[Congressional Record Volume 149, Number 1 (Tuesday, January 7, 2003)]
[House]
[Pages H7-H20]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1430
RULES OF THE HOUSE
Mr. DeLAY. Mr. Speaker, I offer a privileged resolution (H. Res. 5)
and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 5
Resolved, That the Rules of the House of Representatives of
the One Hundred Seventh Congress, including applicable
provisions of law or concurrent resolution that constituted
rules of the House at the end of the One Hundred Seventh
Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Eighth Congress, with
amendments to the standing rules as provided in section 2,
and with other orders as provided in sections 3 and 4.
SEC. 2. CHANGES IN STANDING RULES.--
(a) Members To Act as Speaker Pro Tempore.--In clause 8(b)
of rule I, add at the end the following new subparagraph:
``(3)(A) In the case of a vacancy in the office of Speaker,
the next Member on the list described in subdivision (B)
shall act as Speaker pro tempore until the election of a
Speaker or a Speaker pro tempore. Pending such election the
Member acting as Speaker pro tempore may exercise such
authorities of the Office of Speaker as may be necessary and
appropriate to that end.
``(B) As soon as practicable after his election and
whenever he deems appropriate thereafter, the Speaker shall
deliver to the Clerk a list of Members in the order in which
each shall act as Speaker pro tempore under subdivision (A).
``(C) For purposes of subdivision (A), a vacancy in the
office of Speaker may exist by reason of the physical
inability of the Speaker to discharge the duties of the
office.''.
(b) Term of Speaker--In rule I--
(1) strike clause 9; and
(2) redesignate clause 13 as clause 9.
(c) Recess and Convening Authorities.--In clause 12 of rule
I--
(1) amend the caption to read ``Recess and convening
authorities''; and
(2) designate the existing text as paragraph (a) and add
thereafter the following new paragraphs:
``(b) To suspend the business of the House when notified of
an imminent threat to its safety, the Speaker may declare an
emergency recess subject to the call of the Chair.
``(c) During any recess or adjournment of not more than
three days, if the Speaker is notified by the Sergeant-at-
Arms of an imminent impairment of the place of reconvening at
the time previously appointed, then he may, in consultation
with the Minority Leader--
``(1) postpone the time for reconvening within the limits
of clause 4, section 5, article I of the Constitution and
notify Members accordingly; or
``(2) reconvene the House before the time previously
appointed solely to declare the House in recess within the
limits of clause 4, section 5, article I of the Constitution
and notify Members accordingly.
``(d) The Speaker may convene the House in a place at the
seat of government other than the Hall of the House whenever,
in his opinion, the public interest shall warrant it.''.
(d) Privileges of Floor.--In clause 2(a)(7) of rule IV,
after ``consideration'' insert a comma followed by ``and
staff of the respective party leaderships when so assigned
with the approval of the Speaker''.
(e) Membership of Budget Committee.--In clause 5(a)(2) of
rule X, amend subdivision (A)(i) to read as follows:
``(i) Members, Delegates, or the Resident Commissioner who
are members of other standing committees, including five from
the Committee on Appropriations, five from the Committee on
Ways and Means, and one from the Committee on Rules;''.
(e-1) Tenure of certain chairmen and ranking minority
members.--
(1) In clause 5(a)(2) of rule X, amended subdivision (C) to
read as follows:
``(C) In the case of a Member, Delegate, or Resident
Commissioner elected to serve as the chairman or the ranking
minority member of the committee, tenure on the committee
shall be limited only by paragraph (c)(2) of this clause.''.
(2) In clause 11(a)(4) of rule X, amend subdivision (B) to
read as follows:
``(B) In the case of a Member, Delegate, or Resident
Commissioner appointed to serve as the chairman or the
ranking minority member of the select committee, tenure on
the selected committee shall not be limited.''.
(f) Associate Staff.--In clause 9(b) of rule X--
(1) redesignate subparagraph (2) as subparagraph (2)(A);
(2) redesignate subparagraph (3) as subparagraph (2)(B);
(3) in subparagraph (2)(B), as redesignated, insert ``other
than the committee on Appropriations'' after ``a committee'';
and
(4) strike subparagraph (4).
(g) Postponing Votes in Committee.--At the end of clause
2(h) of rule XI, add the following new subparagraph:
``(4)(A) Each committee may adopt a rule authorizing the
chairman of a committee or subcommittee--
``(i) to postpone further proceedings when a record vote is
ordered on the question of approving a measure or matter or
on adopting an amendment; and
``(ii) to resume proceedings on a postponed question at any
time after reasonable notice.
``(B) A rule adopted pursuant to this subparagraph shall
provide that when proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.''.
(h) Codification of Freestanding Ethics Rules.--In clause 3
of rule XI, add at the end the following new paragraphs:
``Committee agendas
``(f) The committee shall adopt rules providing that the
chairman shall establish the agenda for meetings of the
committee, but shall not preclude the ranking minority member
from placing any item on the agenda.
``Committee staff
``(g)(1) The committee shall adopt rules providing that--
``(A) the staff be assembled and retained as a
professional, nonpartisan staff;
``(B) each member of the staff shall be professional and
demonstrably qualified for the position for which he is
hired;
``(C) the staff as a whole and each member of the staff
shall perform all official duties in a nonpartisan manner;
``(D) no member of the staff shall engage in any partisan
political activity directly affecting any congressional or
presidential election;
``(E) no member of the staff or outside counsel may accept
public speaking engagements or write for publication on any
subject that is in any way related to his or her employment
or duties with the committee without specific prior approval
from the chairman and ranking minority member; and
``(F) no member of the staff or outside counsel may make
public, unless approved by an affirmative vote of a majority
of the members of the committee, any information, document,
or other material that is confidential, derived from
executive session, or classified and that is obtained during
the course of employment with the committee.
``(2) Only subdivisions (C), (E), and (F) of subparagraph
(1) shall apply to shared staff.
``(3)(A) All staff members shall be appointed by an
affirmative vote of a majority
[[Page H8]]
of the members of the committee. Such vote shall occur at the
first meeting of the membership of the committee during each
Congress and as necessary during the Congress.
``(B) Subject to the approval of the Committee on House
Administration, the committee may retain counsel not employed
by the House of Representatives whenever the committee
determines, by an affirmative vote of a majority of the
members of the committee, that the retention of outside
counsel is necessary and appropriate.
``(C) If the committee determines that it is necessary to
retain staff members for the purpose of a particular
investigation or other proceeding, then such staff shall be
retained only for the duration of that particular
investigation or proceeding.
``(D) Outside counsel may be dismissed before the end of a
contract between the committee and such counsel only by an
affirmative vote of a majority of the members of the
committee.
``(4) In addition to any other staff provided for by law,
rule, or other authority, with respect to the committee, the
chairman and ranking minority member each may appoint one
individual as a shared staff member for his or her personal
staff to perform service for the committee. Such shared staff
may assist the chairman or ranking minority member on any
subcommittee on which he serves.
``Meetings and hearings
``(h)(1) The committee shall adopt rules providing that--
``(A) all meetings or hearings of the committee or any
subcommittee thereof, other than any hearing held by an
adjudicatory subcommittee or any sanction hearing held by the
committee, shall occur in executive session unless the
committee or subcommittee by an affirmative vote of a
majority of its members opens the meeting or hearing to the
public; and
``(B) any hearing held by an adjudicatory subcommittee or
any sanction hearing held by the committee shall be open to
the public unless the committee or subcommittee by an
affirmative vote of a majority of its members closes the
hearing to the public.
``Public disclosure
``(i) The committee shall adopt rules providing that,
unless otherwise determined by a vote of the committee, only
the chairman or ranking minority member, after consultation
with each other, may make public statements regarding matters
before the committee or any subcommittee thereof.
``Requirements to constitute a complaint
``(j) The committee shall adopt rules regarding complaints
to provide that whenever information offered as a complaint
is submitted to the committee, the chairman and ranking
minority member shall have 14 calendar days or five
legislative days, whichever is sooner, to determine whether
the information meets the requirements of the rules of the
committee for what constitutes a complaint.
``Duties of chairman and ranking minority member regarding properly
flied complaints
``(k)(1) The committee shall adopt rules providing that
whenever the chairman and ranking minority member jointly
determine that information submitted to the committee meets
the requirements of the rules of the committee for what
constitutes a complaint, they shall have 45 calendar days or
five legislative days, whichever is later, after that
determination (unless the committee by an affirmative vote of
a majority of its members votes otherwise) to--
``(A) recommend to the committee that it dispose of the
complaint, or any portion thereof, in any manner that does
not require action by the House, which may include dismissal
of the complaint or resolution of the complaint by a letter
to the Member, officer, or employee of the House against whom
the complaint is made;
``(B) establish an investigative subcommittee; or
``(C) request that the committee extend the applicable 45-
calendar day or five-legislative day period by one additional
45-calendar day period when they determine more time is
necessary in order to make a recommendation under subdivision
(A).
``(2) The committee shall adopt rules providing that if the
chairman and ranking minority member jointly determine that
information submitted to the committee meets the requirements
of the rules of the committee for what constitutes a
complaint, and the complaint is not disposed of within the
applicable time periods under subparagraph (1), then they
shall establish an investigative subcommittee and forward the
complaint, or any portion thereof, to that subcommittee for
its consideration. However, if, at any time during those
periods, either the chairman or ranking minority member
places on the agenda the issue of whether to establish an
investigative subcommittee, then an investigative
subcommittee may be established only by an affirmative vote
of a majority of the members of the committee.
``DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING INFORMATION
NOT CONSTITUTING A COMPLAINT
``(l) The committee shall adopt rules providing that
whenever the chairman and ranking minority member jointly
determine that information submitted to the committee does
not meet the requirements of the rules of the committee for
what constitutes a complaint, they may--
``(1) return the information to the complainant with a
statement that it fails to meet the requirements of the rules
of the committee for what constitutes a complaint; or
``(2) recommend to the committee that it authorize the
establishment of an investigative subcommittee.
``Investigative and adjudicatory subcommittee
``(m) The committee shall adopt rules providing that--
``(1)(A) an investigative subcommittee shall be composed of
four Members (with equal representation from the majority and
minority parties) whenever such a subcommittee is established
pursuant to the rules of the committee;
``(B) an adjudicatory subcommittee shall be composed of the
members of the committee who did not serve on the pertinent
investigative subcommittee (with equal representation from
the majority and minority parties) whenever such a
subcommittee is established pursuant to the rules of the
committee; and
``(C) notwithstanding any other provision of this clause,
the chairman and ranking minority member of the committee may
consult with an investigative subcommittee either on their
own initiative or on the initiative of the subcommittee,
shall have access to information before a subcommittee with
which they so consult, and shall not thereby be precluded
from serving as full, voting members of any adjudicatory
subcommittee;
``(2) at the time of appointment, the chairman shall
designate one member of a subcommittee to serve as chairman
and the ranking minority member shall designate one member of
the subcommittee to serve as the ranking minority member; and
``(3) the chairman and ranking minority member of the
committee may serve as members of an investigative
subcommittee, but may not serve as non-voting, ex officio
members.
