[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[House]
[Pages H10586-H10588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H10586]]
     WAIVING REQUIREMENT OF CLAUSE 4(b) OF RULE XI WITH RESPECT TO 
 CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM COMMITTEE ON RULES

  Mr. SOLOMON. Mr. Speaker, by direction of the Committee on Rules, I 
would call up House Resolution 314 and ask for its immediate 
consideration.
  The Clerk read the resolution as follows:

                              H. Res. 314

       Resolved, That the requirement of clause 4(b) of rule XI 
     for a two-thirds vote to consider a report from the Committee 
     on Rules on the same day it is presented to the House is 
     waived with respect to any resolution reported from that 
     committee before November 15, 1997, providing for 
     consideration or disposition of any of the following:
       (1) A bill or joint resolution making general 
     appropriations for the fiscal year ending September 30, 1998, 
     any amendment thereto, any conference report thereon, or any 
     amendment reported in disagreement from a conference thereon.
       (2) A bill or joint resolution that includes provisions 
     making continuing appropriations for fiscal year 1998, any 
     amendment thereto, any conference report thereon, or any 
     amendment reported in disagreement from a conference thereon.
       (3) The bill (H.R. 2621) to extend trade authorities 
     procedures with respect to reciprocal trade agreements, and 
     for other purposes.
       (4) The bill (S. 1454) to provide a 6-month extension of 
     highway, highway safety, and transit programs pending 
     enactment of a law reauthorizing the Intermodal Surface 
     Transportation Efficiency Act of 1991.
       Sec. 2. It shall be in order at any time before November 
     15, 1997, for the Speaker to entertain motions to suspend the 
     rules, provided that the object of any such motion is 
     announced from the floor at least one hour before the motion 
     is offered. In scheduling the consideration of legislation 
     under this authority, the Speaker or his designee shall 
     consult with the minority leader or his designee.

