[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[House]
[Pages H7610-H7614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 3756, TREASURY, POSTAL SERVICE, AND 
              GENERAL GOVERNMENT APPROPRIATIONS ACT, 1997

  Mr. DIAZ-BALART. Mr. Speaker, by direction of the Committee on Rules, 
I call up House Resolution 475 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 475

       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. 3756) making appropriations for the Treasury 
     Department, the United States Postal Service, the Executive 
     Office of the President, and certain Independent Agencies, 
     for the fiscal year ending September 30, 1997, and for other 
     purposes. The first reading of the bill shall be dispensed 
     with. Points of order against consideration of the bill for 
     failure to comply with section 302(f), 308(a), or 401(b) of 
     the Congressional Budget Act of 1974 are waived. 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 amendment printed 
     in part 1 of the report of the Committee on Rules 
     accompanying this resolution shall be considered as adopted 
     in the House and in the Committee of the Whole. Points of 
     order against provisions in the bill, as amended, for failure 
     to comply with clause 2 or 6 or rule XXI are waived except as 
     follows: page 53, line 15, through page 55, line 12; and page 
     56, line 13, through page 57, line 3. Before consideration of 
     any other amendment it shall be in order to consider the 
     amendments printed in part 2 of the report of the Committee 
     on Rules. Each amendment printed in part 2 of the report may 
     be considered only in the order printed, may be offered only 
     by a Member designated in the report, shall be considered as 
     read, shall be debatable for the time specified in the report 
     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 
     the amendments printed in part 2 of the report are waived. 
     During consideration of the bill for further 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. The Chairman of the Committee of the Whole may postpone 
     until a time during further consideration in the Committee of 
     the Whole a request for a recorded vote on any amendment. The 
     Chairman of the Committee of the Whole may reduce to not less 
     than five minutes the time for voting by electronic device on 
     any postponed question that immediately follows another vote 
     by electronic device without intervening business, provided 
     that the time for voting by electronic device on the first in 
     any series of questions shall not be less than fifteen 
     minutes. After the reading of the final lines of the bill, a 
     motion that the Committee of the Whole rise and report the 
     bill to the House with such amendments as may have been 
     adopted shall, if offered by the majority leader or a 
     designee, have precedence over a motion to amend. 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 Florida [Mr. Diaz-Balart] 
is recognized for 1 hour.
  Mr. DIAZ-BALART. Mr. Speaker, for purposes 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 
purposes of debate only.
  (Mr. DIAZ-BALART asked and was given permission to extend his remarks 
and to include extraneous matter.)
  Mr. DIAZ-BALART. Mr. Speaker, House Resolution 475 is an open rule, 
providing for the consideration of H.R. 3756, the Treasury, Postal 
Service and General Government Appropriations bill for fiscal year 
1997. H.R. 3756 provides funds for the Treasury Department, the U.S. 
Postal Service, the Executive Office of the President, and certain 
independent agencies.
  The rule waives three provisions of the Congressional Budget Act of 
1974

[[Page H7611]]

against consideration of the bill. These provisions include section 
302(f), prohibiting consideration of legislation providing new 
entitlement authority in excess of a committee's allocation; section 
308(a), requiring a CBO cost estimate in the committee report on 
legislation containing new entitlement spending; and section 401(b), 
prohibiting consideration of legislation providing new entitlement 
authority which becomes effective during the fiscal year which ends in 
the calendar year in which the bill is reported.
  In addition, the rule provides one hour of general debate equally 
divided and controlled by the chairman and ranking minority member of 
the Committee on Appropriations.
  The rule also provides for the adoption in the House and in the 
Committee of the Whole of the amendment printed in part 1 of the Rules 
Committee report relating to certain expedited procedures under the 
Rules Committee's jurisdiction. This clarifies that certain expedited 
procedures apply only to the Senate for resolutions of disapproval with 
respect to extensions of loans or credit to foreign governments.
  The rule waives clause 2--prohibiting unauthorized and legislative 
provisions--and clause 6--prohibiting reappropriations--of rule XXI 
against provisions of the bill, except as otherwise specified in the 
rule.
  Further, the rule provides for consideration before any other 
amendment of those amendments printed in part 2 of the Rules Committee 
report, which shall be considered as read, shall be debatable for the 
time specified in the report 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 a division of the question in the House 
or the Committee of the Whole.