``STANDARD OF PROOF FOR ADOPTION OF STATEMENT OF ALLEGED VIOLATION
``(n) The committee shall adopt rules to provide that an
investigative subcommittee may adopt a statement of alleged
violation only if it determines by an affirmative vote of a
majority of the members of the subcommittee that there is
substantial reason to believe that a violation of the Code of
Official Conduct, or of a law, rule, regulation, or other
standard of conduct applicable to the performance of official
duties or the discharge of official responsibilities by a
Member, officer, or employee of the House of Representatives,
has occurred.
``SUBCOMMITTEE POWERS
``(o)(1) The committee shall adopt rules providing that an
investigative subcommittee or an adjudicatory subcommittee
may authorize and issue subpoenas only when authorized by an
affirmative vote of a majority of the members of the
subcommittee.
``(2) The committee shall adopt rules providing that an
investigative subcommittee may, upon an affirmative vote of a
majority of its members, expand the scope of its
investigation approved by an affirmative vote of a majority
of the members of the committee.
``(3) The committee shall adopt rules to provide that--
``(A) an investigative subcommittee may, upon an
affirmative vote of a majority of its members, amend its
statement of alleged violation anytime before the statement
of alleged violation is transmitted to the committee; and
``(B) if an investigative subcommittee amends its statement
of alleged violation, the respondent shall be notified in
writing and shall have 30 calendar days from the date of that
notification to file an answer to the amended statement of
alleged violation.
``DUE PROCESS RIGHTS OF RESPONDENTS
``(p) The committee shall adopt rules to provide that--
``(1) not less than 10 calendar days before a scheduled
vote by an investigative subcommittee on a statement of
alleged violation, the subcommittee shall provide
the respondent with a copy of the statement of alleged
violation it intends to adopt together with all evidence
it intends to use to prove those charges which it intends
to adopt, including documentary evidence, witness
testimony, memoranda of witness interviews, and physical
evidence, unless the subcommittee by an affirmative vote
of a majority of its members decides to withhold certain
evidence in order to protect a witness; but if such
evidence is withheld, the subcommittee shall inform the
respondent that evidence is being withheld and of the
count to which such evidence relates;
``(2) neither the respondent nor his counsel shall,
directly or indirectly, contact the subcommittee or any
member thereof during the period of time set forth in
paragraph (1) except for the sole purpose of settlement
discussions where counsel for the respondent and the
subcommittee are present;
``(3) if, at any time after the issuance of a statement of
alleged violation, the committee or any subcommittee thereof
determines that it intends to use evidence not provided to a
respondent under paragraph (1) to prove the charges contained
in the statement of alleged violation (or any amendment
thereof), such evidence shall be made immediately available
to the respondent, and it may be used in any further
proceeding under the rules of the committee;
``(4) evidence provided pursuant to paragraph (1) or (3)
shall be made available to the
[[Page H9]]
respondent and his or her counsel only after each agrees, in
writing, that no document, information, or other materials
obtained pursuant to that paragraph shall be made public
until--
``(A) such time as a statement of alleged violation is made
public by the committee if the respondent has waived the
adjudicatory hearing; or
``(B) the commencement of an adjudicatory hearing if the
respondent has not waived an adjudicatory hearing; but the
failure of respondent and his counsel to so agree in writing,
and their consequent failure to receive the evidence, shall
not preclude the issuance of a statement of alleged violation
at the end of the period referred to in paragraph (1);
``(5) a respondent shall receive written notice whenever--
``(A) the chairman and ranking minority member determine
that information the committee has received constitutes a
complaint;
``(B) a complaint or allegation is transmitted to an
investigative subcommittee;
``(C) an investigative subcommittee votes to authorize its
first subpoena or to take testimony under oath, whichever
occurs first; or
``(D) an investigative subcommittee votes to expand the
scope of its investigation;
``(6) whenever an investigative subcommittee adopts a
statement of alleged violation and a respondent enters into
an agreement with that subcommittee to settle a complaint on
which that statement is based, that agreement, unless the
respondent requests otherwise, shall be in writing and signed
by the respondent and respondent's counsel, the chairman and
ranking minority member of the subcommittee, and the outside
counsel, if any;
``(7) statements or information derived solely from a
respondent or his counsel during any settlement discussions
between the committee or a subcommittee thereof and the
respondent shall not be included in any report of the
subcommittee or the committee or otherwise publicly disclosed
without the consent of the respondent; and
``(8) whenever a motion to establish an investigative
subcommittee does not prevail, the committee shall promptly
send a letter to the respondent informing him of such vote.
``Committee reporting requirements
``(q) The committee shall adopt rules to provide that--
``(1) whenever an investigative subcommittee does not adopt
a statement of alleged violation and transmits a report to
that effect to the committee, the committee may by an
affirmative vote of a majority of its members transmit such
report to the House of Representatives;
``(2) whenever an investigative subcommittee adopts a
statement of alleged violation, the respondent admits to the
violations set forth in such statement, the respondent waives
his or her right to an adjudicatory hearing, and the
respondent's waiver is approved by the committee--
``(A) the subcommittee shall prepare a report for
transmittal to the committee, a final draft of which shall be
provided to the respondent not less than 15 calendar days
before the subcommittee votes on whether to adopt the report;
``(B) the respondent may submit views in writing regarding
the final draft to the subcommittee within seven calendar
days of receipt of that draft;
``(C) the subcommittee shall transmit a report to the
committee regarding the statement of alleged violation
together with any views submitted by the respondent pursuant
to subdivision (B), and the committee shall make the report
together with respondent's views available to the public
before the commencement of any sanction hearing; and
``(D) the committee shall by an affirmative vote of a
majority of its members issue a report and transmit such
report to the House of Representatives, together with the
respondent's views previously submitted pursuant to
subdivision (B) and any additional views respondent may
submit for attachment to the final report; and
``(3) members of the committee shall have not less than 72
hours to review any report transmitted to the committee by an
investigative subcommittee before both the commencement of a
sanction hearing and the committee vote on whether to adopt
the report.''
(i) Joint Referral.--In clause 2(c)(1) of rule XII, insert
before the semicolon the following: ``(except where he
determines that extraordinary circumstances justify review by
more than one committee as though primary)''.
(j) Macroeconomic analysis of Tax Proposals.--In clause
3(h) of rule XIII, strike subparagraphs (2) and (3) and
insert in lieu thereof the following:
``(2)(A) it shall not be in order to consider a bill or
joint resolution reported by the Committee on Ways and Means
that proposes the Internal Revenue Code of 1986 unless--
``(i) the report includes a macroeconomic impact analysis;
``(ii) the report includes a statement from the Joint
Committee on Internal Revenue Taxation explaining why a
macroeconomic impact analysis is not calculable; or
``(iii) the chairman of the Committee on Ways and Means
causes a macroeconomic impact analysis to be printed in the
Congressional Record before consideration of the bill or
joint resolution.
``(B) In subdivision (A), the term ``macroeconomic impact
analysis'' means--
``(i) an estimate prepared by the Joint Committee on
Internal Revenue Taxation of the changes in economic output,
employment, capital stock, and tax revenues expected to
result from enactment of the proposal; and
``(ii) a statement from the Joint Committee on Internal
Revenue Taxation identifying the critical assumptions and the
source of data underlying that estimate.''.
(k) Personal Electronic Equipment on Floor.--In clause 5 of
rule XVII, strike ``any personal'' and all that following in
the penultimate sentence and insert in lieu thereof ``a
wireless telephone or personal computer on the floor of the
House.''.
(l) Accounting for Vacancies.--In clause 5 of rule XX, add
after paragraph (b) the following new paragraph:
``(c) Upon the death, resignation, expulsion,
disqualification, or removal of a Member, the whole number of
the House shall be adjusted accordingly. The Speaker shall
announce the adjustment to the House. Such an announcement
shall not be subject to appeal. In the case of a death, the
Speaker may lay before the House such documentation from
federal, state, or local officials as he deems pertinent.''.
(m) Proceedings During Call of House.--In clause 6(c) of
rule XX, strike ``the Speaker may entertain a motion that the
House adjourn'' and insert in lieu thereof'' a motion that
the House adjourn shall be in order''.
(n) Five-Minute Voting in Series.--In rule XX, amend clause
9 to read as follows:
``9. The Speaker may reduce to five minutes the minimum
time for electronic voting on any question arising without
intervening business after an electronic vote on another
question if notice of possible five-minute voting for a given
series of votes was issued before the proceeding electronic
vote.''.
(o) Certain Tax or Tariff Provisions.--In clause 5(a) of
XXI, designate the existing text as subparagraph (1) and add
thereafter the following new subparagraph:
``(2) For purposes of paragraph (1), a tax or tariff
measure includes an amendment proposing a limitation on funds
in a general appropriation bill for the administration of a
tax or tariff.''.
(p) Motions to Instruct During Conference.--In clause
7(c)(1) of XXII, strike ``20 calendar days'' and insert in
lieu thereof ``20 calendar days and 10 legislative days''.
(q) Practice of Medicine.--In clause 2 of rule XXV, insert
``except for the practice of medicine'' after ``fiduciary
relationship'' in both places it appears.
(r) Gifts of Perishable Food.--In clause 5(a)(1)(B) of XXV
before the last sentence insert the following: ``The value of
perishable food sent to an office shall be allocated among
the individual recipients and not the Member, Delegate, or
Resident Commissioner.''.
(s) Charity Travel.--In clause 5(a)(4)(C) of XXV, insert
before the period the following: ``unless--
``(i) all of the net proceeds of the event are for the
benefit of an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code;
``(ii) reimbursement for the transportation and lodging in
connection with the event is paid by such organization; and
``(iii) the offer of free attendance at the event is made
by such organization''.
(t) Public Debt-Limit Legislation.--Redesignation rule
XXVII as rule XXVII and insert after rule XXVI the following
new rule:
``Rule XXVII
``statutory limit on public debt
``1. Upon adoption by Congress of a concurrent resolution
on the budget under section 301 or 304 of the Congressional
Budget Act of 1974 that sets forth, as the appropriate level
of the public debt for the period to which the concurrent
resolution relates, an amount that is different from the
amount of the statutory limit on the public debt that
otherwise would be in effect for that period, the Clerk shall
prepare an engrossment of a joint resolution increasing or
decreasing, as the case may be, the statutory limit on the
public debt in the form prescribed in clause 2. Upon
engrossment of the joint resolution, the vote by which the
concurrent resolution on the budget was finally agreed to in
the House shall also be considered as a vote on passage of
the joint resolution in the House, and the joint resolution
shall be considered as passed by the House and duly certified
and examined. The engrossed copy shall be signed by the
Clerk and transmitted to the Senate for further
legislative action.
``2. The matter after the resolving clause in a joint
resolution described in clause 1 shall be as follows: `That
subsection (b) of section 3101 of title 31, United States
Code, is amended by striking out the dollar limitation
contained in such subsection and inserting in lieu thereof
``$____''.', with the blank being filled with a dollar
limitation equal to the appropriate level of the public debt
set forth pursuant to section 301(a)(5) of the Congressional
Budget Act of 1974 in the relevant concurrent resolution
described in clause 1. If an adopted concurrent resolution
under clause 1 sets forth different appropriate levels of the
public debt for separate periods, only one engrossed joint
resolution shall be prepared under clause 1; and the blank
referred to in the preceding sentence shall be filled with
the limitation that is to apply for each period.
