November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 11989 Pelosi Scott Velazquez NOT VOTING—11 structions only if offered by the minority Pomeroy Serrano Vento Chapman Peterson (FL) Thurman leader or his designee. During consideration Poshard Skaggs Visclosky Fields (LA) Sawyer Tucker of the bill, no question shall be subject to a Rahall Skelton Volkmer Gutknecht Shadegg Weldon (PA) demand for division of the question. Rangel Slaughter Ward Montgomery Thornton Reed Smith (NJ) Waters The SPEAKER pro tempore (Mr. Richardson Spratt Watt (NC) b 1220 GOODLATTE). The gentleman from New Rivers Stark Waxman York [Mr. SOLOMON] is recognized for 1 Messrs. METCALF, LIGHTFOOT, Roemer Stokes Whitfield hour. Rose Studds Williams FRISA, KING, KOLBE, HOEKSTRA, Mr. SOLOMON. Mr. Speaker, for the Roybal-Allard Stupak Wilson and BOEHNER changed their vote from Rush Tanner Wise purposes of debate only, I yield 30 min- ‘‘yea’’ to ‘‘nay.’’ utes to the distinguished gentleman Sabo Tejeda Woolsey Mr. GORDON changed his vote from Sanders Thompson Wyden from Ohio [Mr. HALL], pending which I Saxton Torkildsen Wynn ‘‘nay’’ to ‘‘yea.’’ yield myself such time as I may Schiff Torres Yates So the motion to instruct was not consume. Schroeder Torricelli agreed to. Schumer Towns During consideration of this resolu- The result of the vote was announced tion, all time yielded is for the purpose as above recorded. NAYS—231 of debate only. The SPEAKER pro tempore. Without (Mr. SOLOMON asked and was given Allard Frisa Myrick objection, the Chair appoints the fol- Archer Funderburk Nethercutt permission to revise and extend his re- Armey Gallegly Neumann lowing conferees on H.R. 956: marks and to include extraneous mate- Bachus Ganske Ney From the Committee on the Judici- rial.) Baker (CA) Gekas Norwood ary, for consideration of the House Mr. SOLOMON. Mr. Speaker, House Baker (LA) Geren Nussle Bill, and the Senate amendment, and Ballenger Gilchrest Oxley Resolution 258 is a modified closed rule Barr Gillmor Packard modifications committed to con- providing for the consideration in the Barrett (NE) Gilman Parker ference: Messrs. HYDE, SENSENBRENNER, House without intervening point of Bartlett Goodlatte Paxon GEKAS, INGLIS of South Carolina, BRY- order of the bill, H.R. 2586, providing Barton Goodling Payne (VA) ANT of Tennessee, Mr. CONYERS, Mrs. for a temporary increase in the public Bass Goss Peterson (MN) CHROEDER ERMAN Bateman Graham Petri S , and Mr. B . debt limit. Bereuter Greenwood Pickett As additional conferees from the Mr. Speaker, the rule provides for 1 Bilbray Gunderson Pombo Committee on Commerce, for consider- hour of debate equally divided and con- Bilirakis Hall (TX) Porter ation of the House bill, and the Senate trolled by the chairman and ranking Bliley Hancock Portman amendment, and modifications com- Blute Hansen Pryce minority members of the Committee Boehlert Harman Quillen mitted to conference: Messrs. BLILEY, on Ways and Means. The rule provides Boehner Hastert Quinn OXLEY, COX of California, DINGELL, and for the adoption of the amendment re- Bonilla Hastings (WA) Radanovich WYDEN. ported by the Committee on Ways and Bono Hayworth Ramstad There was no objection. Means now printed in the bill together Brewster Hefley Regula Brownback Heineman Riggs f with four other amendments specified Bryant (TN) Herger Roberts in the Committee on Rules report. Bunn Hilleary Rogers PROVIDING FOR CONSIDERATION Those amendments include—and Bunning Hobson Rohrabacher OF H.R. 2586, TEMPORARY IN- Members ought to listen up, if they are Burr Hoekstra Ros-Lehtinen CREASE IN THE STATUTORY back in their offices—the amendments Burton Hoke Roth DEBT LIMIT Buyer Horn Roukema include, one that I authored that com- Callahan Hostettler Royce Mr. SOLOMON. Mr. Speaker, by di- mits the President of the United States Calvert Houghton Salmon rection of the Committee on Rules, I and this Congress to enact legislation Camp Hunter Sanford this year that will achieve a balanced Canady Hutchinson Scarborough call up House Resolution 258 and ask Castle Hyde Schaefer for its immediate consideration. budget no later than fiscal year 2002. Chabot Inglis Seastrand The Clerk read the resolution, as fol- Moreover, my amendment affirms that Chambliss Johnson (CT) Sensenbrenner lows: the Congress will not, and this is im- Chenoweth Johnson, Sam Shaw ES portant, will not enact another in- Christensen Jones Shays H. R . 258 Chrysler Kasich Shuster Resolved, That upon the adoption of this crease in the public debt limit until the Clinger Kelly Sisisky resolution it shall be in order without inter- President has signed that balanced Coburn Kim Skeen vention of any point of order to consider in budget legislation into law. Collins (GA) King Smith (MI) the House the bill (H.R. 2586) to provide for The second amendment is one nearly Combest Kingston Smith (TX) a temporary increase in the public debt identical to the one that was contained Cooley Klug Smith (WA) limit, and for other purposes. The following in the short-term continuing appro- Cox Knollenberg Solomon amendments shall be considered as adopted: Crane Kolbe Souder priations resolution. It will permit Crapo LaHood Spence (1) the amendment recommended by the Committee on Ways and Means now printed Medicare coverage of certain anti- Cremeans Largent Stearns cancer oral drug treatments for pros- Cubin Latham Stenholm in the bill; and (2) the amendments specified Cunningham LaTourette Stockman in the report of the Committee on Rules ac- tate and breast cancer. Davis Laughlin Stump companying this resolution. The previous The third amendment adopted by Deal Lazio Talent question shall be considered as ordered on this rule is a habeas corpus or death DeLay Leach Tate the bill, as amended, and any amendments penalty reform provision, taken from Dickey Lewis (CA) Tauzin thereto to final passage without intervening the Senate-passed anti-terrorism bill, a Doolittle Lewis (KY) Taylor (MS) motion except: (1) one hour of debate on the long overdue change in the now endless Dornan Lightfoot Taylor (NC) bill, as amended, which shall be equally di- Dreier Linder Thomas appeals system that is preventing the vided and controlled by the chairman and Duncan Livingston Thornberry execution of those who are convicted Dunn Longley Tiahrt ranking minority member of the Committee on Ways and Means; (2) one motion to amend murderers. Edwards Lucas Traficant The fourth amendment, authored by Ehlers Manzullo Upton by the chairman of the Committee on Ways Ehrlich McCollum Vucanovich and Means or his designee, which shall be the gentleman from Michigan [Mr. Emerson McCrery Waldholtz considered as read and shall be debatable for CHRYSLER] and developed by many Ensign McDade Walker twenty minutes equally divided and con- committees of this House, is legisla- Everett McHugh Walsh trolled by the proponent and an opponent; (3) tion to eliminate a major Cabinet de- Ewing McInnis Wamp one motion to amend by Representative Fawell McIntosh Watts (OK) partment, the Department of Com- Walker of Pennsylvania or his designee, merce, the first time that has happened Fields (TX) McKeon Weldon (FL) which shall be in order without intervention Flanagan Metcalf Weller in 40 years. Foley Meyers White of any point of order, shall be considered as read, and shall be debatable for forty min- Mr. Speaker, in addition to those Forbes Mica Wicker four amendments, the rule makes in Fowler Miller (FL) Wolf utes equally divided and controlled by the Fox Molinari Young (AK) proponent and an opponent; and (4) one mo- order consideration of a regulatory re- Franks (CT) Moorhead Young (FL) tion to recommit, which may include in- form amendment to be offered by the Franks (NJ) Morella Zeliff Frelinghuysen Myers Zimmer H 11990 CONGRESSIONAL RECORD — HOUSE November 9, 1995 gentleman from Pennsylvania [Mr. jobs being eliminated and exported to House- and Senate-passed reconcili- WALKER]. That amendment, which is other countries, to ensure the revital- ation bills. Has the President stepped debatable for 40 minutes, is a com- ization of our economy based on bal- forward to show how he would balance promise between already passed House ancing the Federal budget. the budget in 7 years in any way dif- and Senate regulatory bills that are What could be more understandable ferent? No, he has not. I even wrote to aimed at bringing commonsense relief and essential than this basic linkage the President and to the President’s to American businesses that are so sad- between the public debt and the need Director of the Office of Management to bring our Federal books into bal- dled with bureaucratic red tape and and Budget back when he was consider- ance? needless regulations. ing the budget resolution earlier this The rule also allows for the chairman Mr. Speaker, the President has made overtures in the direction in recent year inviting him, the President, to of the Committee on Ways and Means submit an alternative plan for bal- to offer a manager’s amendment, if months at least in his rhetoric. Now is ancing the budget in 7 years. We wrote necessary, debatable for 20 minutes. It the time for him to make that rhetoric a rule, we put out all of the proposals, does not waive points of order against a reality by joining with us in commit- and all of them balanced the budget in the amendment, so it must be a ger- ting to balancing the budget within the mane modification or something al- next 7 years. My amendment in this 7 years, even from the other side of the ready in the bill or a motion to strike. bill, if signed into law, will determine aisle, but no budget was presented by Finally, Mr. Speaker, the rule allows whether the President really is serious this President to balance that budget. I for a motion to recommit which, if con- about balancing the budget. When he indicated in that letter we would put taining instructions, may only be of- ran for President in 1992, then-Gov- his resolution out on this floor and we ernor Clinton said we could balance the fered by the minority leader or his des- would have an up-or-down vote on it, budget in just 5 years. That is when he ignee, a right that has been guaranteed and I have yet to receive any response was a candidate for the Presidency, in to the minority for the first time in whatsoever from Mr. Panetta or the other words, by 1997, or a year after his this Republican 104th Congress. President, and, my colleagues, I do not first term. think it was the fault of the U.S. Post- Mr. Speaker, nobody likes to extend Since he became President, he has or increase the debt limit, especially backed off that pledge that he made to al Service. We have the best postal me. I have not voted for one in 17 years the American people, and he has said, service in the entire world; the mail because I resent the fiscal irrespon- maybe we can do it in 10 years. Heck of went through to 1600 Pennsylvania Av- sibility of this Congress over all those a lot of difference between 5 and 10 enue. But we have yet to receive even years. On our side especially, we Re- years, my colleagues. As the 1996 presi- a post card in response. publicans are committed to ending and dential election grew even nearer, he Mr. Speaker, as the saying goes, the reversing the spiraling debt that has said, maybe we can do it in 8 or 9 years. time has come to fish or cut bait. The been piled on our children and our Most recently he indicated that, yes, it grandchildren. That is why we are link- sign in front of the White House could be done in 7 years as we had pro- though still reads ‘‘Gone Fishing.’’ So ing this debt limit extension to our posed and proved by our 7-year bal- commitment made in our contract to come on back, Mr. President, and let us anced budget package recently passed get on with the business that the peo- balance the budget. by this House. It is so important to the future of ple sent us here to conduct. Let us pass this Nation and its economy, to the b 1230 this rule, let us pass this bill, and let millions of American workers who have Members of this House, we are now in us pass our budget reconciliation bill. seen their wages being eroded and their difficult negotiations to reconcile the THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of November 8, 1995]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 52 67 Modified Closed 3 ...... 49 47 19 25 Closed 4 ...... 9 9 6 8 Total ...... 104 100 77 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of November 8, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 11991 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of November 8, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H.Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

H.R. 258, SUMMARY OF PROVISIONS OF RULE SUMMARY OF AMENDMENTS MODIFYING THE MCINNIS], a member of the Committee FOR H.R. 2586—TEMPORARY INCREASE IN THE TEXT OF H.R. 2586 on Rules, be allowed to manage the re- STATUTORY DEBT LIMIT (Considered as adopted by the adoption of mainder of time on this side during de- 1. Provides a modified closed rule. the rule) bate of this rule. 1. Solomon (NY)—Committing the Presi- 2. Provides for consideration in the House The SPEAKER pro tempore (Mr. dent and Congress to enacting in calendar without any intervening point of order. GOODLATTE). Is there objection to the year 1995 legislation to achieve a balanced request of the gentleman from New 3. Provides for the adoption of the amend- budget, as scored by CBO, by fiscal year 2002, ment recommended by the Committee on and affirming the intent of Congress not to York? Ways and Means now printed in the bill and enact a further increase in the public debt There was no objection. the amendments specified in the report of limit until the President has signed such leg- Mr. HALL of Ohio. Mr. Speaker, I the Committee on Rules accompanying this islation. (Printed in the Rules Committee re- yield myself such time as I may resolution. port on the rule) consume. 4. Provides for one hour of general debate 2. Medicare Coverage of Certain Anti-Can- (Mr. HALL of Ohio asked and was equally divided and controlled by the chair- cer Drug Treatments. (Printed in the Rules given permission to revise and extend man and ranking minority member of the Committee report on the rule) his remarks.) Committee on Ways and Means. 3. Habeas Corpus Reform—Text of Senate- passed habeas corpus reform provisions of S. Mr. HALL of Ohio. Mr. Speaker, 5. Provides one motion to amend by the 735, the anti-terrorism bill. (Printed in the House Resolution 258 is a modified chairman of the Committee on Ways and Rules Committee report on the rule) closed rule which will allow consider- Means or his designee, which shall be consid- 4. Chrysler (MI)—Compromise language on ation of H.R. 2586, a bill to increase ered as read and shall be debatable for 20 House-passed provisions from reconciliation temporarily the Federal debt ceiling. minutes equally divided and controlled by legislation dismantling the Department of the proponent and an opponent. As my colleague from New York, the Commerce. (Printed in the Congressional chairman of the Rules Committee, Mr. 6. Provides for one motion to amend by Record) SOLOMON, described, this rule provides Representative Walker of Pennsylvania or AMENDMENT MADE IN ORDER BY THE RULE FOR 1 hour of general debate, equally di- his designee, which shall be considered as SEPARATE CONSIDERATION read and shall be debatable for 40 minutes vided and controlled by the chairman 1. Walker (PA)—Compromise between and ranking minority member of the equally divided and controlled by the pro- House and Senate regulatory reform legisla- ponent and an opponent. tion (printed in the Congressional Record), Committee on the Ways and Means. 