  In addition, the Chair is authorized to accord priority in 
recognition to Members who have preprinted their amendments in the 
Congressional Record.
  Also, the rule allows the chairman of the Committee of the Whole to 
postpone votes during consideration of the bill, and to reduce voting 
time to 5 minutes on a postponed question if the vote follows a 15-
minute vote.
  Furthermore, the rule provides that a motion to rise and report the 
bill to the House with such amendments as may have been adopted shall 
have precedence over a motion to amend, if offered by the majority 
leader or a designee after the reading of the final lines of the bill.
  And finally, the rule provides for one motion to recommit with or 
without instructions.
  Mr. Speaker, I would like to stress that House Resolution 475 is an 
open rule, and was reported out of the Rules Committee without 
opposition. The Budget waivers are technical in nature, dealing 
primarily with entitlement program changes regarding retirement 
benefits.
  Mr. Speaker, in addition to being an open rule that allows any Member 
who chooses to offer an appropriate amendment to cut or reallocate 
spending priorities the ability to do so, the rule allows for 
consideration of three additional amendments which are legislative in 
nature but have no objections by the authorizing committees of 
jurisdiction. These amendments allow members to consider, first, 
restoring employees at the Office of National Drug Control Policy; 
second, freezing the pay of Members of Congress and senior officials of 
the executive and judicial branches of government; and third, requiring 
the President, through OMB, to cap the number of political appointees 
in the executive branch.
  Mr. Speaker, I urge my colleagues to support this rule as well a the 
bill. H.R. 3756 is a fiscally responsible bill, achieving deficit 
savings of $513 million from 1996 enacted levels. Although there are 
some controversial areas within this bill, such as cuts to the Internal 
Revenue Service's troubled Computer Modernization Program, the Treasury 
Department's law enforcement functions have enjoyed broad bipartisan 
support. In addition, the bill provides $12 million in supplemental 
appropriations for the Bureau of Alcohol, Tobacco and Firearms to 
investigate church fires. The House has overwhelmingly voted to condemn 
church arson and I commend the appropriations committee for providing 
financial resources to help fight this atrocity.
  Although there may be some differences of opinion on the bill itself, 
I believe that the rule is fair and should easily be adopted.
  I would like to commend subcommittee Chairman Lightfoot, ranking 
member Hoyer, Chairman Livingston, and the ranking member, the 
gentleman from Wisconsin, Mr. Obey, for their hard work on this bill. I 
urge my colleagues to support House Resolution 475.
  Mr. Speaker, I include for the Record the following tables.
  The material referred to is as follows:

  THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,\1\ 103D CONGRESS V. 104TH CONGRESS 
                                              [As of July 11, 1996]                                             
----------------------------------------------------------------------------------------------------------------
                                                  103d Congress                        104th Congress           
              Rule type              ---------------------------------------------------------------------------
                                       Number of rules    Percent of total   Number of rules    Percent of total
----------------------------------------------------------------------------------------------------------------
Open/Modified-Open \2\..............                 46                 44                 78                 60
Structured/Modified Closed \3\......                 49                 47                 35                 27
Closed \4\..........................                  9                  9                 17                 13
                                     ---------------------------------------------------------------------------
      Total.........................                104                100                130                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 structured or 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 July 11, 1996]                                             
----------------------------------------------------------------------------------------------------------------
                                                                                                 Disposition of 
    H. Res. No. (Date rept.)         Rule type           Bill No.              Subject                rule      
----------------------------------------------------------------------------------------------------------------
H. Res. 38 (1/18/95)...........  O................  H.R. 5...........  Unfunded Mandate        A: 350-71 (1/19/ 
                                                                        Reform.                 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/
                                                                        Pueblo Indians.         1/95).          
H. Res. 52 (1/31/95)...........  O................  H.R. 400.........  Land Exchange, Arctic   A: voice vote (2/
                                                                        Nat'l. Park and         1/95).          
                                                                        Preserve.                               
H. Res. 53 (1/31/95)...........  O................  H.R. 440.........  Land Conveyance, Butte  A: voice vote (2/
                                                                        County, Calif.          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       A: voice vote (2/
                                                                        Reform.                 7/95).          
H. Res. 63 (2/8/95)............  MO...............  H.R. 667.........  Violent Criminal        A: voice vote (2/
                                                                        Incarceration.          9/95).          
H. Res. 69 (2/9/95)............  O................  H.R. 668.........  Criminal Alien          A: voice vote (2/
                                                                        Deportation.            10/95).         
H. Res. 79 (2/10/95)...........  MO...............  H.R. 728.........  Law Enforcement Block   A: voice vote (2/
                                                                        Grants.                 13/95).         
H. Res. 83 (2/13/95)...........  MO...............  H.R. 7...........  National Security       PQ: 229-199; A:  
                                                                        Revitalization.         227-197 (2/15/  
                                                                                                95).            
H. Res. 88 (2/16/95)...........  MC...............  H.R. 831.........  Health Insurance        PQ: 230-191; A:  
                                                                        Deductibility.          229-188 (2/21/  
                                                                                                95).            
H. Res. 91 (2/21/95)...........  O................  H.R. 830.........  Paperwork Reduction     A: voice vote (2/
                                                                        Act.                    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   A: 252-175 (2/23/
                                                                        Act.                    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   A: voice vote (2/
                                                                        Relief Act.             28/95).         
H. Res. 101 (2/28/95)..........  MO...............  H.R. 925.........  Private Property        A: 271-151 (3/2/ 
                                                                        Protection Act.         95).            

