[Congressional Record Volume 141, Number 111 (Tuesday, July 11, 1995)]
[House]
[Pages H6770-H6772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 1905, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 1996

  Mr. QUILLEN. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 171 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 171

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 1(b) of rule 
     XXIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 1905) making appropriations for energy and 
     water development for the fiscal year ending September 30, 
     1996, and for other purposes. The first reading of the bill 
     shall be dispensed with. General debate shall be confined to 
     the bill and shall not exceed one hour equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Appropriations. After general debate the bill 
     shall be considered for amendment under the five-minute rule. 
     The bill shall be considered by title rather than by 
     paragraph. Each title shall be considered as read. Points of 
     order against provisions in the bill for failure to comply 
     with clause 2 or 6 of rule XXI are waived except as follows: 
     beginning with ``: Provided further'' on page 6, line 6, 
     through ``such transfer'' on line 13. Where points of order 
     are waived against part of a paragraph, points of order 
     against a provision in another part of such paragraph may be 
     made only against such provision and not against the entire 
     paragraph. Before consideration of any other amendment it 
     shall be in order to consider the amendment printed in the 
     report of the Committee on Rules accompanying this resolution 
     if offered by Representative Shuster of Pennsylvania or his 
     designee. That amendment shall be considered as read, shall 
     be debatable for ten minutes equally divided and controlled 
     by the proponent and an opponent, shall not be subject to 
     amendment, and shall not be subject to a demand for division 
     of the question in the House or in the Committee of the 
     Whole. All points of order against that amendment are waived. 
     After disposition of that amendment, the provisions of the 
     bill as then perfected shall be considered as original text. 
     During further consideration of the bill for amendment, the 
     Chairman of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 6 
     of rule XXIII. Amendments so printed shall be considered as 
     read. At the conclusion of consideration of the bill for 
     amendment the Committee shall rise and report the bill to the 
     House with such amendments as may have been adopted. The 
     previous question shall be considered as ordered on the bill 
     and amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.

  The SPEAKER pro tempore. The gentleman from Tennessee [Mr. Quillen] 
is recognized for 1 hour.
  Mr. QUILLEN. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from California [Mr. Beilenson] 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.
  (Mr. QUILLEN asked and was given permission to revise and extend his 
remarks.)
  Mr. QUILLEN. Mr. Speaker, House Resolution 171 is an open rule 
providing for the consideration of H.R. 1905, the Energy and Water 
Development Appropriations Act for fiscal year 1996. The rule provides 
1 hour of general debate divided equally between the chairman and 
ranking minority member of the Committee on Appropriations. The bill 
will be read by title for amendment, with each title considered as 
read.
  The rule waives clause 2 of rule XXI--prohibiting unauthorized 
appropriations and legislation in an appropriations bill--and also 
waives clause 6 of rule XXI--prohibiting reappropriations--against 
provisions of the bill except for the proviso beginning on page 6 at 
line 6 pertaining to the Cooper Lake and Channels, TX project.
  Under the rule, it shall be in order to first consider an amendment 
offered by Representative Shuster of Pennsylvania printed in the Rules 
Committee Report to accompany this rule. The amendment shall be 
considered as read, shall be debatable for 10 minutes, equally divided 
between the proponent and an opponent of the amendment. This amendment 
is not subject to amendment or to a demand for a division of the 
question in the House or the Committee of the Whole. All points of 
order are waived against the amendment. If adopted, the amendment shall 
be considered as original text for the purpose of further amendment 
under the 5-minute rule.
  The rule authorizes the Chair to accord priority in recognition to 
Members who have pre-printed their amendments in the Congressional 
Record. Finally, the rule allows one motion to recommit, with or 
without instructions.
  Mr. Speaker, I'd like to congratulate my very good friend, Chairman 
John Myers and the ranking minority member, Tom Bevill, for continuing 
their long-standing tradition of bringing forward a bipartisan, 
fiscally responsible bill. They've been working together on this 
committee for many years. This bill is $1.6 billion lower than the 
fiscal year 1995 level, and the committee has done an outstanding job 
in making these limited funds go a long way.
  H.R. 1905 makes appropriations for the Corps of Engineers, the Bureau 
of Reclamation, the Department of Energy, and various independent 
agencies. I am particularly pleased that funding for the Appalachian 
Regional Commission and the Tennessee Valley Authority has been 
included in this bill. Although both received sizable reductions, the 
committee recognized the valuable contributions they make to recipient 
States.
  The Appalachian Regional Commission is regional economic development 
agency established 30 years ago to bring almost 400 counties in the 13 
Appalachian States into the mainstream of the American economy. ARC's 
mission is to equip Appalachian citizens with the skills and enterprise 
development resources they need to create self-sustaining local 
economies where people take control over their own economic destiny and 
contribute as taxpayers to the national economy.
  Over the years, as a result of ARC programs, the regional poverty 
rate has been cut in half, the percentage of adults with a high school 
education has doubled, and the region's infant mortality rate has been 
cut by two-thirds. But much more remains to be done, and the funding 
provided in this bill will enable the ARC to continue its mission.
  Mr. Speaker, of equal importance is the continued funding for the 
Tennessee Valley Authority. There seems to be some confusion and 
misinformation about the use of Federal dollars for TVA, and I want to 
emphasize that no Federal money goes toward subsidizing the electric 
power program. This program is entirely funded through power sales and 
the issuance of securities, and there is no Federal subsidy for the 
consumer.
                              {time}  1430