7. Provides one motion to recommit which non-amendable and debatable for 40 minutes Under this modified closed rule, only may include instructions only if offered by equally divided between the proponent and two amendments may be offered. One the Minority Leader or his designee. an opponent. amendment, to be offered by Mr. WALK- 8. Provides that during the consideration Mr. Speaker, I ask unanimous con- ER of Pennsylvania, changes and stand- of the bill, no question shall be subject to a sent that I be relieved and that the ardizes the way Federal agencies ana- demand for division of the question. gentleman from Colorado [Mr. lyze the effect of their regulations. In H 11992 CONGRESSIONAL RECORD — HOUSE November 9, 1995 addition, the chairman of the Commit- Vote for the debt ceiling and you get about breast cancer, talk about pros- tee on Ways and Means may offer any this regulatory reform package behind tate cancer. Those are amendments on germane amendment. curtain No. 1. And, you get this new this bill. Mr. Speaker, it is with reluctance habeas corpus behind curtain No. 2. Let us go further than that, and let that I oppose my committee on this And, if that is not enough for your us talk about the balanced budget. rule. However, my opposition is so deep vote, you get this mystery amendment This Government is eating its debt at a I feel I have no choice. behind curtain No. 3. rate of about $37 million an hour. That Increasing the debt limit is one of To make matters worse, the rule does is what we spend more than we bring the most solemn tasks that Congress not make in order important, improv- in, and, no, I am not going to yield. Is must face. The level of the debt ceiling ing amendments to the basic bill. it not about time that this Govern- is the amount of money that the Fed- The bill is only a short-term exten- ment stood up to the plate and said eral Government can borrow to pay its sion of the debt ceiling that might ‘‘We can’t do that anymore’’? Do my debts. As Federal borrowing increases, have to be extended next month. The colleagues think we are going to get the debt ceiling must be raised. Democratic members of the Rules this through if we do not have some Failure to raise the debt ceiling Committee attempted to make in order tough negotiating sessions? means the Federal Government cannot responsible amendments by Mr. GIB- What my good colleague from across pay its bills. By defaulting on our BONS, Mr. PAYNE of Virginia, and Mr. the aisle, and I say this with all due re- creditors, we risk driving up the cost of GEKAS that would provide more time to spect because I have a great deal of re- borrowing in the future. In 200 years, avoid a default. In each case, we were spect for him: what he is saying is, this Nation has never, ever defaulted denied along a straight party-line vote. ‘‘Let’s go into this battle unarmed. on its financial obligations. That is a The bill also contains unworkable re- Let’s let the President run this thing reputation we, as a Nation, cannot af- strictions on the Treasury Depart- the way he wants to run it.’’ We have ford to ruin. ment’s debt management. These are re- got to have some negotiating power on I want to emphasize that the need to strictions that have never been placed this side of Pennsylvania Avenue. We raise the debt ceiling is based on spend- on any President before. Again, in the got to know what we are doing here. ing decisions that have already been Rules Committee, we tried to strike We got to be willing to go in with some made. Now, the bills have come due the restrictions but the Republicans strength, and we are not doing it. and we must pay our debts. opposed us. I am not going to yield, but I cer- There is only one responsible course Mr. Speaker, I do not enjoy rhetori- tainly will yield to this gentleman as for this House today: To pass a simple, cal attacks on my friends on the other soon as I am finished, but of course the straight-forward bill that raises the side of the aisle. But this rule is a trav- gentleman has his own time as well. debt ceiling to a level that will protect esty of legislative complexity when the But talk about the habeas corpus re- the faith and credit of the United solution begs simplicity. This rule is a form. Americans all across this coun- States. highly partisan attempt to ram irrele- try are crying for reform in death pen- This bill does not do that. This rule vant, controversial Republican initia- alty cases in this country. We are not does not do that. going to get it otherwise. We have got This is what the rule does. It takes a tives through Congress. This rule gags the opposition. And this rule makes a to go in negotiations with strength. relatively simple bill—that is 6 pages Finally, of course the Department of mockery of our responsibility to the long—and adds a controversial, com- Commerce. I have yet to find somebody American people to protect our Na- pletely irrelevant 218-page proposal to can really look me in the eye and hon- tion’s financial reputation. abolish the Commerce Department. estly defend the Department of Com- The Nation needs a simple extension It makes in order a floor amendment merce. to add another controversial, and also of the debt ceiling now. The task before Mr. Speaker, I reserve the balance of completely irrelevant 112-page proposal us can be done with a 2-page bill, not a my time. to change the way Federal agencies monster packed with Republican wish Mr. HALL of Ohio. Mr. Speaker, I issue regulations. lists. yield myself such time as I may It also adds yet a third completely ir- Mr. Speaker, I am ashamed of the consume. relevant provision related to habeas Rules Committee for producing such a Mr. Speaker, I would just say to my corpus. rule. I urge defeat of the rule. I urge friend, the gentleman from Colorado These provisions have nothing to do defeat of the bill. [Mr. MCINNIS], that I think some of the with the debt ceiling. These provisions Mr. MCINNIS. Mr. Speaker, I yield amendments that he talked about of have nothing to do with protecting the myself such time as I may consume. course we have debated on the floor, credit and good name of the U.S. Gov- Mr. Speaker, first of all, and I say but we do not even know what is in the ernment. this constructively to my good friend, bill. These provisions are kindly referred the gentleman from Ohio [Mr. HALL], For example, a lot of these amend- to as sweeteners. That is, they were and that is I think that his staff needs ments came to us right before we start- added by the Republican leadership to to do a little more research on his ed the vote last night at about 10:30— ensure that enough Republicans would statement that this is the first time quarter to 11, and what used to be a vote to pass this bill. that the United States has defaulted or six-page bill, a bill that we have always That is profoundly disturbing. As could possibly default on its debt. That passed on debt limit, a very simple bill, Members of the House, it is our duty to is not true. If my colleague looks at where all these amendments were cast difficult votes when they are need- the gold clause which occurred in the added. As a matter of fact, the bill now ed for the future of our country. Yet first year of Franklin Roosevelt’s Pres- is over 300 pages. We had an amend- the Republican leadership cannot even idency, he will find that the United ment on habeas corpus, and nobody, get its own Members to vote for this States did in fact default on its debt, nobody, even came to the Committee bill without adding pandering riders. and that was upheld by the United on Rules and testified on it. There was And if these three sweeteners are not States Supreme Court, so I think at nobody that even spoke about it. All of bad enough, here’s the real kicker. the onset here to my good colleague a sudden we see that as a major amend- This rule makes in order a Republican across the aisle that we need to espe- ment that came before us, and these leadership amendment—on any ger- cially, when we speak to the other amendments continue to add just so mane subject—an amendment that body here, that we need to be accurate much addition, and if the gentleman could do almost anything—just in case in our historical facts. can tell me what is in these bills, what these other sweeteners are not enough. Second of all, I think it is very easy is in these amendments? I mean no- In other words, if it turns out at the to whine and complain about, look, body had any idea what was going on last minute that the Republican lead- what is on this bill, but I think what last night when we passed these ership has not included enough sweet- my colleague needs to do, instead of amendments to a simple debt-limit ex- eners, they can be like Monty Hall in complaining about the amendments tension. ‘‘Let’s Make a Deal,’’ and throw in a that are on the bill, take a look at Mr. STARK. Mr. Speaker, will the few more attractions. what those amendments contain, talk gentleman yield? November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 11993 Mr. HALL of Ohio. I yield to the gen- b 1245 he wants to talk about a political gam- tleman from California. Mr. STARK. Mr. Speaker, if the gen- ble, he had better talk about the $37 Mr. STARK. Mr. Speaker, I thank tleman will yield, I would ask the gen- million an hour that this country the gentleman from Ohio for yielding tleman, was it considered for the spends more than it brings in. The big- and would inquire of the gentleman screening of mammography and gest financial political gamble of this from Colorado, precisely my reason for colorectal? Many of these people would century is this deficit. This bill is inquiring, if he could explain the Medi- be dead by the time they get to take going to help us address that. care coverage of certain anticancer- this drug, because in our committee If the gentleman thinks we are going drug treatments, an issue on which we the Republicans voted against to be able to go down to the White never had hearings or never discussed, colorectal screening and mammog- House and go into that White House and could the gentleman enlighten us raphy, which, of course, would negate unarmed to try and defend ourselves or as to what exactly this amendment is some of these drugs being administered to try and negotiate with that Presi- other than the written bill which does at the point at which it is too late. dent, he is wrong. We have to be pre- not describe the bill, or how much it Mr. WALKER. Mr. Speaker, I do not pared for some very tough negotia- would cost, or why it was in there? know under whose time the gentleman tions. The President is a good nego- Mr. MCINNIS. Mr. Speaker, I yield is speaking, but the fact is what we are tiator. We would be foolish not to go in myself such time as I may consume. putting in the bill right now would deal there as well-equipped as we could pos- Mr. Speaker, first of all, again to ad- with the question of allowing people to sibly be. dress the comments of the gentleman take available treatments that, be- When we talk about the gamble, let from California or my colleague, the cause of the outmoded nature of Medi- us talk about the overall picture of the gentleman from Ohio [Mr. HALL], let us care at the present time, they cannot gamble, what we have to lose in this talk about the pages. The gentleman get onto the prescribed drug list. We country if we do not do something says in the past we have only had six are going to say flatly that we think about this deficit. pages. In the past we have not had the that it is high time that Medicare gets Mr. Speaker, I reserve the balance of kind of negotiations we are facing up to date and allows people to take my time. right now. I think my colleague over these treatments which are available Mr. HALL of Ohio. Mr. Speaker, I there would freely admit that the in the rest of the marketplace. yield 3 minutes to the gentleman from toughest negotiations we have seen in Mr. MCINNIS. Mr. Speaker, I reserve Florida [Mr. GIBBONS], former chair- Congress in a long time are going to be the balance of my time. man of the Committee on Ways and coming up in the next couple of weeks. Mr. HALL of Ohio. Mr. Speaker, I Means. We have got a President down there yield 3 minutes to the gentleman from Mr. GIBBONS. Mr. Speaker, as we so who has promised to veto almost ev- the Massachusetts [Mr. MOAKLEY], well know, there is only one reason we erything we send to him. We have got former chairman of the Committee on are here today. That is because the a President who, when he ran for office, Rules. Speaker and his party have been un- said he would balance the budget in 5 Mr. MOAKLEY. Mr. Speaker, I thank able to do the things that their duties years. That was later changed to 8 my colleague, the gentleman from require them to do. This debate that years, then 10 years, and then about 2 Ohio, for yielding time to me. we are having right now should have weeks ago it went back to 7 years. Mr. Speaker, the debt limit is not a been finished in August, at the latest, These are the kinds of negotiations we political football. of this year. are dealing with. The debt limit extension is the mech- If our constituents want to know That 300 pages or whatever amount anism by which we make sure this what bribery looks like, this is a pic- of pages, that is not frivolous paper put country pays its bills. I think that is a ture of it right here, these 400 pages. on there. Those are some pretty tough very important issue, one that should Who are they trying to bribe? They are negotiating points that we have got to not be trifled with, under any cir- trying to bribe their own Republican deal with, and I think it is perfectly in cumstances. Members on voting for two lines, to order, perfectly in order for us to ex- But today we will vote on a debt strike out a figure for the debt ceiling pect this side of the House, for the limit extension loaded down with par- and insert a new figure. All the rest of House as a whole, to go into these ne- tisanship. This is a very dangerous this bill is pure bribery, nothing else. gotiations as well armed as possible. gamble on the part of congressional That is all. We have got a lot to lose here. We have Republicans. They are not trying to bribe anybody got to do something about this na- Although I am opposed to raising the except their own members, their own tional deficit. debt limit, I recognize it is something members of their own Republican party Mr. STARK. Mr. Speaker, will the we must do. If we do not, for the first to vote for this bill. They are not bar- gentleman yield briefly? time in the proud history of the United gaining with us, they are not bargain- Mr. MCINNIS. I yield to the gen- States, we will default on our loans. To ing with the President, because we tleman from California. some that may not sound very real. would tell them this, Mr. Speaker, as Mr. STARK. Mr. Speaker, this is to But let me tell you, this political gam- we have told you: Do the job that you ask if the gentleman would describe ble could affect practically everyone. are supposed to do. that Medicare provision. You are gambling with the fiscal integ- There have to be 13 appropriations Mr. MCINNIS. The gentleman is cor- rity of the United States. You are gam- bills passed, Mr. Speaker. Two of them rect. I am not ignoring the gentleman’s bling with people’s pension plans. You have become law. Eighty-seven percent question. I will, however, have a speak- are gambling with people’s mortgages. of all the money that we are talking er here who can speak a little more You are gambling with people’s payroll about is still floating around out there profoundly on that issue. deduction plans. The debt limit exten- somewhere, because you have not been The gentleman is here. sion is a very serious, far-reaching able to get a majority of your people Mr. Speaker, I yield such time as he issue and we owe it to the people of who control this place to vote for what may consume to the gentleman from this country to put politics aside and you advocate. That is how simple it is. Pennsylvania [Mr. WALKER]. act responsibly. Mr. Speaker, there is a way to get ad- Mr. WALKER. Mr. Speaker, briefly, I urge my colleagues, defeat this mission to the White House. That is to what we are allowing to have happen in rule, let us pass a clean debt limit. pass your budget. You have not passed Medicare is for a cancer-fighting drug The fiscal integrity of the United your budget. Your budget, I am on the that is now not permitted under Medi- States is much too important to be conference committee on your budget, care to be taken orally for fighting sacrificed on the altar of partisanship. Mr. Speaker, and you have not even breast cancer and a treatment that is Mr. MCINNIS. Mr. Speaker, I yield called a meeting of the conferees in 2 not permitted to be taken orally for myself such time as I may consume. weeks to do this. And you are com- fighting prostate cancer would now be Mr. Speaker, my good colleague and plaining about the President not invit- permitted under the language which is ranking member of the Committee on ing you to sit down and cut steaks with included in the bill. Rules talks about a political gamble. If him? H 11994 CONGRESSIONAL RECORD — HOUSE November 9, 1995 When you get your act in order, Mr. pened between the time a Republican major- Rep. Joe Scarborough—‘‘We have to have a Speaker, when you get your bills ity was elected in November and opening day three-fifths supermajority now to pass any passed and you get them down there, of this session in January. It was a quiet rev- tax increases on middle class citizens across then, obviously, the President will be olution within the Republican conference this country’’—Cong Rec H1898, Thursday, that led to narrowing the scope of the rules February 16. in a position to speak and be in a posi- change away from covering all tax increases Rep. Joe Scarborough—‘‘When you pass a tion to negotiate. But he cannot nego- down to just tax rate increases. Did we say: taxpayer protection plan that we passed the tiate with somebody who does not have ‘‘No tax increases?’’ Well, we meant, ‘‘No tax first day of Congress, that requires this body a plan, who has not done their work, rate increases.’’ to pass new taxes increase by a three-fifths who cannot even get enough people on Republicans made a solemn promise—we vote in the 104th Congress, you are saving their own side to vote on it without won’t raise income tax rates without a jobs . . .’’—Cong Rec H2031, Wednesday, Feb- three-fifths vote; however, (READ THE FINE adding all of this garbage, all of this ruary 22. PRINT) we can raise income taxes, payroll Rep. Gil Gutknecht—‘‘And we also re- garbage, all of this bribery to get a taxes, excise taxes, effective rates, and ev- quired a three-fifths vote to pass any kind of simple debt ceiling passed. erything short of statutory rate increases tax increase’’—Cong Rec H6824, Tuesday, Mr. Speaker, you know, we have with impunity. July 11. passed debt ceilings, in the time that Even this narrow reading now proves too Every single Member speaks broadly of all you have been a Member of this body, difficult for Republicans to live with. It took income tax increases. No one even mentions that were only two or three lines long. no longer than the Contract with America rates, let alone a more limited reading. It is tax bill to provoke an attempt to further only after their own bills are caught by the It is a simple amendment. You strike narrow the interpretation of tax rates. Did out one figure and you insert another rule that they try to insist on a narrower we really say ANY federal income tax rate reading. figure. But you cannot get your folks increase? Maybe we should limit it further. The gist of Chairman Solomon’s views is to vote for it. You are blaming the And if we can’t limit it, let’s waive it. expressed in the Rules Committee report on President. You were blaming the Chairman Solomon for example has sug- this rule. He boldly asserts, without argu- Democrats. gested that the rule be further narrowed, ment or evidence, that there were no viola- Mr. Speaker, you are to blame. The limiting it to a specific type of bracket rate tions of clause 5(c) in the reconciliation bill increase, as he claims was the original in- and that the rule is now being applied too Republicans are to blame. They cannot tent. There is nothing in the legislative his- get their own House in order. They broadly by others. tory to support a further narrowing of the It came as a great surprise to find this bold cannot get a majority to vote for their rule. The legislative history in fact supports new (and controversial) position in the Rules own proposals. the broadest possible interpretation of the Committee report. The first reason it is sur- Mr. HALL of Ohio. Mr. Speaker, I rule since every supporter speaks broadly prising is because I wrote to Chairman Solo- yield such time as he may consume to about the rule touching all tax increases. mon in May (see attached letters) requesting the gentleman from Massachusetts Here’s how Republicans descried their rule that the Rules Committee hold hearings on change at the time it was adopted: [Mr. MOAKLEY]. the application of the new three-fifths vote Rep. Dick Armey—‘‘House rules will now requirement. In his June 12 response, Chair- Mr. MOAKLEY. Mr. Speaker, I ask require a three-fifths majority to raise man Solomon explained it ‘‘would not be unanimous consent to insert extra- taxes’’—Cong Rec H31, Wednesday, January useful’’ for the Rules Committee to hold neous material in the RECORD and that 4. Rep. John Boehner—‘‘. . . and we decided hearings because: it appear at the end of the debate on ‘‘We [on the Rules Committee] are gen- to change the rules to require a three-fifths House Resolution 245 in the permanent erally considered as arms of our respective majority to raise taxes’’—Cong Rec H127, RECORD. party leaderships. We should not be in the Thursday, January 5. The SPEAKER pro tempore (Mr. Rep. Gerry Solomon—‘‘Mr. Speaker, the position of trying to second guess the Chair’s GOODLATTE). Is there objection to the tax-and-spend Democrats are at it again. rulings by holding after-the-fact ‘‘reviews’’ request of the gentleman from Massa- They are suing us Republicans, do you be- of those rulings, let alone attempt to dictate chusetts? lieve it, to overturn our rules change that re- what interpretations the Chair should use in There was no objection. quires a three-fifths majority vote to raise the future.’’ It is also surprising to find controversial The material referred to is as follows: taxes. ‘‘The three-fifths majority vote to raise new interpretations in the Rules Committee REPUBLICANS WAIVE THREE-FIFTHS VOTE taxes will stand as a hindrance to any Demo- report because of the long-standing tradition REQUIREMENT ON TAX RATE INCREASES AGAIN crat attempt to foist more taxes on the of making the reports extremely brief and The rule for consideration of the reconcili- American people. There ain’t going to be any purely technical. The Rules Committee is ation bill once again waives the new rule more’’—Cong Rec H1469, Thursday, February specifically exempt from many requirements (clause 5(c) of rule XXI) requiring a three- 9. on committee reports, because of the long- fifths vote on any measure carrying a federal Rep. Joe Barton of Texas—‘‘This country standing tradition. In particular, the Rules income tax rate increase, as did the rule for was founded on the principle of no taxation Committee is the only House committee not consideration of the bill cutting Medicare. without representation. Today many Ameri- required to provide additional time for dis- The reconciliation bill raises taxes on mil- cans believe that principle has been violated senting views to be included in the report. lions of American working families by modi- and that their elected Representatives in While the Rules Committee report appears fying the earned income tax credit. The bill Washington have taxed them so that they to be from the entire Committee, it should makes those who invest venture capital in can spend money on the special big-spending be noted that the language was not shared qualified jobs-creating small businesses pay interests in Washington, DC. To correct this with any Democratic member on the Com- a higher rate of federal income tax than they said situation the new Republican majority mittee until after the report was filed. The would under existing law. This is the same has now introduced section 106 of the rule language in the report is clearly controver- tax rate increase that provoked an attempt change package. Section 106 would require a sial. During mark-up, I moved to strike the to appeal the ruling of the Chair. The rec- three-fifths vote to increase income taxes’’— waiver of the three-fifths vote requirement onciliation bill raises income tax rates in Cong Rec H70, Wednesday, January 4. (Republicans voted it down on a straight the new Medicare provisions and includes Rep. Gary Franks—‘‘Under this [rules] party line vote) and Democratic members other rate increases within the ambit of the package, any income tax increase must now strongly expressed their views during debate new rule. be approved by a three-fifths majority of the on that motion. It is the considered opinion Republicans have backtracked on their House of Representatives’’—Cong Rec H43, of the Democrats on the Rules Committee promise to use this new rule to restrict tax Wednesday, January 4. that the reconciliation bill includes tax rate increases. They have voted for tax hikes on Rep. Jon Fox—‘‘The goal of this rule is increases within the meaning of clause 5(c) working families and waived the new rule twofold. First, it will require three-fifths and that the rule was never intended to be without a second thought. majority vote for tax increase measures and applied narrowly to bracket increases—at Speaker Gingrich and the Republicans amendments’’—Cong Rec H63, Wednesday, least, not until Republicans found them- promised before last November: if we are January 4. selves running afoul of it constantly. elected, we won’t raise your taxes. As the Rep. Jim Saxton—‘‘As you know, this We hope the majority will return to the Speaker said, ‘‘Those of us who ended up in amendment to the House rules provides for a traditional Rules Committee report and will the majority stood on those steps and signed three-fifths or 60 percent vote as a necessity stop using the report to include clearly con- a contract and here is what it says: ‘The new to pass any income tax increase’’—Cong Rec troversial statements or will share the lan- Republican majority will . . . require a H63, Wednesday, January 4. guage in advance and permit those opposed three-fifths majority vote to pass a tax in- Rep. Randy Tate—‘‘I am in favor of the to include dissenting views. crease.’ ’’ (Congressional Record, January 4, proposal of requiring a 60-percent majority But let me return to the subject at hand. 1995, page H6) In fact the early rhetoric ex- in order to raise taxes so that the taxing The Contract with America tax bill raised tended beyond taxes to encompass all reve- ways of Congress are gone forever’’—Cong the capital gains rate on those who invest in nue increases. But something funny hap- Rec H68, Wednesday, January 4. qualified jobs-creating small businesses. A November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 11995

similar provision is in the reconciliation bill. The JCT’s ‘‘deadwood’’ argument is even HOUSE OF REPRESENTATIVES, The increase in the capital gains rate for weaker with respect to the income tax rate Washington, DC, May 4, 1995. qualified investors raised the issue of wheth- increase on qualified small business gains. Hon. CHARLES W. JOHNSON III, er the Contract with America tax bill re- Compare the treatment of this type of gain Parliamentarian, House of Representatives, quired a 3⁄5 vote. On April 5, a series of par- with collectibles. The bill did not affect the Room H–209, Capitol Building, Washington, liamentary inquiries led to a ruling of the taxable portion of the gain from collectibles DC. Chair and a failed attempt to appeal the rul- (gains remain 100% taxable) and retained the DEAR MR. JOHNSON: We are writing to re- ing of the Chair. That led to an exchange of maximum 28% rate for this type of property. quest that you personally review clause 5(c) letters a few months ago about the ruling of Had the bill not done so there would have of rule XXI and the ruling of April 5, 1995. As the Chair. In that exchange, even Speaker been an income tax rate increase on gain you recall, clause 5(c) of rule XXI was added Gingrich noted that the Chair’s ruling ‘‘did from collectibles. The bill also did not affect on opening day, January 4, 1995, as part of not seem either satisfactory or overly com- the portion of gain from qualified small busi- pelling at the time . . .’’ ness stock subject to taxation. However, the House Resolution 6. The new rule requires a 3 bill did not retain the existing 28% maxi- ⁄5 majority to pass or agree to a bill, joint WASHINGTON, DC, mum rate for this stock unlike the treat- resolution, amendment or conference report May 4, 1995. ment of collectibles. Therefore, the bill in- ‘‘carrying a Federal income tax rate in- Hon. GERALD B.H. SOLOMON, creases the income tax rate on this type of crease.’’ Chairman, Committee on Rules, House of Rep- property. During debate on H.R. 1215, Contract with resentatives, Washington, DC. The JCT further argues that the bill re- America Tax Relief Act of 1995, the new rule DEAR MR. CHAIRMAN: I am writing to re- peals one maximum rate (28%) and leaves in- quest that the Rules Committee hold hear- was interpreted in a peculiar way to permit stead a higher rate (39.6%) but does not ex- ings to review clause 5(c) of rule XXI in light a simple majority vote to pass the bill even plicitly increase the rate. By this reasoning, of recent interpretations. Clause 5(c) of rule though the bill carried a provision repealing the bill would have required a 3/5 majority XXI was added on opening day, January 4, a maximum tax rate of 28% on the 50% of for passage only if it had specifically in- 1995, as part of House Resolution 6. The new gain from qualified investments in job-creat- cluded a rate higher than 28% instead of sim- rule requires a 3⁄5 majority to pass or agree ing small businesses that is taxable under ply allowing the 39.6% rate to kick in. For to a bill, joint resolution, amendment or present law and leaving in its place a maxi- example, a 29% tax rate would have been conference report ‘‘carrying a Federal in- mum rate of 39.6% on the same 50% of gain considered an income tax rate increase even come tax rate increase.’’ from such investments that will be taxable though 39.6% is not an increase. During debate on H.R. 1215, Contract with under the bill. America Tax Relief Act of 1995, the new rule Relying solely on the advice of the JCT, was interpreted in a peculiar way to permit the Chair ignored the position of the Treas- We are enclosing copies of letters sent to a simple majority vote to pass the bill even ury Department. Treasury had consistently Speaker Gingrich and to the Chairman of the though the bill carried a provision increasing called the provision in question a federal tax House Rules Committee, Representative Sol- from 28% to 39.6% the maximum rate of tax rate increase from its first testimony in Feb- omon, and one set of the attachments sent to on the taxable portion of capital gains in- ruary hearings on H.R. 1215 through the let- each. ter dated April 5 to Representative Moran come. The bill increases the statutory maxi- We hope that the parliamentarians will mum tax rate by repealing section 1(h) of the from Assistant Secretary for tax policy—Mr. treat the ruling of April 5, 1995 (Congres- existing Internal Revenue Code which pro- Leslie Samuels—reiterating Treasury’s posi- sional Record, H4316–H4319) as merely an in- vides that the maximum rate on taxable cap- tion. The April 5 letter includes a quotation ital gains can’t exceed 28%. from the February 22 testimony and the let- cident in which the Chair relied on expert One particular capital gain to which the ter is also attached. advice to reach its conclusion. We hope that other expert advice will be sought in decid- existing law maximum 28% rate applies is I also suggest the Rules Committee look described in the Internal Revenue Code sec- into the role of committees giving advice to ing the applicability of clause 5(c) of rule tion 1202 titled ‘‘50-percent exclusion for gain the Chair. The decision of April 5 brings into XXI and not simply the advice of the Joint from certain small business stock.’’ Section question the use of any partisan organiza- Committee on Taxation (JCT). We note the 1202 describes investments that qualify for tion in giving advice to the Chair. The Budg- Chair disregarded the advice of the Treasury the exclusion because they are investments et Act requires the Chair to turn to the Department which had consistently called in job-creating small businesses. Under ex- Budget Committee—rather than the Con- the provision an income tax rate increase, isting law, other gains cannot take advan- gressional Budget Office—to determine esti- from its first testimony on the bill in Feb- tage of the 50% exclusion. mated levels of spending in deciding the ap- ruary. We hope the April 5 ruling does not H.R. 1215 imposes a higher statutory rate plicability of Budget Act points of order. stand for the proposition that the staff ad- on all capital gains including investments in While the Budget Committee has not so far vice of the JCT is the arbiter in these mat- job-creating small businesses. The statutory abused its responsibility, the ruling of April ters even when the Treasury Department dis- rate increase results in an increase from 14% 5 reflects badly on the practice of relying on agrees. to 19.8% in the effective maximum tax rate the advice of committees. The rulings of the on qualified small business investments. In Chair must be objective, nonpartisan and re- In addition, it would be a mistake to rely other words, the bill raises the maximum flect the traditions and practices of the on the line of reasoning the Joint Committee statutory rate on all capital gains but cuts House. on Taxation staff employed—which we be- the effective capital gains tax rate for every- lieve to be faulty—and we hope it will not be one except those who invest in job-creating Again, I urge you to hold hearings on this new rule in light of the interpretation of given the weight of precedent. The JCT staff small businesses. letter also opined that the new rule was not The Chair relied on ‘‘expert’’ advice to con- April 5. The ruling of April 5 establishes a narrow interpretation of the applicability of intended to apply to effective rate increases. clude that a maximum rate of 39.6% is not an Even if effective tax rate changes are outside increase over a maximum rate of 28%. Expert clause 5(c) of rule XXI. The narrow approach the reach of clause 5(c), JCT’s expertise does advice is surely appropriate for the Chair to is directly contrary to the expansive rhetoric not include the intent of House rules rely on, especially on a matter of first im- that accompanied House passage of the rules pression such as this and especially if it change; the discussion on opening day fo- changes. We hope the April 5 decision does comes from a nonpartisan source. Attached cussed on how this change would inhibit any not give special weight to the views of the you will find the letter from the staff of tax increase and the illustrative lists in- JCT in determining the intent of the stand- Joint Committee on Taxation (JCT) on cluded in the Record contained a wide range ing rules. of tax increases, most of which would have which the decision is based. Unfortunately, In conclusion, we urge you to review the been excluded by this ruling. In one of its JCT’s advice was hastily put together and ruling of April 5 carefully. first tests, the intent of the rules change ap- the reasoning employed is plainly open to Sincerely, pears to be undermined. question. RICHARD GEPHARDT, The JCT argues that because the bill ex- Does the April 5 ruling render ineffective Minority Leader. pands the category of gains that can take ad- the new clause 5(c)? Does the ruling call on SAM GIBBONS, vantage of the 50% exclusion, the 28% maxi- us to redraft clause 5(c) so that it can work? Ranking Minority mum rate is deadwood, and the bill repeals These and similar questions deserve our Member, Ways and the provision only because it is inoperative. careful attention and a full and public airing That is simply not true; if the bill did not re- through the normal committee hearing proc- Means. peal section 1(h) those taxpayers in the top ess. JOHN JOSEPH MOAKLEY, bracket could take advantage of both the ex- Sincerely, Ranking Minority panded 50% exclusion on other gains and a JOHN JOSEPH MOAKLEY, Member, Committee maximum rate of 28% on those gains. Ranking Minority Member. on Rules. H 11996 CONGRESSIONAL RECORD — HOUSE November 9, 1995