                              {time}  1215

  The SPEAKER pro tempore (Mr. Petri). The gentleman from New York [Mr. 
Solomon] is recognized for 1 hour.
  Mr. SOLOMON. Mr. Speaker, for the purpose of debate only, I yield 
half our time to the gentlewoman from New York [Ms. Slaughter], pending 
which I yield myself such time as I may consume. During consideration 
of the resolution, all time yielded is for the purposes of debate only.
  Mr. Speaker, House Resolution 314 waives the provisions of clause 
4(b) of rule XI, requiring a two-thirds vote to consider a rule on the 
same day it is reported from the Committee on Rules, against 
resolutions reported from the Committee on Rules before November 15, 
1997, providing for consideration of a bill or joint resolution making 
general appropriations for the fiscal year ending September 30, 1998, 
any amendment thereto, any conference report thereon, or any amendment 
reported in disagreement from a conference thereon.
  In addition, the rule applies the waiver to a special rule reported 
before November 15, 1997, providing for consideration of a bill or a 
joint resolution making continuing appropriations for the fiscal year 
ending September 30, 1998, any amendment thereto, any conference report 
thereon, or any amendment reported in disagreement from a conference 
thereon.
  Second, the rule also applies this waiver to a special rule providing 
for consideration of the bill, H.R. 2621, to extend trade authority 
procedures with respect to reciprocal trade agreements.
  Third, the rule also applies the waiver of clause 4(b) of rule XI to 
S. 1454, legislation ensuring a 6-month extension of ISTEA.
  Finally, the rule further provides that the Speaker may entertain 
motions to suspend the rules at any time before November 15, 1997, 
provided that the object of the motion is announced from the floor at 
least 1 hour before the motion is offered.
  Of course, this resolution provides that the Speaker shall consult 
with the minority leader in scheduling legislation under this authority 
to suspend the rules.
  Mr. Speaker, this is a straightforward resolution, extending through 
Friday the provisions of House Resolution 305 that passed last week. 
The first part of this rule, and we were speaking with complexities 
before, but this will lay it out in layman's language, the first part 
of this rule will permit same-day consideration of rules for general 
appropriation bills, for appropriation conference reports, and we have 
four pending, as you know, and continuing appropriations resolutions 
through this Friday.
  The second part of this resolution provides that the Speaker may 
entertain motions of the House to suspend the rules through Friday. 
What that means is we can take up suspension bills between now and 
Friday. It simply provides for additional suspension-of-the-rules days.
  These provisions of House Resolution 314 are customary toward the end 
of a session in order to permit the House to expedite its business and 
adjourn. That is what we are all looking forward to. In fact, the 
resolution does not depart from the standing rules of the House for 
consideration of legislation at the end of a session.
  Nonetheless, the fact is we are uncertain as to the specific 
adjournment date, and we in the Committee on Rules felt this rule would 
simplify the orderly consideration of the necessary funding bills for 
the coming fiscal year.
  Mr. Speaker, we all agree that the rules for expedited procedures on 
appropriation measures and on suspension measures should see limited 
use at the end of any session. This resolution will ensure that the 
appropriations conference reports can be passed in a timely manner, and 
we are not held over for another week or two in this session. Its 
passage will help ensure that.
  Mr. Speaker, this resolution was favorably reported by the Committee 
on Rules on November 8. This resolution was modified by a unanimous 
consent agreement with the minority last Sunday night, at which time we 
were here until about 2 o'clock in the morning. The unanimous consent 
agreement changed the dates covered in House Resolution 314 to Friday 
of this week, and added ISTEA to the measure covered under the waiver 
of clause 4(b) of rule XI.
  Mr. Speaker, the first year of this Congress has resulted in the 
first balanced budget in 30 years. I have been here for 20 years, and I 
have never seen one. It provides for less government bureaucracy and 
more tax cuts for the American people, putting money back into their 
pockets, so they can either spend it or invest it, but they can do it 
at their will instead of the will of this Congress. I would urge my 
colleagues to support this.
  Now, Mr. Speaker, let me just run down some of those accomplishments 
that I just talked about. First, we had the first major tax cut in 16 
years. We are now cutting, rather than raising, taxes. This tax cut 
provided for $250 billion in net tax relief over the next 10 years, $91 
billion in 5 years. Over 72 percent of that tax relief went to middle-
class-income families, those with incomes between $20,000 and $70,000.
  We also provided for $41 million for children, families who were 
given a $500 tax credit to help working families offset the cost of 
raising and caring for children. Families with education expenses were 
helped by the provisions of HOPE scholarships and penalty-free 
withdrawals from IRA's for college and other educational expenses.
  Family farms and small businesses were provided death tax relief. In 
other words, the inheritance tax exemption now for farmers now is 
something where farmers will not have to sell their property, the heirs 
will not have to sell it, in order to pay off the inheritance taxes.
  First-time homebuyers were aided by the creation of American Dream 
IRA's, from which they can now make tax-free withdrawals for buying a 
home and fulfilling the American dream.
  Mr. Speaker, you have to remember that today, anyone who has a 
mortgage on their home, if they are paying, let us say, $9,000 in 
interest, one-third of that interest is caused by the irresponsibility 
of this Federal Congress and this Government over the years in running 
deficits, so that if we are able to balance the budget, that means that 
the interest that young people have to pay, or anybody has to pay, on 
their mortgage will be reduced by one-third once we can get this under 
control. If we were able to save them $3,000 of after-tax income, that 
is money they could well spend on educating their children.
  This Congress has provided broad-based permanent capital gains tax 
relief to spur investment, to create jobs, and increase economic 
growth. The top rate was reduced from 28 percent down

[[Page H10587]]

to 20 percent, and the bottom rate from 15 percent down to 10 percent.
  Mr. Speaker, that means that somebody who might have worked for Sears 
Roebuck, maybe a couple who worked for Sears Roebuck for all of their 
lives, they are not noted for paying high salaries, but they have great 
stock option plans, and many of their employees, many of whom I know, 
have saved that stock all these years. Now when they get ready to 
retire and perhaps move to Florida, or whatever they want to do, they 
can sell that stock, and the Government will not take all the money. 
The maximum amount of money they would take would be 20 percent in high 
income, or maybe just 10 percent, on all of the capital gains that they 
have seen on that stock over the last 30 or 40 years. That is a real 
accomplishment by this Congress.