[[Page H7612]]

                                                                                                                
H. Res. 103 (3/3/95)...........  MO...............  H.R. 1058........  Securities Litigation   .................
                                                                        Reform.                                 
H. Res. 104 (3/3/95)...........  MO...............  H.R. 988.........  Attorney                A: voice vote (3/
                                                                        Accountability Act.     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       A: voice vote (3/
                                                                        Reform.                 8/95).          
H. Res. 109 (3/8/95)...........  MC...............  .................  ......................  PQ: 234-191 A:   
                                                                                                247-181 (3/9/   
                                                                                                95).            
H. Res. 115 (3/14/95)..........  MO...............  H.R. 1159........  Making Emergency Supp.  A: 242-190 (3/15/
                                                                        Approps.                95).            
H. Res. 116 (3/15/95)..........  MC...............  H.J. Res. 73.....  Term Limits Const.      A: voice vote (3/
                                                                        Amdt.                   28/95).         
H. Res. 117 (3/16/95)..........  Debate...........  H.R. 4...........  Personal                A: voice vote (3/
                                                                        Responsibility Act of   21/95).         
                                                                        1995.                                   
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          A: 423-1 (4/4/   
                                                                        Protection Act.         95).            
H. Res. 126 (4/3/95)...........  O................  H.R. 660.........  Older Persons Housing   A: voice vote (4/
                                                                        Act.                    6/95).          
H. Res. 128 (4/4/95)...........  MC...............  H.R. 1215........  Contract With America   A: 228-204 (4/5/ 
                                                                        Tax Relief Act of       95).            
                                                                        1995.                                   
H. Res. 130 (4/5/95)...........  MC...............  H.R. 483.........  Medicare Select          A: 253-172 (4/6/
                                                                        Expansion.              95).            
H. Res. 136 (5/1/95)...........  O................  H.R. 655.........  Hydrogen Future Act of  A: voice vote (5/
                                                                        1995.                   2/95).          
H. Res. 139 (5/3/95)...........  O................  H.R. 1361........  Coast Guard Auth. FY    A: voice vote (5/
                                                                        1996.                   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--         A: voice vote (5/
                                                                        Arkansas.               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--         A: voice vote (5/
                                                                        Minnesota.              15/95).         
H. Res. 149 (5/16/95)..........  MC...............  H. Con. Res. 67..  Budget Resolution FY    PQ: 252-170 A:   
                                                                        1996.                   255-168 (5/17/  
                                                                                                95).            
H. Res. 155 (5/22/95)..........  MO...............  H.R. 1561........  American Overseas       A: 233-176 (5/23/
                                                                        Interests Act.          95).            
H. Res. 164 (6/8/95)...........  MC...............  H.R. 1530........  Nat. Defense Auth. FY   PQ: 225-191 A:   
                                                                        1996.                   233-183 (6/13/  
                                                                                                95).            
H. Res. 167 (6/15/95)..........  O................  H.R. 1817........  MilCon Appropriations   PQ: 223-180 A:   
                                                                        FY 1996.                245-155 (6/16/  
                                                                                                95).            
H. Res. 169 (6/19/95)..........  MC...............  H.R. 1854........  Leg. Branch Approps.    PQ: 232-196 A:   
                                                                        FY 1996.                236-191 (6/20/  
                                                                                                95).            
H. Res. 170 (6/20/95)..........  O................  H.R. 1868........  For. Ops. Approps. FY   PQ: 221-178 A:   
                                                                        1996.                   217-175 (6/22/  
                                                                                                95).            
H. Res. 171 (6/22/95)..........  O................  H.R. 1905........  Energy & Water          A: voice vote (7/
                                                                        Approps. FY 1996.       12/95).         
H. Res. 173 (6/27/95)..........  C................  H.J. Res. 79.....  Flag Constitutional     PQ: 258-170 A:   
                                                                        Amendment.              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    PQ: 235-193 D:   
                                                                        1996.                   192-238 (7/12/  
                                                                                                95).            
H. Res. 187 (7/12/95)..........  O................  H.R. 1977........  Interior Approps. FY    PQ: 230-194 A:   
                                                                        1996 #2.                229-195 (7/13/  
                                                                                                95).            
H. Res. 188 (7/12/95)..........  O................  H.R. 1976........  Agriculture Approps.    PQ: 242-185 A:   
                                                                        FY 1996.                voice vote (7/18/
                                                                                                95).            
H. Res. 190 (7/17/95)..........  O................  H.R. 2020........  Treasury/Postal         PQ: 232-192 A:   
                                                                        Approps. FY 1996.       voice vote (7/18/
                                                                                                95).            
H. Res. 193 (7/19/95)..........  C................  H.J. Res. 96.....  Disapproval of MFN to   A: voice vote (7/
                                                                        China.                  20/95).         
H. Res. 194 (7/19/95)..........  O................  H.R. 2002........  Transportation          PQ: 217-202 (7/21/
                                                                        Approps. FY 1996.       95).            
H. Res. 197 (7/21/95)..........  O................  H.R. 70..........  Exports of Alaskan      A: voice vote (7/
                                                                        Crude Oil.              24/95).         
H. Res. 198 (7/21/95)..........  O................  H.R. 2076........  Commerce, State         A: voice vote (7/