HOUSE OF REPRESENTATIVES, Ranking Minority The principle you enunciate should apply Washington, DC, May 4, 1995. Member, Committee with even greater force to the Rules Com- Hon. NEWT GINGRICH, on Rules. mittee than to any other entity since we are Speaker, House of Representatives, Room H–204, generally considered as arms of our respec- Capitol Building, Washington, DC. HOUSE OF REPRESENTATIVES, tive party leaderships. We should not be in DEAR MR. SPEAKER: The more we consider COMMITTEE ON RULES, the position of trying to second guess the the ruling of the Chair on April 5 with re- Washington, DC, June 12, 1995. Chair’s rulings by holding after-the-fact ‘‘re- spect to clause 5(c) of rule XXI—on the ques- Hon. JOHN JOSEPH MOAKLEY, views’’ of those rulings, let alone attempt to tion of whether the bill H.R. 1215, as amend- Ranking Minority Member, Committee on Rules, dictate what interpretations the Chair ed, carried a Federal income tax rate in- H–152 the Capitol, Washington, DC. should use in the future. crease and therefore required a 3⁄5 majority DEAR JOE: I am enclosing for your informa- If, on the other hand, resolutions are intro- vote for passage—the more outraged we be- tion the letter I have received from the Par- duced and referred to us that amend existing come. We are writing to request that you liamentarian, Charles W. Johnson, in re- rules to clarify their application, then we personally review the ruling and take what- sponse to your request for further informa- certainly have authority to consider such ever action is necessary to prevent such an tion on the interpretation of clause 5(c) of proposals as matters of original jurisdiction. outrage from recurring. rule XXI, the three-fifths vote requirement I would be willing to further discuss with H.R. 1215, Contract with America Tax Re- for tax rate increases. you any such clarification resolution on lief Act of 1995, as amended, included a provi- I think you will see from the explanation clause 5(c) that you or any other Member sion repealing a maximum tax rate of 28% on of the circumstances surrounding the April 5 might introduce. In the alternative, the Par- capital gains income and leaving in its place ruling of the Chair that this is indeed a very liamentarian has indicated that he would a maximum rate of 39.6%. The provision, on difficult and complex area that does not al- welcome any input you or others might have its face, is a statutory income tax rate in- ways readily lend itself to an instantaneous, towards further clarification of the rule. crease though it is also an effective rate in- informed ruling. In some cases, such as on crease only on gains from qualified invest- the March 24, 1995, Mink amendments to the In conclusion, I again want to thank you ments in job-creating small businesses that welfare reform bill, the question of whether for raising the questions you have. You have are subject to favorable tax treatment (50% a tax rate increase was involved was ‘‘self- made a valuable contribution to fleshing-out exclusion) under current law. evident.’’ In other instances, such as the the application of this important new House Essentially, the Chair relied on ‘‘expert’’ April 5 situation, there were numerous inter- reform provision. I greatly appreciate your advice to conclude that 39.6 is not a bigger related and technical provisions involved on interest in wanting this super-majority vote number than 28. Imagine if you had hired which even the most objective of observers requirement for tax rate increases to be ap- outside counsel on a personal tax matter and could disagree. plied and enforced in the fairest and most ef- the attorney advised you that a law did not I appreciate your raising the question for fective manner possible. increase your tax rate even though it re- further clarification. Obviously, this is still Sincerely, pealed a maximum rate of 28% and left in its not a matter which has been fully and finally GERALD B. SOLOMON, place a maximum rate of 39.6%. Would you resolved, and the Parliamentarian welcomes Chairman. ever again turn to that tax counsel? further input from any interested party. Just Enclosures. Expert advice is surely appropriate, espe- as with clause 5(b) of rule XXI, regarding cially on matters of first impression such as what constitutes a tax, this is an issue on HOUSE OF REPRESENTATIVES, this and especially if it comes from a non- which interpretations, guidelines, policies THE SPEAKER’S ROOMS, partisan source. The Joint Committee on and precedents will evolve as the Chair is Washington, DC, June 9, 1995. Taxation (JCT) staff advice, however, was presented with new situations and questions. Hon. GERALD B.H. SOLOMON, hastily put together and the reasoning em- However, two obvious lessons can be Chairman, Committee on Rules, U.S. House of ployed is plainly open to question. learned from the April 5 situation regardless Representatives, Washington, DC. The rulings of the Chair must be objective, of one’s position on the ruling. First, Mem- DEAR MR. CHAIRMAN: This is in response to nonpartisan and reflect the traditions and bers who wish to raise or oppose points of your letter of May 9, 1995, seeking my re- practices of the House. The conclusion order are well-advised to present their argu- sponse to questions raised by Representative reached in the April 5 ruling is so contrary ments and background information to the Moakley in a letter to you. Those questions to common sense that it must be questioned. Parliamentarian, preferably in writing, well concern clause 5(c) of rule XXI, which re- Relying solely on the advice of the JCT, in advance of the point of order being made quires a three-fifths vote for approval of the Chair ignored the position of the Treas- in order to ensure the fullest and fairest con- specified propositions ‘‘carrying a Federal ury Department. The Treasury Department sideration of all sides of the question and the income tax rate increase,’’ and the interpre- had consistently called the provision in ques- most objective and informed ruling. tation of that rule by the Chair on April 5, tion a federal tax rate increase from its first Second, committees and Members should 1995. You ask that I comment on the extent testimony in February in hearings on H.R. be especially careful in drafting bills and to which the Chair relied upon advice from 1215 through the letter dated April 5 to Rep- amendments to avoid potential points of the Joint Committee on Taxation in this in- resentative Moran from Assistant Secretary order that their provisions may violate a stance and in past instances involving tax for tax policy—Mr. Leslie Samuels—reiterat- House rule. This also should involve advance legislation. ing Treasury’s position. The April 5 letter in- consultation with the Parliamentarians to cludes a quotation from the February 22 tes- be safe. Clause 5(b) of rule XXI, prohibiting tax and timony and the letter is attached. I cite these two lessons without prejudice tariff measures in bills reported from a com- Finally, the ruling of April 5 establishes an to either side since I have not formulated mittee not having that jurisdiction, or in extraordinarily narrow interpretation of the any final position on the intricate and inter- amendments to such bills, was adopted in applicability of clause 5(c) of rule XXI. The related issues raised by the ruling in ques- 1983. Over the ensuing 12 years, the Office of narrow approach is directly contrary to the tion. Frankly, not being a tax lawyer, I am, the Parliamentarian has developed advice expansive rhetoric that accompanied House to quote from the Parliamentarian’s first re- for the presiding officers of the House, Mem- passage of the rules change; the discussion action to the question, still ‘‘perplexed by bers, and staff, on interpretations of that on opening day focused on how this change the complexity’’ of the issue. rule. Rulings from the Chair based on that would inhibit any tax increase; the illus- I am satisfied by the Parliamentarian’s as- advice are documented in section 846b of the trative lists included in the Record contained surance in response to your second question House Rules and Manual. Our analysis of a wide range of tax increases, most of which that the Chair will not rely exclusively on provisions alleged to constitute taxes or tar- would have been excluded by this ruling. In any committee or entity in determining the iffs often has evolved through consultation one of its first tests, the intent of the new applicability of clause 5(c) or rule XXI. The with staff of the Committee on Ways and rule appears to be undermined. Chair does have a responsibility, as I earlier Means and other committees having perti- Again, we urge you to personally review mentioned, to consult with a variety of nent, substantive expertise. Over time, we this ruling (i) to see whether clause 5(c) of sources and experts in developing the best have been able to articulate guidelines, e.g., rule XXI must be redrafted to be an effective possible ruling. for distinguished taxes and tariffs on the one deterrent to Federal income tax rate in- As to the request in your May 4 letter that hand and user or regulatory fees and other creases and (ii) to take whatever steps are the Rules Committee ‘‘hold hearings to re- forms of revenue on the other. Some of those necessary to prevent any further outrageous view clause 5(c) of rule XXI in light of recent guidelines were formally enunciated by rulings of the Chair. interpretations,’’ I do not think this would Speaker Foley on the opening day of the 102d Sincerely, be useful for the reasons stated on page 3 of Congress (Jan. 3, 1991, pp. H29–31, H507), and RICHARD GEPHARDT, your letter regarding ‘‘the role of commit- have been reiterated in the two succeeding Minority Leader. tees giving advice to the Chair’’ and ‘‘the use Congresses (Jan. 5, 1993, p. H59; Jan. 4, 1995, SAM GIBBONS, of any partisan organization giving advice to p. H110). The Office of the Parliamentarian Ranking Minority the Chair’’. As you put it so well, ‘‘The rul- did not consider it necessary to consult di- Member, Ways and ings of the Chair must be objective, non- rectly with the Joint Committee on Tax- Means. partisan and reflect the traditions and prac- ation in the development of general guide- JOHN JOSEPH MOAKLEY, tices of the House.’’ lines under clause 5(b). November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 11997 Clause 5(c) of rule XXI was adopted by the at p. 35). Thus, nothing in the committee re- nor shall any table of contents, table of cross House on the opening day of the 104th Con- port suggested that the rate of tax on capital references or similar outline, analysis or de- gress (H. Res. 6, Jan. 4, 1995) with an expla- gains for any taxpayer would be increased in scriptive matter relating to the contents of nation reiterating the language of the rule, any real or effective way. this title be given any legal effect. itself, following reports that earlier versions The concerns expressed by Representatives (26 U.S.C. 7806(b)). Even if one applies this discussed in the Republican Conference had Gephardt, Gibbons, and Moakley, in their standard of statutory construction and ac- proposed to apply the requirement of a letters of May 4, 1995, to the Speaker, to you, cords no weight to the caption of section three-fifths vote to all increases in income and to me, prompted me to ask Mr. Kies to 1(h), the operative language immediately fol- tax revenue or even to all increases in reve- elucidate his analysis of April 5. I enclose his lowing the caption does not rule out that the nue. response, dated May 12, 1995, for your infor- provision establishes a ‘‘rate’’ of tax on in- The rule has been found applicable to re- mation. As you can see, Mr. Kies remains come, as opposed to merely establishing a quire a three-fifths vote only once, on an convinced of the correctness of his advice to ceiling on the amount of a taxpayer’s liabil- amendment offered by Representative Mink Chairman Archer on April 5. ity. On this question I continue to seek input to the Welfare Reform bill (H.R. 4) on March In both of his letters, Mr. Kies proposes from all interested parties. 24, 1995. That amendment, which did not re- several alternate arguments, each conclud- In conclusion, I can only assure you and ceive even a majority vote, proposed a direct ing that the provisions contained H.R. 1215 the Members who have corresponded with us increase in the top marginal rate of tax on did not constitute a Federal income tax rate on this subject that I would not advise the corporate income in section 11 of the Inter- increase within the meaning of clause 5(c) of Chair to rely exclusively on a single entity nal Revenue Code of 1986. The Parliamentar- rule XXI. or to be totally reliant on any single input in ian did not seek specialized expertise in de- The first essential question yet to be prop- determining the applicability of clause 5(c) veloping advice for the Chair on that occa- erly determined is whether the new rule ap- of rule XXI or the intent of the House in sion because it was clear on the face of the plies discretely to individual provisions of a adopting that rule. amendment that it proposed to increase a bill or, instead, to the integrated whole Sincerely, Federal income tax rate. The application of formed by related provisions in the bill. Does CHARLES W. JOHNSON. clause 5(c) to that text was self-evident. a provision (including a repealer) that, The circumstances surrounding the Chair’s standing alone, textually increases a statu- CONGRESS OF THE UNITED STATES, ruling of April 5, 1995, were more unusual. tory rate of Federal tax on income, nec- JOINT COMMITTEE ON TAXATION, The possibility that a Member might assert essarily trigger the application of the three- Washington, DC, April 5, 1995. that the treatment of capital gains in H.R. fifths voting requirement in clause 5(c) of Hon. BILL ARCHER, 1215 constituted an income tax rate increase rule XXI, regardless of the effect of other House of Representatives, came to my attention only late on that provisions of the bill that may ensure that Washington, DC. afternoon. It was presented to me orally and the ostensible rate increase has no actual ef- DEAR MR. ARCHER: The purpose of this let- without benefit of most of the written mat- fect on any taxpayer? I suggest that this is ter is to further clarify, based on our prior ters later supplied for the Congressional the essential, initial question because the discussion, the basis for our conclusion that Record. I was perplexed by the complexity of rule cannot sensibly be construed to require the provision of H.R. 1215 repealing current the argument presented in confidence by the Chair to assess ‘‘effective’’ income tax law section 1(h) does not constitute an in- Representative Moran and asked his permis- rate increases by weighing other provisions come tax rate increase for purposes of the sion to present it to the staff of the Joint in the bill (including repealers) in the form House rules. The basis for this conclusion re- Committee on Taxation for their prompt of exclusions (e.g., the repeal of section 1202 lates generally to the fact