``3. (a) The report of the Committee on the Budget on a
concurrent resolution described
[[Page H10]]
in clause 1 and the joint explanatory statement of the
managers on a conference report to accompany such a
concurrent resolution each shall contain a clear statement of
the effect the eventual enactment of a joint resolution
engrossed under this rule would have on the statutory limit
on the public debt.
``(b) It shall not be in order for the House to consider a
concurrent resolution described in clause 1, or a conference
report thereon, unless the report of the Committee on the
Budget or the joint explanatory statement of the managers
complies with paragraph (a).
``4. Nothing in this rule shall be construed as limiting or
otherwise affecting--
``(a) the power of the House or the Senate to consider and
pass bills or joint resolutions, without regard to the
procedures under clause 1, that would change the statutory
limit on the public debt; or
``(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the introduction,
consideration, and reporting of such bills or joint
resolutions.
``5. In this rule the term `statutory limit on the public
debt' means the maximum face amount of obligations issued
under authority of chapter 31 of title 31, United States
Code, and obligations guaranteed as to principal and interest
by the United States (except such guaranteed obligations as
may be held by the Secretary of the Treasury), as determined
under section 3101(b) of such title after the application of
section 3101(a) of such title, that may be outstanding at any
one time.''.
(u) Technical and Codifying Changes.--
(1) In clause 2(g) of rule II--
(a) strike ``do'' in each place it appears and insert in
lieu thereof ``perform''; and
(b) strike ``done'' and insert in lieu thereof
``performed''.
(2) In clause 1(g)(6) of rule X, strike ``organization''
and insert in lieu thereof ``organizations''.
(3) In clause 3(a)(1)(B) of rule XIII, strike ``or (4)''.
(4) In clause 3 of rule XVIII, strike ``All bills'' and
insert in lieu thereof ``All public bills''.
(5) In clause 2(a) of rule XX, strike ``9 or 10'' and
insert in lieu thereof ``8 or 9''.
(6) In clause 8 of rule XX--
(a) amend paragraph (a)(1) to read as follows:
``(a)(1) When a recorded vote is ordered, or the yeas and
nays are ordered, or a vote is objected to under clause 6--
``(A) on any of the questions specified in subparagraph
(2), the Speaker may postpone further proceedings to a
designated place in the legislative schedule within two
additional legislative days; and
``(B) on the question of agreeing to the Speaker's approval
of the Journal, the Speaker may postpone further proceedings
to a designated place in the legislative schedule on that
legislative day.''; and
(b) in paragraph (a)(2), strike ``the'' before
``subparagraph (1)''.
(7) In clause 8 of rule XX--
(a) in paragraph (b) strike ``in the order in which it was
considered''; and
(b) in paragraph (d) strike ``in the order in which they
were considered''.
(8) In clause 1 of rule XXII, strike ``bill or resolution''
in each place it appears and insert in lieu thereof
``proposition''.
(9) In clause 12(a)(2) of rule XXII, strike ``by a record
vote'' and insert in lieu thereof ``by the yeas and nays''.
SEC. 3. SEPARATE ORDERS.--
(a) Budget Matters.--
(1) During the One Hundred Eighth Congress, references in
section 306 of the Congressional Budget Act of 1974 to a
resolution shall be construed in the House of Representatives
as references to a joint resolution.
(2) During the One Hundred Eighth Congress, in the case of
a reported bill or joint resolution considered pursuant to a
special order of business, a point of order under section 303
of the Congressional Budget Act of 1974 shall be determined
on the basis of the text made in order as an original bill or
joint resolution for the purpose of amendment or to the text
on which the previous question is ordered directly to
passage, as the case may be.
(3) During the One Hundred Eighth Congress, a provision in
a bill or joint resolution, or in an amendment thereto or a
conference report thereon, that establishes prospectively for
a Federal office or position a specified or minimum level of
compensation to be funded by annual discretionary
appropriations shall not be considered as providing new
entitlement authority within the meaning of the Congressional
Budget Act of 1974.
(4)(A) During the One Hundred Eighth Congress, pending the
adoption of a concurrent resolution on the budget for fiscal
year 2003, the provisions of House Concurrent Resolution
353 of the One Hundred Seventh Congress, as adopted by the
House, shall have force and effect in the House as though
the One Hundred Eighth Congress has adopted such a
concurrent resolution.
(B) The chairman of the Committee on the Budget (when
elected) shall submit for printing in the Congressional
Record--
(i) the allocations contemplated by section 302(a) of the
Congressional Budget Act of 1974 to accompany the concurrent
resolution described in subparagraph (A), which shall be
considered to be such allocations under a concurrent
resolution on the budget;
(ii) ``Accounts Identified for Advance Appropriations,''
which shall be considered to be the programs, projects,
activities, or accounts referred to section 301(b) of House
Concurrent Resolution 353 of the One Hundred Seventh
Congress, as adopted by the House; and
(iii) an estimated unified surplus, which shall be
considered to be the estimated unified surplus set forth in
the report of the Committee on the Budget accompanying House
Concurrent Resolution 353 of the One Hundred Seventh Congress
referred to in section 211 of such concurrent resolution.
(C) The allocation referred to in section 231(d) of House
Concurrent Resolution 353 of the One Hundred Seventh
Congress, as adopted by the House, shall be considered to be
the corresponding allocation among those submitted by the
chairman of the Committee on the Budget under subparagraph
(B)(i).
(b) Certain Subcommittees.--Notwithstanding clause 5(d) of
rule X, during the One Hundred Eighth Congress--
(1) the Committee on Armed Services may have not more than
six subcommittees;
(2) the Committee on International Relations may have not
more than six subcommittees; and
(3) the Committee on Transportation and Infrastructure may
have not more than six subcommittees.
(c) Numbering of Bills.--In the One Hundred Eighth
Congress, the first 10 numbers for bills (H.R. 1 through H.R.
10) shall be reserved for assignment by the Speaker to such
bills as he may designate when introduced during the first
session.
(d) Motions To Suspend the Rules.--During the first session
of the One Hundred Eighth Congress, the Speaker may entertain
motions that the House suspend the rules on Wednesdays
through the second Wednesday in April as though under clause
1 of rule XV.
SEC. 4. SELECT COMMITTEE ON HOMELAND SECURITY.
(a) Establishment; Composition; Vacancies.--
(1) Establishment.--During the One Hundred Eighth Congress,
there is established a Select Committee on Homeland Security.
(2) Composition.--The select committee shall be composed of
Members appointed by the Speaker, including Members appointed
on the recommendation of the Minority Leader. The Speaker
shall designate one member as chairman. Service on the select
committee shall not count against the limitations on
committee service in clause 5(b)(2) of rule X.
(3) Vacancies.--Any vacancies occurring in the membership
of the select committee shall be filled in the same manner as
the original appointment.
(b) Jurisdiction; functions.--
(1) Legislative jurisdiction.--The select committee may
develop recommendations and report to the House by bill or
otherwise on such matters that relate to the Homeland
Security Act of 2002 (P.L. 107-296) as may be referred to it
by the Speaker.
(2) Oversight function.--The select committee shall review
and study on the continuing basis laws, programs, and
Government activities relating to homeland security.
(3) Rules study.--The select committee is authorized and
directed to conduct a thorough and complete study of the
operation and implementation of the rules of the House,
including rule X, with respect to the issue of homeland
security. The select committee shall submit its
recommendations regarding any changes in the rules of the
House to the Committee on Rules not later than September 30,
2004.
(c) Procedure.--The rules of the House applicable to the
standing committees shall govern the select committee where
not inconsistent with this section.
(d) Funding.--To enable the select committee to carry out
the purposes of this resolution, the select committee may use
the services of staff of the House.
(e) Disposition of Records.--Upon dissolution of the select
committee, the records of the select committee shall become
the records of any committee designated by the Speaker.
The SPEAKER. The gentleman from Texas (Mr. DeLay) is recognized for 1
hour.
Mr. DeLAY. Mr. Speaker, for the purposes of debate only, I yield the
customary 30 minutes to the gentlewoman from California (Ms. Pelosi) or
her designee, pending which I yield myself such time as I may consume.
During the consideration of the resolution, all time yielded is for
debate purposes only. I ask unanimous consent that the time allocated
to me be controlled by the gentleman from California (Mr. Dreier).
The SPEAKER. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The SPEAKER. The Chair recognizes the gentleman from California (Mr.
Dreier).
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
I want to begin by extending congratulations to the Speaker, our
majority leader, our friends in the minority and all of our colleagues
on their election.
[[Page H11]]
The comprehensive changes that we are proposing in H. Res. 5 seek to
build on the successful reform accomplishments of the last 8 years
which have helped to make the House more accountable and deliberative
and have strengthened our ability to govern effectively and
responsibly.
As my colleagues recall, Mr. Speaker, we overhauled the committee
system, made Congress compliant with anti-discrimination and workplace
safety laws, opened committee meetings to the public and press,
modernized the Rules of the House to make them more understandable, and
cut the number of standing rules nearly in half. In the 107th Congress,
we created the Committee on Financial Services, enhanced oversight
planning, strengthened performance goals and objectives, and created
the Department of Homeland Security.
Our continued investments in technology are transforming the culture,
operations, and responsibilities of Congress in a very positive way.
With that having been said, I want to describe some of the more
significant positive rules changes we are proposing to the standing
rules of the House, and those are contained in section 2 of this
resolution.
Section 2(A) and section 2(C), as well as section 2(L) stem from the
recommendations made by the bipartisan Continuity of Congress Task
Force, which was formed following the attack of September 11, 2001,
which Speaker Hastert talked about, that was cochaired by my friend,
the gentleman from Texas (Mr. Frost) and the gentleman from California
(Mr. Cox), and it reviewed the rules and procedures of the House to
ensure that the appropriate institutional and mechanisms were in place
to respond to a catastrophic event.
The first provision amends rule 1, clause 8(b) to require the Speaker
to provide to the Clerk of the House a list of Members in the order in
which each shall act as Speaker pro tempore in the case of a vacancy in
the office of Speaker.
Section 2(C) provides new recess and convening authorities to the
Speaker in the event of an imminent threat to the safety of the House
by amending clause 12 of rule 1.
Finally, Mr. Speaker, section 2(L) codifies the practice of adjusting
the whole number of the House upon the death, resignation, expulsion,
disqualification, or removal of a Member in rule 20, clause 5.
In the 107th Congress, rule 18 was amended to allow the Chairman of
the Committee of the Whole to postpone a request for a recorded vote on
any amendment. This procedure has been very helpful, as my colleagues
know, Mr. Speaker, in improving the management of the floor and in
dealing with the challenges of our legislative schedule. In an effort
to provide committees with similar management flexibility, section 2(G)
proposes to amend rule 11, clause 2(h) to allow committees to adopt a
similar rule authorizing the chairman of a committee or subcommittee to
postpone certain votes and resume proceedings on a postponed question
after reasonable notice. An underlying proposition would remain subject
to further debate or amendment to the same extent as when the question
was postponed.
