[Congressional Record Volume 142, Number 97 (Thursday, June 27, 1996)]
[House]
[Pages H7040-H7050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROVIDING FOR CONSIDERATION OF CONCURRENT RESOLUTION PROVIDING FOR 
  ADJOURNMENT OF HOUSE AND SENATE FOR INDEPENDENCE DAY DISTRICT WORK 
                                 PERIOD

  Mr. DIAZ-BALART. Mr. Speaker, by direction of the Committee on Rules, 
I call up House Resolution 465 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 465

       Resolved, That upon the adoption of this resolution it 
     shall be in order, any rule of the House to the contrary 
     notwithstanding, to consider in the House a concurrent 
     resolution providing for adjournment of the House and Senate 
     for the Independence Day district work period.

  The SPEAKER pro tempore (Mr. LaHood). The gentleman from Florida [Mr. 
Diaz-Balart] is recognized for 1 hour.
  Mr. DIAZ-BALART. Mr. Speaker, for purposes of debate only, I yield 
the customary 30 minutes to the gentleman from Massachusetts [Mr. 
Moakley], pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for 
purposes of debate only.
  Mr. Speaker, House Resolution 465 provides for the consideration in 
the House of a concurrent resolution providing for the adjournment of 
the House and Senate for the Independence Day district work period. All 
points of order are waived against the resolution and its 
consideration.
  Because of the many open rules that have been granted by this 
Congress' Rules Committee--60 percent have been open or modified open--
which have led to many vigorous but lengthy debates and amending 
processes on the floor, the House has not yet been able to complete 
action on all of the appropriations bills and reconciliation 
legislation. Therefore, while adjournment resolutions are usually 
privileged, a rule is needed to waive the point of order that could be 
raised against the Fourth of July district work period resolution on 
the grounds that it violates sections 309 and 310(f) of the Budget Act. 
These sections prohibit the House of Representatives from adjourning 
for more than 3 days in July unless the House has completed action on 
all appropriations bills and any required reconciliation legislation.
  In addition, it should be noted that adjournment resolutions are not 
debatable, and upon adoption of this rule, the House proceeds to a vote 
on the adjournment resolution itself without further debate.
  Mr. Speaker, the House has completed as many of the appropriations 
bills as possible, and we are over halfway there. The House has 
approved the appropriations measures for military construction, foreign 
operations, Agriculture, Defense, Interior, and VA-HUD and tonight, we 
will work on the transportations bill, and the remaining appropriations 
and reconciliation measures are to be considered in a timely matter 
after next week. We have certainly made progress with the 
administration during this year's appropriations cycle over last year's 
process, and I am confident that the House will continue to make 
appropriate spending decisions after the Independence Day district work 
period.
  Independence Day is a time to be back in our districts, celebrating 
the birth of this great Nation, and listening to what our constituents 
have to say about the issues that are important to them.
  The Congress has very important spending decisions to make, with 
limited funds, and time spent in our districts listening to the 
priorities of our constituents will be very worthwhile. Therefore, Mr. 
Speaker, I feel that it is totally reasonable that the House return to 
our districts for the Independence Day work period, to reflect together 
with our constituents on the principles put forth by our Founding 
Fathers in 1776 that form the basis of our limited, representative 
Government.
  I urge adoption of the resolution, and I reserve the balance of my 
time, Mr. Speaker.
  Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to make something perfectly clear, we are voting 
on this recess rule because, once again, the Republicans have not done 
their job.
  This rule will waive provisions of law that require the Congress to 
get its work done before it recesses for July 4.
  So, Mr. Speaker, my Republican colleagues barely managed to fulfill 
their responsibility last year and it looks like they might not get it 
done this year either.
  Congress' primary responsibility is to pass 13 appropriations bills 
so that the Federal Government can function.

[[Page H7041]]

  Section 309 of the Budget Act says the House cannot leave for July 4 
until all 13 appropriations bills are passed. But, since my Republican 
colleagues have spent their time cutting Medicare and education to pay 
for tax breaks for the very rich, they haven't finished all of the 
appropriations bills.
  Mr. Speaker, after last year's budget fiasco I hoped my Republican 
colleagues would have learned their lesson.
  After Speaker Gingrich closed the Government not once, but twice. 
After Speaker Gingrich had to pass an unprecedented 13 continuing 
resolutions last year in order to buy time, I had hoped my Republican 
colleagues would decide to join us in putting families first this year.
  But it looks like we're not there yet.
  Last year the Contract on America was holding things up. Now, despite 
the contract's fizzling out, my Republican colleagues have only 
finished 7 of the 13 appropriations bills they were supposed to finish.
  That is not the way Congress is supposed to run, Mr. Speaker.
  And that's not the way the Democrats ran things.
  During the last session in which the Democrats were in charge, 12 
appropriations bills had passed the House by June 29. The last bill 
passed the House 2 weeks later.
  And, contrary to what some may assert, the inability of the 
Republicans to get their job done has nothing to do with open or closed 
rules. This year, 60 percent of the rules have been restrictive. We 
haven't been spending time openly discussing and amending legislation.
  Instead, my Republican colleagues have made enormous cuts in 
education, Medicare, and environmental protection, most to pay for tax 
breaks for the very rich.
   Mr. Speaker, that's not what the American people want. They want 
their needs to be given priority over the needs of the special 
interests, and they want Congress to stay until it gets the job done.
  I urge my colleagues to join me in opposing this rule. My Republican 
colleagues should do the work they were sent here to do.
   Mr. Speaker, I reserve the balance of my time.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am reminded that in one of his essays, George Orwell 
wrote that ``Hypocrisy is the British vice.'' Our distinguished friend, 
the gentleman from Massachusetts, seems to adamantly wish to replicate 
that trait in this House. I went back just three Congresses, Mr. 
Speaker, three Congresses, 6 years, in reviewing the record on this 
issue of the Fourth of July break. Not once, not once during those 6 
years, not once were all 13 appropriations bills passed at the time of 
the July recess.
  Mr. Speaker, do Members know how many times we, when we were in the 
minority, failed to grant the majority unanimous consent on this issue? 
Not once. So I maintain that George Orwell's trait, when he referred to 
it as a British trait is being replicated at this point at this time in 
this House.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from New York [Mr. Solomon].
  Mr. SOLOMON. I thank the gentleman for yielding time to me.
  Mr. Speaker, it is a shame we have to be here wasting an hour on this 
adjournment resolution. I have never in my 18 years here heard such 
crybabies. What do the very rich have to do with this adjournment 
thing? On that side of the aisle, they seem to think that anybody with 
a job is very rich. Do Members know what I think? I think many of the 
Members who have never run a business ought to resign and ought to go 
out and meet a payroll. Then I do not think we would hear this ``very, 
very rich'' business anymore.
  Let me just reinforce what my colleague on the Committee on Rules has 
just pointed out. That is that the Democrats have no grounds for 
complaints about this Fourth of July, Independence-Day-adjournment 
resolution, given their own track record.
  Let us look at the facts. Our earlier studies show that not once in 
the last 6 years of the Democrat-controlled Congress in this House did 
they meet the July recess deadline for completing action on the 13 
appropriation bills; as the gentleman just said, not once. So what are 
they standing up here crying for, and making all these absurd 
statements?
  Since I thought that might be unfair to the Democrats to only go back 
6 years, today I had the staff go back at least 10 years. We can go 
back 40, if Members want to. Sure enough, in one of those years, 1988, 
they actually did complete House action on all 13 appropriation bills 
by the July recess, once, back in 1988. Did the Members remember that? 
I was here, I remember it. I see the gentleman's hand go up, he 
remembers it. In all fairness to the Democrats, they did meet the 
deadline under the Budget Act at one time in their last decade in 
control of this House. That is a fact, Mr. Speaker.
  How does that compare to the Republican 104th Congress? While the 
average number of appropriation bills the Democrats passed by the July 
recess in their last 10 years was 6.2, our average, counting today's 
transportation appropriation bill, which will finish about midnight 
tonight because of the wasted time here on this foolish bill, we have 
completed 7 last year, 6 this year. That averages out to more than they 
did over all those years, gentlemen.
  So notwithstanding the fact that we still are rather new at all this, 
we have only been at it about 18 months now, we are still doing better 
than those guys did all these years. Mr. Speaker, what is really 
disturbing is the Democrats would take the time of this House of 
forcing this matter into the Committee on Rules for a special rule, 
just so they can say they are making some kind of an issue here.

                              {time}  1815

  Our survey of the last 10 years of Democratic control shows that in 
each year of that decade, the Republican minority, that was us then, 
permitted these resolutions to come up on the floor under a unanimous-
consent statement. We did not waste all of this body and paying all of 
this overtime to all of these people on this foolish resolution. We 
acted instead in the spirit of bipartisan cooperation. That is comity. 
Remember what it used to sound like?
  We used to have some comity in this body. So it is indeed sad that 
the Democrats have stooped to this to make a partisan issue on this 
Independence Day.
  I am going to tell my colleagues something. I live up in the Hudson 
Valley. I represent the Catskills and the Adirondack Mountains. That is 
where the Revolutionary War was fought, Independence Day, July 4. I 
want you to come up and see where General John Burgoyne surrendered to 
Horatio Gates. That was the turning point. That was the battle that 
made this the greatest, freest Nation on earth.
  What are we fooling around here for? All of us pack up our bags and 
let us go home. Let us see what it is really like back home, and let us 
stop talking very, very, very much. I never heard such goings-on. I 
will back up with fact this study, Mr. Speaker.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MOAKLEY. Mr. Speaker, the reason I bring that up is because the 
Republicans said they were going to run the Committee on Rules 
completely different. They were going to run the Congress completely 
different. And they have not. That is why 60 percent of the rules have 
been closed and they have not brought the appropriation bills forward. 
So they are not doing what they said they would do.
  Mr. Speaker, I yield 9 minutes to the gentleman from Wisconsin [Mr. 
Obey], the ranking member on the Committee on Appropriations.
  Mr. OBEY. Mr. Speaker, I would like to not talk so much about the 
past but about the present and the future.
  The situation, as this chart shows, is that, if we take a look at 
what has happened to each of the 13 appropriation bills that we are 
supposed to be passing this fiscal year, so far 7 of them, those in red 
that reach this line here, 7 of them by the end of the day will have 
passed the House. Only one will have passed the Senate. There are three 
more which are moving their way through the Committee on 
Appropriations, and there are three which have not yet begun the move 
through the Committee on Appropriations. So that means that 7 out of 
the 13 will be passed through the House by the end of the day.

