments made under sections 513, 
     514, and 515 shall take effect as provided under subsection 
     (a), except that such repeals and amendments--
       (1) shall not affect any proceeding or suit commenced 
     before the effective date under subsection (a), and in all 
     such proceedings or suits, proceedings shall be had, appeals 
     taken, and judgments rendered in the same manner and with the 
     same effect as if this title had not been enacted; and
       (2) shall not affect the requirements of Federal agencies 
     to compile, publish, and retain information filed or received 
     before the effective date of such repeals and amendments.

  Mr. FROST. Mr. Speaker, I further include at this point in the Record 
the following material concerning floor procedure during the 104th 
Congress:

                FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS                
----------------------------------------------------------------------------------------------------------------
                                                                          Process used for floor   Amendments in
            Bill No.                    Title           Resolution No.         consideration           order    
----------------------------------------------------------------------------------------------------------------
H.R. 1*........................  Compliance........  H. Res. 6            Closed................           None.
H. Res. 6......................  Opening Day Rules   H. Res. 5            Closed; contained a              None.
                                  Package.                                 closed rule on H.R. 1                
                                                                           within the closed                    
                                                                           rule.                                
H.R. 5*........................  Unfunded Mandates.  H. Res. 38           Restrictive; Motion               N/A.
                                                                           adopted over                         
                                                                           Democratic objection                 
                                                                           in the Committee of                  
                                                                           the Whole to limit                   
                                                                           debate on section 4;                 
                                                                           Pre-printing gets                    
                                                                           preference.                          
H.J. Res. 2*...................  Balanced Budget...  H. Res. 44           Restrictive; only              2R; 4D.
                                                                           certain substitutes.                 
H. Res. 43.....................  Committee Hearings  H. Res. 43 (OJ)      Restrictive;                      N/A.
                                  Scheduling.                              considered in House                  
                                                                           no amendments.                       
H.R. 2*........................  Line Item Veto....  H. Res. 55           Open; Pre-printing                N/A.
                                                                           gets preference.                     
H.R. 665*......................  Victim Restitution  H. Res. 61           Open; Pre-printing                N/A.
                                  Act of 1995.                             gets preference.                     
H.R. 666*......................  Exclusionary Rule   H. Res. 60           Open; Pre-printing                N/A.
                                  Reform Act of                            gets preference.                     
                                  1995.                                                                         
H.R. 667*......................  Violent Criminal    H. Res. 63           Restrictive; 10 hr.               N/A.
                                  Incarceration Act                        Time Cap on                          
                                  of 1995.                                 amendments.                          
H.R. 668*......................  The Criminal Alien  H. Res. 69           Open; Pre-printing                N/A.
                                  Deportation                              gets preference;                     
                                  Improvement Act.                         Contains self-                       
                                                                           executing provision.                 
H.R. 728*......................  Local Government    H. Res. 79           Restrictive; 10 hr.               N/A.
                                  Law Enforcement                          Time Cap on                          
                                  Block Grants.                            amendments; Pre-                     
                                                                           printing gets                        
                                                                           preference.                          
H.R. 7*........................  National Security   H. Res. 83           Restrictive; 10 hr.               N/A.
                                  Revitalization                           Time Cap on                          
                                  Act.                                     amendments; Pre-                     
                                                                           printing gets                        
                                                                           preference.                          
H.R. 729*......................  Death Penalty/      N/A                  Restrictive; brought              N/A.
                                  Habeas.                                  up under UC with a 6                 
                                                                           hr. time cap on                      
                                                                           amendments.                          
S. 2...........................  Senate Compliance.  N/A                  Closed; Put on                   None.
                                                                           Suspension Calendar                  
                                                                           over Democratic                      
                                                                           objection.                           
H.R. 831.......................  To Permanently      H. Res. 88           Restrictive; makes in              1D.
                                  Extend the Health                        order only the                       
                                  Insurance                                Gibbons amendment;                   
                                  Deduction for the                        Waives all points of                 
                                  Self-Employed.                           order; Contains self-                
                                                                           executing provision.                 
H.R. 830*......................  The Paperwork       H. Res. 91           Open..................            N/A.
                                  Reduction Act.                                                                
H.R. 889.......................  Emergency           H. Res. 92           Restrictive; makes in              1D.
                                  Supplemental/                            order only the Obey                  
                                  Rescinding                               substitute.                          
                                  Certain Budget                                                                
                                  Authority.                                                                    
H.R. 450*......................  Regulatory          H. Res. 93           Restrictive; 10 hr.               N/A.
                                  Moratorium.                              Time Cap on                          
                                                                           amendments; Pre-                     
                                                                           printing gets                        
                                                                           preference.                          
H.R. 1022*.....................  Risk Assessment...  H. Res. 96           Restrictive; 10 hr.               N/A.
                                                                           Time Cap on                          
                                                                           amendments.                          
H.R. 926*......................  Regulatory          H. Res. 100          Open..................            N/A.
                                  Flexibility.                                                                  
H.R. 925*......................  Private Property    H. Res. 101          Restrictive; 12 hr.                1D.
                                  Protection Act.                          time cap on                          
                                                                           amendments; Requires                 
                                                                           Members to pre-print                 
                                                                           their amendments in                  
                                                                           the Record prior to                  
                                                                           the bill's                           
                                                                           consideration for                    
                                                                           amendment, waives                    
                                                                           germaneness and                      
                                                                           budget act points of                 
                                                                           order as well as                     
                                                                           points of order                      
                                                                           concerning                           
                                                                           appropriating on a                   
                                                                           legislative bill                     
                                                                           against the committee                
                                                                           substitute used as                   
                                                                           base text.                           
H.R. 1058*.....................  Securities          H. Res. 105          Restrictive; 8 hr.                 1D.
                                  Litigation Reform                        time cap on                          
                                  Act.                                     amendments; Pre-                     
                                                                           printing gets                        
                                                                           preference; Makes in                 
                                                                           order the Wyden                      
                                                                           amendment and waives                 
                                                                           germaneness against                  
                                                                           it.                                  
H.R. 988*......................  The Attorney        H. Res. 104          Restrictive; 7 hr.                N/A.
                                  Accountability                           time cap on                          
                                  Act of 1995.                             amendments; Pre-                     
                                                                           printing gets                        
                                                                           preference.                          
H.R. 956*......................  Product Liability   H. Res. 109          Restrictive; makes in          8D; 7R.
                                  and Legal Reform                         order only 15 germane                
                                  Act.                                     amendments and denies                
                                                                           64 germane amendments                
                                                                           from being considered.               
H.R. 1158......................  Making Emergency    H. Res. 115          Restrictive; Combines             N/A.
                                  Supplemental                             emergency H.R. 1158 &                
                                  Appropriations                           nonemergency 1159 and                
                                  and Rescissions.                         strikes the abortion                 
                                                                           provision; makes in                  
                                                                           order only pre-                      
                                                                           printed amendments                   
                                                                           that include offsets                 
                                                                           within the same                      
                                                                           chapter (deeper cuts                 
                                                                           in programs already                  
                                                                           cut); waives points                  
                                                                           of order against                     
                                                                           three amendments;                    
                                                                           waives cl 2 of rule                  
                                                                           XXI against the bill,                
                                                                           cl 2, XXI and cl 7 of                
                                                                           rule XVI against the                 
                                                                           substitute; waives cl                
                                                                           2(e) od rule XXI                     
                                                                           against the                          
                                                                           amendments in the                    
                                                                           Record; 10 hr time                   
                                                                           cap on amendments. 30                
                                                                           minutes debate on                    
                                                                           each amendment.                      
H.J. Res. 73*..................  Term Limits.......  H. Res. 116          Restrictive; Makes in           1D; 3R
                                                                           order only 4                         
                                                                           amendments considered                
                                                                           under a ``Queen of                   
                                                                           the Hill'' procedure                 
                                                                           and denies 21 germane                
                                                                           amendments from being                
                                                                           considered.                          
H.R. 4*........................  Welfare Reform....  H. Res. 119          Restrictive; Makes in         5D; 26R.
                                                                           order only 31                        
                                                                           perfecting amendments                