During the 105th Congress, Mr. Speaker, the House adopted H. Res.
168, which included both changes to the standing rules of the House and
freestanding directives to the Committee on Standards of Official
Conduct. For the past two Congresses, these freestanding directives
have been carried forward through a separate order.
Section 2(H) codifies these directives which address committee
agenda, committee staff, meetings and hearings, public disclosure,
requirements to constitute a complaint, duties of the chairman and
ranking member, investigative and adjudicatory subcommittees, standard
of proof for adoption of statement of alleged violation, subcommittee
powers, due process rights of respondents, and committee reporting
requirements.
Section 2(I) permits the joint referral of measures without
designation of primary jurisdiction. This change is meant only as a
minor deviation from the normal requirement under the rules for the
designation of one committee of primary jurisdiction and should be
exercised only in extraordinary jurisdictionally deserving instances.
Mr. Speaker, in an effort to provide more realistic estimates of tax
measures, section 2(J) requires the Committee on Ways and Means to
include in reports on measures amending the Internal Revenue Code of
1986 an analysis by the Joint Tax Committee on the macroeconomic impact
of such legislation. This is something also known, Mr. Speaker, as
dynamic scoring.
Mr. Speaker, section 2(O) of the resolution expands the application
of clause 5(a) of rule 21 to include as a tax or tariff measure a floor
amendment limiting funds in a general appropriation bill for the
administration of a tax or tariff. The intent of this rules change is
to ease the burden on the maker of a point of order from having to show
a necessary, certain and inevitable change in revenue collections, tax
statuses, or liability as previous precedents required, to one of
showing a textual relationship between the amendment and the
administration of the Internal Revenue or tariff laws.
The resolution amends clause 7(c)(1) of rule 22 to permit further
motions to instruct during conference to be offered after 20 calendar
days, but not less than 10 legislative days. While continuing to afford
a Member a timely opportunity to offer a further motion to instruct,
the modification in section 2(P) provides a more realistic timetable,
especially when a conference extends over a lengthy recess and is
unable to meet.
Section 2(T) creates a new rule 27 which provides for the automatic
House passage of a joint resolution increasing the statutory limit on
the public debt when the House agrees to a budget resolution that
requires such an increase. The amount of the increase in the joint
resolution conforms to the level established in the budget resolution.
The final House vote on the conference report on the budget resolution
shall be deemed the vote on the joint resolution. The rule is similar
to the former rule 23 of the 106th Congress and prior Congresses.
The resolution also makes exceptions and clarifications to rule 25,
also known as the gift rule, with regard to perishable food distributed
in the office and charity travel, respectively. And, for the most part,
the remaining provisions of section 2 are technical, conforming, or
clarifying in nature.
Mr. Speaker, section 3 of the resolution consists of ``Separate
Orders'' which do not change any of the standing rules of the House.
These are more or less housekeeping provisions which deem certain
actions or waive the application of certain rules of the House.
Section 3(A) provides for the continuation of certain budget
enforcement mechanisms from the 107th Congress as well as deems the
provisions of the budget resolution H. Con. Res. 353 as adopted by the
House in the 107th Congress shall have effect in the 108th Congress
until such time as a conference report establishing a budget for the
fiscal year 2004 is adopted.
Also contained in section 3(B) is a separate order providing for the
limited number of exemptions to clause 5(d) of rule 10 regarding a
limitation on the number of subcommittees a committee may establish.
This resolution grants the Committee on Armed Services, the Committee
on International Relations, and the Committee on Transportation and
Infrastructure up to six subcommittees each.
Mr. Speaker, recognizing that it takes time for committees to
organize and report legislation at the beginning of a new Congress,
section 3(D) provides that during the first session of this 108th
Congress motions to suspend the rules shall be in order on Wednesdays
from the beginning of the Congress through the second Wednesday in
April, as though under clause 1 of rule 15.
Mr. Speaker, section 4 of the resolution is very important and
significant, and is aimed at ensuring effective oversight of a crucial
national priority, and that is what was discussed in the Speaker's
address to us; namely, homeland security. The security threats to our
Nation are real and dangerous. Every branch of government, including
the Congress, must be an integral part of the homeland security effort.
In that regard, section 4 of the resolution establishes a Select
Committee on Homeland Security for the 108th Congress with both
legislative and oversight responsibilities.
[[Page H12]]
The select committee would have legislative jurisdiction over matters
that relate to the Homeland Security Act of 2002, Public Law 107-296.
As the Act is the organic statute creating the new Department of
Homeland Security, it is anticipated that the select committee would be
the committee of jurisdiction over bills dealing with the new
Department.
Further, the select committee would have jurisdiction over
legislation amending the Act such as a bill making technical
corrections to that Act. In addition to the committee of primary
jurisdiction, the Speaker would have the authority to refer bills to
the select committee as an additional committee, either initially or
sequentially. Otherwise, the existing jurisdictional rules of the House
would continue to apply during the 108th Congress.
The select committee would have oversight responsibility over laws,
programs, and government activities relating to homeland security and
is intended to serve as the primary coordinating committee of the
House.
Mr. Speaker, until the new Department of Homeland Security is up and
running, it is difficult to predict how best to reflect legislative
oversight and authorization functions for the Department in the House.
Furthermore, during this transitional period, it is crucial that the
White House and the new Department's leadership have a central point of
contact with the House. This new select committee will provide this
interim capacity. It will also conduct a study of the operation of the
rules of the House, including possible changes in committee
jurisdiction with respect to homeland security. Those recommendations
would be submitted to the Committee on Rules by September 30, 2004.
At this point, Mr. Speaker, I would like to include for the Record a
more detailed, section-by-section summary of H. Res. 5, as well as
other relevant material.
Section-By-Section Summary
Section 1. Resolved Clause
The rules of the House of Representatives for the 107th
Congress are adopted as the rules of the House for the 108th
Congress with amendments as provided in section 2, and with
other orders provided in sections 3 and 4.
Section 2. Changes in Standing Rules
(a) Speaker succession. The Speaker is required to submit
to the Clerk of the House a list of Members to succeed the
Speaker in the event of a vacancy in the office of the
Speaker until the House reconvenes in order to elect a new
Speaker. [Rule I, clause 8(b)]
(b) Repeal of Speaker term limit. This provision strikes
Clause 9 of Rule 1, which limits a Member to no more than 4
consecutive terms as Speaker. [Rule I, clause 9]
(c) Declaration of emergency recess. The Speaker may, when
notified of an imminent threat to the House's safety, declare
an emergency recess subject to the call of the Chair. Allows
the Speaker to accelerate or postpone the reconvening of the
House in the event of an emergency. [Rule I, clause 12]
(d) Clarification of staff access to House Floor. The
practice of allowing leadership staff with Floor
responsibilities access to the House Floor is codified. [Rule
IV, clause 2(a)(7)]
(e) Rules Member on Budget Committee. The Committee on the
Budget shall include one member of the Committee on Rules.
Codifies action taken in the 108th Republican Conference
organizational meeting requiring that one Member of the Rules
Committee serve on the Budget Committee. [Rule X, clause
5(a)(2)]
(f) Associate and professional staff. This change clarified
that the professional staff of the Appropriations Committee
shall comply with the same rules regarding their duties as
the professional staff of all other House committees. Further
clarifies that the associate or shared staff of the
Appropriations Committee are not subject to the review of the
Committee on House Administration in connection with the
reporting of committee expense resolutions. This change is
technical in nature [Rules X, clause 9(b)]
(g) Postponing votes in committee. Committees may adopt a
rule which allows the chairman of a committee or subcommittee
to postpone votes on approving a measure or matter or on
adopting an amendment and to resume proceedings on a
postponed question at any time after reasonable notice. An
underlying proposition shall remain subject to further debate
or amendment to the same extent as when the question was
postponed. [Rule XI, clause 2(h)]
(h) Incorporation of H. Res. 168 (105th) in clause 3 of
Rule XI ``(Committee on Standards of Official Conduct).''
Over the last two consecutive Congresses the Committee on
Standards of Official Conduct's operating procedure has been
carried over as a separate order referencing a resolution
adopted by the 105th Congress. This modification codifies the
aforementioned operating procedures. [Rule XII, clause
2(c)(1)]
(i) Joint referral. Joint referral of measures without
designation of primary jurisdiction will be permitted under
`exceptional circumstances.' Under this designation, the
Speaker may designate more than one committee as though
primary. [Rule XII, clause 2(c)(1)]
(j) Require dynamic scoring in Ways & Means reports. The
Committee on Ways and Means is required to include in reports
on measures amending the Internal Revenue Code of 1986 an
analysis by the Joint Tax Committee on the macroeconomic
impact of such legislation. The committee is not required to
include such analysis if the Joint Tax Committee certifies
that such analysis is not calculable. In addition, the
chairman of the Ways & Means Committee may satisfy this
requirement by inserting such analysis in the Congressional
Record prior to the bill's consideration on the floor. [Rule
XIII, clause 3(h)]
(k) Personal electronic equipment on the Floor. This
provision modernizes the rules of the House to prohibit only
the use of wireless telephones and personal computers on the
House floor, thereby permitting the use of unobtrusive
handheld electronic devices. [Rule XVII, clause 5]
(l) Accounting for vacancies. The practice of adjusting the
whole number of the House in the case of vacancies in the
membership is codified. [Rule XX, clause 5]
(m) Proceedings during call of House. This change clarifies
that a motion to adjourn retains its normal privilege and is
in order during a call of the House under clause 6 of rule
XX. The former language of the rule could be interpreted to
five the Speaker the discretion to entertain such motion.
This change is technical in nature. [Rule XX, clause 6(c)]
(n) Five-minute voting in series. The Speaker's authority
to reduce the minimum time for electronic voting following a
fifteen-minute vote is expanded to include all succeeding
votes provided no other business intervenes and notice of
possible five-minute voting is given. This change is
technical in nature. [Rule XX, clause 9]
(o) Prohibition on limitation amendments for the
administration of taxes and tariffs and on measures
restricting imports. Expands the application of clause 5(a)
of rule XXI to include as a tax or tariff measure a floor
amendment limiting funds in a general appropriation bill for
the administration of a tax or tariff. [Rule XXI, clause
5(a)]
(p) Motions to instruct during conference. Permits further
motions to instruct to be offered after 20 calendar days, but
not less than 10 legislative days. [Rule XXII, clause
7(c)(1)]
(q) Fiduciary relationship exemption for physicians.
Redefines a fiduciary relationship as not including ``the
practice of medicine,'' thereby allowing dentists and
physicians to earn outside income up to $22,500. [Rule XXV,
clause 2]
(r) Perishable food as gift. Provides that the value of
perishable food sent as a gift to an office shall be
allocated among the individual receipts and not to the
Member. [Rule XXV, clause 5(a)(1)(B)]
(s) Gift ban exemption for charity travel. Clarifies the
gift ban to allow Members to be reimbursed for travel and
lodging expenses by a charity organization, in cases where
the net proceeds of the event go to a qualified charity, and
the invitation is issued by the charity. [Rule XXV, clause
5(a)(4)(C)]
(t) Statutory limit on public debt. (reinstate ``Gephardt
Rule'', former Rule XXIII of the 106th Congress.) Provides
for automatic House passage of joint resolution increasing
the statutory limit on the public debt when the House agrees
to a budget resolution that requires such an increase. The
amount of the increase in the joint resolution conforms to
the level established in the budget resolution. The final
House vote on the budget resolution shall be deemed the vote
on the joint resolution. [New Rule XXVII, former Rule XXVII
redesignated as Rule XXVIII]
(u) Technical corrections. Technical and grammatical
changes are made throughout the rules of the rules of the
House, including those correcting changes that were made as a
result of the recodification of the House rules.
