[Congressional Record (Bound Edition), Volume 147 (2001), Part 1]
[House]
[Pages 24-37]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           RULES OF THE HOUSE

  Mr. ARMEY. Mr. Speaker, by direction of the House Republican 
Conference, I call up 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 Sixth Congress, including applicable 
     provisions of law or concurrent resolution that constituted 
     rules of the House at the end of the One Hundred Sixth 
     Congress, are adopted as the Rules of the House of 
     Representatives of the One Hundred Seventh Congress, with 
     amendments to the standing rules as provided in section 2, 
     and with other orders as provided in section 3.

     SEC. 2. CHANGES IN STANDING RULES.

       (a) Publication of Documents.--

[[Page 25]]

       (1) In clause 2(b) of rule II, strike ``printed and''.
       (2) In clause 2(c)(3) of rule II, strike ``printing and''.
       (3) In clause 2(c)(4) of rule II, strike ``printed''.
       (4) In clause 2(e) of rule II, strike ``printed and''.
       (5) In clause 2(f)(2) of rule II strike ``or mail''.
       (6) In clause 2(f)(2) of rule II strike ``, in binding of 
     good quality,''.
       (b) Preparation of Enrolled Bills.--
       (1) In clause 2(d) of rule II, designate the existing text 
     as subparagraph (1) and insert thereafter the following new 
     subparagraph:
       ``(2) The Clerk shall examine all bills, amendments, and 
     joint resolutions after passage by the House and, in 
     cooperation with the Senate, examine all bills and joint 
     resolutions that have passed both Houses to see that they are 
     correctly enrolled and forthwith present those bills and 
     joint resolutions that originated in the House to the 
     President in person after their signature by the Speaker and 
     the President of the Senate, and report to the House the fact 
     and date of their presentment.''.
       (2) In clause 4(d)(1) of rule X, strike subdivision (A), 
     redesignate the succeeding subdivisions accordingly (and 
     conform the subdivision-reference in subdivision (C), as 
     redesignated).
       (c) Responding to Subpoenas.--In rule VIII, strike 
     ``subpoena or other judicial order'' in each of the nine 
     places it appears and insert in lieu thereof (in each 
     instance) ``judicial or administrative subpoena or judicial 
     order''.
       (d) Renaming of Committee on Commerce; Establishment of 
     Committee on Financial Services.--In clause 1 of rule X--
       (1) strike paragraph (d);
       (2) redesignate paragraph (e) as paragraph (d);
       (3) redesignate paragraph (g) as paragraph (e) and transfer 
     that paragraph before paragraph (f);
       (4) in paragraph (f)--
       (A) strike ``Commerce'' and insert in lieu thereof ``Energy 
     and Commerce'' (and conform the reference in clause 3(c) of 
     rule X); and
       (B) strike subparagraph (15) and redesignate the succeeding 
     subparagraph accordingly; and
       (5) insert the following new paragraph after paragraph (f):
       ``(g) Committee on Financial Services.
       ``(1) Banks and banking, including deposit insurance and 
     Federal monetary policy.
       ``(2) Economic stabilization, defense production, 
     renegotiation, and control of the price of commodities, 
     rents, and services.
       ``(3) Financial aid to commerce and industry (other than 
     transportation).
       ``(4) Insurance generally.
       ``(5) International finance.
       ``(6) International financial and monetary organizations.
       ``(7) Money and credit, including currency and the issuance 
     of notes and redemption thereof; gold and silver, including 
     the coinage thereof; valuation and revaluation of the dollar.
       ``(8) Public and private housing.
       ``(9) Securities and exchanges.
       ``(10) Urban development.''.
       (e) Enhanced Oversight Planning.--In clause 2(d)(1) of rule 
     X, insert after subdivision (A) the following new subdivision 
     (and redesignate the succeeding subdivisions accordingly):
       ``(B) review specific problems with federal rules, 
     regulations, statutes, and court decisions that are 
     ambiguous, arbitrary, or nonsensical, or that impose severe 
     financial burdens on individuals;''.
       (f) Intelligence Oversight.--In clause 3 of rule X, add the 
     following new paragraph at the end:
       ``(l) The Permanent Select Committee on Intelligence shall 
     review and study on a continuing basis laws, programs, and 
     activities of the intelligence community and shall review and 
     study on an exclusive basis the sources and methods of 
     entities described in clause 11(b)(1)(A).''.
       (g) Oversight of Officers.--
       (1) In clause 4(d)(1) of rule X, amend subdivision (A) (as 
     redesignated) to read as follows:
       ``(A) provide policy direction for the Inspector General 
     and oversight of the Clerk, Sergeant-at-Arms, Chief 
     Administrative Officer, and Inspector General;''.
       (2) In clause 4(a) of rule II strike ``policy direction 
     and''.
       (h) Size of Intelligence Committee.--In the second sentence 
     of clause 11(a)(1) of rule X--
       (1) strike ``not more than 16'' and insert in lieu thereof 
     ``not more than 18''; and
       (2) strike ``not more than nine'' and insert in lieu 
     thereof ``not more than 10''.
       (i) Preserving Majority Quorum Requirements.--In clause 
     2(h)(3) of rule XI, strike ``the reporting of a measure or 
     recommendation'' and insert in lieu thereof ``one for which 
     the presence of a majority of the committee is otherwise 
     required''.
       (j) Clarification of Hearing Procedures.--In clause 2(k) of 
     rule XI--
       (1) in the caption, strike ``investigative'';
       (2) in subparagraph (1)--
       (A) strike ``an investigative hearing'' and insert in lieu 
     thereof ``a hearing''; and
       (B) strike ``investigation'' and insert in lieu thereof 
     ``hearing'';
       (3) in subparagraph (2), strike ``to each witness'' and 
     insert in lieu thereof ``to each witness on request'';
       (4) in subparagraph (3) strike ``investigative''; and
       (5) in subparagraph (5)--
       (A) strike ``an investigative hearing'' and insert in lieu 
     thereof ``a hearing'';
       (B) strike ``asserted'' and insert in lieu thereof 
     ``asserted by a member of the committee''; and
       (C) strike ``any person'' and insert in lieu thereof ``any 
     person, or it is asserted by a witness that the evidence or 
     testimony that the witness would give at a hearing may tend 
     to defame, degrade, or incriminate the witness''.
       (k) Certain Supplemental Reports Without Additional 
     Layover.--In clause 3(a)(2) of rule XIII, add the following 
     new sentence at the end: ``A supplemental report only 
     correcting errors in the depiction of record votes under 
     paragraph (b) may be filed under this subparagraph and shall 
     not be subject to the requirement in clause 4 concerning the 
     availability of reports.''.
       (l) Performance Goals and Objectives.--
       (1) In clause 3(c) of rule XIII, amend subparagraph (4) to 
     read as follows:
       ``(4) A statement of general performance goals and 
     objectives, including outcome-related goals and objectives, 
     for which the measure authorizes funding.''.
       (2) In clause 4(c)(2) of rule X, strike ``matter involved'' 
     and all that follows and insert in lieu thereof ``matter 
     involved.''.
       (m) Report Detail on Unauthorized Appropriations.--In 
     clause 3(f)(1) of rule XIII, amend subdivision (B) to read as 
     follows:
       ``(B) a list of all appropriations contained in the bill 
     for expenditures not currently authorized by law for the 
     period concerned (excepting classified intelligence or 
     national security programs, projects, or activities), along 
     with a statement of the last year for which such expenditures 
     were authorized, the level of expenditures authorized for 
     that year, the actual level of expenditures for that year, 
     and the level of appropriations in the bill for such 
     expenditures.''.
       (n) Corrections Calendar.--
       (1) In clause 4(a)(2) of rule XIII, insert after 
     subdivision (B) the following new subdivision (and 
     redesignate the succeeding subdivisions accordingly):
       ``(C) a bill called from the Corrections Calendar under 
     clause 6 of rule XV;''.
       (2) In clause 6(a) of rule XV, strike ``that has been on 
     the Corrections Calendar for three legislative days'' and 
     insert in lieu thereof ``that is printed on the Corrections 
     Calendar''.
       (o) Objections to Exhibits.--In clause 6 of rule XVII, 
     strike ``its use shall be decided without debate by a vote of 
     the House'' and insert in lieu thereof ``the Chair, in his 
     discretion, may submit the question of its use to the House 
     without debate''.
       (p) Postponing Requests for Recorded Votes on Amendments in 
     Committee of Whole.--In clause 6 of rule XVIII, add the 
     following new paragraph at the end:
       ``(g) The Chairman may postpone a request for a recorded 
     vote on any amendment. The Chairman may resume proceedings on 
     a postponed request at any time. The Chairman may reduce to 
     five minutes the minimum time for electronic voting on any 
     postponed question that follows another electronic vote 
     without intervening business, provided that the minimum time 
     for electronic voting on the first in any series of questions 
     shall be 15 minutes.''.
       (q) Naming of Public Works.--In rule XXI, add the following 
     new clause at the end:
       ``Designations of public works''
       ``6. It shall not be in order to consider a bill, joint 
     resolution, amendment, or conference report that provides for 
     the designation or redesignation of a public work in honor of 
     an individual then serving as a Member, Delegate, Resident 
     Commissioner, or Senator.''.
       (r) Motions Instructing Conferees.--
       (1) In clause 7 of rule XXII, in subparagraph (c)(1), 
     strike ``first legislative''.
       (2) In clause 7 of rule XXII, in subparagraph (c)(1)--
       (A) strike the dash after ``privileged'';
       (B) strike the designations of subdivisions (A) and (B); 
     and
       (C) strike ``; and'' and insert in lieu thereof ``, but 
     only''.
       (3) In clause 7 of rule XXII, redesignate paragraph (d) as 
     paragraph (e) and insert the following new paragraph after 
     paragraph (c):
       ``(d) Instructions to conferees in a motion to instruct or 
     in a motion to recommit to conference may not include 
     argument.''.
       (s) Repeal of Automatic Public-Debt Measure.--
       (1) Strike rule XXIII and redesignate the succeeding rules 
     accordingly.
       (2) In clause 4(f)(2) of rule X, strike ``budget'' and all 
     that follows and insert in lieu thereof ``budget.''.
       (3) In clause 9(b)(2) of rule X, strike ``rule XXIV'' and 
     insert in lieu thereof ``rule XXIII''.
       (4) In clause 3(a)(5) of rule XI, strike ``rule XXIV'' and 
     insert in lieu thereof ``rule XXIII''.
       (5) In clause 4 of rule XXIII (as redesignated), strike 
     ``rule XXVI'' and insert in lieu thereof ``rule XXV''.