  This Congress has produced the first balanced budget in 30 years. We 
are now cutting rather than increasing spending. Instead of having a 
projected deficit of $300 billion in the year 2000, we are actually now 
going to have a surplus. Can you believe that? What a turnaround that 
will be and what that will mean to the average American in this 
country, as I have just outlined.
  The budget was last balanced in 1969, the year man first walked on 
the Moon. The work of this Congress will result in a balanced budget in 
the year 2002 and budget surpluses thereafter.
  We have saved Medicare from bankruptcy for 10 years down the road, 
providing more choice and affordability, affordable quality health care 
which our seniors deserve.
  Federal spending has been reduced to 18.9 percent of the gross 
domestic product by the year 2002, the first time since 1974 that 
spending has fallen below 20 percent of the GDP. We will have achieved 
$182 billion in entitlement savings over the next 5 years and $700 
billion over the next 10 years.
  The growth of total Federal spending has been slowed to 3 percent per 
year. Mr. Speaker, that is really getting a handle on things. Even the 
growth of annually-appropriated spending has been slowed to less than 
one-half of 1 percent a year over the next 5 years as compared to 6 
percent a year over the past 10 years.
  Let me repeat that. The annual growth of appropriated spending has 
been slowed to less than one-half of 1 percent a year over the next 5 
years, compared to 6 percent a year over the past 10 years. That is 
fiscal responsibility.
  The 105th Congress accomplishments have not all been financial. The 
House has passed legislation moving children from foster care to 
permanent loving homes. We have passed comprehensive housing reform to 
help low-income families, the first major reform effort in decades in 
this Congress. Just in the last week we have passed the first IRS 
reform and restructuring package in four decades. This effort has 
followed on the heels of major education reform measures, such as 
charter school expansion and educational vouchers to give more hope to 
children eager to learn and to give choices to parents who want the 
best education for their children.
  Congress has overwhelmingly passed a ban on partial-birth abortions, 
a gruesome procedure that should be outlawed in any civilized society.
  In the aftermath of our Veterans Day celebrations, we should also 
note that earlier this year the House overwhelmingly passed an 
amendment to the Constitution, my constitutional amendment which I 
offered, banning the desecration of the American flag. It passed this 
House with over 300 votes, far more than the 290 needed to achieve two-
thirds. It now rests over in the Senate where we are still, if you can 
believe, two votes short of passing this very, very important 
constitutional amendment.
  Mr. Speaker, all of these accomplishments represent a real move to 
shift power and money and influence from Washington to people and 
families in States and communities. The record proves that Congress and 
the administration can achieve common goals without compromising our 
respective fundamental principles, and showing the American people that 
we can work together to solve their problems.
  Adoption of this rule will speed our ability to take this record to 
the people who sent us here, our constituents.
  Mr. Speaker, in a few minutes when this debate comes to a close, I 
would just hope it could pass on a voice vote. I would say this to the 
Republican and Democrat leadership, that if this matter does not pass 
providing for the two-thirds availability of bills to come to this 
floor, we are in about an hour going to have to recess until 5 o'clock 
waiting for Members to come back. No votes were allowed until after 5 
o'clock, and that means we would not be able to take up suspensions. I 
would hope that the Republican and Democratic leadership could get 
together and allow this House to continue working from now until 5 
o'clock. There are precious few hours left before we adjourn, hopefully 
sometime around 6 o'clock Thursday evening.
  First major tax cut in 16 years. We are now cutting rather than 
raising taxes.
  This tax cut provided $250 billion in net tax relief over the next 10 
years--$91 billion in 5 years.
  Over 72 percent of the tax relief went to middle-income families--
income of $20,000 to $70,000.
  Forty one million children were given a $500 tax credit to help 
working families offset the costs of raising and caring for children.
  Families with education expenses were helped by the provision of HOPE 
scholarships and penalty-free withdrawals from IRA's for college and 
other educational expenses.
  Family farms and small businesses were provided death tax relief.
  First time homebuyers were aided by the creation of American Dream 
IRA's from which they can now make tax free withdrawal for buying a 
home and fulfilling the American dream.
  This Congress has provided broad-based permanent capital gains tax 
relief to spur investment, create jobs, and increase economic growth. 
The top rate was reduced from 28 percent to 20 percent and the bottom 
rate from 15 percent to 10 percent.
  This Congress has produced the first balanced budget in 30 years. We 
are now cutting rather than increasing spending.
  The budget was last balanced in 1969, the year man first walked on 
the Moon.
  The work of this Congress will result in a balanced budget in 2002 
and budget surpluses thereafter if not even sooner.
  We have saved Medicare from bankruptcy for 10 years, providing more 
choice and the affordable quality health care that our seniors deserve.
  Federal spending has been reduced to 18.9 percent of the Gross 
Domestic Product by 2002--the first time since 1974 that spending has 
fallen below 20 percent of the GDP.
  We will have achieved $182 billion in entitlement savings over the 
next 5 years and $700 billion over the next 10 years.
  The growth of total Federal spending has been slowed to 3 percent a 
year.
  Even the growth of annually appropriated spending has been slowed to 
less than one-half of 1 percent a year over the next 5 years as 
compared to 6 percent a year over the past 10 years.
  The 105th Congress' accomplishments have not all been financial.
  The House has passed legislation moving children from foster care to 
permanent loving homes.
  We have passed comprehensive housing reforms to help low-income 
families--the first major reform effort in decades.
  Just in the last week we have passed the first IRS reform and 
restructuring package in four decades.
  This effort has followed on the heels of major education reform 
measures such as charter school expansion and educational vouchers to 
give hope to children eager to learn and give choice to parents who 
want the best for their kids.
  Congress has passed comprehensive welfare reform--moving people from 
welfare to work and from dependency to self-sufficiency.
  Congress has overwhelmingly passed a ban on partial birth abortions, 
a gruesome procedure that should be outlawed in any civil society.
  In the aftermath of our Veterans Day celebrations, we should also 
note that earlier this year the House also overwhelmingly passed my 
amendment to the Constitution banning the desecration of the American 
flag.
  This astounding account is in addition to all that this Congress did 
under the Contract With America in the 104th Congress.
  Mr. Speaker, all of those accomplishments represent a real move to 
shift power, money, and influence from Washington to people and 
families in States and communities.
  The record proves that Congress and the administration can achieve 
common goals without compromising our respective fundamental principles 
and showing the American people that we can work together to solve 
problems.
  Adoption of this rule will speed our ability to take this record to 
the people who sent us here--our constituents.