Section 3. Separate Orders
(a)(1)-(a)(3) Continuation of budget enforcement mechanisms
from the 107th. This order clarifies that section 306 of the
Budget Act (prohibiting consideration of legislation within
the Budget Committee's jurisdiction, unless reported by the
Budget Committee) only applies to bills and joint resolutions
and not to simple and concurrent resolutions. It also makes a
Section 303 point of order (requiring adoption of budget
resolution before consideration of budget-related
legislation) applicable to text made in order as original
bill by a special rule. Specified or minimum levels of
compensation will not be considered as providing new
entitlement authority.
(a)(4) Continuation of budget ``deeming'' resolution from
the 2nd Session of the 107th Congress. This order establishes
that the provisions of House Concurrent Resolution 353 as
adopted by the House in the 107th Congress, shall have effect
in the 108th Congress until such time as a conference report
establishing a budget for the fiscal year 2004 is adopted.
(b) Extra subcommittees for Armed Services, International
Relations, and Transportation & Infrastructure. A waiver of
Rule X, clause 5(d), is granted for International Relations,
Transportation & Infrastructure, and Armed Services for 6
subcommittees in the 108th Congress.
[[Page H13]]
(e) Numbering of bills. In the 108th Congress, the first 10
numbers for bills (H.R. 1 through H.R. 10) shall be reserved
for assignment by the Speaker to such bills as he may
designate when introduced during the first session.
(d) Wednesday suspension day. During the first session of
the 108th Congress, motions to suspend the rules shall be in
order on Wednesdays through the second Wednesday in April.
Section 4. Select Committee on Homeland Security
This section establishes the Select Committee on Homeland
Security for the 108th Congress. It establishes that the
Select Committee will have legislative jurisdiction to
develop recommendations and report to the House by bill or
otherwise on such matters that relates to the Homeland
Security Act of 12002 (P.L. 107-296).
Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we all remember how partisan, divisive and, most
importantly, unproductive the last Congress was. Despite the
President's campaign promise to change the tone in Washington, nothing
really changed in the way Republicans ran the House of Representatives.
In fact, over the past 2 years, the Republican majority had a well-
established and easily documented track record of denying the minority
a voice in proceedings and deliberations of the House, and that,
unfortunately, played a large role in the failure of the Republican
Congress to address America's critical concerns, from the economy and
homeland security to health care and retirement security.
But, in the spirit of the new year, Mr. Speaker, Democrats came to
the floor today hoping that Republicans might turn over a new leaf,
that they might agree to a rules package to operate the House as a
deliberate, democratic institution in which all points of view have a
right to be heard. Unfortunately, the package before us only makes
things worse, making changes that only assure that the voice of the
minority will be heard less and less. For that reason, I rise in
opposition to H. Res. 5. I will offer a motion to commit at the end of
this debate, and I urge every Member of this body who believes that all
of the American people have a right to be heard and a right to
participate in a democratic, small ``d'', institution to vote for it.
Mr. Speaker, this is not the Politburo; this is the United States
House of Representatives. It is high time that the majority remembered
that very clear distinction. We are not here to raise our hands in
unison; we are here to debate what is in the best interests of this
country, and there are many differing views in this body about how to
achieve that end. Those views should and must be heard.
Mr. Speaker, I would like to take a few minutes to explain why I and
the Democratic Caucus oppose these rules changes proposed by the
Republican majority. As I said, we see these changes, along with the
majority's record of stifling dissent, as counterintuitive to the
notion of the democratic process. We see some of these changes as fig
leaves or, as my good friend the gentleman from Wisconsin (Mr. Obey) is
often heard to say, giving Members a chance to pose for holy pictures.
We see some of these changes as attempts to cover up what is really
happening in terms of the Federal budget, both on the spending and tax
sides. And finally, we see some of these changes as allowing Members to
skirt the intent of the ethics rules in this body, something that only
sullies the reputation of an honorable institution.
For example, the majority took great pains in 1995 to abolish the
practice of proxy voting. I am not here to pass judgment on that old
practice. I can only say that the Republican majority condemned
Democrats when we held the majority for allowing Members to vote by
proxy in committee. However, the Republican majority has encountered
some of the same problems that made proxy voting a useful tool for
committees to get their work done. Because the Republican majority has
refused to negotiate committee ratios that accurately reflect and
fairly reflect the numbers in this body, their Members have been spread
too thin and oftentimes must choose between one committee's proceedings
and another.
{time} 1445
Consequently, there have been a number of markups held where
Democrats have been able to pass amendments because some Republicans
have voted for those amendments and because other Republican Members
have been absent. The majority has decided that the best way to deal
with those rare occasions in which Democrats actually win a vote is to
ensure that votes cannot be taken until the Chair of the full committee
or a subcommittee has all the votes in the room, somewhat akin to proxy
voting.
This change proposed by the majority would allow those Chairs to
postpone indefinitely votes on ordered questions. There is no
definition in the rule about when votes must be called by, and there is
no definition in the rule for what constitutes reasonable notice.
Frankly, Mr. Speaker, this rule is a recipe for autocracy in the
committees of this body. My motion to commit will delete this provision
from the package of the rules for the 108th Congress.
Secondly, the Republican majority seems intent on cooking the Federal
budgetary books in so many ways that a new recipe was sure to find its
way into this package, and so it has. The majority has now included a
rule providing that no tax bill may be considered unless the Joint
Committee on Taxation has included an analysis in the report
accompanying that bill on the macroeconomic impact of such legislation.
And just what is the macroeconomic impact? Why, it is nothing more than
dynamic scoring, a methodology that has been discounted and outright
dismissed by any economist worth his or her salt, including the
chairman of the Federal Reserve.
As Chairman Greenspan has said about dynamic scoring: ``The
analytical tools required to achieve it are deficient . . . no model
currently in use can predict macroeconomic effects without substantial
ad hoc adjustments that effectively override the internal structure of
the model.'' In other words, Mr. Speaker, it does not work, an example
of what President Bush had called ``fuzzy math.''
Yet, the Republican majority persists in believing that this bogus
economic analysis of tax policy is real and reliable. But I would
contend the only real thing that is real and reliable about dynamic
scoring is that it will serve as a cover-up for the true impact of the
losses of revenue to the Federal Treasury generated by tax cuts
endorsed by this White House and the Republican majority. My motion to
commit will delete this provision from the package of the rules of the
108th Congress.
Motions to instruct conferees have been successfully used by
Democrats and, may I add, by the Republicans when they were in the
minority, to fight for important issues like aviation security when
otherwise denied that ability by the Republican majority. Because
Democratic Members are far too often shut out of the deliberative
process when a bill reaches the floor, a motion to instruct is
sometimes the only way a Member might be able to bring an issue up for
discussion. But the Republican majority, who did not seem particularly
anxious to do much work in Washington in the past 2 years, considers
these attempts to open the discussion in the House as a nuisance,
rather than as a means to bring democracy back to the institution.
So Republicans have an amendment in this package that further
restricts the right of any Member, Republican or Democrat, to offer a
motion to instruct by requiring that in addition to the 20 calendar
days from the time a conference is appointed, 10 legislative days must
elapse. The new rule is so loosely drafted that it is questionable
whether those 20 calendar days and 10 legislative days run concurrently
or not. Either way, since this body is in session so seldom, 10
legislative days would fill up an entire month, further delaying the
ability of Members to bring up legitimate issues relating to those
bills submitted to conference.
Mr. Speaker, this provision is such a blatant slap in the face of the
democratic process in the House of Representatives, the Republican
majority should hang its collective head. For that reason, my motion to
commit will strike this amendment from the rules package.
Mr. Speaker, since I have been in Congress, I have had the
opportunity to serve on two special committees created for the purpose
of revising and
[[Page H14]]
strengthening our ethics rules and regulations. The Republican majority
made much of past abuses in this body, in spite of the fact that
Members on both sides of the aisle were caught in these situations.
Yet, now the Republicans believe they have such a safe and secure
majority for the foreseeable future, they want to undo some of the
significant strides that were made by these two special committees.
The Republican majority has opened a proverbial can of worms by
including several items in their package. The first might be called the
``pizza rule.'' Because some outsiders like to provide large quantities
of free food and drink to Members' offices night after night, this new
Republican provision would carve out an exception to the gift rule.
We also have the ``I have a second job and I want to get paid for
it'' rule. Members are currently prohibited from acting in certain
fiduciary capacities and thus are not allowed to receive compensation
for practicing a profession that offers services involving a fiduciary
relationship.
Mr. Speaker, no matter how worthy a profession might be, why should
we create a special exemption in the rules for the practice of
medicine? If we do it for one, why not everyone? I think this House
would be far better served if we just kept the rule the way it is now.
For these reasons, my motion to commit will strike the provisions in
the rules package that relate to ethics rules.
My motion to commit also strikes two separate orders contained in
section 3 of the resolution. The first provision I will seek to strike
establishes the budget resolution adopted by the House in the second
session of the 107th Congress as in effect in this Congress until such
time as a conference report establishing a budget for fiscal year 2004
is passed.
Mr. Speaker, my Republican colleagues will say this will merely allow
the House to finish work on the appropriations bills for fiscal year
2003. Perhaps we should have done that in the 107th Congress rather
than waiting to do it in the 108th Congress, with budget numbers
outdated and unrealistic given the current economic circumstances.
In addition, the appropriations number in the House-passed budget
resolution of the 107th Congress is $749 billion; yet, the Republican
leadership has agreed with the White House on budget numbers exceeding
that figure. In addition, the budget resolution of the second session
of last Congress maintains highway numbers that are also outdated and
which, frankly, are not good policy. For example, those numbers will
not allow for increased highway construction money that might be
prudently spent throughout the country to create jobs and restore
crumbling infrastructure.
Secondly, in furtherance of the Republican majority's agenda to
stifle debate by cutting debate, cutting off amendments, and staying
out of town as much as possible, this package contains a separate order
that will make Wednesday a suspension day through the second Wednesday
in April. Now, this order will certainly cut down on the work of the
Committee on Rules, since one of our best work products has been a rule
making Wednesday a suspension day. But Democrats believe that far too
many bills are considered under suspension already and that the House
is thus denied the opportunity to fully debate and amend legislation.
In my motion to commit, this provision would be stricken; but we have
also included language that calls on the Republican majority to bring
up fewer, rather than more, bills on suspension, and that no bill
should be considered on suspension if it authorizes or makes
appropriations in excess of $100 million. There is ample time in our
calendar to spend on the floor debating legislation. We should not be
institutionalizing shortened weekdays and cutting off debate.