[[Page 26]]

       (6) In clause 5 of rule XXIII (as redesignated), strike 
     ``rule XXVI'' and insert in lieu thereof ``rule XXV''.
       (7) In clause 12(a) of rule XXIII (as redesignated), strike 
     ``rule XXVII'' and insert in lieu thereof ``rule XXVI''.
       (t) Prohibition on Paid Employment of Spouse.--In clause 8 
     of rule XXIII (as redesignated), add the following new 
     paragraph at the end:
       ``(c)(1) Except as specified in subparagraph (2)--
       ``(A) a Member, Delegate, or Resident Commissioner may not 
     retain his spouse in a paid position; and
       ``(B) an employee of the House may not accept compensation 
     for work for a committee on which his spouse serves as a 
     member.
       ``(2) Subparagraph (1) shall not apply in the case of a 
     spouse whose pertinent employment predates the One Hundred 
     Seventh Congress.''.
       (u) Oaths Concerning Classified Information.--In clause 13 
     of rule XXIII (as redesignated), add the following new 
     sentence at the end: ``The Clerk shall make signatures a 
     matter of public record, causing the names of each Member, 
     Delegate, or Resident Commissioner who has signed the oath 
     during a week (if any) to be published in a portion of the 
     Congressional Record designated for that purpose on the last 
     legislative day of the week and making cumulative lists of 
     such names available each day for public inspection in an 
     appropriate office of the House.''.
       (v) Activities of Consultants.--In clause 14(b) of rule 
     XXIII (as redesignated), add the following new sentences at 
     the end: ``An individual whose services are compensated by 
     the House pursuant to a consultant contract may not lobby the 
     contracting committee or the members or staff of the 
     contracting committee on any matter. Such an individual may 
     lobby other Members, Delegates, or the Resident Commissioner 
     or staff of the House on matters outside the jurisdiction of 
     the contracting committee.''.
       (w) Clarification of Terms in Gift Rule.--
       (1) In clause 4(a)(1) of rule XXV (as redesignated), strike 
     ``; and'' and insert in lieu thereof a period.
       (2) In clause 4(a)(2) if rule XXV (as redesignated), strike 
     ``(2) when'' and insert in lieu thereof ``(2)(A) When''.
       (3) After clause 4(a)(2)(A) of rule XXV (as redesignated), 
     insert the following new subdivision:
       ``(B) When used in clause 5 of this rule, the terms 
     `officer' and `employee' have the same meanings as in rule 
     XXIII.''.
       (4) In clause 5(e)(1) of rule XXV (as redesignated), strike 
     ``and'' after subparagraph (1).
       (5) At the end of clause 5(e)(2) of rule XXV (as 
     redesignated), strike the period and insert in lieu thereof 
     ``; and''.
       (6) After clause 5(e)(2) of rule XXV (as redesignated), 
     insert the following new subparagraph:
       ``(3) the terms `officer' and `employee' have the same 
     meanings as in rule XXIII.''.
       (x) Technical Corrections in Recodification.--
       (1) In clause 3(a) of rule VII, strike ``paragraph (b), 
     clause 4,'' and insert in lieu thereof ``clause 4(b)''.
       (2) In clause 5(a) of rule VII, strike ``clause 9'' and 
     insert in lieu thereof ``clause 11''.
       (3) In clause 7(b) of rule X, strike ``under this 
     paragraph''.
       (4) In clause 7(d) of rule X, strike ``this paragraph'' and 
     insert in lieu thereof ``this clause''.
       (5) In clause 7(e) of rule X, strike ``this paragraph'' and 
     insert in lieu thereof ``this clause''.
       (6) In clause 7(f)(1) of rule X, strike ``this paragraph'' 
     and insert in lieu thereof ``this clause''.
       (7) In clause 7(f)(2) of rule X, strike ``this paragraph'' 
     and insert in lieu thereof ``this clause''.
       (8) In clause 9(g) of rule X, strike ``paragraph (a) of 
     clause 6'' and insert in lieu thereof ``clause 6(a)''.
       (9) In clause 11(d)(1) of rule X, strike ``clauses 6(a), 
     (b), and (c) and 8(a), (b), and (c) of this rule'' and insert 
     in lieu thereof ``clauses 8(a), (b), and (c) and 9(a), (b), 
     and (c) of this rule''.
       (10) In clause 2(m)(1) of rule XI, strike ``subparagraph 
     (2)(A)'' and insert in lieu thereof ``subparagraph (3)(A)''.
       (11) In clause 7(a) of rule XII, strike ``All other bills'' 
     and insert in lieu thereof ``Bills''.
       (12) In clause 1 of rule XIV, strike ``clause 9(a)'' and 
     insert in lieu thereof ``clause 8''.
       (13) In clause 3 of rule XIV, strike ``clause 9'' and 
     insert in lieu thereof ``clause 8''.
       (14) In clause 2(c) of rule XV, strike ``printed with the 
     signatures'' and insert in lieu thereof ``published with the 
     signatures''.
       (15) In clause 8(c) of rule XVIII, strike ``this rule'' and 
     insert in lieu thereof ``this clause''.
       (16) In clause 8(b) of rule XXIII (as redesignated), strike 
     ``clause 7'' and insert in lieu thereof ``clause 9'' in both 
     places where it appears.

     SEC. 3. SEPARATE ORDERS.

       (a) Standards Committee Rules.--For the One Hundred Seventh 
     Congress, each provision of House Resolution 168 of the One 
     Hundred Fifth Congress that was not executed as a change in 
     the standing rules is hereby reaffirmed (except that, 
     notwithstanding section 13 of that resolution, the chairman 
     and ranking minority member of the Committee on Standards of 
     Official Conduct 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).
       (b) Budget Enforcement.--
       (1) During the One Hundred Seventh 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 Seventh 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 Seventh 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.
       (c) Certain Subcommittees.--Notwithstanding clause 5(d) of 
     rule X, during the One Hundred Seventh Congress--
       (1) the Committee on Government Reform may have not more 
     than eight 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.
       (d) Numbering of Bills.--In the One Hundred Seventh 
     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.

  Mr. ARMEY (during the reading). Mr. Speaker, I ask unanimous consent 
that the resolution be considered as read and printed in the Record.
  The SPEAKER. Is there objection to the request of the gentleman from 
Texas?
  There was no objection.
  The SPEAKER. The gentleman from Texas (Mr. Armey) is recognized for 1 
hour.
  Mr. ARMEY. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from Missouri (Mr. Gephardt), or 
his designee, pending which I yield myself such time as I may consume. 
During consideration of the resolution, all time yielded is for debate 
purposes only.
  Mr. Speaker, I ask unanimous consent that the time allocated to me be 
controlled by the gentleman from California (Mr. Dreier).
  The SPEAKER pro tempore (Mr. LaHood). Is there objection to the 
request of the gentleman from Texas?
  There was no objection.
  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, first of all I would like to extend congratulations, a 
happy new year, and my appreciation to the majority leader for his fine 
leadership.
  Mr. Speaker, the comprehensive changes we are proposing in H. Res. 5 
seek to build on the successful institutional reform accomplishments of 
the past 6 years, which have helped to make the House more accountable 
and have strengthened our ability to govern effectively and 
responsibly.
  As you will recall, Mr. Speaker, we streamlined the committee system, 
made Congress compliant with anti-discrimination and workplace safety 
laws, established term limits for committee chairmen, completely 
abolished proxy voting, opened committee meetings to the public and 
press, modernized the rules of the House to make them more 
understandable, and consolidated the number of standing rules from 51 
to 28, soon to be 27 if H. Res. 5 is adopted.
  Also, thanks to the leadership of our colleagues, the gentleman from 
California (Mr. Thomas) and the gentleman from Michigan (Mr. Ehlers), 
our 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

[[Page 27]]