[[Page H7042]]

  That is absolutely not the fault of the gentleman from Louisiana [Mr. 
Livingston] or the leadership of the Committee on Appropriations. But I 
do think we need to look at what the problems are so that we can try to 
deal with them.
  The problem, the main problem is that, first of all, the budget 
resolution was 2 months late. Because of that, the Committee on 
Appropriations has been forced to do in approximately 3 weeks time what 
ordinarily would take about 10 weeks to accomplish. That is in my view 
the price that was paid for the extremism that was reflected in the 
general budget resolution. Even the Republican majority in the Senate 
could not take the extremism represented by the House-passed budget 
resolution, and they demanded substantial changes. It took a long time 
to get them. That put us behind.
  Second, we also have what I would describe as the ``my-way-or-no-
way'' mentality, which still apparently dominates the majority party 
caucus in this House on a number of these appropriation bills. Example: 
Just last night we had an effort made by the gentleman from Ohio [Mr. 
Stokes] to offer an amendment which would have repaired the problems on 
the VA-HUD bill.
  The subcommittee chairman, Mr. Lewis, graciously recognized that we 
had a problem and tried to deal with it, but he was overcome by the 
extremists in his own caucus. So they would up refusing to provide the 
major fix-ups that everybody knows are going to be necessary in that 
VA-HUD bill if the bill is ever going to become law. If those fix-ups 
are not made, we are simply going to have a bill that goes nowhere.
  Just this morning in the Committee on Appropriations on the Treasury, 
Post Office bill, accommodation was reached on several items. But it 
has been made quite clear by the Treasury Department and by the 
Committee on Ways and Means, for instance, if I could add that, that 
the committee is insisting on extreme actions with respect to dictating 
how the IRS goes about modernization. They are insisting on taking 
actions which the Republican leadership on the Committee on Ways and 
Means says will lead to a loss of revenue. And if you have a loss of 
revenue, you are going to have an addition to the deficit. Yet when 
efforts were made to try to fix that problem, they were all rejected. 
So it is ``our-way-or-no-way.''
  Again, it is quite clear from my conversations with Treasury that 
that bill will not see the light of day. It will never become law 
unless it is repaired so that we do not damage the ability of the IRS 
to collect the taxes that are due under law.
  The Interior appropriation bill, because of the extreme allocation 
provided, has already been put on the veto list. In addition to that, 
the Labor HEW bill, because of the woefully inadequate allocation winds 
up providing $2.5 billion less for education alone than the President 
is requesting. That is going to mean a long stalemate unless we have a 
much more flexible attitude exhibited by the majority party in this 
House.

  Mr. Speaker, I want to correct a little bit of history here. The last 
year that our party controlled this House, I chaired the Committee on 
Appropriations. We passed every single appropriation bill before the 
end of the fiscal year, every single one. Now, we did not do that 
because of any peculiar wisdom on my part. We did it because my party 
leadership allowed me to cross the aisle, go to the Republican 
leadership on the committee and work out a bipartisan allocation under 
the 602 budget process under which we agreed on a bipartisan basis how 
much money would go into each of those 13 spending bills. Because we 
had reached bipartisan agreement, we were able to pass all 13 of those 
appropriation bills on time.
  The leadership of the Committee on Appropriations was never allowed 
to do that this year because of the extreme agenda already referred to 
by the gentleman from Massachusetts, which requires that we squeeze 
every last dollar out of education and every last dollar out of job 
training in order to fund tax cuts for people making $200,000 a year. 
That is the problem. Until that is gotten over by the majority party in 
this House, it is not going to be possible to pass these bills, and we 
risk running into the same kind of chaos that we had last year.
  I would remind by colleagues that there are only 31 working days left 
before the end of the fiscal year. Can anybody tell me they really 
believe we are going to be able to finish all 13 appropriation bills, 
half of which are not yet through the House, only one of which is 
through the Senate, unless we get a far more flexible and a far more 
bipartisan attitude on the part of the majority than we have gotten to 
date?
  Now, I know that the leadership of the Committee on Appropriations 
has tried everything possible to get their bills done on time, but they 
cannot be expected to perform legislatively impossible acts. When the 
leadership on the majority side does not understand the realities of 
passing appropriations legislation, then they put the leadership of the 
Committee on Appropriations in an impossible situation; and no matter 
how hard they try, they cannot deliver on an impossible set of orders.
  So I would suggest, I know there is plenty of goodwill on the part of 
the majority on the Committee on Appropriations, and I know that people 
are used to being workhorses on the committee. They are used to trying 
to work things out in ways which make reasonable accommodations to 
people who happen to sometimes disagree with them. We had to do it when 
we were in control of the House. I would suggest that the majority 
party needs to understand that we had to do it when we were in the 
House if we wanted to get things done on time and if we wanted to get 
things done in a way which brings credit to this House.
  So I think it is essential that we have a more reasonable attitude 
demonstrated by the majority leadership in this House. I think it is 
essential that we recognize that there are going to have to be major 
changes in the budget allowances provided these bills, because the 
President is not going to accept and the country is not going to accept 
short sheeting education, short sheeting job training, short sheeting 
other programs that are needed by middle class working people in order 
to provide $11 billion more than the President and the Pentagon are 
asking for, and in order to salt away money for tax cuts for high-
income people. That just is not going to happen.
  So if my colleagues want to know what is in store for us, recognize 
we are only halfway home in passing the bills through the House. Our 
principal obligation under the Constitution in this Congress is to pass 
our appropriation bills. I plead with my colleagues, we cannot get that 
done unless there is a much more flexible attitude on the part of the 
top party leadership in this House so that we can reach reasonable 
bipartisan accommodation and get the job done the way the country 
expects us to get the job done.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. DIAZ-BALART asked and was given permission to revise and extend 
his remarks and include extraneous material.)
  Mr. DIAZ-BALART. Mr. Speaker, I think it is important to realize the 
longer we take discussing this rule, the longer it will be until we can 
get to the seventh appropriation bill, the seventh appropriation bill, 
which we want to pass tonight.
  Mr. Speaker, I yield 5 minutes to the distinguished gentleman from 
Colorado [Mr. McInnis] of the Committee on Rules.
  Mr. McINNIS. Mr. Speaker, I thank the gentleman from Florida for 
allotting me the time to address some of the statements that have been 
made previously.
  First of all, I think we should start out with the preceding speaker, 
who keeps using on a routine basis the word short cheating. I am not 
sure what short cheating is, but I can tell the previous speaker that 
shortchanging is exactly what he is doing to the American people by 
continuing to frivolously argue a procedural motion. This is a motion 
that, when we were in the minority for at least the 6 years that we 
have researched, we never had a debate like this. We did it on a 
unanimous resolution.
  Let me give my colleagues the history of what we have here, the 
criticism we are receiving. Let us first of all talk about what it is 
we are debating. What we are debating is a very simple management 
procedure, and

[[Page H7043]]

that is to put this House in adjournment so that the Members of this 
House can go back to their districts on July 4 and work in their 
districts. Very simple. Very noncontroversial. Every year except now. 
All of a sudden it is a golden opportunity to whine about the majority.
  Well, let us look at what we did, when we were in the minority and 
they were in the majority on the July 4 resolution for adjournment.
  In the 99th Congress, the first session, did they have a special rule 
for this? No. We did it on unanimous consent. Did they have their 
appropriation bills passed? No. The 99th, second session. Did we 
require a special rule? No. Did they have their number of 
appropriations bills passed? No. On the 100th, for the first and second 
session both, did we require a special rule? No. Did they have their 
appropriations passed? No. The same thing for the 101st. The same thing 
for the 102d. The same thing for the 103d.
  Why are my colleagues trying to stall this? This is not a game. We 
need to get to work.
  Last night Members on both sides of the aisle in this House worked 
until 2 o'clock. Tonight, especially the way it is going right now, we 
will probably be here until 2 o'clock again. These people need to get 
back to their districts. This is not a controversial issue.
  What has happened is, some Members have captured this as an issue to 
cry about being in the minority, to stand up and whine and whine. 
Frankly, we are not accomplishing anything.

  Let us make a couple of points of clarification. The gentleman 
preceding me is a very good speaker. He brought up a nice chart, it 
looks great. He talked about how when he was on the Committee on 
Appropriations, when he was chairman of the Committee on 
Appropriations, why they were able to pass all of these bills by the 
end of the fiscal year.
  Well, we are not talking about the end of the fiscal year on July 4, 
That comes on September 30. That is still several months away. We need 
to compare apples to apples. When we compare apples to apples, we find 
that the minority cooperated, and that is a word that we ought to use 
around here, cooperated with the majority when we were in the minority 
for the July 4 adjournment so that Members could go back to their 
districts for the July 4 holiday, although, as all of us know, it is 
not really a holiday because we participate in parades and we want to 
work our districts, and I think we should work our districts.