We have also included in the Democratic motion to commit language
calling on the Republican leadership to ensure that the minority party
will be able to fully participate in the legislative process. We have
recommended that they strive to ensure that five ``good government''
ideas are followed in the House.
First, so that Members might know what they are voting on when they
vote, we call on the Republican leadership to ensure that Members have
conference reports available to them 3 calendar days before such a
conference report is considered in the House; and at the very least, at
a bare minimum, no conference report should come to the floor unless
every Member has had 24 hours to review it; not exactly a revolutionary
concept.
Second, we asked the Republican leadership to reduce the number of
waivers contained in rules reported from the Committee on Rules. This
is especially important in the consideration of bills that have been
reported and that go straight to the floor. Many times, even members of
the committee of jurisdiction are not sure if the bill that comes to
the floor is the same bill that was reported, and it would only enhance
the legislative process and democracy if Members had adequate time to
review legislation.
Third, we call on the Republican leadership to allow the House to
debate and amend legislation by reducing the number of important bills
that are considered on the suspension calendar.
In that regard, we are, fourthly, asking that the majority ensure
that more alternatives and substitutes be allowed in rules adopted by
the Committee on Rules.
Finally, we ask the Republican leadership to allow more legislation
to be considered on the floor under open rules so that more Democrats
may offer amendments.
Finally, Mr. Speaker, Democrats must raise strong objections to the
manner in which the Republican leadership has gone about creating a
Select Committee on Homeland Security. This provision was added last
night with no consultation with the minority, and we believe that is no
way to begin a new Congress when the issue of homeland security is one
that does not belong to either party. We are all Americans here, and we
should be involved in the deliberations surrounding the provisions of
the Homeland Security Act.
Mr. Speaker, I know our motion to commit will not pass today; but I
do believe it is important that we talk about these issues, because in
the long run it is for the good of the institution. I am proud to serve
here, and I am proud to represent the people of my congressional
district. I think that I, along with every other Member of this body,
should be able to fully participate in the process of making laws,
setting policy, and determining the course of this Nation in the years
to come.
While I recognize that he with the most votes wins, I also know that
if someone has the most votes, they should not fear an opposing point
of view. For too long the Republican Party has seemed, through their
words and actions, to fear dissent among their own ranks, as well as
the opposing view that may be held by the minority. We are a democracy;
and we should never forget that, for in a democracy the rights of the
minority are protected while at the same time advancing the will of the
majority. I hope my Republican colleagues will remember that in the
108th Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
I was inclined early on to believe that my friend, the gentleman from
Texas (Mr. Frost), might be supportive of our package; but I have now
come to the conclusion that he would at best be undecided on our
package, and he has raised a number of questions.
I believe that I should say that we clearly plan to work in the area
of homeland security with my friend, the gentleman from Texas, and
other members of the minority in addressing issues of concern when we
proceed with this very important work. We want to work in a bipartisan
way; and I happen to believe that this package which we have come forth
with will, as I said, increase the accountability and deliberative
nature of the institution. I would hope that we could have both
Democrats and Republicans supporting it.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Stenholm).
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Speaker, I rise in opposition to the rules package
before us today. While it contains several
[[Page H15]]
items which I support, particularly the deeming resolution setting
spending limits for the unfinished appropriation bills, the package
contains two items which tilt the rules in favor of policies which will
more easily send our Nation further into red ink. I would ask the
majority to reconsider both of these proposals.
One of the reforms the majority made with great fanfare as part of
the Contract with America in 1995 was repeal of the Gephardt rule,
which would spin off separate legislation increasing the debt limit
upon passage of the debt resolution without a separate vote or
opportunity for debate on the amendments.
Now that our national debt is growing at a record pace under their
policies, less than 6 months ago the administration asked us to
increase the debt ceiling by $400 billion; Christmas Eve, the
administration is asking us to increase the debt ceiling again to $6.4
trillion.
The majority now, under their rules package, has decided that greater
openness and accountability regarding our national debt perhaps is not
such a good thing after all. I ask Members to reconsider that. Just as
credit card spending limits serve as tools to force families to examine
their household budgets, the statutory debt limit reminds our Nation to
more closely evaluate taxing and spending policies. Reviving the
Gephardt rule will allow Members to avoid taking responsibility for
paying the bills we incur by our votes.
Now, the implementation of dynamic scoring also should raise a red
flag to those who call themselves conservative in this body. Under the
logic of those advocating dynamic scoring, the tax cut we passed last
year should have resulted in greater surpluses than was being projected
last spring. We can disagree about the extent the tax cut contributed
to the return of the deficit, but it is clear that it did not have a
dynamic effect on producing higher surpluses and revenues.
The conservative approach, to me, is to be conservative in budget
projections. If we err on the side of being conservative and cautious,
Congress can easily deal with the problem of having more money than was
projected. But when we err on the side of being too optimistic, we have
a much greater challenge in dealing with fiscal problems such as those
before us now.
We are paying the price today for ignoring the warnings of experts in
the past. We should not ignore the warnings of those that say changing
to dynamic scoring will contribute to further problems of the deficit
and debt of this country.
Vote ``no'' on the rules changes; vote ``yes'' on cutting the
interest taxes on the American people.
{time} 1500
Ms. SLAUGHTER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from Minnesota (Mr. Oberstar).
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Speaker, the proposal to create a new Select
Committee on Homeland Security interestingly does not make any changes
in the legislative jurisdiction of the committees outlined in rule 10
of the rules of the House. For instance, in the Committee on
Transportation and Infrastructure we have handled complex aviation
security issues for 28 years. We have held dozens of hearings,
classified briefings on aviation security. We have monitored security
at U.S. and foreign airports. We have passed landmark legislation like
the Aviation Security Improvement Act of 1990 in response to the
terrorism attack on Pan Am 103, and in the aftermath of the September
11, the Aviation and Transportation Security Act of 2001. We have a
great body of expertise on aviation security issues and the legislation
to improve security.
Now, I am puzzled that a moment ago the Speaker said the ``select
committee will be our eyes and ears of the House. The standing
committees will maintain their jurisdictions and will still have
authorization and oversight responsibilities.''
Now I take that to mean that nothing in the package would deprive the
House of the American people of the expertise of the committee and the
members and staff of the Committee on Transportation and
Infrastructure. But it is not clear, the legislative proposal on the
select committee includes ``matters that relate to the Homeland
Security Act of 2002.''
As I read the proposal, the new committee would not have primary
jurisdiction over legislation involving programs administered by the
Department of Homeland Security. The explanation offered a moment ago
by the distinguished chairman of the Committee on Rules does not
clarify that jurisdictional question.
Now, let me pose an issue. Title 14 of the Homeland Security Act,
entitled Arming Pilots Against Terrorism, establishes a program to
deputize airline pilots as Federal law enforcement officers and enables
them to carry firearms on board a plane. That provision was based upon
a bill developed in our committee which passed the House. The question
is, if a new bill were introduced to repeal that rule, would that bill
be primarily referred to the Committee on Transportation and
Infrastructure or to the Committee on Homeland Security? I would ask
the gentleman that. Would the gentleman respond?
Mr. DREIER. Mr. Speaker, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from California.
Mr. DREIER. Mr. Speaker, let me just say that it is very clear that
the Speaker does have authority to refer legislation, and it is his
intent to ensure that we maintain the jurisdiction of those committees.
And the expertise that the gentleman offered on this very important
issue, and I remember his testimony upstairs in the Committee on Rules
on this, it will be very valuable as this issue is addressed. And it is
quite possible that the gentleman may or a member of his committee may
be a member of the Select Committee on Homeland Security. So I can
assure the gentleman that we are going to do everything possible to
keep the expertise that is out there involved in this process.
Mr. Speaker, I thank my friend for yielding.
Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Speaker, last fall it took weeks for the Members of
the House, the press and the public to figure out who inserted a
special interest provision in the homeland security bill to exempt Eli
Lilly and other manufacturers of thimerosal. We did not know the
provision was in the bill before we voted on it. After it was found we
could not figure out how it got there. Now that is no way to make law.
This is why I am supporting the motion to commit which would mandate
that conference reports are made available to Members at least 24 hours
before a vote. This requirement would not be permitted to be waived.
Members of this body deserve to know what they are voting on. The
practice of sneaking in unrelated provisions in thick conference
reports in the dead of night is unacceptable. The reason it is done is
to cause Members who normally would not support a provision to do so by
burying it in a conference report at the last minute when there is
little chance for it to be found.
The thimerosal exception that was slipped into the Homeland Security
bill is a prime example. The thimerosal exemption was a big Christmas
gift to Eli Lilly and other thimerosal manufacturers. In the last
election cycle is it any surprise that Eli Lilly was one of the top
pharmaceutical contributors, giving $1.6 million? In return, they got a
thimerosal exception that they have been lobbying for all year. Eli
Lilly's first attempt was last spring when it placed the exemption in
the comprehensive bill, but since the bill did not get anywhere in the
Subcommittee on Health, it switched tactics to get the exemption in
Homeland Security.
The exemption effectively shields Eli Lilly from all lawsuits from
claimants injured by thimerosal. One of the concerns being expressed is
that there is a possible link between thimerosal and autism. The
exemption even closed the door on litigation that was ongoing at the
time the legislation was passed. It is time to open the conference
process and stop the back room political maneuvers that lead to secret
provisions. We must stop the abuses of the congressional process. We
must allow Members to know what they are voting on. Support the motion
to commit.
[[Page H16]]
Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Speaker, this rules package is a very
important continuation of the majority's effort to shut down democratic
debate. The ranking minority member spoke about this rule allowing the
chairs of committees to roll votes. Basically what it represents is a
willingness of the Republican Members to roll over, to beg, to sit up
and do whatever their leadership tells them, because what this does is
degrade the possibility of democratic debate in committees.
People not familiar with the jargon probably do not fully understand
what is being proposed. You will go to a committee session, a markup as
we call them, and vote on the legislation, and you will offer an
amendment to try to change things. Under these rules you may very well
not know whether your amendment has won or lost. There will be a debate
on the amendment and the Chair of that committee can then postpone the
voting on that amendment until the end of that session. And what do you
do if you have offered an amendment that might be somewhat
controversial that has a chance to pass? What do you do if you could
have passed the amendment if you have made a slight change? How do you
then decide what to do next? Obviously there is no way you can have a
rational debate in a committee if, having offered an amendment, you
cannot tell whether or not that amendment has passed or not.
So what this does is simply ratify the Republican approach, which is
all power is lodged in whatever leadership is in charge at the
particular moment and the Members are to be excused from the irritation
of having to think about it. When the majority came to power in 1995
they wanted to give it a proxy. They said the problem with proxy voting
is that people vote without listening to the debate. They are not
there. They vote by proxy. So they have now come up with a proposal
that has all of the abuses of proxies and none of the efficiencies. At
least proxies allowed you to determine an issue one at a time.
What will happen is you will go to a committee meeting. Members will
not be there. They will troop in obediently at the end and vote as the
Chair tells them, and it will have destroyed the possibility of debate
earlier because you simply cannot logically legislate if you do not
know what the outcome has been of these amendments.