                                                                        Approps. FY 1996.       25/95).         
H. Res. 201 (7/25/95)..........  O................  H.R. 2099........  VA/HUD Approps. FY      A: 230-189 (7/25/
                                                                        1996.                   95).            
H. Res. 204 (7/28/95)..........  MC...............  S. 21............  Terminating U.S. Arms   A: voice vote (8/
                                                                        Embargo on Bosnia.      1/95).          
H. Res. 205 (7/28/95)..........  O................  H.R. 2126........  Defense Approps. FY     A: 409-1 (7/31/  
                                                                        1996.                   95).            
H. Res. 207 (8/1/95)...........  MC...............  H.R. 1555........  Communications Act of   A: 255-156 (8/2/ 
                                                                        1995.                   95).            
H. Res. 208 (8/1/95)...........  O................  H.R. 2127........  Labor, HHS Approps. FY  A: 323-104 (8/2/ 
                                                                        1996.                   95).            
H. Res. 215 (9/7/95)...........  O................  H.R. 1594........  Economically Targeted   A: voice vote (9/
                                                                        Investments.            12/95).         
H. Res. 216 (9/7/95)...........  MO...............  H.R. 1655........  Intelligence            A: voice vote (9/
                                                                        Authorization FY 1996.  12/95).         
H. Res. 218 (9/12/95)..........  O................  H.R. 1162........  Deficit Reduction       A: voice vote (9/
                                                                        Lockbox.                13/95).         
H. Res. 219 (9/12/95)..........  O................  H.R. 1670........  Federal Acquisition     A: 414-0 (9/13/  
                                                                        Reform Act.             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.    A: 304-118 (9/20/
                                                                        Solidarity.             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        A: voice vote (9/
                                                                        Station.                27/95).         
H. Res. 230 (9/27/95)..........  C................  H.J. Res. 108....  Continuing Resolution   A: voice vote (9/
                                                                        FY 1996.                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   A: voice vote (10/
                                                                        Guidelines.             18/95).         
H. Res. 238 (10/18/95).........  MC...............  H.R. 2425........  Medicare Preservation   PQ: 231-194 A:   
                                                                        Act.                    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         PQ: 228-191 A:   
                                                    H.R. 2491........   Earnings Reform.        235-185 (10/26/ 
                                                                       Seven-Year Balanced      95).            
                                                                        Budget.                                 
H. Res. 251 (10/31/95).........  C................  H.R. 1833........  Partial Birth Abortion  A: 237-190 (11/1/
                                                                        Ban.                    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............  A: 220-200 (11/10/
                                                                                                95).            
H. Res. 259 (11/9/95)..........  O................  H.R. 2539........  ICC Termination Act...  A: voice vote (11/
                                                                                                14/95).         
H. Res. 262 (11/9/95)..........  C................  H.R. 2586........  Increase Debt Limit...  A: 220-185 (11/10/
                                                                                                95).            
H. Res. 269 (11/15/95).........  O................  H.R. 2564........  Lobbying Reform.......  A: voice vote (11/
                                                                                                16/95).         
H. Res. 270 (11/15/95).........  C................  H.J. Res. 122....  Further Cont.           A: 249-176 (11/15/
                                                                        Resolution.             95).            
H. Res. 273 (11/16/95).........  MC...............  H.R. 2606........  Prohibition on Funds    A: 239-181 (11/17/
                                                                        for Bosnia.             95).            
H. Res. 284 (11/29/95).........  O................  H.R. 1788........  Amtrak Reform.........  A: voice vote (11/
                                                                                                30/95).         
H. Res. 287 (11/30/95).........  O................  H.R. 1350........  Maritime Security Act.  A: voice vote (12/
                                                                                                6/95).          
H. Res. 293 (12/7/95)..........  C................  H.R. 2621........  Protect Federal Trust   PQ: 223-183 A:   
                                                                        Funds.                  228-184 (12/14/ 
                                                                                                95).            
H. Res. 303 (12/13/95).........  O................  H.R. 1745........  Utah Public Lands.....  PQ: 221-197 A:   
                                                                                                voice vote (5/15/
                                                                                                96).            
H. Res. 309 (12/18/95).........  C................  H. Con. Res. 122.  Budget Res. W/          PQ: 230-188 A:   
                                                                        President.              229-189 (12/19/ 
                                                                                                95).            
H. Res. 313 (12/19/95).........  O................  H.R. 558.........  Texas Low-Level         A: voice vote (12/
                                                                        Radioactive.            20/95).         
H. Res. 323 (12/21/95).........  C................  H.R. 2677........  Natl. Parks & Wildlife  Tabled (2/28/96).
                                                                        Refuge.                                 
H. Res. 366 (2/27/96)..........  MC...............  H.R. 2854........  Farm Bill.............  PQ: 228-182 A:   
                                                                                                244-168 (2/28/  
                                                                                                96).            
H. Res. 368 (2/28/96)..........  O................  H.R. 994.........  Small Business Growth.  Tabled (4/17/96).
H. Res. 371 (3/6/96)...........  C................  H.R. 3021........  Debt Limit Increase...  A: voice vote (3/
                                                                                                7/96).          
H. Res. 372 (3/6/96)...........  MC...............  H.R. 3019........  Cont. Approps. FY 1996  PQ: voice vote A:
                                                                                                235-175 (3/7/   
                                                                                                96).            
H. Res. 380 (3/12/96)..........  C................  H.R. 2703........  Effective Death         A: 251-157 (3/13/
                                                                        Penalty.                96).            