                              {time}  1830

  I think it is also very important to note, and I hear it again from 
the preceding speaker, about on one hand the gentleman says we need to 
have more cooperation around here. On the other hand, taking a look at 
the record of the gentleman's comments, probably every fifth sentence 
he turns around and calls it extreme positions, the extremists over 
here, the short-cheating, these kind of verbal attacks. That is not 
going to get us anywhere. Let us cooperate. We have got a lot of work 
left yet to do tonight and I think we need to focus on that work. I 
think we would much better spend our time dealing with issues of 
substance instead of arguing about a simple management procedural 
resolution.
  Mr. MOAKLEY. Mr. Speaker, I yield 30 seconds to the gentleman from 
Wisconsin [Mr. Obey], the ranking minority member of the Committee on 
Appropriations.
  Mr. OBEY. Mr. Speaker, I would simply note for the gentleman's 
attention that three Members of your own caucus have described what you 
did on the budget last year as being silly extremism and I agree with 
them.
  Mr. MOAKLEY. Mr. Speaker, I yield 4 minutes to the gentleman from 
Texas [Mr. Doggett].
  Mr. DOGGETT. Mr. Speaker, I am stunned genuinely to hear the last 
speaker refer to whining, to refer to crying. I find even more stunning 
the comments of the distinguished chair of the Rules Committee 
referring to crybabies. I had thought that would be an incident that 
our Republican colleagues would just as soon forget, because all 
America knows there was only one crybaby involved in all this and that 
is what finally led to the Government shutdown last November.
  Mr. Speaker, I think that America can look at what is happening here 
tonight and can say in short, ``Been there, done that.'' We had your 
hurry-up-and-stop approach to government all of the last year. Where 
did it lead America? It led us down the road to two very costly 
Government shutdowns, and when all was said and done and we followed 
your path, the American taxpayer got a bill for $1.5 billion of wasted 
taxpayer money because you did not do your job and then a crybaby came 
along and pouted and we ended up with a Government shutdown and no 
budget.
  The law on this is very clear. You are such revolutionaries 
apparently you would believe in flouting the law instead of following 
the law. The law does not say anything to prevent Mr. Solomon from 
going to upstate New York and talking to all the other revolutionaries 
that he might want to talk to. It says you can take 3 days and have 
your watermelon and your apple pie and make your Fourth of July speech 
but if you do not have your work done, come back to Washington and get 
it done.
  The only reason that you are having to offer this resolution is you 
do not want to do that work. You do not want to follow the Budget Act 
that is written into our law. If you did that, you would not need this 
resolution. You profess so much concern about the budget, about getting 
it balanced, about protecting future generations. I share that concern.
  Mr. Speaker, it is unique that the gentleman from Cleveland would ask 
me to yield. He is the one who raised the crybaby point last November 
when a crybaby did lead to the problems that we have in this country.
  Mr. HOKE. Will the gentleman yield since he used my name?
  Mr. DOGGETT. On your time I will yield for the full 30 minutes but on 
my time I want to talk about the way you are flouting the law, flouting 
the Congressional Budget Act. If you think that act is inappropriate, 
then change the law, but it is on the books.
  Tonight we find that only half of the appropriations bills have been 
passed, and we further find that our Republican colleagues, including 
those who have asked me to yield, have boasted of the fact that they do 
not plan to complete their work, never planned to complete it, because, 
purely for political advantage, they have decided to wait until 
September, not until July as the law requires but to wait until 
September to even bring up the last reconciliation act, so they plan to 
provide us the same old kind of brinksmanship that led to the 
Government shutdown, that led to the crybaby incident, that produced 
the failure of the last Congress. I think America does not want a 
repeat of that kind of failure. It cost us too much before, and it 
resulted in a great deal of pain and anguish for millions of American 
citizens. I know it takes you time to get this job done, especially 
when you want to cut Medicare and you want to cut education and you 
want to put all these restrictions on enforcing our environmental laws. 
It takes a lot of time to figure out how to do it. But it is wrong and 
you ought to stay here and get your job done.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as I listened with wonder to the other side, I thought 
it was the water for a while, but no, Mr. Speaker, it is the political 
calendar. And what marvelous, weird things the political calendar can 
do. Not once over the last 6 years did they finish their appropriations 
bills, and we always gave them unanimous consent. Now at least the 
distinguished former chairman of the Rules Committee, the distinguished 
ranking member said, ``Well, we thought that they would be different.''
  The reality of the matter is we are different because we are 
balancing the budget. At least we expected them to be in one way 
similar to how we were, and, that is, in essential courtesy. But they 
did not grant us unanimous consent.
  Mr. Speaker, I yield 5 minutes to the gentleman from Florida [Mr. 
Mica].
  Mr. MICA. Mr. Speaker, I heard with great dismay the other side of 
the aisle, some of the previous speakers, talk about the Republican 
extreme agenda. I want to talk about the Republican agenda and respond 
to their comments. I have heard that, I hope,

[[Page H7044]]

for the last time. They talk about Republican proposed changes in 
education, in job training, environment, and welfare. I want to talk 
about my perspective and how I came here and what I saw and what we 
tried to do.
  First of all, let us look at education. We did not propose any cuts 
over the next 7 years in education. We actually proposed an increase in 
expenditures of $24 billion. It is not just how much money you spend on 
education or any other program. We are spending more money, billions of 
hard earned taxpayers' dollars on education, we are spending more on 
programs for education. The question is how you spend the money and 
what results you get.
  Let us look at the results. Our children have diplomas they cannot 
read. I have 71 percent of my students in central Florida in one 
community college requiring remedial education upon entry. Is that 
success? We are paying for metal detectors in our schools instead of 
teachers. We have built an administrative bureaucracy, starting in 
Washington, in Atlanta, in Tallahassee, where we are paying 
administrators and we do not have money to pay teachers. Teachers and 
students are our last priority. It is this bureaucracy that we have 
built and we are supporting that the American people do not want.
  Job training. Here is an article from several weeks ago in my local 
paper. This is a State of Florida report. State and Federal governments 
spend about $1 billion a year on vocational job programs in my State. 
Less than 20 percent of those who enter the job training program ever 
complete it. Of that, 19 percent get a job.
  This is what the argument is about here. This is what it is about. We 
are spending incredible amounts of money, our people are out busting 
their buns sending taxpayer dollars here, and the job training programs 
in my State, one State, $1 billion, a total failure.
  This is what the argument is about. This is what the shutdown was 
about, because for 40 years they did it their way, and this is the 
result. I have students that cannot read. You try to employ someone and 
get them with basic skills and you cannot do it.
  The environment. We had a debate here yesterday about the 
environment. Superfund, supposed to clean up hazardous waste sites. 
What has it done? The money has gone for attorneys and studies. In 
Florida, we have one hazardous waste site that has had six project 
managers. One of the project managers came back and is now a 
consultant.
  I sat on the committee that oversees the EPA, and you will find that 
the people that work now as consultants are former EPA employees, about 
80 to 90 percent of them. An incestuous relationship.
  A GAO study last year said that the sites that they picked to clean 
up, the few that they clean up, are not the sites that pose the most 
risk to our children's health and our public safety.
  Is what we are doing with your dollars, your taxpayer dollars in the 
environment, what we have done, what we have set up, is it effective? 
The answer is no. You are paying more and getting less. Forty years of 
tax-and-spend. They tried taxing you even more here.
  I submit the reason the American people feel like they have less is 
because they have less, because they have taxed you more in the past 3 
years. You have less, you have less opportunity, and you have less left 
over in your paycheck, whether you are a senior citizen and they taxed 
your Social Security, whether they gave more money to those who wash up 
on our shores illegally than they gave in benefits to our veterans.
  That is what this is about. It took shutting government down. And 
then the President tried to embarrass us. He was as guilty as anyone in 
the process. He did not want to work together. He wanted to make 
political advantage of it. This is what it is about.
  Then Medicare. They destroyed Medicare. They are watching it die on 
the vine and they do not care about it. I have family members who are 
senior citizens that depend on Medicare. We want to save Medicare. We 
want to protect Medicare. They want to destroy it.
  Mr. MOAKLEY. Mr. Speaker, would the Chair tell me how much time the 
gentleman from Florida [Mr. Diaz-Balart] and I have remaining?
  The SPEAKER pro tempore (Mr. LaHood). The gentleman from 
Massachusetts [Mr. Moakley] has 12\1/2\ minutes remaining, and 
gentleman from Florida [Mr. Diaz-Balart] has 11\1/2\ minutes remaining.
  Mr. MOAKLEY. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Connecticut [Ms. DeLauro].
  Ms. DELAURO. Mr. Speaker, I am delighted to hear the gentleman who 
just spoke talk about how it took shutting the Government down. It was 
their deliberate action to shut the Government down twice, and to 
provide the American people with the pain that they felt in the United 
States Government being shut down. By their own admission, they 
deliberately shut the Government down.
  As for withering on the vine, we know whose quote that is. The 
Speaker of the House has talked about Medicare withering on the vine, 
that ``We cannot go after it in this round, but we go after it next 
year, so in fact it will wither on the vine,'' destroying Medicare for 
the people today and tomorrow who depend on the Medicare system.
  Also the gentleman from Florida spoke of Republicans balancing the 
budget. Well, my friends, on the contrary, the exact opposite is true. 
Republicans passed the budget in this House 2 weeks ago that in fact 
increased the deficit for each of the next 2 years by $40 billion.
  By their own admission, the Republican freshmen revolted. They said 
they did not come here to increase the deficit, that in fact they came 
here to balance the budget, and they revolted. However, some of them 
had their arms twisted so that in fact the Republican majority could 
pass a budget that increases the deficit over the next 2 years. Let us 
get the facts straight.
  Mr. Speaker, the adjournment resolution has been made necessary by 
the majority's failure to make the progress required under the Budget 
Act. This resolution is the perfect commentary for a Congress whose 
legacy is a failure to live up to its fiduciary responsibility to tend 
to the public interest. Half of the annual appropriations bills have 
not been passed by this Chamber.