Now the majority has succeeded in a number of ways in this House,
during my tenure here with their being in control, in shutting down
debate. I have to say that sadly they have had an accomplice in this,
the media. We had wide coverage in the press gallery of our ceremonial
oath taking. Now that we are dealing with extremely controversial
measures that will further the degradation of democracy in the U.S.
House of Representatives, very few people are here to cover it. So I
guess they will once again get away with it. But the consequence will
be very clear. The extent to which there is now rational debate and
openness in the committees will be substantially diminished.
The Republican leadership is apparently willing obediently to vote
for this rules package, although I am told that many of them objected
to parts of it, to give once again their right to make decisions to
their leadership.
Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Kansas (Mr. Moore).
(Mr. MOORE asked and was given permission to revise and extend his
remarks.)
Mr. MOORE. Mr. Speaker, I rise in opposition to the House rules
package the majority is proposing for the 108th Congress.
The majority has turned its back on fiscal responsibility by
attempting to hide large future increases in our national debt by
reinstating the so-called ``Gephardt Rule.'' This rules change will
allow the House to avoid a separate vote on the debt limit, preventing
full and open debate on a policy with long-term consequences to our
Nation's fiscal health.
Last June, Mr. Speaker, we had a full debate as Congress raised the
limit on the debt by $450 billion. I opposed this increase because the
House failed at that time to reevaluate the policies that required us
to increase the statutory limit on debt in the first place. But at
least, at least we had a debate.
An increase in the debt limit should require action by Congress and
the President to put the fiscal house back in order. But now the
majority party is resorting to the tactics that they opposed just last
year. They are attempting to hide votes to increase the national debt
by reviving this rule.
The majority will eagerly support the President's proposal to be
unveiled today which will add more than $600 billion to the debt over
the next 10 years. They should be willing to stand up and be counted
when the time comes to pay the bill by raising the debt limit. The new
proposed rule will allow the majority to avoid taking responsibility
for paying our bills. The majority's rule will impose a new tax, a debt
tax, a tax equal to the interest payments on our $6.2 trillion national
debt, a tax that cannot be repealed.
Mr. Speaker, I urge my colleagues to vote for the motion to recommit
and oppose the rules package that will result in a new debt tax
increase for all Americans.
Ms. SLAUGHTER. Mr. Speaker, may I inquire how much time I have
remaining?
The SPEAKER pro tempore (Mr. LaHood). The gentlewoman from New York
(Ms. Slaughter) has 4\1/2\ minutes remaining.
Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Sherman).
(Mr. SHERMAN asked and was given permission to revise and extend his
remarks.)
Mr. SHERMAN. Mr. Speaker, I thank the gentlewoman for yielding me
time.
Mr. Speaker, I rise to address section 2(J) of these rules providing
for dynamic scoring of tax bills. I thought the Arthur Andersen
accounting firm had been dissolved. Instead it is being moved wholesale
into the Committee on Ways and Means and the Joint Committee on
Taxation.
With dynamic scoring, every tax cut for the wealthy can be scored as
making money for the Treasury. The first President George Bush
described this as voodoo economics, while the advisors unfortunately of
the current President seem nostalgic for supply-side trickle down
economics.
The proof that dynamic scoring makes no sense is that dynamic scoring
is provided in these rules for money spent to improve our economy. So
if we were to spend $100 billion over 10 years improving vocational
education, virtually every economist would agree that that will at
least help our economy, maybe will help our economy to the point where
the tax revenues outweigh the expenditures. And yet there is no
recognition of the fact that spending money on education produces money
eventually for our Treasury.
In contrast, if we were to spend $100 billion over 10 years by giving
tax breaks to the wealthiest Americans, some economists would say the
cost of the Treasury exceeds $100 billion because it will have an
adverse impact on our economy, drive up interest rates, et cetera. And
yet instead we will no doubt get a dynamic score that says tax cuts do
not cost the Treasury any money but spending on education, oh, that
costs.
That is why Alan Greenspan told us that unfortunately the analytical
tools required to achieve dynamic scoring are deficient. Accordingly,
we should be especially cautious about adopting technical scoring
procedures that might be susceptible to overly optimistic assessments.
In summary, the currently relatively straightforward scoring has
served us well. I think Mr. Greenspan is correct.
Ms. SLAUGHTER. Mr. Speaker, I yield 2\1/2\ minutes, the remainder of
my time, to the gentleman from Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Speaker, we are barely 3 hours into
this Congress and the political hedonists of this Congress have struck
their first blow. You know hedonism, if it feels good do it regardless
of the consequences.
Well, that is exactly what those people who have voted repeatedly to
raise the debt limit and to stick our children and our children's
children with our bills have done. Now they want to do it even better.
One of the few things that controlled their urge to run up the bill
and stick our kids with it was at least a law that
[[Page H17]]
said we had to vote to raise the debt limit. Now they want to do away
with that law. They want a rule that says if they pass a budget we do
not have to raise the debt limit.
I would remind them that in the 19 months since the Bush budget
became law, that we have stuck our children and our children's children
with $749,529,498,242 worth of new debt. It did not stimulate the
economy. It stimulated the debt. It is political hedonism. You heard it
here first. You are going to hear it a lot.
Just a little while ago the Speaker of the House said, ``We pledge to
fight those who would endanger our freedom.'' Those of you who would
bankrupt our Nation will destroy our freedom. And, therefore, just as
the Speaker pledged to fight those who would endanger our freedom, I
pledge to fight you tooth and nail on every effort to increase the
national debt and every effort to hide the way that you do it.
{time} 1515
The last time we had to have a vote, it was scheduled for three
o'clock in the morning.
My dad's taught me a lot in life; but generally, one of his best
rules is anything a person does past midnight, they are probably not
very proud of, and I am sure my colleagues were not proud of the fact
that they raised the debt limit. So now my colleagues do not want to
have that vote at all.
Mr. Speaker, I am opposing these rule changes; and I would ask every
Member to do so who believes in accountability, believes in standing up
and talking to the citizens and saying, yes, I did that and this is the
reason why or, no, I did not oppose this rule. If my colleagues have
come here to hide from the truth, if they have come here to stick their
children and their children's children with their bills, then vote for
it.
Mr. DREIER. Mr. Speaker, I yield myself the balance of the time.
Mr. Speaker, we began today with wonderful bipartisan statements that
came from both the gentlewoman from California (Ms. Pelosi), the new
minority leader, and the gentleman from Illinois (Mr. Hastert), the
Speaker, right behind me here in this Chamber; and we want to see that
spirit continue today, and obviously we very much want to have that
spirit continue through this 108th Congress because we have many very
serious challenges that we face as a Nation.
Number one, of course, is our national security and, along with that,
homeland security, the challenges abroad. Right next to that, of
course, is focusing on getting this economy moving, which the President
talked about earlier today in Chicago; and as we look at this opening
day rules package, I am very proud of the fact that it does more to
focus on the very important issue of minority rights than anything that
was done by my friends on the other side of the aisle during their 4
decades of uninterrupted, one-party control of this institution.
If my colleagues look at the reforms that we have maintained we
initiated once we became a majority and frankly built upon, they do, in
fact, increase the accountability and the deliberative nature of this
Congress. We have items that are included in this measure which
guarantee the minority the right to offer a motion to recommit on
legislation.
Mr. Speaker, I had the privilege of serving for 14 years here in the
minority until in 1994 we won the majority. During that period of time,
there were numerous occasions when the then-Republican minority was
denied the chance to even offer a motion to recommit.
Something else that we have done that we are very proud of, Mr.
Speaker, again focusing on minority rights, has been to ensure that
one-third of the funding level for minority staffing on committees is
provided to the minority. Once again, during the 14 years that I was
privileged to serve here in the minority, we saw numerous occasions
when the then-Republican minority was denied the chance to have even a
modicum of investigative staff on certain committees; and the numbers
were very, very heavily skewed against the then-Republican minority. We
are providing a much higher level of funding for the Democratic
minority.
Also, we heard this discussion earlier about the issue of proxy
voting. The issue of proxy voting had to do with committee chairmen
arbitrarily utilizing the proxy of Members who were not even in the
room, in the building, quite possibly they were not even in our
Nation's capital; and yet their votes were being cast on issues that
they may not have even known about. So we chose to bring an end to
proxy voting.
Mr. Speaker, one of the things is that we have learned that we do
have a very narrow majority. It is a little greater than in the 107th
Congress, I am happy to say; but it is still the second narrowest in
recent times, and we do have the challenge of trying to manage and move
very important legislation through this body.
Mr. Speaker, I believe that we have, as a Republican majority,
learned from some of the actions of the Democratic majority; and we
went, as I said, for 4 decades without being in the majority. We served
in the minority. It took us time to learn about the process of
governing. We were not able to do that overnight, and so I will admit
there are some modifications that we have made, and providing the
opportunity for committee chairmen, obviously working, as has been the
case in the 107th Congress and earlier Congresses, with the minority to
roll votes in committee while guaranteeing Members the opportunity to
offer second-degree amendments is something that will again enhance the
ability to move legislation effectively; and we hope, as has been the
case in the past, that much of that will be done in a bipartisan way.
We have established this Department of Homeland Security. We do have
dynamic scoring. I know there was concern raised about that. It is a
very, very small consideration. The Office of Management and Budget,
the Congressional Budget Office will not be engaged in this; but we
will see the Joint Committee on Taxation doing it. Why? Very simply,
because we believe that behavioral patterns should be taken into
consideration when we look at the impact of a tax cut on the flow of
revenues to the Federal Treasury.
Today, I introduced legislation which reduces the top rate on capital
gains from 20 percent down to 10 percent. I introduced it
perspectively, encouraging the American people to once again invest, to
get into the market and to invest. What the bill that I have introduced
basically says is that during a 2-year period, if people invest and
they hold on to that asset for 1 year, they will be able to see a
tremendous cut, a cut of one-half, from 20 percent down to 10 percent
and from 10 percent to 5 percent for those in the 15 percent bracket.
Mr. Speaker, I would argue and I believe that every shred of evidence
over the past and with the scoring procedure that we have put into
place will show that the rich pay more in taxes. Why? Because we have
often a lock-in effect. More than half the American people are members
of the investor class today. People are invested in markets through
401(k)s, individual retirement accounts. They have got some appreciated
assets with real estate homes and all, and we know that the market has
dropped tremendously, but the President's plan is encouraging economic
growth.
We, in the bill that I have just introduced in a bipartisan way, are
encouraging economic growth with that as well; and with economic
growth, Mr. Speaker, we are going to see an increase in the flow of
revenues to the Federal Treasury. That is what the scoring procedure
that we have put into place for the Joint Committee on Taxation will
do. It will simply provide that information, making that information
available.
So we have a very fair, balanced measure here which again increases
the deliberative nature of this institution and does increase the
accountability.
On the issue of the debt limit, every Member will be accountable
because that vote will be cast when we deal with the budget resolution
itself. So we are going to see every Member accountable for their votes
that they cast right here.
We have spectacular leadership from Speaker Hastert. This is a
measure that will allow him to deal with the very serious challenges
that our Nation faces in the 108th Congress.
