[Pages H205-H207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      SWEARING IN OF MEMBERS-ELECT

  The SPEAKER (during the vote). Will the gentleman from Tennessee (Mr. 
Bryant), the gentleman from Oregon (Mr. DeFazio), the gentleman from 
Virginia (Mr. Goode), and the gentlewoman from New York (Ms. Slaughter) 
kindly come to the well of the House and take the oath of office at 
this time.
  Mr. Bryant, Mr. DeFazio, Mr. Goode, and Ms. Slaughter appeared at the 
bar of the House and took the oath of office, as follows:
  Do you solemnly swear what you will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reservation or 
purpose of evasion; and that you will well and faithfully discharge the 
duties of the office on which you are about to enter. So help you God.
  The SPEAKER. Congratulations. You are now Members of the United 
States Congress.
  Ms. BERKLEY and Mr. BERMAN changed their vote from ``yea'' to 
``nay.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.


                Motion to Commit Offered by Mr. Moakley

  Mr. MOAKLEY. Mr. Speaker, I offer a motion to commit.
  The SPEAKER pro tempore (Mr. LaHood). The Clerk will report the 
motion.
  The Clerk read as follows:

       Mr. Moakley moves to commit the resolution H. Res. 5 to a 
     select committee comprised of the majority leader and the 
     minority leader with instructions to report the same back to 
     the House forthwith with the following amendments:

       In the amendment made by this resolution to clause 5(a)(1) 
     of rule X of the Rules of the House of Representatives, add 
     at the end the following new sentence: ``The ratio of 
     majority party members to minority party members in the 
     distribution of committee seats shall reflect the ratio of 
     majority party members to minority party members in the 
     House.''.

       At the end, add the following new rule:

                              ``Rule XXIX


                          ``pay-as-you-go rule

       ``1. This rule requires that all direct spending and 
     revenue legislation be fully paid for until the Social 
     Security Trust Fund is actuarially sound. After the Trust 
     Fund becomes actuarially sound, this rule requires that such 
     legislation be fully paid for except to the extent that the 
     Federal budget is in surplus without counting the Social 
     Security Trust Fund.
       ``2. For purposes of this rule, the term--
       ``(1) `Social Security Trust Fund' means the Old Age and 
     Survivors Insurance Trust Fund and the Disability Insurance 
     Trust Fund, combined, established by title II of the Social 
     Security Act;
       ``(2) `Social Security solvency certification' means a 
     written statement by the Board of Trustees of the Social 
     Security Trust Fund that the Fund is in actuarial balance for 
     the 75-year period used in the most recent annual report of 
     that Board pursuant to rule 201(c)(2) of the Social Security 
     Act;
       ``(3) `direct spending legislation' means any bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending as that term is defined by and 
     interpreted for purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, except any provision that funds 
     or continues in effect the deposit insurance guarantee 
     commitment in effect on the date of agreement to this rule;
       ``(4) `to be fully paid for' means that net reduction in 
     revenues do not exceed net reduction in direct spending, or 
     net increases in outlays do not exceed net increases in 
     revenues, when those increases and reductions are calculated 
     relative to an estimate of current law;
       ``(5) `current year' means the fiscal year starting on 
     October 1 of the prior calendar year; and
       ``(6) `budget year' means the fiscal year starting on 
     October 1 of the current calendar year.
       ``3. (a) It shall not be in order to consider any direct 
     spending or revenue legislation unless in the form proposed 
     for consideration and during each of the applicable time 
     periods specified in paragraph (b)--
       ``(1) that legislation fully pays for itself, or
       ``(2) that legislation is fully paid for when counting any 
     credits available under paragraph (c).
       ``(b) For purposes of this clause, the applicable time 
     periods are--
       ``(1) the current year and the budget year,
       ``(2) the five fiscal years following the current year, and
       ``(3) the five fiscal years following the time period 
     specified in subparagraph (2).
       ``(c)(1) For purposes of paragraph (a) and with respect to 
     direct spending or revenue legislation previously enacted 
     during the current calendar year, the net extent (if any) by 
     which all such legislation is more than fully paid for in one 
     of the applicable time period shall count as a credit for 
     that time period.
       ``(2) Once enacted, legislation considered pursuant to a 
     reconciliation directive shall not be counted as previously 
     enacted legislation for purposes of subparagraph (1), but 
     such legislation itself shall be subject to the requirements 
     of this rule.
       ``(3) When a Social Security solvency certification is 
     issued, the chairman of the Committee on the Budget shall 
     insert it in the Congressional Record. At the beginning of 
     the first calendar year thereafter, projected budget 
     surpluses (if any) shall be included as a separate entry on 
     the Pay-As-You-Go scorecard and count as credits for purposes 
     of paragraph (a). At the beginning of each subsequent 
     calendar year, the previous entry of surpluses shall be 
     replaced by an updated entry. For the purpose of the prior 
     two sentences, surpluses shall--
       ``(A) be calculated excluding all the receipts and outlays 
     of the Social Security Trust Fund (and any other off-budget 
     Federal entity), and
       ``(B) be calculated separately for each of the applicable 
     time period.
       ``4. For purposes of this rule, the levels of outlays, 
     revenues, surpluses, and deficits under current law or 
     resulting from proposed legislation for a fiscal year shall 
     be determined on the basis of estimates made by the Committee 
     on the Budget.''.