positive rules changes we are proposing to the standing rules of the 
House, and those are contained in section 1 of the resolution.
  In an effort to reduce printing costs and provide for the more timely 
distribution of them, section 2(a) of the resolution amends clause 2 of 
rule II to encourage the electronic publication and distribution of 
executive branch reports and House Journals and Calendars, while still 
allowing Members to receive printed copies of these documents.
  In what is obviously one of our most significant changes, Mr. 
Speaker, section 2(d) of the resolution establishes a new Committee on 
Financial Services, which will have jurisdiction over the following 
matters:
  (1) banks and banking, including deposit insurance and Federal 
monetary policy;
  (2) economic stabilization, defense production, renegotiation, and 
control of the price of commodities, rents, and services;
  (3) financial aid to commerce and industry (other than 
transportation);
  (4) insurance generally;
  (5) international finance;
  (6) international financial and monetary organizations;
  (7) money and credit, including currency and the issuance of notes 
and redemption thereof; gold and silver, including the coinage thereof; 
valuation and revaluation of the dollar;
  (8) public and private housing;
  (9) securities and exchanges; and
  (10) urban development.
  Mr. Speaker, jurisdiction over matters relating to securities and 
exchanges is transferred in its entirety from the Committee on 
Commerce, which will be redesignated under this rules change to the 
Committee on Energy and Commerce, and it will be transferred from the 
new Committee on Energy and Commerce to this new Committee on Financial 
Services. This transfer is not intended to convey to the Committee on 
Financial Services jurisdiction currently in the Committee on 
Agriculture regarding commodity exchanges.
  Furthermore, this change is not intended to convey to the Committee 
on Financial Services jurisdiction over matters relating to regulation 
and SEC oversight of multi-state public utility holding companies and 
their subsidiaries, which remain essentially matters of energy policy.
  Mr. Speaker, as a result of the transfer of jurisdiction over matters 
relating to securities and exchanges, redundant jurisdiction over 
matters relating to bank capital markets activities generally and 
depository institutions securities activities, which were formerly 
matters in the jurisdiction of the Committee on Banking and Financial 
Services, have been removed from clause 1 of rule X.
  Matters relating to insurance generally, formerly within the 
jurisdiction of the redesignated Committee on Energy and Commerce, are 
transferred to the jurisdiction of the Committee on Financial Services.
  The transfer of any jurisdiction to the Committee on Financial 
Services is not intended to limit the Committee on Energy and 
Commerce's jurisdiction over consumer affairs and consumer protection 
matters.
  Likewise, existing health insurance jurisdiction is not transferred 
as a result of this change.
  Furthermore, the existing jurisdictions of other committees with 
respect to matters relating to crop insurance, Workers' Compensation, 
insurance anti-trust matters, disaster insurance, veterans' life and 
health insurance, and national social security are not affected by this 
change.
  Finally, Mr. Speaker, the changes and legislative history involving 
the Committee on Financial Services and the Committee on Energy and 
Commerce do not preclude a future memorandum of understanding between 
the chairmen of these respective committees.
  The reasons for establishing a new Committee on Financial Services 
are compelling. It reflects the coordinated and comprehensive approach 
to financial services that is emerging in the wake of the Gramm-Leach-
Bliley Act. It demonstrates and communicates a level of understanding 
that will increase market confidence in our ability to comprehend the 
increasingly integrated nature of the financial services market.
  It will strengthen congressional oversight of financial regulators 
and enterprises and will put the House of Representatives in a better 
position to address the marketplace inequities caused by the Federal 
Government's slow response to change.
  Now, Mr. Speaker, there are a number of other significant positive 
changes included in H. Res. 5. To enhance oversight planning, section 
2(e) of the resolution amends clause 2(d)(1) of rule X to require 
committees to consider bills that will make candidates for the 
Corrections Calendar procedure in their initial legislative and 
oversight planning process.
  Section 2(g) amends clause 4(d)(1) of rule X and clause 4(a) of rule 
II to clarify that the Committee on House Administration provides 
policy direction only for the Inspector General and not other officers 
of the House. We have professional officers, and we want to give them 
more authority over their operations.
  In a further attempt to improve policy and programmatic oversight, 
section 2(1) amends clause 3(c) of rule XIII clause 4(c) of rule X to 
repeal the requirement that committee reports include a summary of 
oversight findings and recommendations by the Committee on Government 
Reform, if timely submitted.
  That requirement is replaced with a new requirement that committee 
reports include a statement of general performance goals and 
objectives, including outcome-related goals and objectives, for which 
the measure authorizes funding.
  The purpose of this change is to strengthen the existing procedures 
and rules governing committee reports to ensure the development of more 
clearly defined performance goals and objectives, including outcome-
related goals and objectives for the programs, and to the extent 
possible, projects or activities authorized under the act.
  Consistent with this intent, the statements should be similar to the 
performance goals model established in the Government Performance and 
Results Act. More specifically, when applicable, all performance goal 
statements should: (1) describe goals in an objective, quantifiable, 
and measurable form; (2) describe the resources required to meet the 
goals; (3) establish performance indicators to measure outputs or 
outcomes; and (4) provide a basis for comparing actual program results 
with performance goals.
  As a result of the expanded reporting requirements in section 2(m) of 
the resolution, the amount and usefulness of information available to 
Members regarding unauthorized appropriations will be expanded. The 
amendment to clause 3(f)(1) of rule XIII would apply to all 
unauthorized appropriations with the exception of programs, projects, 
or activities that are classified for the purpose of protecting 
national security.
  Section 2(r) amends clause 7 of rule XXII to prohibit the use of 
argument in the form of a motion to instruct conferees or a motion to 
recommit a conference report. These motions are instructive motions, 
not debating motions. Motions to instruct are debatable once they are 
pending before the House, but not while they are being offered. Motions 
to recommit with instructions are debatable during the hour allotted on 
the conference report.
  House Rule XXIII regarding the statutory limit on the public debt 
will be replaced by section 2(s) of the resolution, and the total 
number of House rules will drop from 28 to 27. This will restore 
accountability to the budget process by having an up or down vote on 
any statutory increase in the public debt.
  Section 2(u) of the resolution requires the Clerk of the House to 
release information concerning Members' executions of the oath 
regarding classified information. Right now there is no way to find out 
who has or has not signed the secrecy oath.
  For the most part, the remaining provisions of the section are 
technical, conforming, or clarifying in nature.

[[Page 28]]

  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.
  For example, on September 18, 1997, the House adopted the 
recommendations of a 12-member bipartisan task force on ethics reform 
with certain amendments, which included not only changes to the 
standing rules of the House but also freestanding directives to the 
Committee on Standards of Official Conduct.
  Those freestanding directives 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.
  In order to have force and effect in the 107th Congress, the 
freestanding provisions of H. Res. 168 are being carried forward by 
section 3(a) of the resolution.
  However, notwithstanding section 13 of H. Res. 168, the chairman and 
ranking minority member of the Committee on Standards of Official 
Conduct 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.
  Section 3(c) of the resolution provides a limited number of 
exemptions to clause 5(d) of rule X regarding the limitation on the 
number of subcommittees a committee may establish.
  On November 13, 1997, the House approved H. Res. 326, which provided 
an exception for the Committee on Government Reform to temporarily 
establish an eighth subcommittee for the remainder of the 105th 
Congress.
  H. Res. 5 in the 106th Congress allowed the Committee to again 
establish an eighth subcommittee to accommodate the need for extensive 
oversight over the census.

                              {time}  1445

  Section 2(c) of this resolution grants the Committee on Government 
Reform another waiver of clause 5(d) of rule X to permit an eighth 
subcommittee for the duration of the 107th Congress.
  In addition, section 2(c) allows the Committee on Transportation and 
Infrastructure and the Committee on International Relations to 
establish six subcommittees notwithstanding the requirement of clause 
5(d)(2) of rule X that a committee may have a sixth subcommittee if it 
maintains a subcommittee on oversight.
  At this point, Mr. Speaker, I would like to include for the Record a 
more detailed section-by-section summary, although I doubt that that is 
possible, of H. Res. 5 as well as other relevant material.

 Section-by-Section Summary of H. Res. 5--Adopting House Rules for the 
                             107th Congress


                       section 1. resolved clause

       The rules of the House of Representatives for the 106th 
     Congress are adopted as the rules of the House of the 107th 
     Congress with amendments as provided in section 2, and with 
     other orders provided in section 3.


                  section 2. changes in standing rules

       (a) Publication of Documents. The rules regarding the 
     responsibilities of the Clerk of the House with respect to 
     the printing or methods of distributing executive branch 
     reports, the House Journal and calendars of the House are 
     modified generically to encompass alternative forms of 
     publication and distribution. [Rule II, clause 2]
       (b) Preparation of Enrolled Bills. The responsibility for 
     examining all bills, amendments and joint resolutions after 
     passage by the House, and for examining all bills and joint 
     resolutions that have passed both Houses of Congress to see 
     that they are correctly enrolled and presented to the 
     President will be transferred from the Committee on House 
     Administration to the Clerk of the House. [Rule II, clause 
     2(d); Rule X, clause 4(d)(1)]
       (c) Responding to Subpoenas. The rules addressing responses 
     to the legal process are clarified to reflect the current 
     interpretation that such rules apply to both judicial orders 
     and administrative subpoenas. [Rule VIII]
       (d-1) Establishment of Committee on Financial Services. The 
     Committee on Banking and Financial Services is abolished and 
     a new Committee on Financial Services is established 
     consisting of the jurisdiction of the old Committee on 
     Banking and Financial Services, and jurisdiction over 
     securities and exchanges and insurance generally (which is 
     transferred from the Committee on Commerce). [Rule X, clause 
     1]
       (d-2) Renaming of Committee on Commerce. The Committee on 
     Commerce is redesignated as the Committee on Energy and 
     Commerce. [Rule X, clause 1]
       (e) Enhanced Oversight Planning. Committees are required to 
     include in the oversight plans they adopt at the beginning of 
     each Congress a review of specific problems with federal 
     rules, regulations, statutes, and court decisions that are 
     ambiguous, arbitrary, or nonsensical, or impose a severe 
     financial burden on individuals. This review would be the 
     basis for the consideration of bills that may be candidates 
     for the Corrections Calendar procedure. [Rule X, clause 
     2(d)(1)]
       (f) Intelligence Oversight. The Permanent Select Committee 
     on Intelligence is to have exclusive oversight responsibility 
     over the sources and methods of the core intelligence 
     agencies. [Rule X, clause 3]
       (g) Oversight of Officers. The Committee on House 
     Administration will provide policy direction only for the 
     Inspector General and not for other officers of the House. 
     The Committee will retain all oversight responsibilities over 
     the Clerk, Sergeant-at-Arms, and Chief Administrative 
     Officer. [Rule X, clause 4(d)(1)(b); rule II, clause 4(a)]
       (h) Size of Intelligence Committee. The size of the 
     Permanent Select Committee on Intelligence will be increased 
     from not more than 16 Members to not more than 18 Members, of 
     which no more than 10 may be from the same party. [Rule X, 
     clause 11]
       (i) Preserving Majority Quorum Requirements. The 
     requirement for a majority quorum for ordering a measure 
     reported, the release of executive session material, the 
     issuance of subpoenas, and determining if evidence or 
     testimony may tend to defame, degrade, or incriminate any 
     person is clarified with conforming language. [Rule XI, 
     clause 2(h)(3)]
       (j) Clarification of Hearing Procedures. The procedures for 
     committee hearings are modified to: resolve an unintended 
     implication about hearings labeled as something other than 
     investigative; clarify that a copy of the committee rules and 
     hearing procedures shall be made available to each witness 
     ``upon request;'' and clarify that an assertion that evidence 
     or testimony at a hearing may tend to defame, degrade, or 
     incriminate any person must be made either by a Member of the 
     committee or by a witness at a hearing. [Rule XI, clause 
     2(k)]
       (k) Certain Supplemental Reports Without Additional 
     Layover. A committee may file a supplemental report without 
     additional layover to correct errors in the depiction of 
     record votes in committee. [Rule XIII, clause 3(a)(2)]
       (l) Performance Goals and Objectives. The requirement that 
     committee reports include a summary of oversight findings and 
     recommendations by the Committee on Government Reform, if 
     timely submitted, is repealed and replaced with a new 
     requirement that committee reports include a statement of 
     general performance goals and objectives, including outcome-
     related goals and objectives, for which the measure 
     authorizes funding. [Rule XIII, clause 3(c); rule X, clause 
     4(c)(2)]
       (m) Report Detail on Unauthorized Appropriations. The 
     reporting requirements for unauthorized appropriations are 
     expanded to include a statement of the last year for which 
     the expenditures were authorized, the level of expenditures 
     authorized for that year, the actual level of expenditures 
     for that year, and the level of appropriations in the bill 
     for such expenditures. [Rule XIII, clause 3(f)(1)]
       (n) Corrections Calendar. On the second and fourth Tuesdays 
     of a month, a bill that is printed in the Corrections 
     Calendar section of the daily calendar may be considered 
     without further layover. [Rule XIII, clause 4(a)(2); rule XV, 
     clause 6(a)]
       (o) Objections to Exhibits. When the use of an exhibit in 
     debate is objected to, the requirement that the question of 
     its use be decided without debate by a vote of the House is 
     modified to provide discretion to the Chair to submit the 
     question of its use to the House without debate. [Rule XVII, 
     clause 6]
       (p) Postponing Requests for Recorded Votes on Amendments in 
     Committee of the Whole. The current practice of providing 
     authority, through special rules, to the Chair to postpone 
     votes on amendments in the Committee of the Whole, and to 
     reduce voting time to five minutes on a postponed question if 
     the vote follows a fifteen minute vote, is made permanent. 
     [Rule XVIII, clause 6]
       (q) Naming of Public Works. It shall not be in order to 
     consider a bill, joint resolution, amendment, or conference 
     report that provides for the designation or redesignation of 
     a public work in honor of an individual then