that this provi- analysis of the technical aspects of the ques- of the Internal Revenue Code of 1986 in H.R. sion would be inoperative as relates to cur- tion. I chose this approach based on my 1215), deductions, credits, or other factors rent law after the enactment of the pending recollection of the professional reputation of that might determine a taxpayer’s basis or legislation. This would be the case for the the Joint Committee on Taxation during my other foundation of liability. following reasons: time in the Office of the Parliamentarian. Mr. Kies also argues that, instead of pro- 1. As a result of the enactment of the 50% Representative Moran agreed to allow me to posing to repeal section 1(h) of the Code, the exclusion applicable generally, taxpayers share the information he had furnished with bill could have been drafted to render that (other than those described in the following the staff of the Joint Committee. section even more obviously ‘‘dead wood’’ two paragraphs) would have a tax rate lower The letter from the chief counsel of the (tax practitioners’ jargon for a provision of Joint Committee, Mr. Kenneth J. Kies, to than 28%. Thus, the 28% maximum rate of the Code no longer applicable to any tax- section 1(h) of current law would not cause a Chairman Archer dated April 5, which Chair- payer). I would not advance that hypo- man Archer read in response to Representa- reduction in tax liability as compared with thetical argument as a sufficient response to that under current law, i.e., as relates to cur- tive Moran’s point of order, was the entire the assertion that repealing section 1(h) response furnished that evening by the Joint rent law liability, the provision would be in- would—as a matter of law—expose income operative. Committee. I provided Mr. Moran with a derived by capital gain to the full range of copy of that letter when it was shown to me 2. The 50% exclusion would not apply to statutory marginal rates, including those collectibles under H.R. 1215. For this group just prior to the Chair’s ruling. In preparing above 28 percent. to advise the Chair, I compared the analysis of taxpayers the maximum rate of 28% is re- The more difficult question, as posed by tained by H.R. 1215. supplied by the staff of the Joint Committee Mr. Kies in both of his letters, is whether with the explanation of the capital gain pro- 3. A question has been raised as to the po- section 1(h) of the current Code is not a rate tential application of the 28% maximum rate visions of the bill in the report of the Com- of tax on income, but rather ‘‘a formula de- mittee on Ways and Means. The provision ul- under current law for taxpayers currently rived cap on total tax liability.’’ The provi- qualifying for the special rules of existing timately in question was described as fol- sion reads as follows: lows: law section 1202. In light of the fact that this (h) Maximum capital gains rate.—If a tax- provision would be repealed by H.R. 1215, the The bill allows individuals a deduction payer has a net capital gain for any taxable equal to 50 percent of net capital gain for the maximum rate of 28% would have no further year, then the tax imposed by this section application. Moreover, it should be noted taxable year. The bill repeals the present- shall not exceed the sum of— law maximum 28-percent rate. Thus, under that the special rules of section 1202 are an (1) a tax computed at the rates and in the exclusion provision rather than a rate provi- the bill, the effective rate on the net capital same manner as if this subsection had not gain of an individual in the highest (i.e., 39.6- sion. Further, it should be noted that con- been enacted on the greater of— cerns as to whether repeal of current law percent) marginal rate bracket is 19.8 per- (A) taxable income reduced by the amount section 1202, in conjunction with the repeal cent. of the net capital gain, or of current law section 1(h), constitute a rate The bill repeals the provisions in the Reve- (B) the amount of taxable income taxed at increase are focused upon the effective rate nue Reconciliation Act of 1993 providing a a rate below 28 percent, plus impact rather than the occurrence of an in- capital gain exclusion for sales of certain (2) a tax of 28 percent of the amount of tax- come tax rate increase. The House rule in small business stock (sec. 1202 of the Code). able income in excess of the amount deter- question is not intended to apply to effective A taxpayer holding small business stock on mined under paragraph (1). the date of enactment is able to elect, within rate changes. one year from the date of enactment, to have For purposes of the preceding sentence, the A further factor impacting our view that the provision of present law (rather than the net capital gain for any taxable year shall be the repeal of section 1(h) does not constitute provisions of the bill) apply to any gain from reduced (but not below zero) by the amount an income tax rate increase relates to the the sale of the stock. which the taxpayer elects to take into ac- nature of section 1(h). That provision oper- (H. Rpt. 104–84, pp. 36–37). The more general count as investment income for the taxable ates as a cap on the maximum amount of tax commentary earlier in the committee’s re- year under section 163(d)(4)(B)(iii). liability imposed by the Internal Revenue port was couched in the context of a reduc- (26 U.S.C. 1(h)). Mr. Kies’ contention that it Code which is determined by reference to a tion in the taxation of capital gains. For ex- is ‘‘generally recognized in interpreting Code formula which includes a hypothetical 28% ample, it stated that ‘‘reducing the rate of provisions that their titles do not control tax rate. Thus, section 1(h) itself may not taxation of capital gains would encourage in- their substantive effect’’ is supported by sec- constitute an income tax rate. Thus, even if vestors to unlock many of these gains.’’ (Id. tion 7806(b) of the Code as follows: the continued existence of section 1(h) were H 11998 CONGRESSIONAL RECORD — HOUSE November 9, 1995 to have a practical effect as relates to the li- of this Act) as of such date of enactment.’’ which is clearly inconsistent with the spe- ability determined under current law, we This grandfathering provision was necessary cific language of the rule. have some doubt as to whether its repeal to ensure that the repeal of section 1202 You have also asked me to comment upon would constitute an income tax rate increase would not have retroactive effect which additional input concerning this matter under the House Rules. In light of the fact, could have violated Clause 5(d) of Rule XXI. which was provided by Congressman Moran as indicated above, that we have concluded The second step of my analysis was to con- during the debate of April 5, 1995, but which that the provision would not impact the cal- sider whether legislation to provide a fifty- neither you nor I had had the opportunity to culation of tax liability as relates to current percent exclusion for all taxpayers, includ- review at that time. Specifically, you have law, we have concluded that the provision’s ing those who no longer qualify for the spe- alluded to a letter to Congressman Moran repeal is neither within the spirit nor the cific treatment of section 1202, could be con- dated April 5, 1995, from Leslie B. Samuels, letter of the House Rule in question. sidered without triggering the application of the Assistant Secretary of the Treasury De- Sincerely, Clause 5(c) of Rule XXI if it included as an partment for Tax Policy. A copy of this let- KENNETH J. KIES. integral part of the fifty-percent exclusion ter was placed in the Congressional Record an amendment to current law section 1(h) of of April 5, 1995 (H 4318). I have reviewed the CONGRESS OF THE UNITED STATES, the Code by inserting the following sentence letter involved and conclude that my analy- JOINT COMMITTEE ON TAXATION, at the end of section 1(h): ‘‘This section shall sis is in no way affected by the argument set Washington, DC, May 12, 1995. be applied prior to the effect of the fifty-per- forth in the letter of Mr. Samuels. The letter Hon. CHARLES W. JOHNSON, cent exclusion applicable to net capital gain from Mr. Samuels relies entirely upon the Parliamentarian, House of Representatives, income.’’ Assuming that the fifty-percent ex- proposition that effective rate income tax Washington, DC. clusion was enacted in this manner, section increases would be subject to Clause 5(c) of DEAR MR. JOHNSON: I am writing to further 1(h), as amended, would apply to no taxpayer Rule XXI. For the reasons set forth above, I expand upon the advice that we provided to whatsoever. If one were to propose in the al- do not believe that this is a correct interpre- you concerning the ruling of April 5, 1995, re- ternative repealing section 1(h) rather than tation of the rule. It is clear that Mr. Sam- garding H.R. 1215, the Tax Fairness and Defi- leaving it in the Code in a form under which uels’ letter is based upon such an interpreta- cit Reduction Act of 1995. As you will recall, it applied to no taxpayer, it is inconceivable tion in that his letter specifically asserts the ruling relates to Clause 5(c) of Rule XXI. to me that Clause 5(c) of Rule XXI would be that the repeal of section 1202 would cause I am writing to specifically affirm our view applicable in that it is reasonable to assume the rate of tax on this income to rise from 14 that the provision of H.R. 1215 repealing sec- that the rule was not intended to prevent the percent to 19.8 percent. In view of the fact tion 1(h) of the Internal Revenue Code of 1986 elimination of deadwood provisions from the that the Code contains no provision setting (hereinafter the ‘‘Code’’) was not within the Code even if they included a reference to a forth a rate of 19.8 percent, it is obvious that scope of the above referenced rule requiring hypothetical tax rate as in the case of sec- Mr. Samuels’ reference to a 19.8 percent tax a three-fifths majority to approve legislation tion 1(h). rate is a reference to an effective tax rate ‘‘carrying a Federal income tax rate in- The third step of my analysis relates to rather than an actual income tax rate. In crease.’’ Your ruling of April 5, 1995, appar- the nature of section 1(h) itself. While some view of this, I do not believe that the conclu- ently has been questioned by some minority have argued that it constitutes an income sion reached in the ruling of April 5, 1995, members of the House of Representatives. tax rate, in substance it is not specifically would have been affected by the information The purpose of my letter is to respond to the an income tax rate but rather a formula de- to which Mr. Moran alluded during the floor issues which they have raised in letters to rived cap on total tax liability.1 debate. you, the Speaker, of the House and the Another way to analyze the issue raised by An example of a provision which is within Chairman of the Committee on Rules (copies the April 5, 1995, ruling is to consider wheth- the scope of Clause 5(c) of Rule XXI is the in- attached). er Clause 5(c) of Rule XXI would have applied creases in tax rates included as part of the In reviewing the above-referenced letters, Omnibus Reconciliation Act of 1993, legisla- it is clear to me that the minority Members if the only provision contained in H.R. 1215 tion which the Members who wrote to you who have questioned the ruling have failed had been a provision which would have added are certainly familiar with. That legislation to thoroughly understand the intention of a limitation to section 1(h) like that set would also have violated the absolute prohi- the various provisions contained in H.R. 1215. forth above, i.e., to modify the application of bition on a ‘‘retroactive Federal income tax As a result, I am setting forth the analysis the provision so that it was applied prior to rate increase’’ set forth in Clause 5(d) of Rule that I went through to conclude that consid- the effect of any fifty-percent exclusion from XXI. eration of the provisions involved did not capital gains. Such a change would have the effect of increasing the effective rate on cap- I hope that you find this additional analy- trigger the application of Clause 5(c) of Rule sis useful in confirming that the interpreta- XXI. The steps to that analysis are set forth ital gains subject to section 1202 of the Code from 14 percent to 19.6 percent. Again, I do tion of Clause 5(c) of Rule XXI adopted as below. part of the ruling on April 5, 1995, is correct. First, I consider the issue of whether the not believe that such a change was con- templated by Clause 5(c) of Rule XXI. In If you have any questions, please do not provision of H.R. 1215 repealing existing law hesitate to contact me. section 1202 of the Code, the provision of cur- order for the argument set forth by those who have written to you on this issue to pre- Sincerely, rent law providing a fifty-percent exclusion KENNETH J. KIES. for the gain from the sale of certain small vail, I believe they would also have to as- sume that the effective income tax rate in- businesses stock, constitutes a Federal in- HOUSE OF REPRESENTATIVES, crease which would occur under such an come tax rate increase under the provision of THE SPEAKER’S ROOMS, amendment to section 1(h) would also be Clause 5(c) of Rule XXI. I concluded that June 26, 1995. within the scope of Clause 5(c) of Rule XXI. such legislation is not within the scope of Hon. RICHARD GEPHARDT, This again would raise the prospect that any the rule because the Code provision involved Minority Leader, income tax increase would be subject to is merely an exclusion provision, not an in- Hon. SAM GIBBONS, Clause 5(c) of Rule XXI, an interpretation come tax rate increase. My conclusion that Committee on Ways and Means, Clause 5(c) of Rule XXI is intended to apply Hon. JOSEPH MOAKLEY, only to specific income tax rate increases 1 A consideration of the actual language of the pro- Committee on Rules. and, not to any of the following: (i) revenue vision highlights this point. In this regard, it should DEAR GENTLEMEN: I am writing in response increases; (ii) effective rate increases; or (iii) be noted that it is generally recognized in interpret- to your letter requesting my review of a rul- income tax increases, is based on two fac- ing Code provisions that their titles do not control ing of the Chair dealing with Rule XXI which their substantive effect. Section 1(h) reads as fol- tors. First, the actual text of Clause 5(c) of 3 lows: calls for a ⁄5 vote to pass any Federal tax Rule XXI specifically uses the language ‘‘in- ‘‘(h) MAXIMUM CAPITAL GAINS RATE.—If a taxpayer rate increase. come tax rate increase’’ rather than ‘‘reve- has a net capital gain for any taxable year, then the I am sure you are aware of a letter sent by nue increase’’, ‘‘effective income tax rate in- tax imposed by this section shall not exceed the sum Mr. Charles W. Johnson, the House Par- crease’’ or ‘‘income tax increase.’’ Thus, a of— liamentarian, in response to a request from construction of the actual language leads to ‘‘(1) a tax computed at the rates and in the same Rep. Gerald Solomon seeking clarification of the conclusion that the provision was only manner as if this subsection had not been enacted on this ruling. I believe his response accurately intended to apply to ‘‘income tax rate in- the greater of— ‘‘(A) taxable income reduced by the amount of the portrayed the circumstances surrounding creases.’’ Second, I am advised by those who net capital gain, or this ruling. Rep. Solomon’s letter to Rep. participated in the development of Clause ‘‘(B) the amount of taxable income taxed at a rate Moakley speaks to this matter sufficiently 5(c) of Rule XXI that earlier versions of the below 28 percent, plus and I endorse its conclusions. rule, that were considered but rejected, ‘‘(2) a tax of 28 percent of the amount of taxable After reviewing the material contained in would have applied to all revenue increases. income in excess of the amount determined under your letter, the language in H.R. 1215 dealing It is important to note at this point that the paragraph (1). with the capital gains treatment of certain provision of H.R. 1215 repealing section 1202 ‘‘For purposes of the preceding sentence, the net small business stock, the follow-up letter capital gain for any taxable year shall be reduced did specifically grandfather any ‘‘taxpayer (but not below zero) by the amount which the tax- from Joint Taxation, and the response from who holds qualified small business stock (as payer elects to take into account as investment in- the Parliamentarian, I can see how confusing defined in section 1202 of such code, as in ef- come for the taxable year under section the situation was and how the Chair’s ruling fect on the day before the date of enactment 163(d)(4)(B)(iii).’’ itself did not seem either satisfactory or November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 11999 overly compelling at the time of issuance. taking place, and have not yet even business’s main spot at the Cabinet However, based upon the circumstances, I be- gotten to the place where conferees can table, now turns into a new Trade Rep- lieve the Parliamentarian’s guidance and be appointed. resentative, a bigger Department of the subsequent ruling by the Chair were objec- Mr. Speaker, it is fascinating, then, Interior, a bigger OMB, a bigger Inter- tive. Yours very truly, to hear that the work cannot get done national Trade Commission, a bigger NEWT GINGRICH, and the conference cannot meet be- Department of Labor, a bigger Small Speaker. cause the minority party is in fact car- Business Administration, and a bigger Mr. HALL of Ohio. Mr. Speaker, I rying on the blockading action. The or new Office of Programs Resolution, yield 2 minutes to the gentleman from minority party has attempted on the and several more. We get Defense in California [Mr. STARK]. floor to delay many of these actions on there, too. They do a good job at com- Mr. STARK. Mr. Speaker, I would appropriation bills and all kinds of merce, of course. We get all that in like to just talk about this so-called things as they have come through the there when we vote for this. Medicare coverage of anticancer drug House. We have had a series of at- That is why it is so foolhardy, I think treatment. It is important to know tempts to obstruct and obfuscate. in this, which should be a clean debt that in the Committee on Ways and The bottom line is that it is amusing ceiling extension, to dismantle an en- Means, the gentleman from Nevada, to have this kind of talk, and particu- tire Cabinet agency. When we do that, [Mr. ENSIGN], the gentleman from larly to have people out here shouting we will take out the Economic Devel- Pennsylvania [Mr. ENGLISH], the gen- at the top of their lungs about the fact opment Administration, with $131,000 tleman from Nebraska [Mr. that the work is not getting done. In alone to the gentleman’s State in Colo- CHRISTENSEN], and the gentlewoman fact, the work is getting done. The rado since 1965 in vital water and sewer from Connecticut [Mrs. JOHNSON], all work is getting done in exactly the projects. That is not good economics. voted to deny women annual mammo- same way that some of these gentle- Mr. MCINNIS. Mr. Speaker, I yield grams. They all voted to deny men voted on in the past. Back during myself such time as I may consume. Mr. Speaker, I hope, before the gen- colorectal screening because they said the 1980’s we ran the entire Govern- tleman yields, and first of all I appre- they did not have the money. This was ment on continuing resolutions. When ciate him looking me in the eyes and at the same time when the Speaker we pass a continuing resolution, that is saying that, but I think he ought to was cutting a deal to give $3 billion to regarded as not getting the work done. complete his statement. The comple- the American Medical Association, and That is exactly one way of doing our work when in fact Democrats are ob- tion of the statement would say that these people did not have the money. we have a net savings of $4 billion if we Now they come in at the behest of structing. eliminate that department. Further- some drug company in a payoff, slip in Mr. HALL of Ohio. Mr. Speaker, I more, I think the gentleman ought to two pharmaceutical treatments that yield 2 minutes to the gentleman from go on to say that we are going to elimi- will not do you any good if you do not West Virginia [Mr. WISE]. nate several thousand bureaucrats and discover the cancer in time, and say Mr. WISE. Mr. Speaker, the gen- we are going to make this operation they are trying to help seniors. tleman from Colorado and others keep much more efficient for American busi- Thanks. My mother does not need that talking about being armed in negotia- tions and conflict and negotiating with ness. kind of help. Mr. Speaker, I reserve the balance of strength and all that. I am not aware The seniors need to find out in a my time. timely fashion when they get cancer, of any legislative gun control having Mr. HALL of Ohio. Mr. Speaker, I and the Republicans, in an effort to passed here, and indeed, I think they yield 1 minute to the gentleman from pay for a huge tax cut for the rich, are are going to go into negotiations with West Virginia. denying the seniors the chance to have a lot of armament. Indeed, what they Mr. WISE. Mr. Speaker, in respond- the screening and the testing that the have on the table is, between the two ing to the gentleman, I never saw effi- American Cancer Society says is nec- adversaries, they have a cocked pistol. ciency come from greater inefficiency. essary. You should be ashamed of your- If it goes off though, unfortunately, The Department of Commerce is what selves. You have no compassion, no neither one of those gets plugged, it is coordinates the trade functions, and as willingness to help treat the seniors. the economy that gets taken out. That I say, there is $131 million to the gen- All you want is to waive the capital is what is at issue here. tleman’s State in water and sewer gains tax for a few rich Republicans The issue is whether this is what is projects, defense dislocation, and many and give a payoff to a pharmaceutical called a clean debt ceiling, in which other areas. He is going to spread it company who has made huge contribu- you just simply say the country can out over a lot of different places where tions to the Republican coffers. That is borrow more for a short period of time it is not going to be very, very effec- criminal. and avoid default, or you weight it up tive. That is not good efficiency, that Mr. MCINNIS. Mr. Speaker, I yield 2 with so many obstacles that in order to is not good policy. minutes to the gentleman from Penn- get the votes and to pass it, you know The worst thing of all, of course, sylvania [Mr. WALKER]. it has to be vetoed, and in so doing risk what they have not dealth with, they Mr. WALKER. Mr. Speaker, it is al- that default. I do not think the country are trying this onto a debt ceiling bill most sad that people who used to chair deserves that kind of gamesmanship. and pointing this gun at the Depart- subcommittees and committees are re- I would like to also accept the gen- ment of Commerce. I happen to think duced to coming to the floor and shout- tleman’s challenge who said, ‘‘I defy the Department of Commerce is good ing and carrying on in terms like anyone to look me in the eye and de- for the economy. That should be a de- ‘‘bribery’’ and ‘‘payoff’’ and all of that. fend the Department of Commerce.’’ I bate for another day. But do not endan- It is almost sad. But the fact is that am here, and I am looking the gen- ger simply a debt ceiling extension. some of this talk that we are hearing tleman in the eye. Here is why. Be- on the floor about not doing our busi- cause when Members vote for this rule, b 1300 ness is somewhat reminiscent of the if they vote for this rule, they will dis- Mr. MCINNIS. Mr. Speaker, again, I old story of the kid who shot his two mantle the Department of Commerce. hope the gentleman does not leave the parents and then complained that he It is going to be done in the name, sup- Chamber, because I would like to con- was an orphan. posedly, of ending bureaucratic sprawl tinue this. I yield 2 minutes to the gen- The fact is that all over the Hill, and inefficiency. tleman from Ohio [Mr. KASICH], the what we have met as we have at- Let us look at what happens. Over chairman of the Committee on the tempted to push through a legislative here is the Department of Commerce as Budget. program is obstruction and delay, in an it presently exists. When it is taken Mr. KASICH. Mr. Speaker, to look at attempt to do everything possible to apart, if this rule should pass, it now the debt ceiling like an individual goes stop the program. There are even peo- divides over into 11 different groups in to the banker and says to the banker, ple of the minority party around the creating eight new entities. The De- I would like to have a loan. And the Hill that are trying to stop the con- partment of Commerce, which coordi- banker says, well, do you have any col- ference on the reconciliation from even nates trade and business, it is lateral? The person says, well, no, I do H 12000 CONGRESSIONAL RECORD — HOUSE November 9, 1995 not have any collateral. The banker Department of Commerce crafted by a that reconciliation debate, and I do not says, well, I do not have a loan. Republican administration in earlier remember a single word being uttered, The elimination of Commerce is in a years, creating one-stop shopping for maybe in some revision or extension sense our collateral to the American all American businesses, combining put in the RECORD that he talked people as we accumulate more debt. We economic development, trade and tech- about, about the Department of Com- are saying, we are willing on a tem- nology in a way to promote growth in merce. porary basis to accumulate slightly our economy and job creation, and Mr. Speaker, the Department of Com- more debt; we need to borrow more scatter this all to the winds in a dis- merce has done a good job. There have money from the next generation. We jointed shuffled jumble of unrelated been some very distinguished Repub- are saying to the next generation, our functions and proliferation of agencies lican Secretaries of the Department of collateral is that we are going to kill a that are now combined under the um- Commerce down there. It is amazing to department. brella of the Department of Commerce. me that, now that we have a black man Now, there are 71 functions of trade If the Republican leadership were se- as Secretary of the Department of right now in the Federal Government. rious about this proposal, they would Commerce, the Republicans suddenly We are going to consolidate this in one not join it in this fashion with time decide that they have to abolish the operation. We are going to kill the ad- spooned out in limited debate; they Department of Commerce. You know, vanced technology program, which is would bring it to the floor under an it was your darling department for corporate welfare. It is a big handout open rule subject to amendment and years around here. You all nurtured it, to businesses to do research at the tax- subject to adequate debate before the you hugged it, you put your best people payers’ expense. American public and air the issue, its in it. But now that there is a black We should abolish the Economic De- merits, its demerits. But no, they want man in charge of it, you decide you velopment Agency, but we are going to to hide this thing under their bushel want to abolish it. downsize it. We are going to save and bring it here to the floor and abol- Mr. MCINNIS. Mr. Speaker, I reserve money there, and we are going to save ish programs like the Economic Devel- the balance of my time. employees there. opment Administration, which has sur- Mr. HALL of Ohio. Mr. Speaker, I What we are doing, rather than vived numbers of administrations, yield 2 minutes to the gentleman from spreading responsibility, we are focus- numbers of attempts to abolish EDA, Maryland [Mr. CARDIN]. ing responsibility. When you take 71 and on a bipartisan basis, by three- and Mr. CARDIN. Mr. Speaker, I thank trade functions and you consolidate it four-to-one votes in this Chamber. EDA my colleague for yielding time to me. into one operation, you have a lot more has been preserved because this is a Mr. Speaker, I have a question as to consistency of policy and you save an program that creates jobs, that returns why are we considering a temporary awful lot of money. more in tax dollars every year than all debt extension? Why are we not consid- So what we are saying to the Amer- of the money that has been invested in ering a permanent extension for the 2- ican people is, we are going to get rid EDA over its entire period of time. year period? After all, we have already of a department. Now, if you do not Even in this Congress on a bipartisan approved in this House an increase in want to get rid of a department, you basis, an amendment during the appro- the debt by $600 billion to $5.5 trillion. can make a lot of excuses as to why priation bill consideration on this Why should we not separate that? Let you do not want to do it. But at the floor, the proposal to eliminate EDA, us pass a permanent extension for this end of the day, we are, in fact, saving the amendment to abolish EDA, was term of Congress so that we do not billions of dollars for the American defeated on an overwhelming vote of hold hostage the credit of this Nation, people, and at the same time saying, as 310 to 115. It had the support of a ma- which could affect the interest rates a good-faith effort, we are going to give jority of Democrats, a majority of the that our constituents pay on their you this and we are going to incur a Republicans, and a majority of the Re- mortgage payments or on their car little bit more debt. I remind you, al- publican freshman class. Why would we loans or on their credit cards. Why do though the little bit more debt that we want to in this cavalier fashion abolish we not just do that, separate it, get it are going to incur expires in December, a department of government without done. as it should. adequate discussion and debate? Mr. Speaker, we could have biparti- Then when we finally lay down our We ought to stop the partisan poli- san support for that type of a debt ex- reconciliation plan, which is the plan tics. If we are serious about the De- tension. But no, we have a temporary we present to the next generation for partment of Commerce issue, bring it bill before us. Why is it temporary? incurring debt over the next 7 years up fairly. Take the bushel off the issue. Why? Because we have not gotten our until we balance, that is our good-faith Let it be debated in the sunlight of work done. Republicans have not effort. That is the reason why there is open discussion and floor debate and brought forward the appropriation bills something attached to this bill. I open amendment process. Vote ‘‘no’’ on or the changes in the entitlement pro- would hope that the President in the the rule. grams to conform to their budget. It final analysis will accept the fact that Mr. MCINNIS. Mr. Speaker, I yield 30 should have been done by October 1, the American people want less bu- seconds to the gentleman from Penn- but we are now debating this in No- reaucracy and less Cabinet positions. sylvania [Mr. WALKER]. vember when it should have been done Mr. HALL of Ohio. Mr. Speaker, I Mr. WALKER. Mr. Speaker, I think in October. So we need to do a tem- yield 3 minutes to the gentleman from we need to set the record straight. The porary extension. Minnesota [Mr. OBERSTAR]. fact is, we did debate this matter of the Well, we could have bipartisan sup- Mr. OBERSTAR. Mr. Speaker, I Department of Commerce elimination port for a temporary extension, if we thank the gentleman for yielding time under the reconciliation bill. It passed would just remove the issues that are to me. this House under the reconciliation not relevant to the debt extension. It is Mr. Speaker, I could not help but ob- bill, so it has been on the floor before. your fault that we have a delay. We are serve the wry comment by our col- Second, with regard to EDA and be- willing to have bipartisan support for a league from Pennsylvania about a kind cause of those votes on the House floor temporary extension if we just do a of role reversal going on here. I might we did in fact include EDA under the temporary extension. But no, you have say to the gentleman, it is refreshing Small Business Administration in this to have all of these other issues to this to see the gentleman come down to the bill. So EDA remains a part of the Fed- temporary debt extension bill. well and lower his voice and speak with eral Government, it simply goes to a Mr. Speaker, they promised that we a smile, in contrast to a style, a very different location. were going to have regular legislative different style in previous Congresses. Mr. HALL of Ohio. Mr. Speaker, I process, that we would use the proce- Adoption of this rule will let us make yield 1 minute to the gentleman from dures properly in this House. That was it very clear, eliminate the Depart- Florida [Mr. GIBBONS]. one of their promises. This bill that is ment of Commerce, a proposition con- Mr. GIBBONS. Mr. Speaker, I would before us and the rule that is before us cocted in the dead of night by the Re- like to correct the gentleman from violates that promise. Another Repub- publican majority leadership, takes a Pennsylvania. I presided during a lot of lican promise broken. November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 12001 I urge my colleagues to defeat the Mr. HALL of Ohio. Mr. Speaker, I elected in a special election in 1981. rule. yield 31⁄2 minutes to the gentleman The Republicans were effectively in Mr. MCINNIS. Mr. Speaker, I yield 30 from Illinois [Mr. DURBIN]. control