                                                                           and two substitutes;                 
                                                                           Denies 130 germane                   
                                                                           amendments from being                
                                                                           considered; The                      
                                                                           substitutes are to be                
                                                                           considered under a                   
                                                                           ``Queen of the Hill''                
                                                                           procedure; All points                
                                                                           of order are waived                  
                                                                           against the                          
                                                                           amendments.                          
H.R. 1271*.....................  Family Privacy Act  H. Res. 125          Open..................            N/A.
H.R. 660*......................  Housing for Older   H. Res. 126          Open..................            N/A.
                                  Persons Act.                                                                  
H.R. 1215*.....................  The Contract With   H. Res. 129          Restrictive; Self                  1D.
                                  America Tax                              Executes language                    
                                  Relief Act of                            that makes tax cuts                  
                                  1995.                                    contingent on the                    
                                                                           adoption of a                        
                                                                           balanced budget plan                 
                                                                           and strikes section                  
                                                                           3006. Makes in order                 
                                                                           only one substitute.                 
                                                                           Waives all points of                 
                                                                           order against the                    
                                                                           bill, substitute made                
                                                                           in order as original                 
                                                                           text and Gephardt                    
                                                                           substitute.                          
H.R. 483.......................  Medicare Select     H. Res. 130          Restrictive; waives cl             1D.
                                  Extension.                               2(1)(6) of rule XI                   
                                                                           against the bill;                    
                                                                           makes H.R. 1391 in                   
                                                                           order as original                    
                                                                           text; makes in order                 
                                                                           only the Dingell                     
                                                                           substitute; allows                   
                                                                           Commerce Committee to                
                                                                           file a report on the                 
                                                                           bill at any time.                    
H.R. 655.......................  Hydrogen Future     H. Res. 136          Open..................            N/A.
                                  Act.                                                                          
H.R. 1361......................  Coast Guard         H. Res. 139          Open; waives sections             N/A.
                                  Authorization.                           302(f) and 308(a) of                 
                                                                           the Congressional                    
                                                                           Budget Act against                   
                                                                           the bill's                           
                                                                           consideration and the                
                                                                           committee substitute;                
                                                                           waives cl 5(a) of                    
                                                                           rule XXI against the                 
                                                                           committee substitute.                
H.R. 961.......................  Clean Water Act...  H. Res. 140          Open; pre-printing                N/A.
                                                                           gets preference;                     
                                                                           waives sections                      
                                                                           302(f) and 602(b) of                 
                                                                           the Budget Act                       
                                                                           against the bill's                   
                                                                           consideration; waives                
                                                                           cl 7 of rule XVI, cl                 
                                                                           5(a) of rule XXI and                 
                                                                           section 302(f) of the                
                                                                           Budget Act against                   
                                                                           the committee                        
                                                                           substitute. Makes in                 
                                                                           order Shuster                        
                                                                           substitute as first                  
                                                                           order of business.                   
H.R. 535.......................  Corning National    H. Res. 144          Open..................            N/A.
                                  Fish Hatchery                                                                 
                                  Conveyance Act.                                                               
H.R. 584.......................  Conveyance of the   H. Res. 145          Open..................            N/A.
                                  Fairport National                                                             
                                  Fish Hatchery to                                                              
                                  the State of Iowa.                                                            
H.R. 614.......................  Conveyance of the   H. Res. 146          Open..................            N/A.
                                  New London                                                                    
                                  National Fish                                                                 
                                  Hatchery                                                                      
                                  Production                                                                    
                                  Facility.                                                                     
H. Con. Res. 67................  Budget Resolution.  H. Res. 149          Restrictive; Makes in          3D; 1R.
                                                                           order 4 substitutes                  
                                                                           under regular order;                 
                                                                           Gephardt, Neumann/                   
                                                                           Solomon, Payne/Owens,                
                                                                           President's Budget if                
                                                                           printed in Record on                 
                                                                           5/17/95; waives all                  
                                                                           points of order                      
                                                                           against substitutes                  
                                                                           and concurrent                       
                                                                           resolution; suspends                 
                                                                           application of Rule                  
                                                                           XLIX with respect to                 
                                                                           the resolution; self-                
                                                                           executes Agriculture                 
                                                                           language.                            
H.R. 1561......................  American Overseas   H. Res. 155          Restrictive; Requires             N/A.
                                  Interests Act of                         amendments to be                     
                                  1995.                                    printed in the Record                
                                                                           prior to their                       
                                                                           consideration; 10 hr.                
                                                                           time cap; waives cl                  
                                                                           2(1)(6) of rule XI                   
                                                                           against the bill's                   
                                                                           consideration; Also                  
                                                                           waives sections                      
                                                                           302(f), 303(a),                      
                                                                           308(a) and 402(a)                    
                                                                           against the bill's                   
                                                                           consideration and the                
                                                                           committee amendment                  
                                                                           in order as original                 
                                                                           text; waives cl 5(a)                 
                                                                           of rule XXI against                  
                                                                           the amendment;                       
                                                                           amendment                            
                                                                           consideration is                     
                                                                           closed at 2:30 p.m.                  
                                                                           on May 25, 1995. Self-               
                                                                           executes provision                   
                                                                           which removes section                
                                                                           2210 from the bill.                  
                                                                           This was done at the                 
                                                                           request of the Budget                
                                                                           Committee.                           
H.R. 1530......................  National Defense    H. Res. 164          Restrictive; Makes in      36R; 18D; 2
                                  Authorization Act                        order only the            Bipartisan.
                                  FY 1996.                                 amendments printed in                
                                                                           the report; waives                   
                                                                           all points of order                  
                                                                           against the bill,                    
                                                                           substitute and                       
                                                                           amendments printed in                
                                                                           the report. Gives the                
                                                                           Chairman en bloc                     
                                                                           authority. Self-                     
                                                                           executes a provision                 
                                                                           which strikes section                
                                                                           807 of the bill;                     
                                                                           provides for an                      
                                                                           additional 30 min. of                
                                                                           debate on Nunn-Lugar                 
                                                                           section; Allows Mr.                  
                                                                           Clinger to offer a                   
                                                                           modification of his                  
                                                                           amendment with the                   
                                                                           concurrence of Ms.                   
                                                                           Collins.                             
H.R. 1817......................  Military            H. Res. 167          Open; waives cl 2 and             N/A.
                                  Construction                             cl 6 of rule XXI                     
                                  Appropriations;                          against the bill; 1                  
                                  FY 1996.                                 hr. general debate;                  
                                                                           Uses House passed                    
                                                                           budget numbers as                    
                                                                           threshold for                        
                                                                           spending amounts                     
                                                                           pending passage of                   
                                                                           Budget.                              


