[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.
____________________