[[Page 29]]

     serving as a Member, Delegate, Resident Commissioner, or 
     Senator. [Rule XXI]
       (r) Motions Instructing Conferees. The intended operation 
     of the rule to avoid noticing a 20-day motion to instruct on 
     the first legislative day of a week is restored, and the 
     elements of privilege are restated to clarify that they 
     operate in tandem and not independently. Further, 
     instructions to conferees in any motion may not include 
     argument. [Rule XXII, clause 7]
       (s) Repeal of Automatic Public-Debt Measure. The rule 
     regarding the statutory limit on the public debt is repealed, 
     and the succeeding rules are redesignated accordingly. [Rule 
     XXIII]
       (t) Prohibition on Paid Employment Spouse. The application 
     of the provisions of section 3110 of Title V of the U.S. Code 
     as it relates to Members of the House is prospectively 
     strengthened. [Rule XXIV, clause 8 (redesignated as rule 
     XXIII, clause 8)]
       (u) Oaths Concerning Classified Information. The 
     requirement that a Member, Delegate, or Resident Commissioner 
     sign a secrecy oath before having access to classified 
     information is modified to require the Clerk of the House to 
     make such signatures a matter of public record, publish new 
     signatures, if any, in the Congressional Record on the last 
     legislative day of the week, and make cumulative lists of 
     such names available each day for public inspection in an 
     appropriate office of the House. [Rule XXIV, clause 13 
     (redesignated as rule XXIII)]
       (v) Activities of Consultants. The prohibition against 
     representing a third party or interest by individuals whose 
     services are compensated by the House pursuant to a 
     consultant contract is limited to the contracting office or 
     committee, including its staff. Such individuals will 
     continue to be considered employees of the House for purposes 
     of other applicable provisions of the Code of Conduct. [Rule 
     XXIV, clause 14 (redesignated as rule XXIII)]
       (w) Clarification of Terms in Gift Rule. In the gift rule, 
     the definition of ``employee'' is clarified to cover all 
     employees of the House, not the narrower meaning assigned for 
     purposes of the limitations on outside earned income. [Rule 
     XXVI, clause 4(a) and 5(e) (redesignated as rule XXV)]
       (x) Technical Corrections in Recodification. Technical and 
     grammatical changes are made throughout the rules of the 
     House to correct changes that were made as a result of the 
     recodification of the House rules at the beginning of the 
     106th Congress.

                      Section 3. Separate Orders.

       (a) Standards Committee Rules. The free-standing directives 
     of H. Res. 168 of the 105th Congress (sections 3, 4, 5, 7, 
     10, 11, 12, 13, 14, 15, 16, 17, 20, and 21) regarding ethics 
     reform shall be carried forward in the 106th Congress. 
     However, notwithstanding section 13 of that resolution, the 
     chairman and ranking minority member of the Committee on 
     Standards of Official Conduct 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 whom they so consult, 
     and shall not thereby be precluded from serving as full, 
     voting members of any adjudicatory subcommittee.
       (b) Budget Enforcement. During the 107th 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. In the 
     case of 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. During the 
     107th 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.
       (c) Certain Subcommittees. Notwithstanding clause 5(d) of 
     rule X, during the 107th Congress the Committee on Government 
     Reform may have not more than eight subcommittees; the 
     Committee on International Relations may have not more than 
     six subcommittees; and the Committee on Transportation and 
     Infrastructure may have not more than six subcommittees.
       (d) Numbering of Bills. In the 107th 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.

  Mr. Speaker, I reserve the balance of my time.
  Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
  Happy new year, and happy new year to my chairman.
  Mr. Speaker, last fall's election was a record breaker. Votes for 
everything from President down to State legislators were closer than 
ever before. If the voters told us anything on November 7, it was we 
have to work together. The only mandate this Congress and the White 
House have is to put aside our differences and get things done. But, 
Mr. Speaker, that mandate of cooperation is not reflected in this 
Republican rules package.
  This rules package skews committee ratios so much in favor of the 
Republicans that you would think they had won by a landslide while in 
fact, Mr. Speaker, their majority in the House is less than 2 percent. 
Many Americans believe that if the Republicans in Congress have barely 
more than 50 percent of the vote, then the Republicans should get no 
more than 51 percent of the committee slots and resources. But one look 
at this rules package shows that that is not the case.
  Mr. Speaker, I include for the Congressional Record the following two 
charts detailing the skewed committee ratios.
       If Republicans, with a 51.3 percent majority in the House, 
     maintain the same committees at the same size they were in 
     the 106th Congress but use a committee ratio reflecting the 
     ratio in the House (and keep all Republicans currently on 
     each committee), the following numbers of additional 
     Democrats would have committee seats:

------------------------------------------------------------------------
                                                                 Added
                     Committee                         New    Democratic
                                                      ratio      seats
------------------------------------------------------------------------
Agriculture........................................    27-26          +2
Appropriations.....................................    34-33          +6
Armed Services.....................................    32-31          +3
Banking............................................    32-31          +3
Budget.............................................    24-23          +4
Commerce...........................................    29-28          +4
Education..........................................    27-26          +4
Government Reform..................................    24-23          +4
House Administration...............................      6-5          +2
International Relations............................    26-25          +2
Judiciary..........................................    21-20          +4
Resources..........................................    28-27          +3
Science............................................    25-24          +2
Small Business.....................................    19-18          +1
Transportation.....................................    41-40          +6
Veterans...........................................    17-16          +2
Ways and Means.....................................    23-22          +6
------------------------------------------------------------------------


                                                              House Committee Party Ratios
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Distribution of seats                        Difference
                                                                                       ----------------------------------------                  in %
                                                                                              Members           Percentage                    Committee
                          106th Congress                              Total     Seat   ---------------------------------------- Independent    majority
                                                                                Edge                                                         compared to
                                                                                        Majority  Minority  Majority  Minority                 % House
                                                                                           (R)       (D)       (R)       (D)                   majority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total House Members...............................................       435        12       223       211     51.26     48.51           1   ...........
Total Committee Seats.............................................       835        83       458       375     54.85     44.91           2          3.59
 
                             COMMITTEE
 
Agriculture.......................................................        51         3        27        24     52.94     47.06  ...........         1.68
Appropriations....................................................        61         7        34        27     55.74     44.26  ...........         4.47
Armed Services....................................................        60         4        32        28     53.33     46.67  ...........         2.07
Banking and Financial Services....................................        60         5        32        27     53.33     45.00           1          2.07
Budget............................................................        43         5        24        19     55.81     44.19  ...........         4.55
Commerce..........................................................        53         5        29        24     54.72     45.28  ...........         3.45
Education and the Workforce.......................................        49         5        27        22     55.10     44.90  ...........         3.84
Government Reform.................................................        44         5        24        19     54.55     43.18           1          3.28
House Administration..............................................         9         3         6         3     66.87     33.33  ...........        15.40
International Relations...........................................        49         3        26        23     53.06     46.94  ...........         1.80
Judiciary.........................................................        37         5        21        16     56.76     43.24  ...........         5.49
Resources.........................................................        52         4        28        24     53.85     46.15  ...........         2.58
Rules.............................................................        13         5         9         4     69.23     30.77  ...........        17.97
Science...........................................................        47         3        25        22     53.19     46.81  ...........         1.93

[[Page 30]]

 
Small Business....................................................        36         2        19        17     52.78     47.22  ...........         1.51
Standards of Official Conduct.....................................        10         0         5         5     50.00     50.00  ...........        -1.26
Transportation and Infrastructure.................................        75         7        41        34     54.67     45.33  ...........         3.40
Veterans' Affairs.................................................        31         3        17        14     54.84     45.16  ...........         3.57
Ways and Means....................................................        39         7        23        16     58.97     41.03  ...........         7.71
Permanent Select on Intelligence..................................        16         2         9         7     56.25     43.75  ...........         4.99
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source for data are Congressional Yellow Book, and Vital Statistics on Congress, 1999-2000.
Delegates and Resident Commissioner are included in the committee ratios.
For consistency, vacancies are counted in overall total and party totals.
Percentages were calculated by computer, and reflect rounding.
In some instances, published source may indicate unfilled vacancy.
Ratios do not reflect post-election resignations.