  The SPEAKER pro tempore. The motion to commit is not debatable.
  Without objection, the previous question is ordered on the motion to 
commit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to commit 
offered by the gentleman from Massachusetts (Mr. Moakley).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. MOAKLEY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 201, 
nays 218, not voting 8, as follows:

                              [Roll No. 4]

                               YEAS--201

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gejdenson
     Gephardt
     Gonzalez
     Goode
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hastings (FL)
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Hooley
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lampson
     Lantos
     Larson
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Menendez
     Millender-McDonald
     Minge
     Mink
     Moakley
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Olver
     Ortiz
     Owens
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rothman
     Roybal-Allard
     Rush
     Sabo

[[Page H206]]


     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stabenow
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Weygand
     Wise
     Woolsey
     Wu
     Wynn

                               NAYS--218

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Biggert
     Bilbray
     Bilirakis
     Bliley
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Chenoweth
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Foley
     Forbes
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     LoBiondo
     Lucas (OK)
     Manzullo
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Upton
     Walden
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Blunt
     Davis (FL)
     Holt
     Jenkins
     Meek (FL)
     Meeks (NY)
     Obey
     Pallone

                              {time}  1606

  Mr. PORTMAN and Mr. GRAHAM changed their vote from ``yea'' to 
``nay.''
  Mr. GONZALEZ changed his vote from ``nay'' to ``yea.''
  So the motion to commit was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. PALLONE. Mr. Speaker, during rollcall vote No. 4, I was 
unavoidably detained. Had I been present, I would have voted ``yes.''


                          personal explanation

  Mr. HOLT. Mr. Speaker, during rollcall vote No. 4, I was unavoidably 
detained. Had I been present, I would have voted ``yes.''
  The SPEAKER pro tempore (Mr. LaHood). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MOAKLEY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 217, 
nays 204, not voting 6, as follows:

                              [Roll No. 5]

                               YEAS--217

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Biggert
     Bilbray
     Bilirakis
     Bliley
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Chenoweth
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Foley
     Forbes
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     LoBiondo
     Lucas (OK)
     Manzullo
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Upton
     Walden
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--204

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

                             NOT VOTING--6

     Blunt
     Bonior
     Cardin
     Hefley
     Jenkins
     Lipinski

                              {time}  1624

  Mr. BILBRAY changed his vote from ``nay'' to ``yea.''
  So the resolution was agreed to.

[[Page H207]]

  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________