                                                                                                                

[[Page H11481]]
           FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS--Continued          
----------------------------------------------------------------------------------------------------------------
                                                                          Process used for floor   Amendments in
            Bill No.                    Title           Resolution No.         consideration           order    
----------------------------------------------------------------------------------------------------------------
H.R. 1854......................  Legislative Branch  H. Res. 169          Restrictive; Makes in        5R; 4D; 2
                                  Appropriations.                          order only 11             Bipartisan.
                                                                           amendments; waives                   
                                                                           sections 302(f) and                  
                                                                           308(a) of the Budget                 
                                                                           Act against the bill                 
                                                                           and cl 2 and cl 6 of                 
                                                                           rule XXI against the                 
                                                                           bill. All points of                  
                                                                           order are waived                     
                                                                           against the                          
                                                                           amendments.                          
H.R. 1868......................  Foreign Operations  H. Res. 170          Open; waives cl 2, cl             N/A.
                                  Appropriations.                          5(b), and cl 6 of                    
                                                                           rule XXI against the                 
                                                                           bill; makes in order                 
                                                                           the Gilman amendments                
                                                                           as first order of                    
                                                                           business; waives all                 
                                                                           points of order                      
                                                                           against the                          
                                                                           amendments; if                       
                                                                           adopted they will be                 
                                                                           considered as                        
                                                                           original text; waives                
                                                                           cl 2 of rule XXI                     
                                                                           against the                          
                                                                           amendments printed in                
                                                                           the report. Pre-                     
                                                                           printing gets                        
                                                                           priority (Hall)                      
                                                                           (Menendez) (Goss)                    
                                                                           (Smith, NJ).                         
H.R. 1905......................  Energy & Water      H. Res. 171          Open; waives cl 2 and             N/A.
                                  Appropriations.                          cl 6 of rule XXI                     
                                                                           against the bill;                    
                                                                           makes in order the                   
                                                                           Shuster amendment as                 
                                                                           the first order of                   
                                                                           business; waives all                 
                                                                           points of order                      
                                                                           against the                          
                                                                           amendment; if adopted                
                                                                           it will be considered                
                                                                           as original text. Pre-               
                                                                           printing gets                        
                                                                           priority.                            
H.J. Res. 79...................  Constitutional      H. Res. 173          Closed; provides one              N/A.
                                  Amendment to                             hour of general                      
                                  Permit Congress                          debate and one motion                
                                  and States to                            to recommit with or                  
                                  Prohibit the                             without instructions;                
                                  Physical                                 if there are                         
                                  Desecration of                           instructions, the MO                 
                                  the American Flag.                       is debatable for 1 hr.               
H.R. 1944......................  Recissions Bill...  H. Res. 175          Restrictive; Provides             N/A.
                                                                           for consideration of                 
                                                                           the bill in the                      
                                                                           House; Permits the                   
                                                                           Chairman of the                      
                                                                           Appropriations                       
                                                                           Committee to offer                   
                                                                           one amendment which                  
                                                                           is unamendable;                      
                                                                           waives all points of                 
                                                                           order against the                    
                                                                           amendment.                           
H.R. 1868 (2nd rule)...........  Foreign Operations  H. Res. 177          Restrictive; Provides             N/A.
                                  Appropriations.                          for further                          
                                                                           consideration of the                 
                                                                           bill; makes in order                 
                                                                           only the four                        
                                                                           amendments printed in                
                                                                           the rules report (20                 
                                                                           min each). Waives all                
                                                                           points of order                      
                                                                           against the                          
                                                                           amendments; Prohibits                
                                                                           intervening motions                  
                                                                           in the Committee of                  
                                                                           the Whole; Provides                  
                                                                           for an automatic rise                
                                                                           and report following                 
                                                                           the disposition of                   
                                                                           the amendments.                      
H.R. 70........................  Exports of Alaskan  H. Res. 197          Open; Makes in order              N/A.
                                  North Slope Oil.                         the Resources                        
                                                                           Committee amendment                  
                                                                           in the nature of a                   
                                                                           substitute as                        
                                                                           original text; Pre-                  
                                                                           printing gets                        
                                                                           priority; Provides a                 
                                                                           Senate hook-up with                  
                                                                           S. 395.                              
H.R. 2076......................  Commerce, Justice   H. Res. 198          Open; waives cl 2 and             N/A.
                                  Appropriations.                          cl 6 of rule XXI                     
                                                                           against provisions in                
                                                                           the bill; Pre-                       
                                                                           printing gets                        
                                                                           priority; provides                   
                                                                           the bill be read by                  
                                                                           title..                              
H.R. 2099......................  VA/HUD              H. Res. 201          Open; waives cl 2 and             N/A.
                                  Appropriations.                          cl 6 of rule XXI                     
                                                                           against provisions in                
                                                                           the bill; Provides                   
                                                                           that the amendment in                
                                                                           part 1 of the report                 
                                                                           is the first                         
                                                                           business, if adopted                 
                                                                           it will be considered                
                                                                           as base text (30                     
                                                                           min); waives all                     
                                                                           points of order                      
                                                                           against the Klug and                 
                                                                           Davis amendments; Pre-               
                                                                           printing gets                        
                                                                           priority; Provides                   
                                                                           that the bill be read                
                                                                           by title.                            
S. 21..........................  Termination of      H. Res. 204          Restrictive; 3 hours               ID.
                                  U.S. Arms Embargo                        of general debate;                   
                                  on Bosnia.                               Makes in order an                    
                                                                           amendment to be                      
                                                                           offered by the                       
                                                                           Minority Leader or a                 
                                                                           designee (1 hr); If                  
                                                                           motion to recommit                   
                                                                           has instructions it                  
                                                                           can only be offered                  
                                                                           by the Minority                      
                                                                           Leader or a designee.                
H.R. 2126......................  Defense             H. Res. 205          Open; waives cl                   N/A.
                                  Appropriations.                          2(l)(6) of rule XI                   
                                                                           and section 306 of                   
                                                                           the Congressional                    
                                                                           Budget Act against                   
                                                                           consideration of the                 
                                                                           bill; waives cl 2 and                
                                                                           cl 6 of rule XXI                     
                                                                           against provisions in                
                                                                           the bill; self-                      
                                                                           executes a strike of                 
                                                                           sections 8021 and                    