                              {time}  1845

  The Speaker and the Republican majority, they want to go home for a 
Fourth of July vacation. They shut the Government down again by their 
own admission today, and they had to do it.
  Mr. Speaker, last year Speaker Gingrich shut down the Government, 
went home for Christmas vacation, and now the Republican majority wants 
us to pass this resolution. It is a little bit like getting a note from 
home, letting them off the hook because they have not done their 
homework.
  This is the Republican revolution, and when will these 
revolutionaries grow up and take their responsibilities to the American 
people seriously? Commerce, State, Energy and Water, Treasury, Postal, 
Labor, Health and Human Services, and Education, the list of unfinished 
business goes on and on and on for the last 20 months. They have not 
fooled the American public where they have said that what they truly 
want to do is to cut Medicare, Medicaid, education and the environment 
to pay for tax breaks for the wealthy. That is what the last 19 months 
has been about, and in the last month, they capped it off with passing 
a budget that increases the deficit.
  Mr. Speaker, I call on my colleagues, vote against this resolution. 
Let us stay on the job until the people's business is done in the 
people's House.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we want to get back to work. We never, when we were in 
the minority, took up an hour on this procedural motion. Obviously, 
they have the procedural right to do this if they so wish, and they are 
doing it. It is a shame because we want to get to work on the seven 
appropriations bill which we have to ready for consideration in the 
House, the transportation appropriations bill.
  But not all Members on the other side of the aisle want to refuse to 
go to work. As a matter of fact, I would like to recognize for a couple 
of minutes at this point the distinguished gentleman from the other 
side of the aisle but who wants to go to work, the gentleman from Ohio 
[Mr. Traficant], for 2 minutes.
  Mr. TRAFICANT. Mr. Speaker, I do not want to get in the middle of a 
balanced budget debate. Quite frankly, I

[[Page H7045]]

do not think either party is going to balance the budget. I think 
people are going to be looking for jobs in Mexico the way things are 
going around here.
  I have been here a number of years, and I think there was only 1 year 
under Jim Wright where we had all of these appropriation bills done by 
July 4th. The American taxpayers and workers have to work till July 3 
to pay for Federal taxes, State taxes, local taxes, and for the 
regulatory burden they have; July 3.
  We have staff around here that is burned out. Democrats very rarely 
finish their programs by the Fourth of July. I dearly love the ranking 
chairman, the former chairman of the Committee on Rules. This is no 
slight to the chairman. I am going to vote for the rule. I am going to 
vote for the resolution. I am going to vote to adjourn. The Republican 
Party is at least working on these particular issues. I think we have 
gone an hour on this. Quite frankly, I have never seen this happen 
before. Now, my last recollection was 1998, Jim Wright, we had all 
these appropriation bills done on time. We have set no record ourself. 
I am going to vote for the rule, and I am going to vote for the 
resolution.
  I think as a body we should consider the staff that works here. 
Sometimes they go till 3 in the morning, get back at 7, and I think we 
should be a little more considerate.
  Mr. MOAKLEY. Mr. Speaker, I yield 6 minutes to the gentleman from 
North Dakota [Mr. Pomeroy].
  Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, there are times when we are in our office working away 
and we hear one of the speeches on the floor coming over that C-SPAN 
channel and we are compelled to set the record straight. It is indeed 
this feeling of being compelled to set the record straight that brings 
me forward to address the rule before us.
  While my preceding speaker, my colleagues and friend, the gentleman 
from Ohio [Mr. Traficant], acknowledged that it may be unusual to have 
all the appropriations bills done by this point in time, I would make 
the point that we have never, ever seen such a debacle with the 
handling of appropriations bills that we saw in the first year of this 
104th Congress.
  This House of Representatives has never, ever shut the Federal 
Government of this country down because it could not, would not get 
work done. That is the sorry legacy of the 104th Congress, and I do not 
think it is too much to expect that they would therefore try to get it 
done by the time the law says it has to be done, not have to come to 
the floor, ever chomping at the bit to climb on some airplane and fly 
home and waive the law, waive the completion requirement for getting 
the appropriations business done.
  In light of the record of this Congress, we have got to wonder, I 
think the American taxpayers have to wonder, just what is coming, what 
can they expect. Another shutdown when at the end of the fiscal year 
the work has yet to be completed?
  There are some fact issues that have been egregiously misrepresented. 
Those include funding for education and training. In fact, I heard a 
preceding speaker allege that any suggestions that reductions in 
education funding simply are false statements. Well, let me tell my 
colleagues, those statements are the false statements. In fact, overall 
education and training budget authority is $60 billion below the 
President's plan for 1996 through 2002. The Republican funding cut for 
fiscal year 1996 through 2002 is $58 billion in real terms, or 19 
percent below the 1995 enacted level. Nineteen percent below the 1995 
enacted level. Nineteen percent below the 1995 enacted level, and we 
have a suggestion that there has been no reduction in education 
funding. Hogwash. There is a record here, and a record some of our 
colleagues might want to deny, but the fact of the matter is a record 
very firmly established, and the record is there have been cuts to 
education.
  Medicare, oh, we are going to hear a lot in the next few months about 
people's concern about Medicare, but the fact of the matter is there 
was a resolution that passed this Congress that cut Medicare $270 
billion. Our colleagues say it had to do with fixing the trust fund. 
Well, we know what it had to do with. It had to do with funding a $245 
billion tax cut, disproportionately benefiting the wealthiest people in 
this country. It is a record, a record of the 104th Congress and, if I 
was in the majority, not a record to be very proud of.
  There are a number of other examples. The reduction in earned income 
tax credit, the proposed $17 billion tax increase to working families. 
All of these have constituted the record of this Congress.
  Mr. DOGGETT. Mr. Speaker, will the gentleman yield?
  Mr. POMEROY. I yield to the gentleman from Texas.
  Mr. DOGGETT. Mr. Speaker, all of this, with all of those failures, 
all those attempts to wreck education, to wreck Medicare, what they 
call reconciliation, which was the right name for that bill that they 
did that it, all of that and then they have come, have they not, this 
year and they are actually increasing the budget deficit with the bills 
that they have proposed and not passed, they are going to increase the 
budget deficit this year after we had it on the path the last 4 years 
coming down every single year under Democratic leadership.
  This year they have passed a bill to increase the deficit this year, 
then to do it again next year. Maybe that is why they want to go home: 
they are not too proud of the increases that they proposed this year 
and next year.
  Mr. POMEROY. Reclaiming my time, I think the gentleman's point is 
well taken.
  As we know, they barely passed that budget resolution, and now we 
read in the Washington Post today the Speaker has convened a team of 
Pentagon officers on loan to do an after-action review, military jargon 
for ``how come it was such a close call?'' I could tell the Speaker if 
he would just call me. It was a close call because it did not drop the 
deficit toward a balanced budget, it raised the deficit. The Speaker is 
going to send home Members of his own caucus; the only record they will 
have in advancing toward a balanced budget is the deficit going up on 
their watch. That is why the Speaker barely passed his budget.
  Mr. DOGGETT. If the gentleman will continue to yield, I believe that 
the more the American people find out about these failures of this 
Congress that some of these folks are going to have an opportunity to 
go home for a lot longer than 3 days.
  Mr. POMEROY. Mr. Speaker, I thank the gentleman for his question.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Louisiana [Mr. Livingston], chairman of the 
Appropriations Committee.
  (Mr. LIVINGSTON asked and was given permission to revise and extend 
his remarks.)
  Mr. LIVINGSTON. Mr. Speaker, being one of those Members who just 
happened to walk in, having been one of those Members who happened to 
be back in his office watching C-SPAN and being compelled to come to 
the floor to respond to the last speaker and his comments, I have to 
say that I am compelled to set the record straight.
  We have just completed six bills in the appropriations cycle. We are 
going to complete the seventh tonight, the seventh, I remind the 
Members, before the July 4 recess.
  And how interesting it is I have in my hand a record of the last five 
Congresses. I have to say the gentleman who preceded me might have been 
right; in the 103d Congress, both sessions, they did exceed the number 
of bills that we have had, but in the 102d, second session, the 
Democrats only passed six bills out of the House before the July 4 
recess. In the 101st Congress, they missed in both sessions. In the 
second session, it was only three. In the first session it was only 
one.
  Now, they did it all right in the 100th Congress, in the second 
session. But in the first session, they only passed six. And my 
goodness, in the 99th Congress, if I do recall correctly, the Democrats 
controlled not only the 99th but the 98th and the 97th all the way back 
for 40 years, and they had had a lot of practice. They had had a lot of 
practice, but they only passed one single appropriation bill in the 
second session and guess how many in the first session. I am shocked: 
zero. Zero appropriation bills before the Fourth of July.
  Let us hear about this appalling record. In not only the 103d, the 
102d,

[[Page H7046]]

the 101st, all the way back, do my colleagues know that since World War 
II, they only balanced the budget about three times, three single 
years? And all those other years they spent more than they received, 
sometimes as much as $100 billion a year, sometimes as much as $200 
billion a year, sometimes as much as 300 or more billion dollars a 
year. And they aggregated about $5 trillion worth of debt.
  Now, did they do anything about it? Did they sit in their office and 
feel compelled by their viewing of C-SPAN to come to the floor and 
condemn a record that accumulated $5 trillion worth of debt? Did they 
feel compelled to scream out about the $20,000 debt imposed upon every 
man, woman, and child in America? No, of course not. They would pass 
another program. They would establish another agency. They would create 
another department. They would go home for the Fourth of July and say, 
``Look what I have done for you with your money. We are going to borrow 
more money.'' That is what they accomplished. They accomplished a 
record of profligate spending unparalleled by any nation in the world. 
What they have accomplished is giving our children a legacy that they 
will not be able to repay.