[[Page H10588]]

  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank the gentleman from New York [Mr. Solomon] for 
yielding me the customary 30 minutes.
  Mr. Speaker, as Thomas Jefferson notes in the very first section of 
Jefferson's Manual, the minority in any legislative body looks to the 
rules of that body as its best and often only defense against the 
potential tyranny of the majority.
  Therefore, we look with skepticism on any special rule that would 
seek to bypass the rules protection of the rights of all Members. Under 
rule XI, clause 4(b), a two-thirds vote is required to consider a rule 
on the same day that the Committee on Rules reports it. This provision 
is designed to afford all Members a day to examine the language of the 
rule on the underlying legislation before voting on them.
  Martial law procedures allow a rule to be considered on the same day 
as it is reported with a majority rather than a two-thirds vote.

                              {time}  1230

  While protections of Members' rights are important and should not be 
lightly weighed, it is unfortunately common at the end of a session to 
suspend temporarily in limited cases some of these protections.
  This rule, as amended by unanimous consent Monday morning, would 
waive the 1-day layover requirement for a rule providing for 
consideration of specified bills if reported before November 15. This 
would expand the martial law provisions currently in effect by 
extending them through Friday and adding the temporary ISTEA bill to 
the appropriations bills and continuing resolutions that are currently 
eligible for this expedited procedure. The rule would also allow the 
consideration of bills under the suspension of the rules through 
November 15 with at least 1 hour notice to Members and upon 
consultation with the minority leader.
  Today we are 43 days into the 1998 fiscal year, and we have 3 more 
appropriations bills yet to pass. We need to expeditiously complete the 
work we should have finished before October 1. Martial law provisions 
for overdue appropriations bills have become a regrettable, but a 
traditional feature of the last day of the session.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SOLOMON. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution, as amended.
  The previous question was ordered.
  The SPEAKER pro tempore (Mr. Petri). The question is on the 
resolution, as amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I, further 
proceedings on this resolution are postponed until later today.

                          ____________________