H. Res. 384 (3/14/96)..........  MC...............  H.R. 2202........  Immigration...........  PQ: 233-152 A:   
                                                                                                voice vote (3/19/
                                                                                                96).            
H. Res. 386 (3/20/96)..........  C................  H.J. Res. 165....  Further Cont. Approps.  PQ: 234-187 A:   
                                                                                                237-183 (3/21/  
                                                                                                96).            
H. Res. 388 (3/21/96)..........  C................  H.R. 125.........  Gun Crime Enforcement.  A: 244-166 (3/22/
                                                                                                96).            
H. Res. 391 (3/27/96)..........  C................  H.R. 3136........  Contract w/America      PQ: 232-180 A:   
                                                                        Advancement.            232-177, (3/28/ 
                                                                                                96).            
H. Res. 392 (3/27/96)..........  MC...............  H.R. 3103........  Health Coverage         PQ: 229-186 A:   
                                                                        Affordability.          Voice Vote (3/29/
                                                                                                96).            
H. Res. 395 (3/29/96)..........  MC...............  H.J. Res. 159....  Tax Limitation Const.   PQ: 232-168 A:   
                                                                        Amdmt..                 234-162 (4/15/  
                                                                                                96).            
H. Res. 396 (3/29/96)..........  O................  H.R. 842.........  Truth in Budgeting Act  A: voice vote (4/
                                                                                                17/96).         
H. Res. 409 (4/23/96)..........  O................  H.R. 2715........  Paperwork Elimination   A: voice vote (4/
                                                                        Act.                    24/96).         
H. Res. 410 (4/23/96)..........  O................  H.R. 1675........  Natl. Wildlife Refuge.  A: voice vote (4/
                                                                                                24/96).         
H. Res. 411 (4/23/96)..........  C................  H.J. Res. 175....  Further Cont. Approps.  A: voice vote (4/
                                                                        FY 1996.                24/96).         
H. Res. 418 (4/30/96)..........  O................  H.R. 2641........  U.S. Marshals Service.  PQ: 219-203 A:   
                                                                                                voice vote (5/1/
                                                                                                96).            
H. Res. 419 (4/30/96)..........  O................  H.R. 2149........  Ocean Shipping Reform.  A: 422-0 (5/1/   
                                                                                                96).            
H. Res. 421 (5/2/96)...........  O................  H.R. 2974........  Crimes Against          A: voice vote (5/
                                                                        Children & Elderly.     7/96).          
H. Res. 422 (5/2/96)...........  O................  H.R. 3120........  Witness & Jury          A: voice vote (5/
                                                                        Tampering.              7/96).          
H. Res. 426 (5/7/96)...........  O................  H.R. 2406........  U.S. Housing Act of     PQ: 218-208 A:   
                                                                        1996.                   voice vote (5/8/
                                                                                                96).            
H. Res. 427 (5/7/96)...........  O................  H.R. 3322........  Omnibus Civilian        A: voice vote (5/
                                                                        Science Auth.           9/96).          
H. Res. 428 (5/7/96)...........  MC...............  H.R. 3286........  Adoption Promotion &    A: voice vote (5/
                                                                        Stability.              9/96).          
H. Res. 430 (5/9/96)...........  S................  H.R. 3230........  DoD Auth. FY 1997.....  A: 235-149 (5/10/
                                                                                                96).            
H. Res. 435 (5/15/96)..........  MC...............  H. Con. Res. 178.  Con. Res. on the        PQ: 227-196 A:   
                                                                        Budget, 1997.           voice vote (5/16/
                                                                                                96).            
H. Res. 436 (5/16/96)..........  C................  H.R. 3415........  Repeal 4.3 cent fuel    PQ: 221-181 A:   
                                                                        tax.                    voice vote (5/21/
                                                                                                96).            
H. Res. 437 (5/16/96)..........  MO...............  H.R. 3259........  Intell. Auth. FY 1997.  A: voice vote (5/
                                                                                                21/96).         
H. Res. 438 (5/16/96)..........  MC...............  H.R. 3144........  Defend America Act....  .................
H. Res. 440 (5/21/96)..........  MC...............  H.R. 3448........  Small Bus. Job          A: 219-211 (5/22/
                                                                        Protection.             96).            
                                 MC...............  H.R. 1227........  Employee Commuting      .................
                                                                        Flexibility.                            
H. Res. 442 (5/29/96)..........  O................  H.R. 3517........  Mil. Const. Approps.    A: voice vote (5/
                                                                        FY 1997.                30/96).         
H. Res. 445 (5/30/96)..........  O................  H.R. 3540........  For. Ops. Approps. FY   A: voice vote (6/
                                                                        1997.                   5/96).          
H. Res. 446 (6/5/96)...........  MC...............  H.R. 3562........  WI Works Waiver         A: 363-59 (6/6/  
                                                                        Approval.               96).            
H. Res. 448 (6/6/96)...........  MC...............  H.R. 2754........  Shipbuilding Trade      A: voice vote (6/
                                                                        Agreement.              12/96).         
H. Res. 451 (6/10/96)..........  O................  H.R. 3603........  Agriculture             A: voice vote (6/
                                                                        Appropriations, FY      11/96).         
                                                                        1997.                                   
H. Res. 453 (6/12/96)..........  O................  H.R. 3610........  Defense                 A: voice vote (6/
                                                                        Appropriations, FY      13/96).         
                                                                        1997.                                   
H. Res. 455 (6/18/96)..........  O................  H.R. 3662........  Interior Approps, FY    A: voice vote (6/
                                                                        1997.                   19/96).         