  Federal dollars are used specifically for maintenance of the 
Tennessee River System and stewardship of the Federal lands under TVA's 
control. This is comparable to the functions provided by the Corps of 
Engineers in other areas.
  Federal dollars also go toward a variety of targeted economic 
development programs. And to the Land-Between-the-Lakes, a Federal 
recreation area in Tennessee and Kentucky, which is the largest 
contiguous forest east of the Mississippi River. These are important 
services mandated by statute, and we have an obligation to continue to 
provide funding.

[[Page H 6771]]

  Mr. Speaker, this open rule will allow all Members to fully 
participate in the amendment process, and I urge its adoption.
  Mr. Speaker, alluding further to the Federal funding, for the TVA, 
already the committee has recommended a $42 million cut in the program. 
This is only $19 million for economic development, and the balance in 
the bill goes for operation of the dams, the tributaries of the 
Tennessee River, and the streams that flow into the river to prevent 
flood control. As I said, such other functions in other States are 
controlled by the Corps of Engineers and federally funded.
  I understand there may be an amendment offered to eliminate these 
funds. I want to caution the proponents of TVA that this is an 
amendment that we must watch, that we must defeat when and if it is 
presented, because the purpose of the amendment is flawed in its 
inception, and we must watch carefully to ensure that the TVA is not 
scuttled from the program mandated by the Congress.
  So I urge Members to be aware that the Federal Government provides 
funding for the programs of maintenance of flood control and operation 
of other dams and that this is a program that the Federal Government 
should continue. So, being alerted to that end, I urge the membership 
to be on the floor if such an amendment is offered, and to vote against 
it.

  THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,\1\ 103D CONGRESS V. 104TH CONGRESS 
                                              [As of July 10, 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                 31                 71
Modified Closed \3\.................                 49                 47                 12                 27
Closed \4\..........................                  9                  9                  1                  2
                                     ---------------------------------------------------------------------------
      Totals:.......................                104                100                 44                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 May 12, 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/  
                                            H.J. Res. 1.........  Balanced Budget Amdt.....   95).              
H. Res. 51 (1/31/95)  O...................  H.R. 101............  Land Transfer, Taos        A: voice vote (2/1/
                                                                   Pueblo Indians.            95).              
H. Res. 52 (1/31/95)  O...................  H.R. 400............  Land Exchange, Arctic      A: voice vote (2/1/
                                                                   Nat'l. Park and Preserve.  95).              
H. Res. 53 (1/31/95)  O...................  H.R. 440............  Land Conveyance, Butte     A: voice vote (2/1/
                                                                   County, Calif.             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           A: voice vote (2/9/
                                                                   Incarceration.             95).              
H. Res. 69 (2/9/95).  O...................  H.R. 668............  Criminal Alien             A: voice vote (2/10/
                                                                   Deportation.               95).              
H. Res. 79 (2/10/95)  MO..................  H.R. 728............  Law Enforcement Block      A: voice vote (2/10/
                                                                   Grants.                    95).              
H. Res. 83 (2/13/95)  MO..................  H.R. 7..............  National Security          PQ: 229-100; A: 227-
                                                                   Revitalization.            127 (2/15/95).    
H. Res. 88 (2/16/95)  MC..................  H.R. 831............  Health Insurance           PQ: 230-191; A: 229-
                                                                   Deductibility.             188 (2/21/95).    
H. Res. 91 (2/21/95)  O...................  H.R. 830............  Paperwork Reduction Act..  A: v.v. (2/2?/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/    O...................  H.R. 926............  Regulatory Reform and      A: voice vote (2/28/
 95).                                                              Relief Act.                95).              
H. Res. 101 (2/28/    MO..................  H.R. 925............  Private Property           A: 271-151 (3/1/95)
 95).                                                              Protection Act.                              
H. Res. 104 (3/3/95)  MO..................  H.R. 988............  Attorney Accountability    A: voice vote (3/6/
                                                                   Act.                       95)               
H. Res. 103 (3/3/95)  MO..................  H.R. 1058...........  Securities Litigation      ...................
                                                                   Reform.                                      
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)      
H. Res. 115 (3/14/    MO..................  H.R. 1158...........  Making Emergency Supp.     A: 242-190 (3/15/  
 95).                                                              Approps..                  95)               
H. Res. 116 (3/15/    MC..................  H.J. Res. 73........  Term Limits Const. Amdt..  A: voice vote (3/28/
 95).                                                                                         95)               
H. Res. 117 (3/16/    Debate..............  H.R. 4..............  Personal Responsibility    A: voice vote (3/21/
 95).                                                              Act of 1995.               95)               
H. Res. 119 (3/21/    MC..................  ....................  .........................  A: 217-211 (3/22/  
 95).                                                                                         95)               
H. Res. 125 (4/3/95)  O...................  H.R. 1271...........  Family Privacy Protection  A: 423-1 (4/4/95)  
                                                                   Act.                                         
H. Res. 126 (4/3/95)  O...................  H.R. 660............  Older Persons Housing Act  ...................
H. Res. 128 (4/4/95)  MC..................  H.R. 1215...........  Contract With America Tax  A: 228-204 (4/5/95)
                                                                   Relief Act of 1995.                          
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     A: voice vote (5/2/
                                                                   1995.                      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/    O...................  H.R. 535............  Fish Hatchery--Arkansas..  A: voice vote (5/15/
 95).                                                                                         95)               
H. Res. 145 (5/11/    O...................  H.R. 584............  Fish Hatchery--Iowa......  A: voice vote (5/15/
 95).                                                                                         95)               
H. Res. 149 (5/16/    MC..................  H. Con. Res. 67.....  Budget Resolution FY 1996  PQ: 252-170 A: 255-
 95).                                                                                         168 (5/17/95)     
H. Res. 155 (5/22/    MO..................  H.R. 1561...........  American Overseas          A: 233-176 (5/23/  
 95).                                                              Interests Act.             95)               
H. Res. 164 (6/8/95)  MC..................  H.R. 1530...........  Nat. Defense Auth. FY      PQ: 233-183 (6/13/ 
                                                                   1996.                      95)               
H. Res. 167 (6/15/    O...................  H.R. 1517...........  MilCon Appropriations FY   PQ:223-180 A: 245- 
 95).                                                              1996.                      155 (6/16/95)     
H. Res. 169 (6/19/    MC..................  H.R. 1854...........  Leg. Branch Approps. FY    PQ: 232-196 A: 236-
 95).                                                              1996.                      191 (6/20/95)     
H. Res. 170 (6/20/    O...................  H.R. 1868...........  For. Ops. Approps. FY      PQ:221-178 A: 217- 
 95).                                                              1996.                      175 (6/22/95)     
H. Res. 171 (6/22/    O...................  H.R. 1905...........  Energy & Water Approps.    ...................
 95).                                                              FY 1996.                                     
H. Res. 173 (6/27/    C...................  H.J. Res. 79........  Flag Constitutional        PQ: 258-170 A: 271-
 95).                                                              Amendment.                 152 (6/28/95)     
H. Res. 176 (6/28/    MC..................  H.R. 1944...........  Emer. Supp. Approps......  PQ: 236-194 A: 234-
 95).                                                                                         192 (6/29/95)     
----------------------------------------------------------------------------------------------------------------
Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; PQ-previous 
  question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.                           