of the House of Representatives seconds to the gentleman from Penn- Mr. DURBIN. Mr. Speaker, this is the and took the rule away from us, and a sylvania [Mr. WALKER]. kind of experience that gives politics a 1,400-page bill, reconciliation bill, was Mr. WALKER. Mr. Speaker, I think bad name. Consider for a minute this put on the floor in June. It was still it is well to point out that the last six-page bill which will extend the debt warm from the Xerox when they asked three Commerce Secretaries under Re- ceiling of the United States, will make us to vote on it. So, there is precedent publican administrations all favor the certain that our Government does not for doing this. It is business as usual elimination of the Department of Com- default on its debts. The United States from 1981 to today. merce. I would also think that someone of America has never defaulted on its Mr. DURBIN. Mr. Speaker, make no who was given the distinguished posi- debts. We want to make certain that mistake, this amendment is not public tion of leading one of our major com- our word is good, not only in the Unit- interest, good government. The amend- mittees in the House does undermine ed States, but around the world. ment here is generated by special in- the debate on this floor when he brings The failure to pass this six-page bill terest groups, special interest groups racism into the argument. will have a dramatic impact on every which some way or another did not get Mr. MCINNIS. Mr. Speaker, I yield 2 family in America, particularly those a bite of the apple in the Republican minutes to the gentlewoman from the who happen to have something called reconciliation bill. State of Ohio [Ms. PRYCE], my col- an ARM, an adjusted rate mortgage. If With this, with the amendment that league on the Committee on Rules. the Gingrich Republicans are success- the gentleman from Pennsylvania is Ms. PRYCE. Mr. Speaker, I thank the ful, if they force America into default going to come in with, and the mystery gentleman for yielding to me. amendment from the gentleman from Mr. Speaker, I am pleased to rise in for some political strategy, it will Texas, I have to say to my colleagues support of this rule for consideration of force interest rates up on every Amer- on the floor, I have been around legis- the debt limit extension. The provi- ican homeowner paying an ARM, an sions of this debt limit increase re- adjusted rate mortgage. So, for the latures and Congress for a long time, spond to the very serious fiscal situa- Gingrich Republican strategy, there is and I have seen a lot of lobbyists and tion facing our Nation today. Along a tax on homeowners. special interest groups. What is hap- pening on this floor today is turning with the short-term continuing resolu- b 1315 tion passed by the House yesterday, the House of Representatives into a That, of course, would suggest that this legislation will restore stability dismal swamp of special interests. It is maybe we ought to just pass this six- and competence in the U.S. Treasury’s shameful. page bill and do the responsible thing. ability to meet its most fundamental ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE But my friends on the Republican side financial responsibilities. The SPEAKER pro tempore. The Now, this is not an easy vote for Re- of the aisle have much more in store. Chair would remind all Members to ad- publicans. We are not used to digging a Look at this. This is the beginning of dress their remarks to the Chair. hole deeper and deeper and deeper, but the amendments which they want to Mr. MCINNIS. Mr. Speaker, I yield it is the responsible thing to do and we offer to the six-page bill. Do not take myself such time as I may consume. must do it. So, the self-enactng provi- the time to ask any Member on the Mr. Speaker, I would like to point sions of this rule will ensure that, as floor if they have read these amend- out a couple of things. First of all, I am we vote to increase the debt ceiling, we ments, the answer is no. And guess appalled by the language that has just will also be voting to make an impor- what, there is another 200-page amend- been used by the previous speaker. tant down payment on our plan to bal- ment the gentleman from Pennsylva- Maybe consideration at some point in ance the Federal budget. nia wants to offer that we have not time ought to be given to the Ameri- We include a provision to commit even seen. And then the gentleman cans of the next generation who are both the Congress and the President to from Texas [Mr. ARCHER] has the op- going to face this deficit of $37 million achieve a balanced budget by the year portunity under the rule to come in an hour. 2002 before we consider any further in- with another mystery amendment. My colleagues talk about impact on crease in the public debt. Mr. Speaker, this is the most sus- homeowners. They talk about impact Now, those who criticize that plan picious meatloaf that has ever hit this on the children and the next genera- have said that we are trying to black- floor of the House of Representatives. tion. That is where the impact is. And mail the President into signing the CR What is sad is that we are putting our- they want to talk about special inter- and the debt limit. But the truth is, selves through these mental and politi- ests. Are my colleagues saying special this legislation and the important cal gyrations so that Speaker GINGRICH interests are the people that want can- changes made possible under it simply can have leverage on the President of cer treatments or special interests are offer the President an opportunity to the United States. See, they want to small businesses? I think those are the join with us in this historic effort to load this bill up with so many things things they ought to consider. get to a balanced budget in 7 years and that Bill Clinton will veto it and that Mr. Speaker, I yield 2 minutes to my limit the size and scope of the Federal our Government will go into default good friend, the gentleman from Flor- Government along the way. and that homeowners will pay the bill. ida [Mr. MICA]. So instead of criticism, we offer our I think that is wrong. People sent Mr. MICA. Mr. Speaker, what is this friends on the other side a chance to Members of Congress here, Democrats debate all about? Let me try to bring vote for real change and fiscal respon- and Republicans, to solve problems, to this debate into some perspective. sibility. Instead of partisan rhetoric work together, not to impose more bur- We are raising the debt of the United and misinformation, we offer the op- dens on working families and States of every man, woman, and child portunity to cut spending, to shrink homeworkers across America. for the next 34 days in the amount of the Federal Government, and to get It is about time to stop the politics. $67 billion added debt. I went down and our fiscal house in order. That is what Six pages, that is the responsible thing took out $269 from my savings account. I believe the American people sent us for us to address; 200, 300, 500, is a polit- This new debt is $269 for every man, here to do, and that is what this legis- ical game, the kind of political game woman, and child in the United States lation will accomplish. that gives politics a bad name. for 34 days. Mr. Speaker, now is the time for bold Mr. HOYER. Mr. Chairman, will the Mr. Speaker, by the time you eat action to carry out a vision for a more gentleman yield? your Thanksgiving turkey, it will be stable and secure future for our chil- Mr. DURBIN. I yield to the gen- $118 per man, women, and child. Get dren and grandchildren. I urge my col- tleman from Maryland. this into some perspective. We are al- leagues to support this rule, pass this Mr. HOYER. Mr. Speaker, the gen- ready $4.9 trillion in debt. Get this into important legislation, and let us get tleman makes an excellent point, but some perspective. this country to a point where we can this is not without precedent. The gen- For 30 years, these good intentions get our budget balanced. tleman came, I believe, in 1982. I was have driven us into the poorhouse. And H 12002 CONGRESSIONAL RECORD — HOUSE November 9, 1995 here we are, we could take the money Mr. Speaker, this should not be John The SPEAKER pro tempore. The gen- and pay for the entire country’s Medic- Wayne. This is the full faith and credit tleman from Ohio has 21⁄2 minutes re- aid with this; $67 billion is 74 percent of of this Government. Nobody has played maining, and the gentleman from Colo- all the money we spend for every Med- so fast and loose with it, and we should rado has 5 minutes remaining. icaid recipient in the country, that is not either. Vote ‘‘no.’’ Mr. HALL of Ohio. Mr. Speaker, how what we are going into debt for in the Mr. MCINNIS. Mr. Speaker, I yield many speakers does the gentleman next 34 days. We only reorganize one myself such time as I may consume. from Colorado have left? department, the Department of Com- Mr. Speaker, the gentlewoman from Mr. MCINNIS. Mr. Speaker, I think merce, one department, 36,000 employ- Colorado [Mrs. SCHROEDER], my col- probably two, possibly three. ees, 21,000 within 50 miles of where I am league, talks about show and tell. How Mr. HALL of Texas. Mr. Speaker, I standing, 21,000. We will eliminate over much cooperation has the gentle- would reserve the balance of my time. 7 years, 11,000 positions. Why do we woman given us on this budget? How Mr. MCINNIS. Mr. Speaker, I yield need that many people? many balance budgets has the gentle- myself 1 minute. Mr. Speaker, we are eliminating 40 woman voted for during her career? Mr. Speaker, I think it is important programs. We are saving $6 billion. Now very many, if we take a look at it. that we talk a little more about the This is just a downpayment on the Mr. Speaker, if the gentlewoman Department of Commerce and the im- mess that has been created over these wants to talk about what is going to portance of making it more efficient in three or four decades. So, we have run help business in this country, small this Government. First of all, this is an ourselves into the poorhouse. It is only business in this country, it is not the issue that has been talked about. Every a downpayment. Bring it into perspec- Department of Commerce. They do not major newspaper in the country has tive: For every man, woman, and child help my little business in New Castle, written about it and debated about it. in this country, $269 between now and CO, or small business in the gentle- This is not something that came in the December 12. woman’s district in Colorado. late of night and suddenly appeared on Mr. HALL of Ohio. Mr. Speaker, I Mr. Speaker, talk about tort reform. the House floor today. We did talk yield 2 minutes to the gentlewoman Where was the gentlewoman, my col- about it in the reconciliation package. from Colorado [Mrs. SCHROEDER]. league from Colorado, on tort reform? Mr. Speaker, I think it is important Mrs. SCHROEDER. Mr. Speaker, I Talk about regulation relief. Where to take a look at the business commu- want to point out again, this is 40 days was the gentlewoman on regulation re- nity. A recent poll by Business Week after the homework was due. The fiscal lief for the small businesses in Colo- revealed that by a 2-to-1 ratio, Busi- year ended 40 days ago and only 12 per- rado? ness Week executives say, ‘‘Eliminate cent of the budget has been dealt with. Mrs. SCHROEDER. Mr. Speaker, the Department.’’ How many of us in So, here we are with the debt extension would the gentleman yield? these House Chambers have received and now Members are adding all sorts Mr. MCINNIS. Mr. Speaker, no, I will letters from small businesses in our of things to it and saying the President not yield on my time. I do not have district that are not direct bene- has to have a budget. enough time remaining. ficiaries or do not have a contract with Mr. Speaker, how can this side of the Mrs. SCHROEDER. Mr. Speaker, I the Department of Commerce, how aisle yell that, when they cannot get a have not answered. many of us have received correspond- budget? They are still trying to get a Mr. MCINNIS. Mr. Speaker, I yield 1 ence from these people saying, ‘‘Save budget, because they cannot get the minute to the gentleman from Florida the Department of Commerce,’’ or, ‘‘If two Houses together. This is really all [Mr. MCCOLLUM]. about show business, and how tragic. It the Department of Commerce is elimi- Mr. MCCOLLUM. Mr. Speaker, I just is the American people who are going nated, we are not going to be able to want to point out that one of the so- to pay. compete out in that world’’? One of the fastest-growing items in called extraneous matters in this bill is Mr. Speaker, the important elements our budget is interest on the debt. If we something very, very important and it of that Department, and they are very, hold hostage the full faith and credit of is not really extraneous. It would end very few in my opinion, the important this Government, wait until my col- the endless appeals of death row in- elements of that Department have been leagues see what happens to interest mates. It would finally enact, after preserved on transfer out of that De- rates. It will absolutely subsume al- years and years, if the President signs partment to other agencies. most everything that we pay in taxes. this into law, reforms of habeas corpus Mr. Speaker, I reserve the balance of That is ridiculous. petitions in death penalty cases; some- my time Mr. Speaker, I am a person that does thing that many of us have been trying Mr. HALL of Ohio. Mr. Speaker, I not want to pay more interest than I to accomplish for a long period of time. yield 30 seconds to the gentlewoman have to. what we are doing here today Mr. Speaker, I would suggest that from Colorado [Mrs. SCHROEDER]. is guaranteeing Americans will pay the victims, for example the victims in Mrs. SCHROEDER. Mr. Speaker, I higher interest. And also, those who Oklahoma City in that bombing, are as am glad chivalry is alive in Ohio, any- have an adjustable rate mortgage are concerned if not more concerned about way. It does not seem to be in Colo- going to pay higher interest. getting this accomplished than any- rado. I thank the gentleman. Mr. Speaker, we hear all this stuff thing else that we could pass in this Mr. Speaker, I just want to say that about the Department of Commerce Congress. all the people that have written to me and why do we need it. We need it for Mr. Speaker, it is a very, very oppor- from Colorado about the Department of the same reason all of our allies we are tune time, a very timely moment in Commerce have been small businesses. competing with in the global market- this particular provision that the They claim that big business does not place have one. It is called: To create President has to face to put it in here need the Department of Commerce; it jobs; to hold the position we are in; to to finally get a confrontation of this is the small business. get us out there and to keep being issue, and give him the opportunity to Mr. Speaker, I also would like to set more and more competitive. sign into law a provision that stops the record straight that I have voted If every western industrialized coun- these forever-extending carrying out of for many a balanced budget and I have try has business recognized at their death penalty sentences that so often helped draft some, and I resent very cabinet level, can my colleagues be- have delayed that throughout the Na- much the gentleman from Colorado lieve we would say no, we do not need tion in many, many, many cases. [Mr. MCINNIS] taking my name and this anymore? How are we going to cre- Mr. Speaker, I hope this does not go pointing those things out and not ate jobs for the American people? down to the President. I am pleased yielding back. Where are we going to go? Why are we that it is in here today, and I would Mr. Speaker, I thank the gentleman not having debates on this? Why are certainly hope that he would not veto from Ohio. All chivalry is not dead. they shoving it into bills and then this bill with that in it. Mr. MCINNIS. Mr. Speaker, I yield shoving it to the President’s desk and Mr. HALL of Ohio. Mr. Speaker, can myself such time as I may consume. playing this ‘‘High Noon’’? Here we are, you tell me how much time I have re- Mr. Speaker, the gentlewoman from it is John Wayne. maining? Colorado, my colleague, resents the November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 12003 fact that I have the courage to stand consolidated into that office from the This is essential if we are to work to- up and debate with her? Sometimes Department of Commerce all of the gether to reach a balanced budget, people will not stand up to the gentle- trade activities that serve medium and which the American people have told woman. Mr. Speaker, It is about time small business and can do a great job us that they want, not a Republican ef- some of the facts of the gentlewoman in improving our competition in the fort or a Democratic effort to reorder be called to order. international market. our spending priorities but a bipartisan Mrs. SCHROEDER. Mr. Speaker, will Mr. HALL of Ohio. Mr. Speaker, how effort to bring fiscal responsibility to the gentleman yield? much time do I have remaining? this Government. Mr. MCINNIS. Mr. Speaker, I think The SPEAKER pro tempore. The gen- We must not allow the United States probably some of the correspondence tleman from Ohio [Mr. HALL] has 2 to default on its debt. We must move the gentlewoman has received on the minutes remaining, and the gentleman forward with balancing the budget, free elimination of the Department of Com- from Colorado [Mr. MCINNIS] has 3 min- from partisan distractions represented merce is from some of the employees of utes remaining. by this rule. the Department of Commerce. Mr. HALL of Ohio. Mr. Speaker, I Mrs. SCHROEDER. Mr. Speaker, will yield 2 minutes to the gentleman from I strongly support and advocate get- the gentleman yield? Virginia [Mr. PAYNE]. ting this country’s fiscal house in order. However, I believe that this his- Mr. MCINNIS. Mr. Speaker, no I will b not yield. 