[[Page H7613]]

                                                                                                                
H. Res. 456 (6/19/96)..........  O................  H.R. 3666........  VA/HUD Approps........  A: 246-166 (6/25/
                                                                                                96).            
H. Res. 460 (6/25/96)..........  O................  H.R. 3675........  Transportation Approps  A: voice vote (6/
                                                                                                26/96).         
H. Res. 472 (7/9/96)...........  O................  H.R. 3755........  Labor/HHS Approps.....  PQ: 218-202 A:   
                                                                                                voice vote (7/10/
                                                                                                96).            
H. Res. 473 (7/9/96)...........  MC...............  H.R. 3754........  Leg. Branch Approps...  A: voice vote (7/
                                                                                                10/96).         
H. Res. 474 (7/10/96)..........  MC...............  H.R. 3396........  Defense of Marriage     A: 290-133 (7/11/
                                                                        Act.                    96).            
H. Res. 475 (7/11/96)..........  O................  H.R. 3756........  Treasury/Postal         .................
                                                                        Approps.                                
----------------------------------------------------------------------------------------------------------------
Codes: O-open rule; MO-modified open rule; MC-modified closed rule; S/C-structured/closed rule; A-adoption vote;
  D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.   


  Mr. DIAZ-BALART. Mr. Speaker, I would beg indulgence of the Chair to 
simply at this point convey my sincere and heartfelt condolences to our 
colleague, the gentleman from Ohio [Tony Hall] for the passing of his 
beloved son. Our thoughts are with him and his family, and our prayers 
are for his family and for the soul of her dear son at this time.
  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 too, join with my friend, the gentleman from Florida, 
Mr. Diaz-Balart, in his kind and generous words of concern about our 
colleague and friend, the gentleman from Ohio, Tony Hall and his entire 
family.
  Mr. Speaker, we do not object to the rule for the consideration of 
H.R. 3756, the Treasury, Postal Service, and general government 
appropriations bill for fiscal year 1997. However, I must say that for 
an open rule, it looks and sounds very complicated. It does waive 
several House rules, as the gentleman has said, that are violated by 
provisions of the bill, including the prohibitions against unauthorized 
and legislative provisions in an appropriations bill, and against 
reappropriations.
  As we have been with other legislation, we are especially concerned 
about the waivers the rule provides of points of order for the bill's 
failure to comply with sections of the Congressional Budget Act. The 
three important provisions of the Budget Act being waived are section 
302(f), which prohibits consideration of legislation that exceeds the 
committee's allocations of new entitlement authority, section 308(a), 
which requires a cost estimate in the committee report on legislation 
containing new entitlement spending, and section 401(b), which 
prohibits consideration of legislation providing new entitlement 
authority that becomes effective before the start of a new fiscal year.
  The waivers appear to be technical in nature and the provisions in 
the bill that are being protected are, we are told, minor. For 
instance, they make changes in certain voluntary separation incentives 
and retirement and annuity requirements and permit the U.S. Mint to set 
up a demonstration project.
  However, we bring this up again because the Budget Act waivers are 
appearing more frequently in the rules we being to the floor. We 
strongly urge committees to be more careful in including provisions in 
bills that require Budget Act waivers. They should make every effort to 
comply with the provisions of the Budget Act and the rules of the 
House. And we would hope, Mr. Speaker, that the majority would be 
careful about the practice of continuing the waiving of these important 
safeguards on an almost routing basis.
  The rule also self-executes and amendment striking certain expedited 
procedures that are under the jurisdiction of the Committee on Rules. 
In addition, it makes in order, as the gentleman stated, three 
amendments, and protects them against points of order. Some of us feel, 
not the gentleman from Florida, but some of us, that two of these 
amendments, one dealing with the drug czar's' office and another 
capping the number of so-called political appointees in the executive 
branch, are purely political in nature and really do not belong in this 
debate.