                                                                           8024 of the bill as                  
                                                                           requested by the                     
                                                                           Budget Committee; Pre-               
                                                                           printing gets                        
                                                                           priority; Provides                   
                                                                           the bill be read by                  
                                                                           title.                               
H.R. 1555......................  Communications Act  H. Res. 207          Restrictive; waives        2R/3D/3 Bi-
                                  of 1995.                                 sec. 302(f) of the          partisan.
                                                                           Budget Act against                   
                                                                           consideration of the                 
                                                                           bill; Makes in order                 
                                                                           the Commerce                         
                                                                           Committee amendment                  
                                                                           as original text and                 
                                                                           waives sec. 302(f) of                
                                                                           the Budget Act and cl                
                                                                           5(a) of rule XXI                     
                                                                           against the                          
                                                                           amendment; Makes in                  
                                                                           order the Bliely                     
                                                                           amendment (30 min) as                
                                                                           the first order of                   
                                                                           business, if adopted                 
                                                                           it will be original                  
                                                                           text; makes in order                 
                                                                           only the amendments                  
                                                                           printed in the report                
                                                                           and waives all points                
                                                                           of order against the                 
                                                                           amendments; provides                 
                                                                           a Senate hook-up with                
                                                                           S. 652.                              
H.R. 1977 *Rule Defeated*......  Interior            H. Res. 185          Open; waives sections             N/A.
                                  Appropriations.                          302(f) and 308(a) of                 
                                                                           the Budget Act and cl                
                                                                           2 and cl 6 of rule                   
                                                                           XXI; provides that                   
                                                                           the bill be read by                  
                                                                           title; waives all                    
                                                                           points of order                      
                                                                           against the Tauzin                   
                                                                           amendment; self-                     
                                                                           executes Budget                      
                                                                           Committee amendment;                 
                                                                           waives cl 2(e) of                    
                                                                           rule XXI against                     
                                                                           amendments to the                    
                                                                           bill; Pre-printing                   
                                                                           gets priority.                       
H.R. 1977......................  Interior            H.Res. 187           Open; waives sections             N/A.
                                  Appropriations.                          302(f), 306 and                      
                                                                           308(a) of the Budget                 
                                                                           Act; waives clauses 2                
                                                                           and 6 of rule XXI                    
                                                                           against provisions in                
                                                                           the bill; waives all                 
                                                                           points of order                      
                                                                           against the Tauzin                   
                                                                           amendment; provides                  
                                                                           that the bill be read                
                                                                           by title; self-                      
                                                                           executes Budget                      
                                                                           Committee amendment                  
                                                                           and makes NEA funding                
                                                                           subject to House                     
                                                                           passed authorization;                
                                                                           waives cl 2(e) of                    
                                                                           rule XXI against the                 
                                                                           amendments to the                    
                                                                           bill; Pre-printing                   
                                                                           gets priority.                       
H.R. 1976......................  Agriculture         H. Res. 188          Open; waives clauses 2            N/A.
                                  Appropriations.                          and 6 of rule XXI                    
                                                                           against provisions in                
                                                                           the bill; provides                   
                                                                           that the bill be read                
                                                                           by title; Makes Skeen                
                                                                           amendment first order                
                                                                           of business, if                      
                                                                           adopted the amendment                
                                                                           will be considered as                
                                                                           base text (10 min.);                 
                                                                           Pre-printing gets                    
                                                                           priority.                            
H.R. 1977 (3rd rule)...........  Interior            H. Res. 189          Restrictive; provides             N/A.
                                  Appropriations.                          for the further                      
                                                                           consideration of the                 
                                                                           bill; allows only                    
                                                                           amendments pre-                      
                                                                           printed before July                  
                                                                           14th to be                           
                                                                           considered; limits                   
                                                                           motions to rise.                     
H.R. 2020......................  Treasury Postal     H. Res. 190          Open; waives cl 2 and             N/A.
                                  Appropriations.                          cl 6 of rule XXI                     
                                                                           against provisions in                
                                                                           the bill; provides                   
                                                                           the bill be read by                  
                                                                           title; Pre-printing                  
                                                                           gets priority.                       
H.J. Res. 96...................  Disapproving MFN    H. Res. 193          Restrictive; provides             N/A.
                                  for China.                               for consideration in                 
                                                                           the House of H.R.                    
                                                                           2058 (90 min.) And                   
                                                                           H.J. Res. 96 (1 hr).                 
                                                                           Waives certain                       
                                                                           provisions of the                    
                                                                           Trade Act.                           
H.R. 2002......................  Transportation      H. Res. 194          Open; waives cl 3 0f              N/A.
                                  Appropriations.                          rule XIII and section                
                                                                           401 (a) of the CBA                   
                                                                           against consideration                
                                                                           of the bill; waives                  
                                                                           cl 6 and cl 2 of rule                
                                                                           XXI against                          
                                                                           provisions in the                    
                                                                           bill; Makes in order                 
                                                                           the Clinger/Solomon                  
                                                                           amendment waives all                 
                                                                           points of order                      
                                                                           against the amendment                
                                                                           (Line Item Veto);                    
                                                                           provides the bill be                 
                                                                           read by title; Pre-                  
                                                                           printing gets                        
                                                                           priority..                           
                                                                              *RULE AMENDED*                    
H.R. 2127......................  Labor/HHS           H. Res. 208          Open; Provides that                N/A
                                  Appropriations                           the first order of                   
                                  Act.                                     business will be the                 
                                                                           managers amendments                  
                                                                           (10 min), if adopted                 
                                                                           they will be                         
                                                                           considered as base                   
                                                                           text; waives cl 2 and                
                                                                           cl 6 of rule XXI                     
                                                                           against provisions in                
                                                                           the bill; waives all                 
                                                                           points of order                      
                                                                           against certain                      
                                                                           amendments printed in                
                                                                           the report; Pre-                     
                                                                           printing gets                        
                                                                           priority; Provides                   
                                                                           the bill be read by                  
                                                                           title.                               
H.R. 1594......................  Economically        H. Res. 215          Open; 2 hr of gen.                 N/A
                                  Targeted                                 debate. makes in                     
                                  Investments.                             order the committee                  
