Congressional Record, Volume 144 Issue 98 (Tuesday, July 21, 1998)

[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[House]
[Pages H5970-H5971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR CONSIDERATION OF H.R. 4193, DEPARTMENT OF THE INTERIOR
AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

Mr. HASTINGS of Washington. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 504 and ask for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 504

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. 4193) making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1999, 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 306 or 401 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
amendments 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 of rule XXI are
waived except as follows: page 88, line 10, through page 89,
line 6. If an unprotected provision is stricken on a point of
order, the Committee of the Whole shall immediately consider
the amendment printed in part 2 of the report of the
Committee on Rules if offered by Representative Johnson of
Connecticut or her designee. That amendment shall be
considered as read, be debatable for 30 minutes equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. The amendment printed in part 3
of the report of the Committee on Rules may be offered only
by Representative Young of Alaska or his designee, may be
offered only at the appropriate point in the reading of the
bill, shall be considered as read, shall be debatable for 30
minutes equally divided and controlled by the proponent and
an opponent, shall not be subject to amendment, and shall not
be subject to a demand for division of the question in the
House or in the Committee of the Whole. All points of order
against the amendments printed in 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: (1)
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment; and (2) reduce to five minutes the minimum time
for electronic voting on any postponed question that follows
another electronic vote without intervening business,
provided that the minimum time for electronic voting on the
first in any series of questions shall be 15 minutes. During
consideration of the bill, points of order against amendments
for failure to comply with clause 2(e) of rule XXI are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill, as
amended, 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.

{time} 1030

The SPEAKER pro tempore (Mr. Ney). The gentleman from Washington (Mr.
Hastings) is recognized for one hour.
(Mr. HASTINGS of Washington asked and was given permission to revise
and extend his remarks.)
Mr. HASTINGS of Washington. Mr. Speaker, for purposes of debate only,
I yield the customary 30 minutes to the gentlewoman from New York (Ms.
Slaughter), 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. Speaker, H. Res. 504 is an open rule which waives all points of
order against consideration of the bill for failure to comply with
section 306 or section 401 of the Budget Act of 1974. The rule provides
one hour of general debate, equally divided between the chairman and
ranking minority member of the Committee on Appropriations. The rule
further provides that the amendments printed in the Committee on Rules
report accompanying the resolution shall be considered as adopted.
The rule also waives clause 2, prohibiting unauthorized
appropriations and legislative provisions, and clause 6, prohibiting
reappropriations in an appropriations bill, of rule XXI against the
bill, except as follows: Page 88, line 10, through page 89, line 6.
The rule makes in order those amendments printed in the Committee on
Rules report, which shall be considered as read, shall be debatable for
the time specified in the report, equally divided between a proponent
and an opponent, and shall not be subject to amendment. The rule also
waives all points of order against amendments printed in the Committee
on Rules report.
Mr. Speaker, the rule permits the Chair to accord priority in
recognition to Members who have preprinted their amendments in the
Congressional Record. It allows the Chair to postpone recorded votes
and reduce to five minutes the minimum time for electronic voting on
any postponed votes, provided that voting on the first of any series of
questions shall be not less than 15 minutes.
The rule waives points of order against amendments for failure to
comply with clause 2(e) of rule XXI, prohibiting non-emergency
amendments to be offered to a bill containing an emergency designation
under the Budget Act.
Finally, the rule provides for one motion to recommit, with or
without instructions.
Mr. Speaker, H.R. 4193, the Department of the Interior and Related
Agencies Appropriations Bill for fiscal year 1999 was reported by the
Committee on Appropriations by voice vote. The bill appropriates a
total of $13.4 billion for fiscal year 1999, which is roughly $800
million less than the President's request and roughly $700 million less
than what was appropriated last year.
The bill's spending level is equal to the subcommittee's 302(b)
allocation

[[Page H5971]]

for discretionary budget authority. Approximately one-half of the
bill's funding finances Interior Department programs to manage and
study the Nation's animal, plant and mineral resources. The balance of
the measure's funds support other non-interior agencies that perform
related functions. These include the Forest Service, conservation and
fossil energy programs run by the Department of Energy, and the Indian
Health Services, as well as the Smithsonian and other cultural
organizations.
Mr. Speaker, I commend the chairman of the Committee on
Appropriations, the gentleman from Louisiana (Mr. Livingston), for
requesting an open rule on this important legislation. Recognizing that
certain members have particular concerns about the bill, the Committee
on Rules has reported a rule which permits those wishing to offer
amendments to do so.
Accordingly, Mr. Speaker, I urge my colleagues to support both the
rule and the underlying legislation, H.R. 4193.
Mr. Speaker, I reserve the balance of my time.

Point of Order

Mr. YATES. Mr. Speaker, I make a point of order that a quorum is not
present and move a call of the House.
The SPEAKER pro tempore. Under clause 6, rule XV of the House, the
Chair cannot entertain a point of no quorum at this stage.

Parliamentary Inquiry

Mr. YATES. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. YATES. Mr. Speaker, at what stage then can the point of no quorum
be made?
The SPEAKER pro tempore. At such time as the Chair is putting the
question to a vote.
Mr. YATES. Mr. Speaker, we have a very important debate coming up on
the rule itself, and I would think that this is the proper time for the
Chair to consider that Members of the House ought to hear the debate. I
respectfully ask the Chair to have that in mind when it makes the
ruling.
The SPEAKER pro tempore. Clause 6 of rule XV restrains the Chair from
entertaining the point of order at this point in time.
The gentlewoman from New York (Ms. Slaughter) is recognized for 30
minutes.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank the gentleman from Washington (Mr. Hastings) for
yielding me the customary half hour.
Mr. Speaker, this rule has many good features. It is an open rule
that will allow Members to work their will. It self-executes important
amendments that deal with vital issues, such as the wildland fire
suppression, forest health and Indian health care. In fact, I would
have been pleased to vigorously support this rule if it had protected
all portions of the committee-reported bill from points of order and if
it had allowed the precedents of the House to determine the order in
which Members would be recognized to offer amendments.
However, the rule reported by the Committee on Rules leaves
unprotected a single provision of the bill, allowing that provision of
the bill to be struck, but then the rule allows a specified majority
member to offer an amendment to put the same provision back in the
bill.
Now, why do we go through this charade? Because apparently they
wanted to mollify a segment of the conference while simultaneously
allowing a majority Member, who is not a member of the Committee on
Appropriations or the authorizing committee, to appear to take a
leadership role on the arts.
As the Chair of the Congressional Member Organization for the Arts, I
encourage all Members to support the arts and welcome their active
participation and leadership in the ongoing efforts to fund the
National Endowment for the Arts at a reasonable level.
However, this year in particular, the decision to award this
important amendment to a majority Member is extremely unfortunate. This
is the last year in which debate on Federal support of the arts will be
led by the distinguished ranking member of the Subcommittee on Interior
of the Committee on Appropriations, the gentleman from Illinois (Mr.
Yates). Known as the champion of the National Endowment for the Arts
and credited for keeping it alive by the shear force of his will, the
gentleman from Illinois (Mr. Yates) is retiring at the end of the year.
Under the normal procedures of the House, the gentleman would have had
the honor of offering amendments to strengthen the arts, but this rule
deliberately snatches that honor from him, for purely partisan reasons.
Of course, this disappointment can never obscure the debt that
artists, arts, educators and arts institutions across the Nation owe to
their long time champion.
Mr. YATES. Mr. Speaker, will the gentlewoman yield?
Mrs. SLAUGHTER. I yield to the gentleman from Illinois.

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