  Now, this July 4, we can go home because of the record of the 104th 
Congress and we can say we passed a series of rescission bills in the 
spring of 1995 that cut $20 billion from what was appropriated by the 
previous Democrat Congress. In the fall, yes, the process took a long 
time, and I am sorry that it made all of us work so hard, and I am 
sorry that the President vetoed three bills, and I am sorry that the 
Democrats filibustered the biggest bill, the Labor-Health bill in the 
Senate. But the 1996 process saved the American people another $23 
billion. We are midway through the 1997 process, and I hope we are 
going to save another $15 to $20 billion.
  So below what was appropriated by the Democrats in the last Congress 
in which they had control, we have saved the American taxpayer some $60 
billion. If you look at the budget projected by the President, had he 
had that spendthrift Congress, we have saved about $80 billion. That is 
a record.

                              {time}  1900

  That is a record on which we can be very, very proud for the Fourth 
of July.
  Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, at the beginning of this Congress the Republican 
majority claimed that the House was going to consider bills under an 
open process.
  I would like to point out that 60 percent of the legislation this 
session has been considered under a restrictive process.
  Mr. Speaker, I include the following extraneous material for the 
Record:
  


          FLOOR PROCEDURE IN THE 104TH CONGRESS 1ST SESSION; 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................           None.
                                  Package.                                                                      
H.R. 5*........................  Unfunded Mandates.  H. Res. 38           Restrictive...........            N/A.
H.J. Res. 2*...................  Balanced Budget...  H. Res. 44           Restrictive...........         2R; 4D.
H. Res. 43.....................  Committee Hearings  H. Res. 43 (OJ)      Restrictive...........            N/A.
                                  Scheduling.                                                                   
H.R. 101.......................  To transfer a       H. Res. 51           Open..................            N/A.
                                  parcel of land to                                                             
                                  the Taos Pueblo                                                               
                                  Indians of New                                                                
                                  Mexico.                                                                       
H.R. 400.......................  To provide for the  H. Res. 52           Open..................            N/A.
                                  exchange of lands                                                             
                                  within Gates of                                                               
                                  the Arctic                                                                    
                                  National Park                                                                 
                                  Preserve.                                                                     
H.R. 440.......................  To provide for the  H. Res. 53           Open..................            N/A.
                                  conveyance of                                                                 
                                  lands to certain                                                              
                                  individuals in                                                                
                                  Butte County,                                                                 
                                  California.                                                                   
H.R. 2*........................  Line Item Veto....  H. Res. 55           Open..................            N/A.
H.R. 665*......................  Victim Restitution  H. Res. 61           Open..................            N/A.
                                  Act of 1995.                                                                  
H.R. 666*......................  Exclusionary Rule   H. Res. 60           Open..................            N/A.
                                  Reform Act of                                                                 
                                  1995.                                                                         
H.R. 667*......................  Violent Criminal    H. Res. 63           Restrictive...........            N/A.
                                  Incarceration Act                                                             
                                  of 1995.                                                                      
H.R. 668*......................  The Criminal Alien  H. Res. 69           Open..................            N/A.
                                  Deportation                                                                   
                                  Improvement Act.                                                              
H.R. 728*......................  Local Government    H. Res. 79           Restrictive...........            N/A.
                                  Law Enforcement                                                               
                                  Block Grants.                                                                 
H.R. 7*........................  National Security   H. Res. 83           Restrictive...........            N/A.
                                  Revitalization                                                                
                                  Act.                                                                          
H.R. 729*......................  Death Penalty/      N/A                  Restrictive...........            N/A.
                                  Habeas.                                                                       
S. 2...........................  Senate Compliance.  N/A                  Closed................           None.
H.R. 831.......................  To Permanently      H. Res. 88           Restrictive...........             1D.
                                  Extend the Health                                                             
                                  Insurance                                                                     
                                  Deduction for the                                                             
                                  Self-Employed.                                                                
H.R. 830*......................  The Paperwork       H. Res. 91           Open..................            N/A.
                                  Reduction Act.                                                                
H.R. 889.......................  Emergency           H. Res. 92           Restrictive...........             1D.
                                  Supplemental/                                                                 
                                  Rescinding                                                                    
                                  Certain Budget                                                                
                                  Authority.                                                                    
H.R. 450*......................  Regulatory          H. Res. 93           Restrictive...........            N/A.
                                  Moratorium.                                                                   
H.R. 1022*.....................  Risk Assessment...  H. Res. 96           Restrictive...........            N/A.
H.R. 926*......................  Regulatory          H. Res. 100          Open..................            N/A.
                                  Flexibility.                                                                  
H.R. 925*......................  Private Property    H. Res. 101          Restrictive...........             1D.
                                  Protection Act.                                                               
H.R. 1058*.....................  Securities          H. Res. 105          Restrictive...........             1D.
                                  Litigation Reform                                                             
                                  Act.                                                                          
H.R. 988*......................  The Attorney        H. Res. 104          Restrictive...........            N/A.
                                  Accountability                                                                
                                  Act of 1995.                                                                  
H.R. 956*......................  Product Liability   H. Res. 109          Restrictive...........         8D; 7R.
                                  and Legal Reform                                                              
                                  Act.                                                                          
H.R. 1158......................  Making Emergency    H. Res. 115          Restrictive...........            N/A.
                                  Supplemental                                                                  
                                  Appropriations                                                                
                                  and Rescissions.                                                              
H.J. Res. 73*..................  Term Limits.......  H. Res. 116          Restrictive...........          1D; 3R
H.R. 4*........................  Welfare Reform....  H. Res. 119          Restrictive...........        5D; 26R.
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...........             1D.
                                  America Tax                                                                   
                                  Relief Act of                                                                 
                                  1995.                                                                         
H.R. 483.......................  Medicare Select     H. Res. 130          Restrictive...........             1D.
                                  Extension.                                                                    
H.R. 655.......................  Hydrogen Future     H. Res. 136          Open..................            N/A.
                                  Act.                                                                          
H.R. 1361......................  Coast Guard         H. Res. 139          Open..................            N/A.
                                  Authorization.                                                                
H.R. 961.......................  Clean Water Act...  H. Res. 140          Open..................            N/A.
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...........         3D; 1R.
H.R. 1561......................  American Overseas   H. Res. 155          Restrictive...........            N/A.
                                  Interests Act of                                                              
                                  1995.                                                                         
H.R. 1530......................  National Defense    H. Res. 164          Restrictive...........     36R; 18D; 2
                                  Authorization                                                      Bipartisan.
                                  Act; FY 1996.                                                                 
H.R. 1817......................  Military            H. Res. 167          Open..................            N/A.
                                  Construction                                                                  
                                  Appropriations;                                                               
                                  FY 1996.                                                                      
H.R. 1854......................  Legislative Branch  H. Res. 169          Restrictive...........       5R; 4D; 2
                                  Appropriations.                                                    Bipartisan.
H.R. 1868......................  Foreign Operations  H. Res. 170          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 1905......................  Energy & Water      H. Res. 171          Open..................            N/A.
                                  Appropriations.                                                               
H.J. Res. 79...................  Constitutional      H. Res. 173          Closed................            N/A.
                                  Amendment to                                                                  
                                  Permit Congress                                                               
                                  and States to                                                                 
                                  Prohibit the                                                                  
                                  Physical                                                                      
                                  Desecration of                                                                
                                  the American Flag.                                                            
H.R. 1944......................  Recissions Bill...  H. Res. 175          Restrictive...........            N/A.
H.R. 1868 (2nd rule)...........  Foreign Operations  H. Res. 177          Restrictive...........            N/A.
                                  Appropriations.                                                               
H.R. 1977 *Rule Defeated*......  Interior            H. Res. 185          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 1977......................  Interior            H. Res. 187          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 1976......................  Agriculture         H. Res. 188          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 1977 (3rd rule)...........  Interior            H. Res. 189          Restrictive...........            N/A.
                                  Appropriations.                                                               
H.R. 2020......................  Treasury Postal     H. Res. 190          Open..................            N/A.
                                  Appropriations.                                                               
H.J. Res. 96...................  Disapproving MFN    H. Res. 193          Restrictive...........            N/A.
                                  for China.                                                                    
H.R. 2002......................  Transportation      H. Res. 194          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 70........................  Exports of Alaskan  H. Res. 197          Open..................            N/A.
                                  North Slope Oil.                                                              
H.R. 2076......................  Commerce, Justice   H. Res. 198          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 2099......................  VA/HUD              H. Res. 201          Open..................            N/A.
                                  Appropriations.                                                               
S. 21..........................  Termination of      H. Res. 204          Restrictive...........             1D.
                                  U.S. Arms Embargo                                                             
                                  on Bosnia.                                                                    
H.R. 2126......................  Defense             H. Res. 205          Open..................            N/A.
                                  Appropriations.                                                               

[[Page H7047]]