  Last Congress when the majority party was entitled to 51 percent of 
the seats, my Republican colleagues took 59 percent of the seats on 
Ways and Means, they took 57 percent of the seats on Judiciary, and 
they took almost 56 percent of the seats on the Committee on the 
Budget.
  Mr. Speaker, in addition to being unfair, those committee ratios 
denied millions of Americans their right to representation on specific 
congressional committees. And my Republican colleagues are about to do 
that again in this Congress when the majority is even slimmer than it 
was last year. But I think it is better to put it this way, Mr. 
Speaker: If the ratios on the committees were to reflect the ratio in 
the House this Congress, 58 more Democratic districts would have their 
representatives seated at the committee tables. Even my dear friend, my 
chairman, the gentleman from California (Mr. Dreier) signed a joint 
committee report saying, and I quote, committee seats should be 
allocated to reflect the overall ratio of the House. Of course, that 
was a different time and a different place.
  Up until 6 years ago, my Republican colleagues regularly included 
requirements for fair committee ratios in their rules packages. That 
is, Mr. Speaker, until they became the majority. Mr. Speaker, while 
millions of Americans will lose their voice first in congressional 
committees, millions more lost their voices during this past 
presidential election. Perhaps more important than anything else we do 
in Washington would be to restore America's confidence in the election 
process. But, Mr. Speaker, that too is missing from this Republican 
rules package.
  Nowhere is there a mention of what happened during this Presidential 
election. Nowhere is there a call on Congress to fix our flawed 
election process. Nowhere is there a recognition of the urgent need to 
restore people's confidence in American elections. Mr. Speaker, in just 
3 days, a joint session of Congress will count the votes of the 
Presidential electors and declare the winner of the Presidential 
election. Millions of Americans are questioning that election and 
demanding action. Mr. Speaker, this rules package fails to take any 
action on their behalf.
  That is why, Mr. Speaker, I am urging my colleagues to support the 
Democratic rules package. Our rules package includes the Republican 
proposals for committee ratios from the 102nd and the 103rd Congresses. 
Our rules package also takes steps to reform our election process. It 
gives the Committee on the Judiciary until March 1 to recommend ways to 
ensure that all eligible Americans who vote shall have their votes 
counted, especially our military personnel who vote by absentee 
ballots.
  Mr. Speaker, even though the next set of Federal elections is 2 years 
off, we really need to get started right away making sure that 
everyone's vote is counted and counted fairly. Fair elections are the 
foundation on which our democracy is built and there is nothing more 
important than ensuring that this process be as fair as possible.
  Mr. Speaker, I urge my colleagues to support the motion to commit. If 
the motion to commit passes, we will have adopted the Democratic 
amendments to the rules of the 107th Congress. Our amendments will 
improve the way we conduct elections and ensure more fair committee 
ratios.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DREIER. Mr. Speaker, I yield such time as he may consume to the 
very distinguished chairman of the Committee on the Judiciary, the 
gentleman from Illinois (Mr. Hyde).
  Mr. HYDE. Mr. Speaker, the pending rules package proposes to amend 
clause 3 of rule X to give the House Permanent Select Committee on 
Intelligence the ``exclusive'' authority to ``review the sources and 
methods of entities described in clause 11(b)(1)(A).'' Included in that 
list is the National Foreign Intelligence Program as defined in section 
3(6) of the National Security Act of 1947. The term National Foreign 
Intelligence Program, as defined by the 1947 Act, ``refers to all 
programs, projects, and activities of the intelligence community, which 
includes the Treasury Department, the Federal Bureau of Investigation, 
and other governmental agencies that impact matters within the 
jurisdiction of the Committee on the Judiciary.'' See 50 U.S.C. 
401a(4). As you know, pursuant to House rule X, the House Committee on 
the Judiciary has jurisdiction over all provisions of criminal law, 
espionage, and subversive activities affecting the internal security of 
the United States.
  Will the adoption of these proposed changes alter in any way the 
oversight jurisdiction of the Committee on the Judiciary?
  I yield to the gentleman from California (Mr. Dreier).
  Mr. DREIER. I thank the gentleman for his inquiry. The House should 
know that this change is not meant to circumscribe in any way, shape, 
or form the oversight or legislative jurisdiction of the House 
Committee on the Judiciary. As an ardent supporter of programmatic 
oversight, it is my intention that the Committee on the Judiciary 
continue to vigorously and fully pursue those matters within its 
oversight jurisdiction. The proposed rules change will not hamper your 
oversight efforts in this regard.
  Mr. HYDE. I thank the gentleman for his explanation.
  Mr. MOAKLEY. Mr. Speaker, I yield 5 minutes to the gentleman from 
Michigan (Mr. Dingell), the dean of the House, and the ranking member 
of the Committee on Commerce.
  Mr. DINGELL. Mr. Speaker, I have heard a great deal of talk about how 
this is going to be a new and a different and a better Congress. I have 
heard a lot of people tell me about how we are going to proceed to have 
bipartisanship and cooperation and conciliation. I would observe to the 
Members of this body that the system will work if we have cooperation, 
conciliation, and compromise. I would add to that one thing more: 
Consultation. It would be nice if the majority would talk to the 
minority about their plans and about what they are doing. It would be 
even nicer if they would let us talk to them about what we are doing 
here and to be consulted and to have an actual discussion about what 
rules are going to obtain.
  These rules are interesting. I have been writing rules in this place 
for a

[[Page 31]]

long time. I would note to my colleagues that in these rules are a 
number of interesting things, massive changes in the jurisdiction of 
the Committee on Commerce. No discussion with the minority on that 
matter whatsoever. No justification for what has been done here. We are 
simply informed, ``This is what we are going to do to you.''
  I would observe that the jurisdiction that is being transferred from 
the Committee on Commerce is jurisdiction which was created by Sam 
Rayburn 60 or 70 years ago and that has been exercised vigorously and 
well by the Committee on Commerce all during those times. And that 
never has there been a scandal in that particular line of jurisdiction 
because the Committee on Commerce has always seen to it that the 
interests of the American investors were protected.
  I would note that the committee across the hall, the Banking 
Committee, has presided over some splendid scandals in the area of 
banking and savings and loans and has never understood what was going 
on. Taxpayers have ponied up at least $500 billion because of the 
incompetence and indifference of that committee. And now we are 
transferring the jurisdiction over securities to the Banking Committee 
so that they may conduct the business of the securities industry in 
precisely the same way they have supervised the business of the banking 
and the savings and loan industries.
  I would simply tell my colleagues, you have created the opportunity 
for splendid scandals and you have created something else: You have 
made your choice of fools, and I should say that you should now look 
forward to a splendid disaster. It is coming.
  The other things which have been done which I think are noteworthy 
here are that you have changed the rules on motions to recommit. I do 
not know whether you have done this for the same reason that you have 
made the changes in the jurisdiction of the Committee on Commerce. You 
did that to take care of one Member. One Member. Not the interests of 
the House, not the interests of the banking industry or the securities 
industry or indeed the interests of the investors of the United States. 
I hope there is a good reason you have done this other than to make it 
more difficult for the minority to express its will or to have this 
House have votes on matters of important questions.
  You have also done some other things. You have continued to constrain 
the minority in its ability to write reports critical of what they 
conceive to be wrongdoing or failures in legislation by saying to it 
that only 2 days will exist for the minority to come forward with 
complaints with the content of legislation. Is this the kind of good 
will? Is this the kind of cooperation, conciliation, and is it the kind 
of action that we are hearing when we are talking about having 
compromise and cooperation and bipartisanship? I think not. If we are 
to work together, and I would remind my colleagues on the majority 
side, there are only a few seats' difference between the Members on 
this side and on the other side. If you want to have a President who 
was elected by the narrowest margin in history and whose tenure as a 
legitimate President is, in fact, open to question because of the 
curious manipulations of the Supreme Court and because of the way in 
which the election in Florida was conducted and counted and handled to 
succeed and to be able to talk about bipartisanship and cooperation, 
this is not the way that you begin the affairs of this Congress.
  I did not intend to make an angry speech, and I would like my 
colleagues to know this is not an angry speech. This is a speech of 
sorrow and sadness because the majority is throwing away the good will 
that they are going to need to have a bipartisan Congress run with 
cooperation, conciliation, and compromise which the American people 
both need and want.
  Mr. DREIER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from 
Delaware (Mr. Castle).
  Mr. CASTLE. Mr. Speaker, I would like to ask some questions, perhaps 
in the form of a colloquy, of the chairman of the Committee on Rules 
about the changes which we are facing between committees. I am a member 
of the Banking Committee and the details elude me. First about the 
insurance question. In establishing the question on financial services, 
this resolution adds a term, and I quote, ``insurance generally'' to 
the jurisdiction of that committee. However, no such jurisdiction 
existed in rule X in the 106th Congress.
  Can you describe for me what the term ``insurance generally'' is 
intended to convey?