                                                                           substitute as                        
                                                                           original text.                       
H.R. 1655......................  Intelligence        H. Res. 216          Restrictive; waives                N/A
                                  Authorization.                           sections 302(f),                     
                                                                           308(a) and 401(b) of                 
                                                                           the Budget Act. Makes                
                                                                           in order the                         
                                                                           committee substitute                 
                                                                           as modified by Govt.                 
                                                                           Reform amend                         
                                                                           (striking sec. 505)                  
                                                                           and an amendment                     
                                                                           striking title VII.                  
                                                                           Cl 7 of rule XVI and                 
                                                                           cl 5(a) of rule XXI                  
                                                                           are waived against                   
                                                                           the substitute.                      
                                                                           Sections 302(f) and                  
                                                                           401(b) of the CBA are                
                                                                           also waived against                  
                                                                           the substitute.                      
                                                                           Amendments must also                 
                                                                           be pre-printed in the                
                                                                           Congressional record.                
H.R. 1162......................  Deficit Reduction   H. Res. 218          Open; waives cl 7 of               N/A
                                  Lock Box.                                rule XVI against the                 
                                                                           committee substitute                 
                                                                           made in order as                     
                                                                           original text; Pre-                  
                                                                           printing gets                        
                                                                           priority.                            
H.R. 1670......................  Federal             H. Res. 219          Open; waives sections              N/A
                                  Acquisition                              302(f) and 308(a) of                 
                                  Reform Act of                            the Budget Act                       
                                  1995.                                    against consideration                
                                                                           of the bill; bill                    
                                                                           will be read by                      
                                                                           title; waives cl 5(a)                
                                                                           of rule XXI and                      
                                                                           section 302(f) of the                
                                                                           Budget Act against                   
                                                                           the committee                        
                                                                           substitute. Pre-                     
                                                                           printing gets                        
                                                                           priority.                            
H.R. 1617......................  To Consolidate and  H. Res. 222          Open; waives section               N/A
                                  Reform Workforce                         302(f) and 401(b) of                 
                                  Development and                          the Budget Act                       
                                  Literacy Programs                        against the                          
                                  Act (CAREERS).                           substitute made in                   
                                                                           order as original                    
                                                                           text (H.R. 2332), cl                 
                                                                           5(a) of rule XXI is                  
                                                                           also waived against                  
                                                                           the substitute.                      
                                                                           provides for                         
                                                                           consideration of the                 
                                                                           managers amendment                   
                                                                           (10 min.) If adopted,                
                                                                           it is considered as                  
                                                                           base text.                           
H.R. 2274......................  National Highway    H. Res. 224          Open; waives section               N/A
                                  System                                   302(f) of the Budget                 
                                  Designation Act                          Act against                          
                                  of 1995.                                 consideration of the                 
                                                                           bill; Makes H.R. 2349                
                                                                           in order as original                 
                                                                           text; waives section                 
                                                                           302(f) of the Budget                 
                                                                           Act against the                      
                                                                           substitute; provides                 
                                                                           for the consideration                
                                                                           of a managers                        
                                                                           amendment (10 min) If                
                                                                           adopted, it is                       
                                                                           considered as base                   
                                                                           text; Pre-printing                   
                                                                           gets priority.                       
H.R. 927.......................  Cuban Liberty and   H. Res. 225          Restrictive; waives cl           2R/2D
                                  Democratic                               2(L)(2)(B) of rule XI                
                                  Solidarity Act of                        against consideration                
                                  1995.                                    of the bill; makes in                
                                                                           order H.R. 2347 as                   
                                                                           base text; waives cl                 
                                                                           7 of rule XVI against                
                                                                           the substitute; Makes                
                                                                           Hamilton amendment                   
                                                                           the first amendment                  
                                                                           to be considered (1                  
                                                                           hr). Makes in order                  
                                                                           only amendments                      
                                                                           printed in the report.               
H.R. 743.......................  The Teamwork for    H. Res. 226          Open; waives cl                    N/A
                                  Employees and                            2(l)(2)(b) of rule XI                
                                  managers Act of                          against consideration                
                                  1995.                                    of the bill; makes in                
                                                                           order the committee                  
                                                                           amendment as original                
                                                                           text; Pre-printing                   
                                                                           get priority.                        
H.R. 1170......................  3-Judge Court for   H. Res. 227          Open; makes in order a             N/A
                                  Certain                                  committee amendment                  
                                  Injunctions.                             as original text; Pre-               
                                                                           printing gets                        
                                                                           priority.                            
H.R. 1601......................  International       H. Res. 228          Open; makes in order a             N/A
                                  Space Station                            committee amendment                  
                                  Authorization Act                        as original text; pre-               
                                  of 1995.                                 printing gets                        
                                                                           priority.                            
H.R. 2405......................  Omnibus Civilian    H. Res. 234          Open; self-executes a              N/A
                                  Science                                  provision striking                   
                                  Authorization Act                        section 304(b)(3) of                 
                                  of 1995.                                 the bill (Commerce                   
                                                                           Committee request);                  
                                                                           Pre-printing gets                    
                                                                           priority.                            
H.R. 2259......................  To Disapprove       H. Res. 237          Restrictive; waives cl              1D
                                  Certain                                  2(l)(2)(B) of rule XI                
                                  Sentencing                               against the bill's                   
                                  Guideline                                consideration; makes                 
                                  Amendments.                              in order the text of                 
                                                                           the Senate bill S.                   
                                                                           1254 as original                     
                                                                           text; Makes in order                 
                                                                           only a Conyers                       
                                                                           substitute; provides                 
                                                                           a senate hook-up                     
                                                                           after adoption.                      
H.R. 2425......................  Medicare            H. Res. 238          Restrictive; waives                 1D
                                  Preservation Act.                        all points of order                  
                                                                           against the bill's                   
                                                                           consideration; makes                 
                                                                           in order the text of                 
                                                                           H.R. 2485 as original                
                                                                           text; waives all                     
                                                                           points of order                      
                                                                           against H.R. 2485;                   
                                                                           makes in order only                  
                                                                           an amendment offered                 
                                                                           by the Minority                      
                                                                           Leader or a designee;                
                                                                           waives all points of                 
                                                                           order against the                    
                                                                           amendment; waives cl                 
                                                                           5(c) of rule XXI (\3/                
                                                                           5\ requirement on                    
                                                                           votes raising taxes).                
H.R. 2492......................  Legislative Branch  H. Res. 239          Restrictive; provides              N/A
                                  Appropriations                           for consideration of                 
                                  Bill.                                    the bill in the House.               