Mr. DINGELL. Mr. Speaker, I rise in opposition to the House Rules
packages being offered today by the majority. Over the previous
[[Page H18]]
four Congresses, which have been controlled by the Republican party,
the House rules became increasingly hostile to the rights of the
minority. This proposal continues that trend.
Let there be no misunderstanding--when I speak of the rights of the
minority I am speaking of the rights of the 47 percent of all Americans
who are represented by Democratic and Independent Members of Congress.
It is their rights which are being abused when their Member of Congress
is treated unfairly.
For example, the right of all Members, and particularly the minority,
to file its views on legislation reported by a committee, has been
reduced to 2 days. During the 40 years of Democratic control the
minority was always permitted 3 days.
Similarly, committee ratios have been consistently stacked against
the minority. For example, on the Committee on Energy and Commerce,
during Democratic control the majority representation of the committee
was always within two percentage points of its ratio in the House, and
the difference averaged less than one percent. In the past three
Congresses, under Republican control, the difference was more than 3
percent. In short, the Republican majority has robbed the Democratic
minority of seats they deserve in our committee.
In the last Congress, the Republican rules package radically changed
the jurisdiction of the Energy and Commerce Committee by transferring
its jurisdiction over securities and insurance to the Committee on
Financial Services. This change was done without a single hearing at
which Members of the majority or minority were permitted to present
their views, or without a single markup at which minority Members could
vote or suggest alternatives. Now the Republican majority is doing the
same thing with the establishment of a Select Committee on Homeland
Security.
The majority has not only trampled upon the rights of the minority,
but also upon the rights of individual citizens. For example,
Republicans eliminated a longstanding rule of the House that permitted
individuals who were required to appear before a committee under a
subpoena the right to have television cameras turned off. The rule had
permitted all other media to cover the hearing, but the rule gave the
witness the right to some level of fairness.
In this context, I look with interest every year to see what new
rules will be adopted in response to the majority's irritation with the
minority's invocation of its merger remaining rights.
This year there are several interesting changes. Perhaps the most
interesting one is the permission to committees to adopt rules allowing
the chairman to postpone votes on bills and amendments in committee.
When my Republican colleagues took control of the House they complained
that proxy voting permitted Members to cast votes on matters without
attending the debate that accompanied the matter. It now appears that
by permitting votes to be postponed to a time certain, Members will no
longer have to attend committee markups while important amendments are
being debated. Instead, they will merely have to show up at a specified
time to vote. It sounds an awful lot like proxy voting to me.
Another rule change stretches out the length of time before the
minority may offer motions to instruct conferees by requiring a minimum
of 10 legislative days. Again, this rule limits minority rights.
While some rule changes are technical in nature, it appears that the
other substantive amendments are designed to make it easier for my
Republican colleagues to plunge our Nation further into debt. Not
satisfied with throwing away the progress made during the Clinton
administration, which changed annual budget deficits to surpluses, the
Republicans in the last Congress immediately threw the country back
into budget deficits while raiding our Social Security and Medicare
trust funds.
While they seemed to take delight in placing more and more tax cuts
on the Floor during the past Congress, it was a lot more painful for
them to figure out how to pay for them. So this year they are adopting
a host of rules to hide their budget profligacy. No longer will they
require Members to vote on raising the statutory limit on the debt. Now
their vote on the budget resolution will automatically raise the debt
limit.
Moreover, the rules continue the so-called ``deeming'' resolution,
which allows the House to pretend it has adopted a binding budget
resolution when in reality, only one House has acted. The rules would
also require the Ways and Means Committee to include so-called
``dynamic scoring'' on amendments to the tax code. While ``dynamic
scoring'' has no real definition, it is generally understood to mean a
way to pretend that a tax cut increase revenues rather than decreasing
them. We heard all of this same nonsense during the Reagan
administration and talk about the Laffer curve. Ultimately, we saw only
greater deficits.
Mr. Speaker, it is time for my Republican colleagues to stop playing
games with the House rules. We must respect the rights of Democratic
Members of this body, and more importantly, the rights of the 47
percent of Americans who they represent. We must stop using the House
rules to make it easier to plunge the Nation into debt, while hiding
raids on the Social Security and Medicare trust funds. The Republicans'
procedural thumb on the scale demeans this institution and reduces its
credibility.
Mr. OXLEY. Mr. Speaker, I rise today in strong support of H. Res. 5,
the resolution providing for the rules for the House for the 108th
Congress. This is an important package, with important reforms, for
both the House and its committees.
In particular, I am pleased to see that the House is prepared to
accept my proposal that committees be permitted postpone some votes
during markups. As I explained in my testimony submitted to the Rules
Committee, one of the biggest obstacles I faced during my first term as
Chairman of the Financial Services committee was the limited House
schedule, combined with multiple demands for Committee members' time.
When the House is in session for 2\1/2\ or 3 days a week, and members
routinely have 2 and 3 committee assignments, we are faced with a
situation where it is next to impossible for authorizing committees to
do their work. When the committees are unable to complete their work,
it's hard to keep the floor in session. It is a vicious cycle, and we
need new tools to address it.
That is why I suggested that the House change rule XI of the Rules of
the House to permit committee chairmen to exercise authority similar to
that of the Speaker in the House or the Chairman of the Committee of
the Whole to postpone ordered record votes to permit the ``stacking''
of multiple votes. This is a practice we are all used to when we vote
in the House or the Committee of the Whole, and one that can be easily
applied to committee practice.
It is important to note that nothing in this rules change will alter
committee quorum requirements, or curtail other parliamentary options
available to the Minority. Ultimately, this tool will be one of
bipartisan convenience, rather than a tool to be used by the Majority
to impose its will on the Minority.
I am pleased to see that this proposal is included in the rules
package before the House today. I especially want to thank the Majority
Leader, Mr. DeLay, the speaker, and the Chairman of the Rules
Committee, the gentleman from California, Mr. Dreier, for their support
of this change.
I believe this is an important provision in an excellent rules
package, and I encourage all of my colleagues to support it.
Mr. DREIER. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
Motion to Commit Offered by Ms. Slaughter
Ms. SLAUGHTER. Mr. Speaker, I offer a motion to commit.
The SPEAKER pro tempore (Mr. LaHood). The Clerk will report the
motion.
The Clerk read as follows:
Ms. Slaughter moves to commit the resolution H. Res. 5 to
the Committee on Rules with instructions to report the same
back to the House forthwith with the following amendments:
Amend section 2 of the resolution (relating to changes in
standing rules) by striking amendments to the Rules of the
House of Representatives relating to--
(1) postponement of votes in committee;
(2) requirement of dynamic scoring in Ways and Means
reports;
(3) motions to instruct during conference;
(4) perishable food as a gift; and
(5) gift ban exemption for charity travel; and
(6) fiduciary relationship for physicians.
Further amend section 2 of the resolution by adding at the
end the following new subsection:
(v) Committee ratios.--Clause 5(a)(1) of rule X of the
Rules of the House of Representatives is amended by adding at
the end the following new sentence: ``The membership of each
committee (and each subcommittee or other subunit thereof)
shall reflect the ratio of majority to minority party members
of the House at the beginning of the Congress. This
requirement shall not apply to the Committee on Rules and the
Committee on Standards of Official Conduct.''.
Amend section 3 of the resolution by striking subsection
(a)(4) and subsection (d).
Amend the resolution by adding at the end the following new
section:
SEC. 5. SENSE OF THE HOUSE.
It is the sense of the House of Representatives that it
considers protection of the rights of the minority party to
be able to fully participate in the legislative process to be
of paramount importance and to that end, the Republican
leadership of the House should:
(1) Pursuant to clause 8(a)(1) of rule XXII of the Rules of
the House of Representatives, ensure that conference reports
be available to Members at least three calendar days prior to
consideration, and that in no case shall they be brought up
for consideration without 24 hours availability.
[[Page H19]]
(2) Seek to reduce the number of waivers of the Rules of
the House of Representatives contained in special order of
business resolutions reported by the Committee on Rules.
(3) Seek to reduce the number of bills considered by
suspension of the rules, especially those bills which are of
major legislative importance as well as any bill that may
make or authorize appropriations in excess of $100,000,000
for any fiscal year.
(4) Seek to ensure that more alternatives or substitutes to
legislation be allowed in any special order of business
resolution reported by the Committee on Rules in order to
ensure that differing viewpoints may be debated on the House
floor which will open the democratic process in the House of
Representatives.
(5) Seek to ensure that the Committee on Rules reports more
open rules so that Members of the Democratic Caucus may offer
amendments to committee bills, or in those cases where
structured rules are reported, that more Democratic
amendments presenting significant policy ideas and
initiatives be included in those amendments made eligible for
consideration by the rule.
The SPEAKER pro tempore. Without objection, the motion is considered
as one to commit the resolution to a select committee composed of the
majority leader and the minority leader.
There was no objection.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to commit.
There was no objection.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair would like to announce that any
Member-elect who failed to take the Oath of Office may present himself
or herself in the well of the House prior to the vote on the motion to
commit the resolution now pending or on any other rollcall vote.
The question is on the motion to commit offered by the gentlewoman
from New York (Ms. Slaughter).
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 200,
nays 225, not voting 8, as follows:
[Roll No. 3]
YEAS--200
Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Case
Clay
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Hall
Harman
Hastings (FL)
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--225
Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Combest
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCotter
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--8
Carson (OK)
Clyburn
Janklow
Kennedy (RI)
Lynch
Meek (FL)
Pickering
Waters
{time} 1553
Messrs. EVERETT, CASTLE, JONES of North Carolina, GARRETT of New
Jersey, LEWIS of California, NORWOOD, PITTS, SMITH of Texas, and HUNTER
changed their vote from ``yea'' to ``nay.''
Messrs. LARSON of Connecticut, McDERMOTT, CARDOZA, PETERSON of
Minnesota, Ms. CORRINE BROWN of Florida, Mr. OWENS, Mr. STARK, Ms.
LINDA T. SANCHEZ of California, Mr. RAHALL and Mr. CONYERS changed
their vote from ``nay'' to ``yea.''
So the motion to commit was rejected.
The result of the vote was announced as above recorded.
Stated against:
Ms. BROWN-WAITE. Mr. Speaker, on rollcall No. 3, I inadvertently
pressed the ``aye'' button. I meant to vote ``nay.''
The SPEAKER pro tempore (Mr. LaHood). The question is on the
resolution.
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 vote was taken by electronic device, and there were--yeas 221,
nays 203, not voting 9, as follows:
[Roll No. 4]
YEAS--221
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Combest
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
[[Page H20]]
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCotter
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NAYS--203
Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Berkley
Berman
Berry
Bishop (GA)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Clay
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Hall
Harman
Hastings (FL)
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--9
Aderholt
Bishop (NY)
Clyburn
Cox
Deal (GA)
Janklow
Jenkins
Johnson (CT)
King (IA)
{time} 1611
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. KING of Iowa. Mr. Speaker on rollcall No. 4, my voting card did
not function properly. Had it worked properly, I would have voted
``yea.''
Stated against:
Mr. BISHOP of New York. Mr. Speaker, on rollcall No. 4, I was
unavoidably detained and I would have voted ``no'' on H. Res. 5.
____________________