                              {time}  1500

  Mr. DREIER. Mr. Speaker, will the gentleman yield?
  Mr. CASTLE. I yield to the gentleman from California.
  Mr. DREIER. Let me say, and I thank the gentleman for his question, 
matters relating to insurance generally are intended to include 
matters, for example, that have an impact on the policy holder, the 
solvency of insurers or financial institutions that are underwriting or 
selling insurance, activities that are financial in nature or 
incidental to a financial activity; the national treatment of insurance 
companies, auto insurance, life insurance and property and casualty 
insurance.
  However, as I mentioned previously in my statement, existing health 
insurance jurisdiction is not transferred as a result of this change. 
Furthermore, the existing jurisdiction of other committees with respect 
to matters relating to crop insurance, worker's compensation, insurance 
antitrust matters, veterans' life and health insurance and national 
social security are not affected by this change.
  Mr. CASTLE. Mr. Speaker, let me ask next about some securities 
issues. Regarding securities and exchanges, does the transfer of this 
jurisdiction to the Committee on Financial Services include 
underwriting, dealing, and market making?
  Mr. DREIER. Yes, that is correct.
  Mr. CASTLE. Another question. Does it include accounting standards 
applicable to capital raising under applicable securities laws and the 
Securities Act of 1933?
  Mr. DREIER. Once again, the gentleman is correct.
  Mr. CASTLE. Does it include exchanges, investment companies, and 
investment advisors?
  Mr. DREIER. Yes, that is correct.
  Mr. CASTLE. Does it include jurisdiction over the Public Utilities 
Holding Company Act?
  Mr. DREIER. As I mentioned previously in my statement, this change is 
not intended to convey to the Committee on Financial Services 
jurisdiction over matters relating to regulation and SEC oversight of 
multistate public utility holding companies and their subsidiaries 
which remain essentially matters of energy policy.
  Mr. CASTLE. I thank the gentleman very much for clarification on 
these issues.
  Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
  Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Hoyer), the co-chair of the Democratic Steering Committee 
and the ranking member on the Committee on House Administration.
  Mr. HOYER. Mr. Speaker, as all of us know, this House is now divided 
by its narrowest margin since the 83rd Congress when Republicans held 
221 seats and Democrats 213. Today, our Republican friends hold a bare 
five-seat majority, 221 to 212. Thus, if we are to accomplish anything, 
bipartisanship, as President-elect Bush talked ad nauseam about in the 
campaign, is a sine qua non. It cannot be mere rhetorical window 
dressing.
  Unfortunately, Mr. Speaker, I regret to say the first day of the 
107th Congress we have missed an opportunity to demonstrate our 
commitment to bipartisanship. Since the Republicans regained the 
majority in 1995, there has been a growing disparity between the 
minority's representation in this House and the committee slots 
available to its Members elected by the American public, Republicans 
and Democrats, to represent them. Simply put, there are not enough 
committee slots available to the minority party, which now controls 49 
percent of this body. Nevertheless, the allocation of committee slots

[[Page 32]]

has remained unchanged, 55 percent for the majority, 45 percent for the 
minority.
  Now let me call attention to this chart. It is probably a little 
difficult to understand, but what it tracks is minority representation, 
not majority; whether Democrats were in the majority or Republicans 
were in the majority. One will note, up to the 104th Congress, when 
Democrats were in control, the percentage of committee slots allocated 
and the percentages in the House tracked one another. One will note 
that when the minority got more slots in the House, they went up. When 
they got less, they went down.
  The point is, it was fair. It was representative and it gave to 
minority members the opportunity to do what they said they wanted to 
do, represent Americans.
  Now I would call the attention of my colleagues, and I would hope the 
former governor of Delaware, who is one of the fairest members in this 
House, would look at this stark contrast; and I would say here is the 
104th Congress, the 105th, the 106th, the 107th. One will note that the 
minority line has been flat lined, notwithstanding the fact that we 
have picked up in each of the last four elections additional seats and 
made the difference between the majority and minority parties smaller; 
but the line has not changed.
  The majority line has gone up in terms of their percentage, and the 
variance. That is not fair. It is also, I would say to the chairman of 
the Committee on Rules, the gentleman from California (Mr. Dreier), 
contrary to his representations when he was in the minority. In my 
calculations, we would need an additional 64 seats in order for us to 
be allocated the number of seats that we are entitled to as a result of 
our percentage in the minority.
  What is being done is contrary to the rhetoric. It will not further 
bipartisanship, and I would ask that that be corrected as we move ahead 
in the next few days.
  Mr. DREIER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Thibodaux, Louisiana (Mr. Tauzin).
  Mr. TAUZIN. Mr. Speaker, let me first acknowledge, as did the ranking 
minority member of the Committee on Commerce, our extraordinary 
disappointment in the jurisdictional transfer from the Committee on 
Commerce to this new Committee on Financial Services. It is important, 
as the chairman has said, to know, however, that memorandums of 
understanding regarding that transfer are now being negotiated so that 
there is clarity in the transfer.
  Like the gentleman from Delaware (Mr. Castle), we too had similar 
questions about the meaning of the jurisdictional changes; and I would 
first ask my friend, the chairman of the Committee on Rules, the 
gentleman from California (Mr. Dreier), a simple question. The rules 
changes being considered today will clearly transfer jurisdiction over 
securities and exchanges from the Committee on Commerce to the new 
Committee on Financial Services, and the Committee on Financial 
Services will also be accorded insurance, generally. But there is not 
any intent on the part of the Committee on Rules to transfer or 
otherwise affect the jurisdiction of the Committee on Commerce; is that 
correct?
  Mr. DREIER. That is correct.
  Mr. TAUZIN. Indeed, the gentleman pointed out very clearly that 
health care insurance and Public Utility Holding Company Act 
jurisdiction still resides with the Committee on Commerce; is that 
correct?
  Mr. DREIER. Correct.
  Mr. TAUZIN. Is the chairman also in agreement that further 
memorandums of understanding are being worked out regarding issues?
  Mr. DREIER. Yes, I know discussions are underway right now in dealing 
with some of these questions.
  Mr. TAUZIN. Some of the questions like FASB and ECNs?
  Mr. DREIER. That is correct.
  Mr. TAUZIN. Let me say on behalf of many members of the Committee on 
Commerce we, of course, are extremely disappointed in this transfer. 
While we would, of course, like to retain that jurisdiction, we would 
like to retain it for a simple reason and that is because the Committee 
on Commerce has done, as the ranking minority member has stated, an 
extraordinary job in representing good policy for the stock market and 
the security industries in general, as well as for the insurance 
industry of this country, and the record will demonstrate, I think, 
that the extraordinary care and concern the Committee on Commerce has 
given to these issues has created an extraordinarily stable environment 
for financial trading and for insurance.
  While we regret this transfer, we appreciate the cooperation of the 
chairman of the Committee on Rules in the memorandum and in further 
clarifications of jurisdictional shifts.
  Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I appreciate the gentleman from 
Massachusetts (Mr. Moakley) yielding me this time.
  Mr. Speaker, I welcome the Members back as the Member who represents 
the jurisdiction where the House sits. Members may know that I sought 
return of my vote in the Committee of the Whole this Congress. I 
appreciate that the gentleman from Virginia (Mr. Davis) and the 
gentlewoman from Maryland (Mrs. Morella) offered an amendment in the 
majority rules that was rejected that would have granted the tax-paying 
residents I represent a vote in the Committee of the Whole. I 
appreciate that there were other Members of the majority that supported 
this amendment.
  I had hoped, after 10 years in the Congress, to get the return of the 
vote I won in 1993. The Members know me very well. They know the city I 
represent very well. So much of its business comes before this body. 
They have seen the city through tough times, a city that is doing very 
well. They know me to be a cheerleader for its rights and no apologist 
for my city when it is not doing its best.
  When a vote is won for the first time in 200 years and then it is 
lost, it hurts. May I say that I feel no personal injury. I am always 
treated with respect in this body. I have almost all of the rights of 
this body. I feel I belong to this club, but the people I represent do 
not. They have paid the price of admission, however. They are third per 
capita in Federal income taxes. I have the full vote in committee which 
I cast in their name. I had thought that the limited vote would be 
forthcoming, particularly since there is a revote if my vote decides an 
issue. Yet even this limited vote meant everything to D.C. residents 
because it is the first time they have ever had a vote on the House 
floor since the city was established.
  The limited vote, the revote provision, meant that the majority had 
nothing to lose by granting these taxpayers a vote in the Committee of 
the Whole. The people I represent, however, lost everything when they 
lost the vote because they lost the only vote they had ever had.
  What entitles each Member to cast their vote more than anything else 
are the taxes their constituents pay. The limited vote I sought, with a 
remote provision, would have meant some modicum of that respect to the 
taxpaying Americans I represent.
  I hope in the years to come, while I am still a Member of this House, 
that it will be found within the hearts of the Members and within their 
understanding of our country's principles first to grant District 
residents the limited vote I sought in the 107th Congress and then to 
see to it that no Americans who pay taxes to their government are left 
without full representation in the Congress of the United States.
  Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
  Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Missouri (Mr. Gephardt), the Democratic leader in the House.
  Mr. GEPHARDT. Mr. Speaker, I rise in opposition to the rules changes 
proposed by the majority, which I believe contradict the promise of 
working together in a truly bipartisan spirit because they undermine 
the rights of Democratic Members. They also fail to

[[Page 33]]

address what I think is the most pressing issue that comes out of this 
troubled national election, and I urge all Members to support the 
Democratic alternative to give Democrats fair representation on 
committees, to accurately reflect the closeness of the margin in the 
House and to give this House the impetus to move forward quickly on 
electoral reforms to ensure that every citizen's vote in this country 
counts in every election from now.
  In the last few weeks, we have heard a lot of talk about 
bipartisanship and about compromise, about finding consensus and common 
ground. We applaud the verbal commitment to bipartisanship, but we also 
believe that bipartisanship must be more than just words. It must be 
backed up with deeds and actions. The Republican proposal that changed 
the rules, we think, does not meet this test. It does not change the 
ratios on committees to reflect the true makeup of the House and the 
will of the voters, and it does not begin to address the issue of 
electoral reform, which I think is one of the top priorities of the 
American people.
  We hope for a bipartisan atmosphere in this new Congress, and I hope 
the closeness of the margin between our parties will be viewed as an 
opportunity, not a hindrance. This is the people's House. It is not a 
Republican House; it is not a Democratic House. To advance progress, we 
must recognize and practice that principle, and the first step is to 
allow the committees who do the work of the Congress to reflect the way 
people voted in this election.