  The fact that the majority has seen fit to allow and protect those 
amendments is a certain and inescapable sign that this is an election 
year. The same observation holds for the third protected amendment, 
which continues the freeze on cost of living adjustments for Members of 
Congress and other Government officials.
  We know how difficult it is to oppose the COLA freeze, but I would 
caution my colleagues about being so intent on denying modest cost of 
living adjustments, they are not raises, they are cost of living 
adjustments to people who, the great majority of them at least, work 
very hard for long hours and are committed public servants.
  The wisdom of this parsimony is questionable and may come back to 
haunt this body and this Government. We ought to question seriously 
whether the minuscule savings from this pay freeze are worth the 
effects. The level of pay is no doubt a serious disincentive to 
potential candidates who are well qualified for this and other jobs. We 
need to be concerned about the relatively low level of pay and the 
level of competence of the people who are both attracted to run for 
office and to accept appointments for jobs in the executive and 
judiciary branches as well.
  This is fortunately an open rule, because we strongly oppose many 
portions of the bill itself. The bill represents a continuation of the 
majority's belief that Government needs to be downsized. Frankly, we 
are concerned that the appropriations in the bill inadequately fund 
some of the most basic functions of our Government, including tax 
collection and compliance, both of which are, of course, essential to 
our effort to balance the budget.
  Especially egregious are the unwise and unprecedented funding for the 
Internal Revenue Service and the legislative initiatives in this 
appropriations bill that would gravely affect the IRS. We are 
puzzled by the inadequate level of funding, which is $1.4 billion below 
the President's request and a cut of $776 million from last year's 
appropriation, for an already fiscally strapped agency. The bipartisan 
leadership of the Committee on Ways and Means, in fact, has joined the 
administration in expressing serious opposition to those cuts, which 
they say, and I quote a letter from the gentleman from Texas, Chairman 
Archer, ``seriously impair the IRS's ability to perform its core 
responsibilities.''

  It is difficult to understand why the Committee on Appropriations 
would so drastically cut funding for the very agency that is 
responsible for bringing in the revenue that will help reduce the 
deficit and balance the budget. No matter what the concerns are about 
the features of the computer system the IRS has admittedly been 
struggling to set up, this damaging cut, along with the requirement 
that the Department of Defense, the military, handle the new computer 
system for the IRS, is no solution at all to the problems many Members 
do believe exist there.
  We ought to be finding ways to help the IRS enforce our tax laws in a 
fairer and more efficient manner instead of so severely underfunding 
the very agency that Congress expects to collect taxes to fund every 
other program we approve.
  Mr. Speaker, many of us are also deeply disappointed that H.R. 3756 
continues the prohibition on Federal employees choosing a health care 
plan that provides a full range of reproductive health services, 
including abortion. In 1993 we wisely, I think, reversed that policy 
that had been in place for about a decade. The continuation of last 
year's prohibition threatens the right of Federal employees to choose 
to have an abortion, a right that has, after all, been guaranteed by 
the Supreme Court, and discriminates against women in public service.
  Abortion is not illegal. Congress should not be taking action to make 
it more difficult to obtain or more dangerous to obtain. I regret that 
we are taking one more step against assuring all women the right to a 
safe and legal abortion.
  We are also disturbed, Mr. Speaker, by the level of funding for the 
Federal

[[Page H7614]]

Election Commission, the agency that is responsible for enforcing our 
campaign finance laws, and what that will mean to improving the current 
inadequate enforcement of our campaign finance laws. The FEC is already 
operating under severe budgetary constraints and this bill will 
severely hamper its ability to carry out its responsibilities to assure 
the integrity of elections in this country. It should be obvious that 
the FEC is understaffed and needs far more resources than it currently 
has. That is especially true in this presidential election year.
  It seems especially ironic that in the same week we will take up so-
called campaign finance reform legislation, we shall also apparently 
deny the FEC the type of increase in funding that it needs.