1330 toric effort is one which will take more PARLIAMENTARY INQUIRY Mr. PAYNE of Virginia. Mr. Speaker, time than is permitted in this Repub- Mrs. SCHROEDER. Mr. Speaker, I do I rise in strong opposition to this rule. lican bill before us today. I believe bal- not know how to debate the gentleman. Yesterday in the Committee on ancing our budget by the year 2002 is Parliamentary inquiry. Parliamentary Rules, I offered an amendment that of- too important an issue for this country inquiry. fered a fair and rational way to keep not to allow the President 30 days after Mr. MCINNIS. Regular order, Mr. pressure on both the Congress and the this important legislation hits his Speaker. President to reach a compromise to desk. The SPEAKER pro tempore. The gen- balance the Federal budget and with- Mr. Speaker, this rule does not allow tlewoman will be in order. The gen- out risking default. We will not have time for bipartisan cooperation on our tleman from Colorado [Mr. MCINNIS] an opportunity though to vote on my Nation’s budget. I strongly urge my controls the time. commonsense amendment because the colleagues to vote against this rule. Committee on Rules rejected it. Mr. MCINNIS. Mr. Speaker, I yield 30 Mr. HALL of Ohio. Mr. Speaker, I My amendment represented a fair seconds to the gentleman from Florida yield myself the balance of my time. [Mr. MICA]. proposal. It would have given us 30 Mr. MICA. Mr. Speaker, having been days after the President sent the rec- Mr. Speaker, this is a lousy rule. I involved in the private sector in inter- onciliation or after the President has think it is dangerous. I think since national trade before I got here, and received the reconciliation bill from 10:30 last night we added almost 300 coming from business, I can tell my the Congress to work out policy dif- pages to this bill which nobody has colleagues that this proposal is a tre- ferences and to get to our shared goal, read. I think we are messing around mendous improvement over the current which is a balanced budget. It was sim- with the credibility of the United disjointed, disorganized trade mess. ple. It was straightforward. It kept this States, and we should not do that. We have taken the USTR office, debt ceiling extension clear of these Mr. Speaker, I include the following which only has about 150 people, and partisan distractions. for the RECORD. FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H 12004 CONGRESSIONAL RECORD — HOUSE November 9, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title.. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority. H.R. 1977 ...... Interior Appropriations ...... H.Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority.. *RULE AMENDED* H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min), N/A if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the sub- stitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A text; Pre-printing gets priority. November 9, 1995 CONGRESSIONAL RECORD — HOUSE H 12005 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the sub- stitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A 2349 in order as original text; waives section 302(f) of the Budget Act against the sub- stitute; provides for the consideration of a managers amendment (10 min) If adopted, it is considered as base text; Pre-printing gets priority. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amend- ments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed; Provides for the immediate consideration of the CR; one motion to recommit which ...... may have instructions only if offered by the Minority Leader or a designee. H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers sub- stitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D H. Con. Res. 109 ...... Reform. bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A Walsh amendment as the first order of business (10 min); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed; Provides for the immediate consideration of the CR; one motion to recommit which N/A may have instructions only if offered by the Minority Leader or a designee. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive; Provides for the immediate consideration of the CR; one motion to recommit 5R which may have instructions only if offered by the Minority Leader or a designee; self- executes 4 amendments in the rule; Solomon, Medicare Coverage of Certain Anti-Cancer Drug Treatments, Habeas Corpus Reform, Chrysler (MI); makes in order the Walker amend (40 min) on regulatory reform. * Contract Bills, 67% restrictive; 33% open. ** All legislation, 57% restrictive; 43% open. *** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. MCINNIS. Mr. Speaker, I yield you have already accumulated, and racy. One of our colleagues on the the balance of my time to the gen- Americans go to jail for doing things other side said we are trying to hide tleman from Florida [Mr. GOSS], my like that. the dismantling of the Commerce De- colleague on the Committee on Rules. In past years the Democratic leader- partment. Wrong; we are shouting it The SPEAKER pro tempore (Mr. ship has sought to protect their Mem- from the roof tops. It is time. It is time GOODLATTE). The gentleman from Flor- bers from having to cast this tough to do this thing. ida [Mr. GOSS] is recognized for 3 min- vote, burying the debt limit extension utes. deep in the budget resolution because Incredibly, some of the rhetoric sug- (Mr. GOSS asked and was given per- there was no end in sight to the red ink gests that many of our Democratic mission to revise and extend his re- they could pour out. But here, as in so friends still do not get it. Nearly a cen- marks.) many other ways, the new leadership tury ago, one of this Nation’s wisest Mr. GOSS. Mr. Speaker, I thank the in the House has courageously charted leaders, Thomas Jefferson, wrote, and I distinguished gentleman from Colorado a different course, a more responsible quote: for yielding time to me, a hard working course. We are today casting this tough and hard charging member of the Com- I wish it were possible to obtain a single vote out in the open with nowhere to amendment to our Constitution. I would be mittee on Rules. I commend him and hide, right here in the sunshine. We willing to depend on that alone for the re- the gentleman from New York [Mr. owe it to the American people to tell duction of the administration of our govern- SOLOMON], the chairman of the Com- the truth about the mess that the lib- ment to the genuine principles of its Con- mittee on Rules for their tireless ef- eral spenders have put us in, and we stitution; I mean an additional article, tak- forts to bring balance to our Federal have to fix it and we have to plan to do ing from the Federal Government the power budget. That is what this debate is it. of borrowing. about. I know we have gotten off the As we come clean on the debt, we are If Thomas Jefferson’s view had pre- track here, but that is what this debate also cementing our commitment on the vailed, perhaps today we would not be is about. It is about money. It is about majority side anyway that such debt more than $4.9 trillion in debt. Thomas America and it is about taxpayers. extensions will in 7 years become a Jefferson saw the public debt as ‘‘the Other than some spending-addicted thing of the past, because we are going greatest of the dangers to be feared.’’ liberals, there are very few Members to stop spending more money than we who take pleasure in voting to raise have. We are going to balance our There were a lot of things to worry the debt limit because it says to the budget, and we are going to do it by about when he was alive. His prescient United States of America, we are fail- the year 2002. comments should ring in Members’ ing in our responsibilities here. In cast- This bill today will allow our leaders ears. We should past this temporary ing such a vote today, which I have to work with the White House, if, of measure so we can get on with the never voted for one of these things be- course, the White House wants to nego- business of paying down our debt once fore, Congress has got to admit that to tiate with us. It allows us to make the and for all. date we have been unable to control necessary down payment on our chil- I urge support for the rule. our Federal penchant for spending be- dren’s future by cutting spending, by yond our means. It is like endlessly in- freeing up taxpayers’ dollars for invest- Mr. Speaker, I move the previous creasing the credit limit on a credit ment in productivity and jobs and by question on the resolution. card when you cannot pay off the debt shrinking the bloated Federal bureauc- The previous question was ordered. H 12006 CONGRESSIONAL RECORD — HOUSE November 9, 1995 The SPEAKER pro tempore. The NAYS—200 ans’ Day and Members have travel question is on the resolution. Abercrombie Gibbons Olver plans, and parades and other events to The question was taken; and the Ackerman Gonzalez Ortiz honor our veterans. Andrews Gordon Orton Could the gentleman from Texas [Mr. Speaker pro tempore announced that Baesler Green Owens the ayes appeared to have it. Baldacci Gutierrez Pallone ARMEY] enlighten us on the schedule, Mr. MCINNIS. Mr. Speaker, I object Barcia Hall (OH) Pastor what the schedule will be in the next to the vote on the ground that a Barrett (WI) Hall (TX) Payne (NJ) couple of days as we move forward with Becerra Hamilton Payne (VA) these debt-limit bills and continuing quorum is not present and make the Beilenson Harman Pelosi point of order that a quorum is not Bentsen Hastings (FL) Peterson (MN) resolutions? present. Berman Hayes Pickett Mr. ARMEY. Mr. Speaker, will the Bevill Hefner Pomeroy gentleman yield? The SPEAKER pro tempore. Evi- Bishop Hilliard Poshard Mr. BONIOR. I yield to the gen- dently a quorum is not present. Bonior Hinchey Rahall tleman from Texas. The Sergeant at Arms will notify ab- Borski Holden Rangel Boucher Hoyer Mr. ARMEY. Mr. Speaker, I thank sent Members. Reed Brewster Jackson-Lee Richardson the gentleman from Michigan [Mr. The vote was taken by electronic de- Browder Jacobs Rivers BONIOR] for yielding. vice, and there were—yeas 220, nays Brown (CA) Jefferson Roemer Brown (FL) Johnson (SD) Mr. Speaker, of course we are all 200, not voting 12, as follows: Rose aware that the end-of-the-year schedul- Brown (OH) Johnson, E. B. Roybal-Allard [Roll No. 778] Bryant (TX) Johnston Rush ing difficulties that are commonplace, Cardin Kanjorski YEAS—220 Sabo especially to the first session of any Clay Kaptur Sanders Congress, are upon us. Allard Frisa Myers Clayton Kennedy (MA) Sawyer Clement Kennedy (RI) We have passed the continuing reso- Armey Funderburk Myrick Schiff Clyburn Kennelly Bachus Gallegly Nethercutt Schroeder lution over to the Senate, and they are Coleman Kildee Baker (CA) Ganske Neumann Schumer working on that right now as I under- Collins (IL) Kleczka Baker (LA) Gekas Ney Scott Collins (MI) Klink stand. We are now beginning to proceed Ballenger Gilchrest Norwood Serrano Condit LaFalce on the short-term debt limit. We Barr Gillmor Nussle Shadegg Conyers Lantos Barrett (NE) Gilman Oxley Shays should expect to perhaps finish that Costello Levin Bartlett Goodlatte Packard Sisisky sometime around 5 o’clock this Coyne Lewis (GA) Barton Goodling Parker Skaggs Cramer Lincoln evening. It will take us something in Bass Goss Paxon Skelton Bereuter Graham Danner Lipinski the neighborhood of an hour, maybe a Petri Slaughter Bilbray Greenwood Davis Lofgren Pombo Spratt little longer, to get the paperwork over Bilirakis Gunderson de la Garza Lowey Porter Stark to the Senate. The Senate, I am ad- Bliley Gutknecht DeFazio Luther Portman Stenholm Blute Hancock DeLauro Maloney vised, will begin consideration of the Pryce Stokes Boehlert Hansen Dellums Manton short-term debt limit as soon as we Quillen Studds Boehner Hastert Deutsch Markey Quinn Stupak have all our papers to them. Bonilla Hastings (WA) Dicks Martinez Radanovich Tanner Bono Hayworth Dingell Mascara b Ramstad Taylor (MS) 1400 Brownback Hefley Dixon Matsui Tejeda Bryant (TN) Heineman Regula Doggett McCarthy We are not certain how long it will Thompson Bunn Herger Riggs Dooley McDermott take them to work on that. We must be Roberts Thurman Bunning Hilleary Doyle McHale prepared. At least at this time, let me Burr Hobson Rogers Durbin McKinney Torres Burton Hoekstra Rohrabacher Edwards McNulty Torricelli say, until we know something more Buyer Hoke Ros-Lehtinen Engel Meehan Towns certain about possible Senate action, Callahan Horn Roth Eshoo Meek Traficant we will stand prepared to receive their Roukema Velazquez Calvert Hostettler Evans Menendez work back on either of the two bills to- Camp Houghton Royce Farr Mfume Vento Canady Hutchinson Salmon Fattah Miller (CA) Visclosky night, and hopefully we can do that to- Castle Hyde Sanford Fazio Minge Volkmer night and perhaps complete the proc- Chabot Inglis Saxton Filner Mink Ward ess. But I must say to the Members, Chambliss Istook Scarborough Flake Moakley Waters Chenoweth Johnson (CT) Schaefer Foglietta Mollohan Watt (NC) having been through this many times Christensen Johnson, Sam Seastrand Forbes Montgomery Waxman in the past, I would not expect to be Chrysler Jones Sensenbrenner Ford Moran Whitfield able to catch a plane home before Clinger Kelly Shuster Frank (MA) Morella Williams sometime tomorrow morning at the Coble Kim Skeen Frost Murtha Wise Coburn King Smith (MI) Furse Nadler Woolsey earliest, and, quite frankly, I think we Collins (GA) Kingston Smith (NJ) Gejdenson Neal Wyden would probably be most well prepared Combest Klug Smith (TX) Gephardt Oberstar Wynn if we prepared ourselves to be here Geren Obey Yates Cooley Knollenberg Smith (WA) working until noon tomorrow. Cox Kolbe Solomon NOT VOTING—12 Crane LaHood Souder I think that right now would rep- Crapo Largent Spence Archer Hunter Thornton resent a fair degree of optimism, de- Cremeans Latham Stearns Bateman Kasich Tucker pending on how things go between the Cubin LaTourette Stockman Chapman Peterson (FL) Weldon (PA) Fields (LA) Shaw Wilson House and Senate, and as they go, of Cunningham Laughlin Stump Deal Lazio course, we will have additional an- Talent b 1355 DeLay Leach Tate nouncements. At any point we have Diaz-Balart Lewis (CA) Tauzin Mr. STUDDS changed his vote from something more definitive that we can Dickey Lewis (KY) Taylor (NC) Doolittle Lightfoot ‘‘yea’’ to ‘‘nay.’’ share with the Members, we will do an Thomas Dornan Linder So the resolution was agreed to. Thornberry announcement of this type and keep Dreier Livingston Tiahrt The result of the vote was announced you apprised. Duncan LoBiondo as above recorded. Mr. BONIOR. Mr. Speaker, I would Dunn Longley Torkildsen Ehlers Lucas Upton A motion to reconsider was laid on ask the gentleman, how late does he Ehrlich Manzullo Vucanovich the table. expect to go this evening. Waldholtz Emerson Martini f Mr. ARMEY. Mr. Speaker, if the gen- English McCollum Walker Walsh tleman will continue to yield, I think Ensign McCrery LEGISLATIVE PROGRAM Everett McDade Wamp what we would have to do is take the Ewing McHugh Watts (OK) (Mr. BONIOR asked and was given measure of the Senate’s action. We Fawell McInnis Weldon (FL) permission to address the House for 1 would be, of course, prepared to stand Fields (TX) McIntosh Weller Flanagan McKeon White minute.) in recess to await the Senate’s work, Foley Metcalf Wicker Mr. BONIOR. Mr. Speaker, I have presuming they could get it done in Fowler Meyers Wolf asked to speak for the purposes of en- anything like a reasonable hour. Fox Mica Young (AK) gaging the distinguished majority lead- I think there comes a time when one Franks (CT) Miller (FL) Young (FL) Franks (NJ) Molinari Zeliff er in a colloquy about our schedule perhaps makes the decision we are bet- Frelinghuysen Moorhead Zimmer given the fact that tomorrow is Veter- ter off to surrender the evening and