                                                                                                                

[[Page H11482]]
     FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS--Continued--Continued     
----------------------------------------------------------------------------------------------------------------
                                                                          Process used for floor   Amendments in
            Bill No.                    Title           Resolution No.         consideration           order    
----------------------------------------------------------------------------------------------------------------
H.R. 2491......................  7 Year Balanced     H. Res. 245          Restrictive; makes in               1D
H. Con. Res. 109...............   Budget                                   order H.R. 2517 as                   
                                  Reconciliation.                          original text; waives                
                                 Social Security                           all pints of order                   
                                  Earnings Test                            against the bill;                    
                                  Reform.                                  Makes in order only                  
                                                                           H.R. 2530 as an                      
                                                                           amendment only if                    
                                                                           offered by the                       
                                                                           Minority Leader or a                 
                                                                           designee; waives all                 
                                                                           points of order                      
                                                                           against the                          
                                                                           amendment; waives cl                 
                                                                           59(c) of rule XXI (\3/               
                                                                           5\ requirement on                    
                                                                           votes raising taxes).                
----------------------------------------------------------------------------------------------------------------
*Contract Bills, 67% restrictive; 33% open. **All legislation, 53% restrictive; 47% open. ***Restrictive rules  
  are those which limit the number of amendments which can be offered, and include so called modified open and  
  modified closed rules as well as completely closed rules and rules providing for consideration in the House as
  opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart 
  of resolutions reported from the Rules Committee in the 103rd Congress. ****Not included in this chart are    
  three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.           