                              {time}  1700

  In fact, the Committee on Appropriations has directed a reduction of 
three employees from the FEC press office which now only has five full-
time employees. This move will obviously cut the FEC's press office 
which is in charge of the Commission's disclosure role by more than 
half. It seems to us that the last thing we should be doing during this 
highly ballyhooed reform week is making it more difficult to get 
information out to the public about campaign spending.
  We should, in short, be very concerned about how the bill treats the 
FEC, Mr. Speaker. We talk constantly about the need to protect our 
process and keep it as free as possible of outside special interests, 
but the provisions of the bill that affect the FEC are clearly attempts 
to reduce the effectiveness of the one agency that has the 
responsibility for overseeing in some objective fashion the election 
process.
  Mr. Speaker, the bill has a number of other questionable provisions, 
including the restrictions on the operations of what we hope to be a 
newly invigorated Office of National Drug Control Policy, the 
provisions that will permit certain convicted felons to sue to regain 
their firearm privileges, and overall the inadequate level of funding 
for some of the most basic functions of our Government.
  Because of the urgency many feel to balance the budget, some of the 
agencies funded in this bill simply will not have enough money, we 
fear, to carry out their responsibilities in a proper manner.
  In any event, Mr. Speaker, and as I said at the outset, we do not 
oppose the rule. We welcome the opportunity it gives us to address some 
of the more unacceptable provisions of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DIAZ-BALART. Mr. Speaker, we on the majority side believe that 
the functions funded by this bill are sufficiently supported. At the 
same time we are very proud of the fact that we have achieved a savings 
of over $500 million from last year's bill alone.
  Mr. Speaker, I yield such time as he may consume to my friend and 
fellow Floridian on the Rules Committee, Mr. Goss.
  (Mr. GOSS asked and was given permission to revise and extend his 
remarks.)
  Mr. GOSS. Mr. Speaker, I thank my friend and Florida colleague, Mr. 
Diaz-Balart for yielding me this time. I rise in support of this rule, 
which allows the House to consider the fiscal year 1997 Treasury/Postal 
spending bill. This rule provides an opportunity for Members to offer 
any germane amendment under the standing rules of the House, and allows 
for reasonable debate on three important amendments that otherwise 
could not have been considered. It is a good rule and we should adopt 
it.
  Mr. Speaker, I would like to address a particular issue of real 
concern to me and to many Americans, relating to the White House Office 
of Personnel Security. This office is funded under this legislation as 
is the entire White House operation. In recent weeks, the Nation has 
learned about a serious breach of policy and potential violations of 
the law with regard to the Personnel Security Office and the improper 
request and review of sensitive FBI background information on hundreds 
of former administration employees. I know that the Appropriations 
Committee had some discussion about this, and I am pleased that this 
legislation includes language tightening up the process by which 
information is requested from and provided by the FBI.

  But I do not think we can let this matter go at that. In addition to 
making sure such a breach never recurs, we must continue to seek 
answers from this administration about how it happened in the first 
place. I applaud the two congressional committees that have been 
holding hearings to examine this episode. Unfortunately, it seems that 
each attempt by the White House to lay the issue to rest raises more 
questions than are answered. Well, Mr. Speaker, I have some questions 
of my own, sparked by a retrospective review of a little-noticed GAO 
investigation. Members may remember that in 1994 I and two of our 
colleagues asked the GAO to investigate the security pass procedures of 
the very same personnel office now under scrutiny. We were concerned at 
the time because many Clinton administration officials had not received 
permanent access passes and had not yet undergone the necessary 
security clearance procedures. We now know that, at the very time it 
was having such trouble completing its proper work in providing access 
passes to current employees, the Security Office was wrongly in 
possession of and improperly reviewing files it had no business having 
in the first place. Recent news reports suggest that there may be some 
direct connection between the Security Office's interest in former 
officials' files and problems current officials were having in meeting 
the rigorous requirements of background security checks.
  Recently we read that there was ``an aggressive effort by the two men 
[in the Security Office] to help prospective appointees overcome 
serious legal obstacles and other problems that had impeded their 
security clearances during the first year of the administration.''

  Still, key administration officials have sought to assure the 
American people that there was no agenda for having those files, that 
they were unaware that the files were in that office--that it was 
nothing more than an innocent mistake. But given the fact that a GAO 
investigation was underway into the practices of the Security Office at 
the very same time, it is simply not believable that those responsible 
for internal control over that office would not have discovered the 
files as they prepared to cooperate with the GAO. It is equally hard to 
believe that, even if they missed the files during the review, the 
administration would not have discovered them had they followed up on 
the GAO's recommendations to consider additional controls on the 
security process. Mr. Speaker, given what we now know was occurring in 
the Office of Personnel Security, before spending one more dime of 
taxpayers' money there, I would like to know more about what the 
administration was doing behind the scenes to prepare for, supposedly 
cooperate with and follow up on this GAO investigation. I think the 
Members who requested this investigation, the Congress that received 
it, and the taxpayers who paid for it have a right to know. It is time 
for the Clinton White House to provide some solid answers to justify 
taxpayer support for certain of their activities. This is a good rule 
to get that debate to the floor. I urge support for this rule.
  Mr. BEILENSON. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. DIAZ-BALART. Mr. Speaker, 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.

                          ____________________