  Mr. Speaker, I reserve the balance of my time.
  Mr. BEILENSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank the gentleman from Tennessee [Mr. Quillen] for 
yielding the customary 30 minutes of debate time to me.
  Mr. Speaker, we support this rule for consideration of H.R. 1905, the 
energy and water appropriations bill for fiscal year 1996.
  Mr. Speaker, the rule does contain waivers of standing House rules 
for several provisions in the bill. The waivers protect the provisions 
from points of order that could be raised against them because they 
violate House rules that prohibit appropriations for authorized 
projects and legislation in an appropriations bill.
  We do not object to the waivers. My colleagues will recall, however, 
that the authors of this rule complained over and over again last year 
about legislating in an appropriations bill, calling it, and I quote, a 
cumbersome and inefficient way of doing business, end of quote. It 
appears many Members have now discovered that that is often necessary 
to waive points of order for that purpose. Since the majority raised 

[[Page H 6772]]

no objection to the waivers provision in the bill, we did feel it would 
have been fair to protect the amendments of several Members who 
requested waivers for them.
  We sought unsuccessfully to make several of those amendments in 
order.
  We asked that the Brewster-Harman amendment, which seeks to ensure 
that any savings from the bill be applied directly to deficit 
reduction, and the Traficant Buy America sense-of-Congress resolution, 
receive the necessary waivers. Unfortunately, our requests were 
defeated on straight party-line votes.
  In addition, Mr. Speaker, we requested that the Chapman provision in 
the reported bill receive the same protection that was accorded all 
other unauthorized projects in the bill. We felt it was only fair that 
it be treated in the same way and not be singled out in this manner. 
Our effort in this respect was also unsuccessful.
  Mr. Speaker, we are concerned about the clear shift in direction that 
is reflected in the funding priorities in this $18.7 billion spending 
bill. While we understand the budget constraints the Appropriations 
Committee faced in developing this bill, there is some concern that the 
choice to cut energy research so drastically was in exchange for 
maintaining a status quo approach to funding other projects.
  Many Members are especially concerned about the severe cut of 51 
percent recommended by the committee in renewable energy research an 
development funding. These energy sources are essential if we are to 
reduce the trade deficit, and curb greenhouse gas emissions, air 
pollution, and other waste generation from energy use. We very much 
regret that our commitment to renewable energy supplies is apparently 
foundering.
  In any event, Mr. Speaker, under this essentially open rule, Members 
will be able to offer amendments to cut spending further and to change 
the spending priorities, and, in fact we anticipate quite a number of 
amendments on a wide range of issues.
  We commend the new chairman of the committee, the gentleman from 
Indiana [Mr. Myers] and the ranking member, the gentleman from Alabama 
[Mr. Bevill] for their good work and their cooperation in bringing this 
bill to the House.
  Mr. Speaker, to repeat, we support the rule. We urge our colleagues 
to approve it so that we may proceed to the consideration of the energy 
and water appropriation bill and amendments to it as soon as possible.
  Mr. Speaker, we have no requests for time on this side, and I yield 
back the balance of my time.
  Mr. QUILLEN. Mr. Speaker, I, too, have no other requests for time, I 
yield back the balance of my time, and I move the previous question on 
the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________