                              {time}  1515

  We must have electoral reform. Our alternative makes electoral reform 
a top national priority for our country to reflect the will of the 
American people. Our proposal calls for swift action to make sure that 
every vote cast gets counted, including military votes.
  Voices were stifled on election day. This is completely unacceptable. 
We should not have unequal voting procedures in any part of the country 
or ever hear again about voter intimidation. It is wrong, and we should 
do everything in our power to right those wrongs by working together to 
expand the franchise and to make sure that every vote cast gets 
counted.
  This is a great democracy, and in our democracy voting is the most 
important right, so let us pledge today to make every effort to protect 
the rights of every American.
  In closing, let me urge all of our colleagues to support the truly 
bipartisan, truly fair, truly just package that the Democratic Party 
puts before the House. I appeal to have a discussion of all the rules 
changes that affect this House, including the unilateral decision to 
reconstitute the Committee on Banking and Financial Services and to 
diminish the jurisdiction of the Committee on Commerce and the decision 
to narrowly draw the minority's ability to offer motions to recommit.
  So, vote yes on the Democratic motion. Let us begin the process of 
electoral reform and achieve true parity on all of the committees of 
the House. Let us reflect in the House the decision of the American 
people.
  Mr. DREIER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio (Mr. Oxley).
  Mr. OXLEY. Mr. Speaker, I rise in support of the Resolution and the 
creation of a new Committee on Financial Services, which incorporates 
the jurisdiction over the nations securities laws and the regulation of 
the business of insurance with the jurisdiction of the former Committee 
on Banking and Financial Services.
  With the enactment of the landmark Gramm-Leach-Bliley Act in the 
106th Congress, consumers enjoy the promise of greater competition in 
the financial services industry, leading to the development of 
innovative new products, services, and giving the institutions offering 
those services the ability to provide them at lower costs and with 
greater convenience for the consumer.
  The Gramm-Leach-Bliley Act created a new regulatory framework for 
companies providing these services. It only makes sense that the House 
modernize its committees to provide the kind of oversight needed in the 
modern marketplace.
  Under the Resolution before us, jurisdiction relating to securities 
and exchanges is transferred in its entirety from the former Committee 
on Commerce to the new Committee on Financial Services, including 
securities dealing, underwriting, and market making. Matters relating 
to the Securities and Exchange Commission, including accounting 
standards, investor protection, equities exchanges, broker-dealers, 
investment companies, and investment advisors also are included under 
the jurisdiction of the Committee on Financial Services.
  Similarly, jurisdiction over the Foreign Corrupt Practices Act has 
its root in the Securities Act of 1934 and would also fall under the 
new Committee's jurisdiction over securities and exchanges. Regulation 
of stock market quote data also would fall under the jurisdiction of 
the Committee on Financial Services, as would legislation to regulate 
its publication and sale as part of computerized databases.
  Jurisdiction over matters relating to insurance generally also is 
transferred to the new Committee on Financial Services, including 
matters relating to the business of insurance, the solvency of insurers 
and institutions underwriting or selling insurance, the protection of 
insurance policyholders, the national treatment of insurance companies, 
auto insurance, life insurance, and property and casualty insurance.
  These are matters that are directly related to the regulation of the 
nation's markets for securities and insurance, and it is my belief and 
understanding that they will be referred to the Committee on Financial 
Services in the future.
  Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Towns).
  Mr. TOWNS. Mr. Speaker, I rise today in strong objection to the 
transfer of jurisdiction over finance issues from the Committee on 
Commerce to the Committee on Banking and Financial Services. I must say 
that the policy arguments behind this watershed change are very 
suspect.
  The Committee on Banking and Financial Services has no expertise in 
terms of oversight of legislation in the area of securities or 
insurance. I mean none, zip, none. And, if it is not broken, why fix 
it? There is no problem, so why are we fixing it? I will tell you, it 
is strictly politics and nothing else.
  Serious legislative issues which were unresolved in the Committee on 
Commerce during the last Congress will now be turned over to a 
committee with no background or understanding of these important 
matters at all. I am speaking specifically here of the question of pay 
equity for the Securities and Exchange Commission, Section 31 fee 
reduction. Whether these issues will ever be addressed in the 107th 
Congress remains an open question.
  As a Member from New York where these issues are of paramount 
importance, I must stress the fact that these issues will not be 
addressed by a committee with the appropriate background, and, 
therefore, I tell you now, this is pure bare knuckle politics. It is 
nothing else. It is bad policy.
  Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Pallone).
  Mr. PALLONE. Mr. Speaker, I rise in strong opposition to the changes 
in the House rules proposed by the Republican leadership.
  For months now, the American people have been hearing an abundance of 
talk from the Republican side about the new era of bipartisanship. 
Well, in their first act, the Republicans have brought forth a set of 
changes in the House rules, with no consultation from the Democratic 
side, and will attempt to ram these changes through on a partisan vote. 
Democrats only heard about the changes after the decision was made.
  Mr. Speaker, in a move to appease and reward just one of the 
conservative Members, the House leadership has abolished one full 
committee, the Committee on Banking and Financial Services, and has 
stripped another, the Committee on Commerce, of its long-standing 
jurisdiction over securities issues.
  Mr. Speaker, you claim that this move is rooted in substantive 
changes and not politics, but this does not pass the straight-face 
test. For what substantive reasons have you placed the jurisdiction of 
our financial markets in the hands of the committee that wrote the laws 
which brought us the savings and loan debacle? For what substantive 
reason are you hurting the career of the gentlewoman from New Jersey

[[Page 34]]

(Mrs. Roukema), the rightful heir to the chairmanship of the Committee 
on Banking and Financial Services? Is it because she is a woman? Is it 
because she is a moderate? Or is the gentlewoman from New Jersey (Mrs. 
Roukema) being passed over because she has not raised enough money for 
your campaign coffers?
  I would say to my colleagues, it is politics as usual for the 
Republican leadership and the 107th Congress. By their own hand they 
have written a document to govern this institution which rewards 
conservative politics and political fund raising at the expense of 
diversity and bipartisanship. I would urge my colleagues to oppose 
these rule changes. Vote no on the resolution.
  Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Cardin).
  Mr. CARDIN. Mr. Speaker, the 107th Congress is barely 3 hours old, 
and I must tell you, I am very disappointed by the first action we are 
being asked to vote on. The rules package does not reflect the ground 
rules to bringing about a bipartisan Congress.
  I listened very carefully to the Speaker's comments just an hour ago 
where he called upon all of us to listen to each other and to work 
together in a bipartisan way. I am prepared to continue to work with my 
Republican colleagues in an effort to deal with the important issues of 
this Congress. But I must tell you, Mr. Speaker, it starts with 
fairness. It starts with fairness in the process, fairness in the 
rules.
  The rules package being presented by the Republicans does not 
represent fairness. First, there was no consultation with the 
Democrats. That is wrong. One cannot justify that. Secondly, the 
committee ratios are unfair. We have one of the smallest majority 
margins in the history of this Congress, less than 51 percent of the 
membership are Republicans, and yet when you look at the number of 
Republicans on the committees, the Democrats should have almost 60 more 
seats in order to equal their number. That is wrong.
  Mr. Speaker, I remember the first day that I was on the Committee on 
Ways and Means and how proud I was to be appointed to that committee. 
The chairman welcomed both the Democratic and Republican members and 
said that we now have a seat at the table. Well, the Committee on Ways 
and Means in the 107th Congress will be 60 percent membership on the 
Republican side of the aisle. Three Democrats should be more on that 
committee. Three of my colleagues on the Democratic side of the aisle 
are being denied their fair opportunity to represent the views of their 
constituents. That is wrong. That needs to be corrected.
  It starts with fairness in the committees. The Committee on Ways and 
Means will be considering tax legislation, Social Security reform, 
Medicare reform. I listened very carefully as the President-elect 
called upon bipartisan cooperation on each of these issues, yet the 
committee that will consider it in this body will not be fairly 
represented by the views of this House. That is wrong, and needs to be 
corrected.
  Mr. Speaker, there is still time to correct this injustice. The 
Speaker said to us just an hour ago we should be judged by our actions, 
and I agree. Now is the time to be judged by our actions. The 
Republicans control the vote on the rules of the House. We on the 
Democratic side understand that. But we call upon the Republicans to 
understand what they have done on committee ratios is just wrong and 
cannot be defended. There is still time to correct this injustice.
  The American people are watching our actions. Let us start off on the 
right path, not the wrong one. I urge my colleagues to support the 
Democratic substitute, the Democratic motion to instruct, for it 
provides for the basic fairness, so we all can work together in a truly 
bipartisan way.
  Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi).
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in support of the Democratic substitute to the 
rules package before us. Earlier today, over 430 Members of this House 
swore an oath of office to uphold the Constitution of the United 
States. That Constitution calls for a democratic form of government, 
ensuring the right to vote to all eligible people in our country.
  However, the Republican package does nothing to address the election 
that we have just gone through, and I commend our Democratic leader, 
the gentleman from Missouri (Mr. Gephardt), for making the Democratic 
substitute have swift action by the Committee on the Judiciary to 
report by March 1 on urgent election reform measures to correct the 
problems that occurred in the last election. Implicit in the right to 
vote is the fact that your vote will be counted. We must remove 
obstacles to participation in voting and counting before the next 
election.
  Also implicit is representation in Congress. That means 
representation on committees as well. Nothing is more American than a 
sense of fairness. That sense of fairness is absent in this Committee 
on Rules package put forth.
  Mr. Speaker, I urge our colleagues to support the Democratic 
substitute.
  Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Menendez), the Vice Chairman of the Democratic Caucus.
  Mr. MENENDEZ. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, this is the first test of bipartisanship, the first test 
of leadership, and the Republican leadership has failed it. They seem 
to look at the rules package as a way to settle political debts, to 
gain strategic advantage and work out intra-party struggles, and they 
are wrong. A rules package should have one central and overriding 
concern, how the American people are represented in the people's House.
  So when the representation on committees does not fairly reflect the 
makeup of the House as decided by the people, the rules package fails 
this test; and when we fail to take advantage of an historic 
opportunity to address the problems in our election system, the rules 
package fails this test.
  We all know that tens of thousands of voters were disenfranchised in 
this past election. We have a responsibility to make sure that never 
happens again. Democrats are fighting for these voters; Republicans are 
ignoring them.
  I urge our colleagues to give us on this first day bipartisanship, by 
fairness in the committee assignments, fairness in the opportunity for 
the Nation's voters, and voting for the Democratic alternative.
  Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I will inform the gentleman from California (Chairman 
Dreier) that I will, at the end of the speeches, put in a motion to 
recommit, which will deal with committee ratios and election reform.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I obviously believe that we have been able to 
successfully craft a very good package of rules changes for the 107th 
Congress. As I have listened over the last few minutes to the 
statements from my colleagues on the other side of the aisle, it really 
is a misunderstanding of what it is that we are doing here and of what 
the process is.
  You have to go back over 120 years before Speaker Reed was Speaker of 
the House to find a time when we did not enjoy majority rule where the 
party in the majority actually set forth the rules under which the 
House was governed.
  That is exactly what has happened this year. We have just over the 
last few minutes seen a vote for Speaker of the House. The Democrats 
voted for the gentleman from Missouri (Mr. Gephardt), the Republicans 
voted for the gentleman from Illinois (Mr. Hastert). There were more 
votes for the gentleman from Illinois (Mr. Hastert) than there were for 
the gentleman from Missouri (Mr. Gephardt). Was that a partisan vote? 
Well, yes, it was a partisan vote.
  Did we, in fact, see a crafting of the rules done in a bipartisan 
way? Well,