                                                                                                                
H.R. 1555......................  Communications Act  H. Res. 207          Restrictive...........     2R/3D/3 Bi-
                                  of 1995.                                                             partisan.
H.R. 2127......................  Labor/HHS           H. Res. 208          Open..................            N/A.
                                  Appropriations                                                                
                                  Act.                                                                          
H.R. 1594......................  Economically        H. Res. 215          Open..................            N/A.
                                  Targeted                                                                      
                                  Investments.                                                                  
H.R. 1655......................  Intelligence        H. Res. 216          Restrictive...........            N/A.
                                  Authorization.                                                                
H.R. 1162......................  Deficit Reduction   H. Res. 218          Open..................            N/A.
                                  Lock Box.                                                                     
H.R. 1670......................  Federal             H. Res. 219          Open..................            N/A.
                                  Acquisition                                                                   
                                  Reform Act of                                                                 
                                  1995.                                                                         
H.R. 1617......................  To Consolidate and  H. Res. 222          Open..................            N/A.
                                  Reform Workforce                                                              
                                  Development and                                                               
                                  Literacy Programs                                                             
                                  Act (CAREERS).                                                                
H.R. 2274......................  National Highway    H. Res. 224          Open..................            N/A.
                                  System                                                                        
                                  Designation Act                                                               
                                  of 1995.                                                                      
H.R. 927.......................  Cuban Liberty and   H. Res. 225          Restrictive...........          2R/2D.
                                  Democratic                                                                    
                                  Solidarity Act of                                                             
                                  1995.                                                                         
H.R. 743.......................  The Teamwork for    H. Res. 226          Open..................            N/A.
                                  Employees and                                                                 
                                  Managers Act of                                                               
                                  1995.                                                                         
H.R. 1170......................  3-Judge Court for   H. Res. 227          Open..................            N/A.
                                  Certain                                                                       
                                  Injunctions.                                                                  
H.R. 1601......................  International       H. Res. 228          Open..................            N/A.
                                  Space Station                                                                 
                                  Authorization Act                                                             
                                  of 1995.                                                                      
H.J. Res. 108..................  Making Continuing   H. Res. 230          Closed................  ..............
                                  Appropriations                                                                
                                  for FY 1996.                                                                  
H.R. 2405......................  Omnibus Civilian    H. Res. 234          Open..................            N/A.
                                  Science                                                                       
                                  Authorization Act                                                             
                                  of 1995.                                                                      
H.R. 2259......................  To Disapprove       H. Res. 237          Restrictive...........             1D.
                                  Certain                                                                       
                                  Sentencing                                                                    
                                  Guideline                                                                     
                                  Amendments.                                                                   
H.R. 2425......................  Medicare            H. Res. 238          Restrictive...........             1D.
                                  Preservation Act.                                                             
H.R. 2492......................  Legislative Branch  H. Res. 239          Restrictive...........            N/A.
                                  Appropriations                                                                
                                  Bill.                                                                         
H.R. 2491......................  7 Year Balanced     H. Res. 245          Restrictive...........             1D.
H. Con. Res. 109...............   Budget                                                                        
                                  Reconciliation                                                                
                                  Social Security                                                               
                                  Earnings Test                                                                 
                                  Reform.                                                                       
H.R. 1833......................  Partial Birth       H. Res. 251          Closed................            N/A.
                                  Abortion Ban Act                                                              
                                  of 1995.                                                                      
H.R. 2546......................  D.C.                H. Res. 252          Restrictive...........            N/A.
                                  Appropriations FY                                                             
                                  1996.                                                                         
H.J. Res. 115..................  Further Continuing  H. Res. 257          Closed................            N/A.
                                  Appropriations                                                                
                                  for FY 1996.                                                                  
H.R. 2586......................  Temporary Increase  H. Res. 258          Restrictive...........             5R.
                                  in the Statutory                                                              
                                  Debt Limit.                                                                   
H.R. 2539......................  ICC Termination...  H. Res. 259          Open..................  ..............
H.J. Res. 115..................  Further Continuing  H. Res. 261          Closed................            N/A.
                                  Appropriations                                                                
                                  for FY 1996.                                                                  
H.R. 2586......................  Temporary Increase  H. Res. 262          Closed................            N/A.
                                  in the Statutory                                                              
                                  Limit on the                                                                  
                                  Public Debt.                                                                  
H. Res. 250....................  House Gift Rule     H. Res. 268          Closed................             2R.
                                  Reform.                                                                       
H.R. 2564......................  Lobbying            H. Res. 269          Open..................            N/A.
                                  Disclosure Act of                                                             
                                  1995.                                                                         
H.R. 2606......................  Prohibition on      H. Res. 273          Restrictive...........            N/A.
                                  Funds for Bosnia                                                              
                                  Deployment.                                                                   
H.R. 1788......................  Amtrak Reform and   H. Res. 289          Open..................            N/A.
                                  Privatization Act                                                             
                                  of 1995.                                                                      
H.R. 1350......................  Maritime Security   H. Res. 287          Open..................            N/A.
                                  Act of 1995.                                                                  
H.R. 2621......................  To Protect Federal  H. Res. 293          Closed................            N/A.
                                  Trust Funds.                                                                  
H.R. 1745......................  Utah Public Lands   H. Res. 303          Open..................            N/A.
                                  Management Act of                                                             
                                  1995.                                                                         
H. Res. 304....................  Providing for       N/A                  Closed................         1D; 2R.
                                  Debate and                                                                    
                                  Consideration of                                                              
                                  Three Measures                                                                
                                  Relating to U.S.                                                              
                                  Troop Deployments                                                             
                                  in Bosnia.                                                                    
H. Res. 309....................  Revised Budget      H. Res. 309          Closed................            N/A.
                                  Resolution.                                                                   
H.R. 558.......................  Texas Low-Level     H. Res. 313          Open..................            N/A.
                                  Radioactive Waste                                                             
                                  Disposal Compact                                                              
                                  Consent Act.                                                                  
H.R. 2677......................  The National Parks  H. Res. 323          Closed................            N/A.
                                  and National                                                                  
                                  Wildlife Refuge                                                               
                                  Systems Freedom                                                               
                                  Act of 1995.                                                                  
                                   PROCEDURE IN THE 104TH CONGRESS 2D SESSION                                   
                                                                                                                