  Mr. FROST. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Texas [Ms. Jackson-Lee].
  Ms. JACKSON-LEE. Mr. Speaker, I think it is important for us really 
to stop the ballyhoo and just tell the truth; just with a swift 1-day 
hearing on Medicare and an overwhelming and devastating vote last week, 
we tore the Medicare Program apart. But yet we are being asked today to 
put off for tomorrow what we can actually do today.
  This is a bipartisan effort. We need to throw away the gifts, the 
golf clubs and whatever else takes us away from the work of this body.
  I came to this Congress just this year as a freshman, and on the very 
first day I stood up and spoke against gifts and lobbyists who cloud 
the issues and sometimes write the legislation. It is time now to 
defeat the previous question and join the leadership of the gentleman 
from California and the gentleman from Texas, both of whom have worked 
consistently in this bipartisan effort to support gift ban legislation.
  What is the problem of voting today on gift and lobby reform. This 
legislation is the people's legislation--it is important to vote on 
this legislation to reform our own House today.
  Let me also correct the record. In the 103d Congress this U.S. 
Congress, under Democratic rule, voted overwhelmingly for gift and 
lobby reform. It then went to the Senate. The conference report was 
accepted by the House with gift and lobby reform included. The House 
again voted overwhelmingly. Do you know what happened then, the reason 
why it was not passed, because there was a Republican filibuster led by 
the gentleman from Kansas, in the other body, who helped defeat 
important gift and lobby reform.
  It is important to defeat the previous question. It is time now today 
to vote in the right direction for the U.S. Congress to support today 
gift and lobby reform by defeating the previous question.
  Mr. Speaker, why put off for tomorrow what you can do today? This 
should be a bipartisan effort. The issue of gift and lobby reform has 
been an issue that I have supported since I became a Member of Congress 
10 months ago. In fact, on the day that I was sworn in as a Member of 
Congress, I expressed my views that there was a strong need for gift 
reform and lobby reform so that we could increase the confidence of the 
American people in their elected representatives.
  The Senate has already supported gift and lobby reform in a 
resounding vote with 98 Senators supporting reform and no Senators 
opposing reform. It is clear to me that we should act without delay.
  I urge my colleagues to vote against the previous question on the 
rule on the legislative branch appropriations bill so that we can amend 
the rule to include certain provisions on gift and lobby reform.
  The provisions that Congressmen Fazio and Bryant would like to offer 
are reasonable and ought to be supported by all Members of the House of 
Representatives. Those provisions are identical to provisions passed by 
the Senate.
  The provisions would limit the total value of gifts that a member of 
a staff member could accept to $100 per year from any source. No 
individual gift including meals or entertainment could cost more than 
$50. Free travel for recreational events such as charity, golf, and ski 
trips would be prohibited. Meetings and fact-finding trips in 
connection with official duties would still be permissible.
  Many Members of the House have spoken in previous months on the need 
for reform. Now is the time to act. If we include these provisions in 
the legislative branch appropriations bill, the President would be in a 
position to sign those provisions into law as soon as possible.