[[Page 35]]

we certainly took into consideration minority proposals. I am always 
willing to listen to the thoughts of our colleagues from the other side 
of the aisle. But I served for 14 years in the minority here, and 
sometimes we did not even get that much from those who were in the 
majority.
  I am not saying we should do it exactly the same way, because we 
learned some things from you that I have to admit were good, and there 
are other things that we learned that we have not proceeded with. That 
is why if one looks at the proposals that we have had come forth 
beginning with the Republicans becoming the majority, the Republican 
takeover in 1994, to today, I believe we have done an awful lot to 
recognize minority rights.

                              {time}  1530

  It has been my experience, having served 14 years in the minority, 
that led me to say that we wanted to do things, like ensure that the 
minority has a right to offer that motion to recommit, and we have done 
that. We have continued it. I know that there was consideration to this 
issue of reinstating proxy voting, and it is no secret that there was a 
discussion on our side about it, and we decided to keep the ban on 
proxy voting, and that, of course, ensures that committee chairmen do 
not simply use the proxy vote without other members of the majority 
being there, often at the expense of the minority.
  The other thing that I think is very important for us to note is the 
question of committee funding. I am very proud, and I have worked 
closely with the gentleman from Massachusetts (Mr. Moakley) on the 
issue of committee funding on the Committee on Rules, and I know that 
other committees have been able to put together a package, and under 
the leadership of our Committee on House Administration and the 
gentleman from California (Mr. Thomas), we have increased the funding 
level for the minority for their committee staffs.
  The other question that was raised during this debate had to do with 
committee ratios. By tradition, Mr. Speaker, the way this works is, the 
Speaker of the House and the minority leader work out an agreement on 
committee ratios, and that is exactly what is taking place now, and 
that is what has taken place here.
  Then, on this issue of the jurisdictional change, I will say that I 
am very proud of the fact that going back 7 years to what was called 
the Joint Committee on the Organization of Congress, one that I 
cochaired, along with Senator Domenici and former Senator Boren and 
former Congressman Lee Hamilton, a committee which spent a great deal 
of time looking at reforms of this institution. At that time, 7 years 
ago, 1993, I offered a proposal which dealt with this exact 
jurisdictional shift, which we are finally including today, 7 years 
later. I did not quite make it then. My proposal then died on a 6-6 tie 
vote. We are doing it today, and obviously, it is controversial in the 
eyes of many, but it is being done for the same policy reasons that I 
proposed back in 1993.
  Now, it is even more important than it was then because of the 
passage of the very important Financial Services Modernization Act that 
we were able to pass in the 106th Congress. That is the reason we are 
doing this, and I believe that it will enhance our ability to deal with 
a wide range of very important public policy questions that are on the 
horizon.
  So let me just say that this is a fair package; it is a balanced 
package. I think it deserves bipartisan support. While I doubt that we 
will have too many Members on the other side of the aisle who will join 
in support of the rules package, I do not believe that it, in any way, 
undermines the commitment that the Speaker of the House, the gentleman 
from Illinois (Mr. Hastert), made just a few minutes ago here in this 
Chamber to our goal of working to bring about solutions to the 
challenges that we will face in this very important new year.
  So with that, I will say that I look forward to working with my 
colleagues as we move ahead on a number of important issues, and I urge 
strong support of this package.
  Mr. GREEN of Texas. Mr. Speaker, I have mixed feelings about our new 
rules package.
  We have a new president, new House, and new Senate, but we are 
beginning the new millennium with some of the same partisan divisions.
  My friends in the Majority want to pass a new rules package for the 
107th Congress that does little to address the views and concerns of 
the Minority.
  Specifically, Mr. Speaker, despite all the talk about bipartisanship, 
little has been done in the House to modify committee ratios to reflect 
the Minority's gains in the last election, or even the gains made by 
Democrats in 1998.
  I believe all committees in the House should reflect the 51-49 
percent split between Democrats and Republicans.
  While I was pleased to see that the Republicans are considering 
adding a seat for each party to Appropriations, Commerce, and Ways and 
Means, this will do nothing to achieve parity on these committees.
  In fact, if one member is added to both sides of the Commerce 
Committee, on which I serve, the ratio will still be 55-45. While I 
welcome new colleagues to these committees, the addition does nothing 
to achieve the parity the minority is seeking.
  The reality is that the House now has one of the smallest majorities 
in the history of our country. Committee ratios should reflect that 
small majority.
  Mr. Speaker, I do not want to stand up here today and throw cold 
water on the 107th Congress.
  In fact, I was pleased to see that the Republicans rejected efforts 
to bring back proxy voting. I approved of this reform when it was 
instituted in the 104th Congress, and I am pleased to see that the 
majority has chosen to keep it.
  Nevertheless, I have concerns about this rules package, and hope that 
the majority recognizes the gains made by Democrats during the 
electoral process.
  We are all going to remember the unfulfilled potential of the 106th 
Congress, I do not want the same fate to befall the 107th Congress.
  I do not want to feel like Tom Hanks, stranded on an island talking 
to a volleyball.
  This body must learn to communicate and allow input in the decision 
making process.
  I have great hopes for the 107th Congress, but the success or failure 
of the legislative agenda rests solely with the majority.
  Mr. DREIER. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.


                Motion to Commit Offered by Mr. Moakley

  Mr. MOAKLEY. 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:

       Mr. Moakley moves to commit the resolution H. Res. 5 to a 
     select committee comprised of the Majority Leader and the 
     Minority Leader with instructions to report back the same to 
     the House forthwith with the following amendments.
       Strike section 2 of the resolution and in lieu thereof, add 
     the following:
       ``Sec. 2. Change in Standing Rules.--
       Committee Ratios.--Clause 5(a)(1) of Rule X of the Rules of 
     the House of Representatives is amended by adding 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.''
       At the end of the resolution, add the following:
       ``(e) Election Reform.--The Committee on the Judiciary is 
     directed to report to the House no later than March 1, 2001 
     legislation comprising its recommendations to ensure that all 
     eligible Americans who vote (including military personnel who 
     vote by absentee ballot) shall have their votes counted.''

  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to commit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to commit.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MOAKLEY. 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 199, 
nays 213, not voting 18, as follows:

[[Page 36]]



                              [Roll No. 3]

                               YEAS--199

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Costello
     Cramer
     Crowley
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Hall (OH)
     Hall (TX)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stenholm
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--213

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Cunningham
     Davis, Jo Ann
     Davis, Thomas M.
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hutchinson
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Scarborough
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Barr
     Brown (FL)
     Carson (IN)
     Conyers
     Coyne
     Culberson
     Cummings
     Hefley
     Hunter
     Keller
     Kirk
     Murtha
     Riley
     Rush
     Strickland
     Thomas
     Watts (OK)
     Wilson

                              {time}  1555

  Messrs. SIMMONS, RYAN of Wisconsin, GUTKNECHT, and TERRY, Mrs. 
GRANGER, Ms. DUNN, and Messrs. POMBO, JONES of North Carolina, 
GILCHREST, DOOLITTLE, TANCREDO, SCARBOROUGH, WELLER, BURTON of Indiana, 
SHADEGG and GRAHAM changed their vote from ``yea'' to ``nay.''
  Messrs. LARSON of Connecticut, SAWYER, and TIERNEY, Ms. DeGETTE, Ms. 
JACKSON-LEE of Texas, Mr. ROTHMAN, Mr. NADLER, Ms. SLAUGHTER, Mr. 
WEINER, and Ms. McCARTHY of Missouri changed their vote from ``nay'' to 
``yea.''
  So the motion to commit was rejected.
  The result of the vote was announced as above recorded.
  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.
  Mr. MOAKLEY. 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 215, 
nays 206, not voting 9, as follows:

                              [Roll No. 4]

                               YEAS--215

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Thomas M.
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Flake
     Fletcher
     Foley
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Scarborough
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--206

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)

[[Page 37]]


     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Hall (OH)
     Hall (TX)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E.B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--9

     Carson (IN)
     Ferguson
     Hefley
     Johnson (IL)
     Keller
     Murtha
     Riley
     Thomas
     Watts (OK)

                              {time}  1615

  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.

                          ____________________