H.R. 1643......................  To authorize the    H. Res. 334          Closed................            N/A.
                                  extension of                                                                  
                                  nondiscriminatory                                                             
                                  treatment (MFN)                                                               
                                  to the products                                                               
                                  of Bulgaria.                                                                  
H.J. Res. 134..................  Making continuing   H. Res. 336          Closed................            N/A.
H. Con. Res. 131...............   appropriations/                                                               
                                  establishing                                                                  
                                  procedures making                                                             
                                  the transmission                                                              
                                  of the continuing                                                             
                                  resolution H.J.                                                               
                                  Res. 134.                                                                     
H.R. 1358......................  Conveyance of       H. Res. 338          Closed................            N/A.
                                  National Marine                                                               
                                  Fisheries Service                                                             
                                  Laboratory at                                                                 
                                  Gloucester,                                                                   
                                  Massachusetts.                                                                
H.R. 2924......................  Social Security     H. Res. 355          Closed................            N/A.
                                  Guarantee Act.                                                                
H.R. 2854......................  The Agricultural    H. Res. 366          Restrictive...........       5D; 9R; 2
                                  Market Transition                                                  Bipartisan.
                                  Program.                                                                      
H.R. 994.......................  Regulatory Sunset   H. Res. 368          Open rule; Rule tabled            N/A.
                                  & Review Act of                                                               
                                  1995.                                                                         
H.R. 3021......................  To Guarantee the    H. Res. 371          Closed rule...........            N/A.
                                  Continuing Full                                                               
                                  Investment of                                                                 
                                  Social Security                                                               
                                  and Other Federal                                                             
                                  Funds in                                                                      
                                  Obligations of                                                                
                                  the United States.                                                            
H.R. 3019......................  A Further           H. Res. 372          Restrictive...........          2D/2R.
                                  Downpayment                                                                   
                                  Toward a Balanced                                                             
                                  Budget.                                                                       
H.R. 2703......................  The Effective       H. Res. 380          Restrictive...........       6D; 7R; 4
                                  Death Penalty and                                                  Bipartisan.
                                  Public Safety Act                                                             
                                  of 1996.                                                                      
H.R. 2202......................  The Immigration     H. Res. 384          Restrictive...........     12D; 19R; 1
                                  and National                                                       Bipartisan.
                                  Interest Act of                                                               
                                  1995.                                                                         
H.J. Res. 165..................  Making further      H. Res. 386          Closed................            N/A.
                                  continuing                                                                    
                                  appropriations                                                                
                                  for FY 1996.                                                                  
H.R. 125.......................  The Gun Crime       H. Res. 388          Closed................            N/A.
                                  Enforcement and                                                               
                                  Second Amendment                                                              
                                  Restoration Act                                                               
                                  of 1996.                                                                      
H.R. 3136......................  The Contract With   H. Res. 391          Closed................            N/A.
                                  America                                                                       
                                  Advancement Act                                                               
                                  of 1996.                                                                      
H.R. 3103......................  The Health          H. Res. 392          Restrictive...........            N/A.
                                  Coverage                                                                      
                                  Availability and                                                              
                                  Affordability Act                                                             
                                  of 1996.                                                                      
H.J. Res. 159..................  Tax Limitation      H. Res. 395          Restrictive...........              1D
                                  Constitutional                                                                
                                  Amendment.                                                                    
H.R. 842.......................  Truth in Budgeting  H. Res. 396          Open..................            N/A.
                                  Act.                                                                          
H.R. 2715......................  Paperwork           H. Res. 409          Open..................            N/A.
                                  Elimination Act                                                               
                                  of 1996.                                                                      
H.R. 1675......................  National Wildlife   H. Res. 410          Open..................            N/A.
                                  Refuge                                                                        
                                  Improvement Act                                                               
                                  of 1995.                                                                      
H.J. Res. 175..................  Further Continuing  H. Res. 411          Closed................            N/A.
                                  Appropriations                                                                
                                  for FY 1996.                                                                  
H.R. 2641......................  United States       H. Res. 418          Open..................            N/A.
                                  Marshals Service                                                              
                                  Improvement Act                                                               
                                  of 1996.                                                                      
H.R. 2149......................  The Ocean Shipping  H. Res. 419          Open..................            N/A.
                                  Reform Act.                                                                   
H.R. 2974......................  To amend the        H. Res. 421          Open..................            N/A.
                                  Violent Crime                                                                 
                                  Control and Law                                                               
                                  Enforcement Act                                                               
                                  of 1994 to                                                                    
                                  provide enhanced                                                              
                                  penalties for                                                                 
                                  crimes against                                                                
                                  elderly and child                                                             
                                  victims.                                                                      
H.R. 3120......................  To amend Title 18,  H. Res. 422          Open..................            N/A.
                                  United States                                                                 
                                  Code, with                                                                    
                                  respect to                                                                    
                                  witness                                                                       
                                  retaliation,                                                                  
                                  witness tampering                                                             
                                  and jury                                                                      
                                  tampering.                                                                    
H.R. 2406......................  The United States   H. Res. 426          Open..................            N/A.
                                  Housing Act of                                                                
                                  1996.                                                                         
H.R. 3322......................  Omnibus Civilian    H. Res. 427          Open..................            N/A.
                                  Science                                                                       
                                  Authorization Act                                                             
                                  of 1996.                                                                      
H.R. 3286......................  The Adoption        H. Res. 428          Restrictive...........         1D; 1R.
                                  Promotion and                                                                 
                                  Stability Act of                                                              
                                  1996.                                                                         
H.R. 3230......................  Defense             H. Res. 430          Restrictive...........      41 amends;
                                  Authorization                                                      20D; 17R; 4
                                  Bill FY 1997.                                                       bipartisan
H.R. 3415......................  Repeal of the 4.3-  H. Res. 436          Closed................            N/A.
                                  Cent Increase in                                                              
                                  Transporation                                                                 
                                  Fuel Taxes.                                                                   
H.R. 3259......................  Intelligence        H. Res. 437          Restrictive...........            N/A.
                                  Authorization Act                                                             
                                  for FY 1997.                                                                  
H.R. 3144......................  The Defend America  H. Res. 438          Restrictive...........             1D.
                                  Act.                                                                          
H.R. 3448/H.R. 1227............  The Small Business  H. Res. 440          Restrictive...........             2R.
                                  Job Protection                                                                
                                  Act of 1996, and                                                              
                                  The Employee                                                                  
                                  Commuting                                                                     
                                  Flexibility Act                                                               
                                  of 1996.                                                                      
H.R. 3517......................  Military            H. Res. 442          Open..................            N/A.
                                  Construction                                                                  
                                  Appropriations FY                                                             
                                  1997.                                                                         
H.R. 3540......................  Foreign Operations  H. Res. 445          Open..................            N/A.
                                  Appropriations FY                                                             
                                  1997.                                                                         
H.R. 3562......................  The Wisconsin       H. Res. 446          Restrictive...........            N/A.
                                  Works Waiver                                                                  
                                  Approval Act.                                                                 
H.R. 2754......................  Shipbuilding Trade  H. Res. 448          Restrictive...........             1R.
                                  Agreement Act.                                                                
H.R. 3603......................  Agriculture         H. Res. 451          Open..................            N/A.
                                  Appropriations FY                                                             
                                  1997.                                                                         
H.R. 3610......................  Defense             H. Res. 453          Open..................            N/A.
                                  Appropriations FY                                                             
                                  1997.                                                                         
H.R. 3662......................  Interior            H. Res. 455          Open..................            N/A.
                                  Appropriations FY                                                             
                                  1997.                                                                         
H.R. 3666......................  VA/HUD              H. Res. 456          Open..................            N/A.
                                  Appropriations.                                                               
H.R. 3675......................  Transportation      H. Res. 460          Open..................            N/A.
                                  Appropriations FY                                                             
                                  1997.                                                                         
H.J. Res. 182/H.Res 461........  Disapproving MFN    H. Res. 463          Closed................            N/A.
                                  Status for the                                                                
                                  Peoples Republic                                                              
                                  of China.                                                                     
H. Res. 465....................  Making in order a   H. Res 465           Closed................             N/A
                                  Concurrent                                                                    
                                  Resolution                                                                    
                                  Providing for the                                                             
                                  Adjournment of                                                                
                                  the House over                                                                
                                  the 4th of July                                                               
                                  district work                                                                 
                                  period.                                                                       
----------------------------------------------------------------------------------------------------------------
* Contract Bills, 67% restrictive; 33% open. All legislation 1st Session, 53% restrictive; 47% open. *** All    
  legislation 2d Session, 60% restrictive; 40% open. All legislation 104th Congress, 56% restrictive; 44% open. 
  ***** NR indicates that the legislation being considered by the House for amendment has circumvented standard 
  procedure and was never reported from any House committee. PQ Indicates that previous question was ordered on 
  the resolution. 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   
  103d Congress. N/A means not available.                                                                       


  Mr. MOAKLEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Wisconsin [Mr. Obey], the ranking minority member of the 
Committee on Appropriations.
  Mr. OBEY. Mr. Speaker, let me simply say that in the wake of the last 
speech, I was not aware that we were

[[Page H7048]]

supposed to be cheerleaders at what sounds like a high school football 
game.
  Keep going. It is in character.
  Mr. Speaker, I hope this does not come out of my time, but I hope you 
would educate Members of the House that they have an obligation to not 
speak unless they are in the well or at the microphone.
  Mr. Speaker, this is a serious problem, and we ought to discuss it in 
a rational way. Members may not like what I said when I spoke earlier, 
but I think if they review the text of what I said, that I was 
exceedingly fair to the leadership of the Committee on Appropriations 
on that side of the aisle.
  I tried to analyze what the problems were as they existed now. I am 
not really interested in debating what happened yesterday. I do not 
think the America public is very much interested in that. But I will 
simply take 1 minute to note that in spite of everything said by the 
gentleman from Louisiana, in 19 of the past 20 years, that terrible 
Democratic controlled Congress appropriated less dollars than we were 
asked to appropriate by Presidents of either party; we spent some $20 
billion less than the Presidents asked us to; we never had a deficit 
larger than $74 billion until the Reagan budget passed in 1981, then it 
exploded to over $300 billion.
  If it were not for the additional debt above that level, which was 
accumulated in the 1980's with the passage of the Reagan budgets, our 
budgets would be balanced today and everyone knows that if they have 
studied the situation.
  The issue is not yesterday, it is what are we going to do about 
today. Of course, this is going to have to be waived. I understand 
that. But the fact is that we face the prospect of having at least four 
major appropriations bills vetoed unless we have a different mindset 
coming from that side of the aisle.
  If the Republicans want to see these appropriations bills passed, 
they must reach bipartisan accommodation with people who do not share 
every opinion that they think is inviolate. They have to recognize that 
in a democracy it is essential to make concessions, at least over small 
things, in order to get people with differing views together.
  We are supposed to find common ground. We are not supposed to do what 
they did last night, when, after their own committee leadership tried 
to put together a bipartisan compromise, they walked away from it. Now, 
I do not know what the reasons were, but when the gentleman from Ohio 
[Mr. Stokes] and the gentleman from California [Mr. Lewis] worked 
yesterday trying to reach a bipartisan accommodation, the hard-heads in 
their caucus said, ``No, they did not want it''.
  That is the kind of conduct the country has come to expect from the 
Republicans, but it is not the kind of conduct we can afford if these 
appropriation bills are going to pass, if they are going to be signed, 
and if we are going to wind up not having a repeat of the disgraceful 
performance of last year when the Government was shut down twice.
  So I would simply urge Members to quit shouting like they were 
attending a high school cheerleading session, grow up, recognize their 
responsibility, try to work in a bipartisan way and get those bills 
passed; and to the gentleman from Arizona--every time somebody says 
something you don't like, you open your mouth and you start shouting 
from your seat. . . .


                         Parliamentary Inquiry

  Mr. HAYWORTH. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore (Mr. LaHood). The gentleman will state it.
  Mr. HAYWORTH. Mr. Speaker, is it within this Member's domain to ask 
those words to be taken down? It is a personal attack and grossly 
unfair, and I would ask that those words be taken down in this House.
  The SPEAKER pro tempore. Does the gentleman from Arizona demand that 
the words be taken down?
  Mr. HAYWORTH. Mr. Speaker, with all due respect to the sanctity of 
this House, I demand those words be taken down.
  The SPEAKER pro tempore. The Clerk will report the words.