                              {time}  1130

  Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
[Mr. Doggett].
  Mr. DOGGETT. Mr. Speaker, you know, sometimes these gifts come gift 
wrapped, with a ski trip, a golf fee being paid, a little Cabernet 
Sauvignon. Sometimes they are not big enough to hold the gifts that 
come. Because the whole problem is that our Republican colleagues, when 
they talk about reform, and it is an amazing response to our request 
for bipartisan support to clean this place up, instead of getting a 
broom, they get a golf club. They have been unwilling to stand up to 
the golf caucus in this House. Since day one, they have given us plenty 
of speeches, they have given us plenty of talk of delay, but they have 
done absolutely nothing to separate the union between this Congress and 
the lobby. In fact, they place the lobby on the committee dais. They 
turned over committee computers to the lobby to write the bills up 
here. We ought to be putting the lobby names on some of these reforms, 
like the Gingrich golden rule Medicare cut bill that we passed here a 
couple of weeks ago.
  That is the way they have chosen to operate this House. And now, now 
that we have pressured them to come forward with reform, after they 
voted against cleaning this House up on January 4 they voted against 
cleaning this House up on June 20, they voted against cleaning this 
House up on June 22, they voted against cleaning this House up on 
September 6, last week they got so scared about it they jerked this 
bill off the floor. So, finally, after all the pressure from the 
Democratic Party, which last year the Democrat Congress passed reform 
twice, only to see Republicans kill it over in the Senate, finally, 
they have given us their answer: They held another press conference.

  Well, is that not marvelous? At that press conference they told us, 
as they have this morning, oh, they want to improve the Senate bill. 
They want to strengthen it. And what was the one example that they gave 
us of strengthening it at that great press conference? The golf caucus 
ruled again. They said they might have an exemption for us in the 
Senate bill to allow more golf gatherings to occur. That is the kind of 
reform we have been promised here.
  Mr. Speaker, I would say that what we need is not more speeches, not 
more press releases, but a little more bipartisanship. Indeed, in the 
words of an old Texas song, what we need is a little less talk, and a 
lot more action. It is time to get down to the main attraction, which 
is not a matter of showmanship, but a matter of action on this bill.
  Dr. King said it more eloquently, when he said that often wait means 
never. And that is exactly what it means. They have a plan to delay 
this bill and delay reform, to respond to the golf caucus, not to the 
needs of the American people.
  It is time clean up this House, and to do it today; not with a golf 
club, but with a broom. All we are asking is that bill that these very 
Members say they have sponsored, that they support, a bill that was 
approved in the U.S. Senate by a vote of 98 to 0, with Republicans and 
Democrats coming together, that that be made law today; not next week, 
not never.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself the balance of my time.
  The SPEAKER pro tempore (Mr. Upton). The gentleman from Florida is 
recognized for 30 seconds.
  Mr. DIAZ-BALART. Mr. Speaker, after 40 years of status quo, we have 
passed more reforms in this House than they have proposed in 40 years; 
and now we have a commitment by the leadership of this House to bring 
forth this legislation on gift and lobbying reform before November 16 
to this House. That is after balancing the Federal budget, after 40 
years of lack of action by the other side, and after saving Medicare.
  I am proud of what this leadership has done. I am proud of the 
commitment to bring forth what they been 

[[Page H11483]]

posturing about, in reality and genuinely, before November 16.
  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 noes appeared to have it.
  Mr. DIAZ-BALART. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to the provisions of clause 5 of 
rule XV, the Chair announces he will reduce to minimum of 5 minutes the 
period of time within which a vote by electronic device, if ordered, 
will be taken on the question of agreeing to the resolution.
  The vote was taken by electronic device, and there were--yeas 235, 
nays 184, not voting 13, as follows:

                             [Roll No. 746]

                               YEAS--235

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

                               NAYS--184

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

                             NOT VOTING--13

     Andrews
     Collins (MI)
     Conyers
     Fields (LA)
     Harman
     Hilliard
     Kaptur
     Mfume
     Moakley
     Oxley
     Riggs
     Tucker
     Weldon (PA)

                              {time}  1154

  Messrs. SKELTON, MARTINEZ, and PETERSON of Florida changed their vote 
from ``yea'' to ``nay.''
  Mr. DICKEY changed his vote from ``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Upton). The question is on the 
resolution.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________