                              {time}  1915


                         parliamentary inquiry

  Mr. GEJDENSON. Mr. Speaker, I have parliamentary inquiry.
  The SPEAKER pro tempore (Mr. LaHood). The gentleman will state it.
  Mr. GEJDENSON. Mr. Speaker, I guess my question goes to the matter of 
what are the House precedents as far as a Member who is speaking and 
when there are Members in the Chamber who are acting disrespectful 
towards that Member? What is the proper procedure for a Member to take?
  The SPEAKER pro tempore. The Chair will ask the gentleman to suspend 
until a ruling is made on the words taken down. Then the Chair will 
address the gentleman's question.
  For what purpose does the gentleman from Wisconsin [Mr. Obey] rise?
  Mr. OBEY. Mr. Speaker, with the understanding that the Chair will 
admonish Members not to interrupt Members who are speaking, I ask 
unanimous consent to withdraw the last sentence.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  Mr. DeLAY. Mr. Speaker, reserving the right to object, I hope I do 
not have to object. I hope that this interlude has calmed down some of 
the heat that has been on the floor, and I remind Members that if we 
can get through this, maybe we can finish our business tonight. I rise 
under my reservation to find out if the gentleman intends to apologize 
to the gentleman from Arizona?
  Mr. OBEY. Mr. Speaker, will the gentleman yield?
  Mr. DeLAY. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Speaker, as I said, I would, as I have informed the 
Speaker, I would be very happy to apologize to the gentleman for 
calling him impolite, if the gentleman would have apologized to me for 
interrupting me while I was speaking. He declined to do that.
  Mr. DeLAY. Mr. Speaker, I object.
  The SPEAKER pro tempore. The Clerk will report the words objected to.
  The Clerk read as follows:

       And to the gentleman from Arizona, every time somebody says 
     something you don't like, you open your mouth and you start 
     shouting from your seat. You are one of the most impolite 
     Members I have ever seen in my service in this House.

  The SPEAKER pro tempore. In the opinion of the Chair, the last 
sentence of the gentleman from Wisconsin constitutes a personality in 
violation of clause 1 of rule XIV.
  Without objection, the last sentence uttered will be stricken from 
the Record. There was no objection.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Wisconsin may proceed in order.
  Mr. DeLAY. Reserving the right to object, Mr. Speaker, I ask once 
again of the gentleman that in order to bring comity to this floor, and 
this is a very serious matter and we all understand how serious this 
matter is, normally under the precedents of the House, if a gentleman's 
words have been found to be out of order, of the regular order of this 
House and the Chair has ruled that the gentleman's words were out of 
order, under comity of the House the gentleman should apologize.

                              {time}  1930

  Under my reservation, Mr. Speaker, I would be glad to yield to the 
gentleman from Wisconsin for that apology.
  Mr. OBEY. Mr. Speaker, will the gentleman yield?
  Mr. DeLAY. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Speaker, as I said, I would be very happy to apologize 
to the gentleman from Arizona [Mr. Hayworth] for calling him impolite 
if he would apologize for being impolite to me.
  Mr. DeLAY. Mr. Speaker, I object.
  The SPEAKER pro tempore (Mr. LaHood). Objection is heard.


                        parliamentary inquiries

  Mr. VOLKMER. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman from Missouri will state his 
parliamentary inquiry.
  Mr. VOLKMER. Mr. Speaker, what are the actions that a Member who has 
the floor and is speaking on the floor, and other Members speak up to 
interrupt him repeatedly, and the Chair takes no action against those 
Members speaking; what actions can the Member who has the floor then 
take under the ruling? Absolutely none; I will answer the question 
under the ruling; so, therefore, we can do the same thing.

[[Page H7049]]

  The SPEAKER pro tempore. If a point of order is made, the Chair would 
rule on it, and the Chair did rule on it, and the Chair has tried to 
maintain decorum and comity throughout for those Members who were in 
the Chamber.
  During the debate of this resolution comity has been maintained.
  The Chair recognizes the gentleman from Connecticut.
  Mr. GEJDENSON. Mr. Speaker, I have a parliamentary inquiry.
  The gentleman will state his parliamentary inquiry.
  Mr. GEJDENSON. Mr. Speaker, I would like to commend the Speaker pro 
tempore (Mr. LaHood) because I think the gentleman did make a noble 
effort throughout, and the many times that he has held the Chair he has 
made a noble effort in trying to maintain comity on the floor.
  But there is a serious question at hand here, and my question is 
this: that if a Member is speaking on the floor, and another Member is 
acting in a way that is disruptive----
  The SPEAKER pro tempore. The gentleman from Connecticut is making a 
statement.
  Mr. GEJDENSON. The parliamentary inquiry is: What actions can the 
House take against an individual, what are the parliamentary avenues 
available to a speaker when an individual, either verbally or through 
motions, is disrupting his time in speaking on the floor; because, Mr. 
Speaker, where we find ourselves is in the situation that when an 
individual tries to take his time on the floor there is often 
conversation. But this went beyond conversation, and I just need to 
know for future parliamentary situations what avenues an individual 
ought to take if a Member is sitting in the first row trying to, by 
motions or statements, disrupt the speaker.
  The SPEAKER pro tempore. The Chair will take the initiative to 
maintain order in the Chamber when Members are speaking.
  Mr. GEJDENSON. So, it is my conclusion then that the proper course 
would be to stop speaking; that would not shorten one's time; and then 
ask the Chair to establish order?
  The SPEAKER pro tempore. The Chair would enlist the assistance of all 
Members in maintaining the spirit of mutual courtesy and comity that 
properly dignifies the proceedings of the House. Members who are under 
recognition should not be disrupted by other Members.
  Mr. ROBERTS. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman from Kansas will state his 
parliamentary inquiry.
  Mr. ROBERTS. Mr. Speaker, in this case would it not be appropriate 
for the Chair to rule to invoke paragraph 365, or in similar instances 
of Jefferson's Manual, in which it is stated:

       Nevertheless if a Member finds that it is not the 
     inclination of the House to hear him and that by conversation 
     or any other noise they endeavor to drown his voice, it is 
     his most prudent way to submit to the pleasure of the House 
     and sit down, for it scarcely ever happens that they are 
     guilty of this piece of ill manners without sufficient reason 
     or inattention to a Member who says anything worth their 
     hearing.

  Would that not apply in this particular instance?
  The SPEAKER pro tempore. The Chair will not rule on that.
  (By unanimous consent, Mr. Hyde was allowed to speak out of order.)


                          apologies suggested

  Mr. HYDE. Mr. Speaker, I was seated with the gentleman from Arizona 
[Mr. Hayworth] when this incident occurred, and there was provocation. 
A high-spirited gentleman from Arizona gets caught up in the heat of 
the moment, and believe me there was heat. On the other hand, the 
gentleman from Wisconsin [Mr. Obey] is essential if we are going to do 
the transportation bill this evening. He is the ranking member on the 
Committee on Appropriations. Both are reluctant to apologize to each 
other. I would.
  Please. I would suggest that both gentlemen, both gentlemen, express 
regret that this incident happened, and then we can get on with the 
business of the evening.
  (By unanimous consent, Mr. Hayworth was allowed to speak out of 
order.)


    calling for apology and resumption of the business of the house

  Mr. HAYWORTH. Mr. Speaker, because I have the utmost respect for my 
colleague from Illinois [Mr. Hyde], although I might have a slightly 
different interpretation of the events as he portrayed them in front of 
this body, and because I realize that there is a schedule to be kept 
and that Members have many obligations, and taking into account the 
sensitivities of some other Members, I would be happy to say now that I 
am certainly prepared to move ahead this evening, and to those who 
misinterpret my actions as somehow being disrespectful, when, in fact, 
of course, we have the utmost of respect for differences of opinion. 
and differences in styles of speaking, and different personalities, and 
different points of view in this Chamber, I would say that I regret the 
interpretation of the incident.
  I still lament the words of my colleague from Wisconsin [Mr. Obey]. I 
would hope he would apologize for those words and that we can move 
along to complete the people's business in this House, for the people's 
business should supersede any personalities, personal ambitions, or 
personal affronts.
  (By unanimous consent, Mr. Obey was allowed to speak out of order.)


                               apologies

  Mr. OBEY. Mr. Speaker, let me say that, like the gentleman from 
Arizona [Mr. Hayworth], I regret the incident that just occurred, and I 
will take the gentleman's comments as an apology.
  I would likewise extend an apology to the gentleman for the comments 
which he found troublesome.
  Mr. DeLAY. Mr. Speaker, I ask unanimous consent that the gentleman 
from Wisconsin [Mr. Obey] be allowed to proceed in regular order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The SPEAKER pro tempore. The Chair would advise Members that the 
gentleman from Florida [Mr. Diaz-Balart] has 3 minutes remaining on the 
debate on the rule, and the gentleman from Florida is recognized.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have before us House Resolution 465. We next week 
will be able to reflect together with our constituents on how to move 
forward in the perfection, the implementation of the principles put 
forth by our Founding Fathers over 200 years ago that form the basis of 
our limited representative government, and we are ready this evening to 
get to work on another appropriations bill.
  Mr. Speaker, I yield back the balance of my time and I move the 
previous question on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MOAKLEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 248, 
nays 166, not voting 19, as follows:

                             [Roll No 286]

                               YEAS--248

     Allard
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Beilenson
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Boucher
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Deal
     DeFazio
     DeLay
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Ehlers
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk

[[Page H7050]]


     Gallegly
     Ganske
     Gekas
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Greene (UT)
     Gunderson
     Gutierrez
     Gutknecht
     Hall (TX)
     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
     Kaptur
     Kasich
     Kelly
     Kim
     King
     Kingston
     Kleczka
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Morella
     Murtha
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Obey
     Packard
     Parker
     Paxon
     Petri
     Pickett
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stump
     Talent
     Tate
     Tauzin
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Traficant
     Upton
     Vucanovich
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weller
     White
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NAYS--166

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

                             NOT VOTING--19

     Ackerman
     Brewster
     Davis
     Ehrlich
     Flake
     Gibbons
     Greenwood
     Hall (OH)
     Jacobs
     Lincoln
     McDade
     Oxley
     Peterson (FL)
     Smith (TX)
     Stockman
     Torricelli
     Towns
     Weldon (PA)
     Whitfield

                              {time}  1959

  Mr. GUTIERREZ changed his vote from ``nay'' to ``yea.''
  So the resolution was agreed to.
  A motion to reconsider is laid upon the table.

                          ____________________