[House Report 104-44]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-44
_______________________________________________________________________


 
  PROVIDING FOR THE CONSIDERATION OF H.R. 889, EMERGENCY SUPPLEMENTAL 
                     APPROPRIATIONS AND RESCISSIONS

                                _______


 February 21, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 92]

    The Committee on Rules, having had under consideration 
House Resolution 92, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               Brief Summary of Provisions of Resolution

    This resolution provides for the consideration of H.R. 889, 
``Emergency Supplemental Appropriations and Rescissions'' under 
a modified closed rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on Appropriations. The rule 
waives clause 2, rule XXI, which prohibits unauthorized 
appropriations and legislation on general appropriation bills, 
against the bill. The rule makes in order as an original bill 
for the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of H.R. 889 amended to add 
the text of H.R. 845, rescinding certain budget authority. The 
rule waives clause 7, rule XVI, which is the germaneness rule; 
clause 2, rule XXI, which prohibits unauthorized appropriations 
and legislation on general appropriation bills; and clause 6, 
rule XXI, which prohibits reappropriations against that 
amendment in the nature of a substitute. No other amendment 
will be in order on this bill except an amendment in the nature 
of a substitute printed in the report accompanying this 
resolution offered by Representative Obey or his designee. The 
substitute will be considered as read, will be debatable for 
one hour, and will not be subject to amendment. The rule waives 
clause 2, rule XXI, which prohibits unauthorized appropriations 
and legislation on general appropriation bills, against the 
Obey substitute. Finally the rule provides for one motion to 
recommit, with or without instructions.

                            Committee Votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee roll call No. 40

    Date: February 21, 1995.
    Measure: H.R. 889, Emergency Defense Supplemental 
Appropriations and Rescissions.
    Motion by: Mr. Moakley.
    Summary of motion. Allow motions to strike any paragraphs 
in the bill.
    Results: Rejected, 3 to 8.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Not Voting; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Not Voting; Solomon--Nay.

                    rules committee roll call No. 41

    Date: February 21, 1995.
    Measure: H.R. 889, Emergency Defense Supplemental 
Appropriations and Rescissions.
    Motion by: Mr. Beilenson.
    Summary of motion. Make an Obey amendment to strike the 
$670 million add-on beyond the request of the President.
    Results: Rejected, 3 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Not Voting; Solomon--Nay.

                    rules committee roll call no. 42

    Date: February 21, 1995.
    Measure: H.R. 889, Emergency Defense Supplemental 
Appropriations and Rescissions.
    Motion by: Mr. Moakley.
    Summary of motion: Revote on rollcall No. 40.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 43

    Date: February 21, 1995.
    Measure: H.R. 889, Emergency Defense Supplemental 
Appropriations and Rescissions.
    Motion by: Mr. Beilenson.
    Summary of motion: Revote on rollcall No. 41.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 44

    Date: February 21, 1995.
    Measure: H.R. 889, Emergency Defense Supplemental 
Appropriations and Rescissions.
    Motion by: Mr. Frost.
    Summary of motion: Make in order Harman amendment to 
rescind $387 million from Army procurement and operation and 
maintenance accounts and transfers $37.5 million to Technology 
Reinvestment Programs.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                Amendment in the Nature of a Substitute

    The text of the amendment in the nature of a substitute 
made in order by the resolution, which may be offered only by 
Representative Obey of Wisconsin or a designee, is printed 
below:

  Strike all after the enacting clause and insert the following:
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide emergency supplemental 
appropriations for the Department of Defense to preserve and enhance 
military readiness for the fiscal year ending September 30, 1995, and 
for other purposes, namely:

                                TITLE I

                 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

  For an additional amount for ``Military Personnel, Army,'' 
$69,300,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                        Military Personnel, Navy

  For an additional amount for ``Military Personnel, Navy,'' 
$49,500,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    Military Personnel, Marine Corps

  For an additional amount for ``Military Personnel, Marine Corps,'' 
$10,400,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     Military Personnel, Air Force

  For an additional amount for ``Military Personnel, Air Force,'' 
$71,700,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                        Reserve Personnel, Navy

  For an additional amount for ``Reserve Personnel, Navy,'' $4,600,000: 
Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

  For an additional amount for ``Operation and Maintenance, Army,'' 
$958,600,000: Provided, That such amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    Operation and Maintenance, Navy

  For an additional amount for ``Operation and Maintenance, Navy,'' 
$347,600,000: Provided, That such amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                Operation and Maintenance, Marine Corps

  For an additional amount for ``Operation and Maintenance, Marine 
Corps,'' $38,000,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                  Operation and Maintenance, Air Force

  For an additional amount for ``Operation and Maintenance, Air 
Force,'' $888,700,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                Operation and Maintenance, Defense-Wide

  For an additional amount for ``Operation and Maintenance, Defense-
Wide,'' $43,200,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                Operation and Maintenance, Navy Reserve

  For an additional amount for ``Operation and Maintenance, Navy 
Reserve,'' $6,400,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                              PROCUREMENT

                        Other Procurement, Army

  For an additional amount for ``Other Procurement, Army,'' 
$28,600,000, to remain available until September 30, 1997: Provided, 
That such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                      Other Procurement, Air Force

  For an additional amount for ``Other Procurement, Air Force,'' 
$8,100,000, to remain available until September 30, 1997: Provided, 
That such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

  For an additional amount for ``Defense Health Program,'' $14,000,000: 
Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                                TITLE II

                RESCISSIONS OF CERTAIN BUDGET AUTHORITY

                    DEPARTMENT OF DEFENSE--MILITARY

                 Line Item Veto Authority--Defense-Wide

                             (rescissions)
  Of the total funds made available for the Department of Defense in 
Public Law 103-335, $2,250,000,000 are rescinded. In canceling or 
reducing programs, projects, and activities to carry out this 
paragraph, the Secretary of Defense, to the maximum extent feasible (1) 
shall cancel or reduce only programs, projects, and activities that the 
Secretary determines are of the lowest priority; and (2) shall not 
cancel or reduce any program, project, or activity that the Secretary 
determines directly affects force readiness or the quality of life for 
service members and their families. No rescission, cancellation, or 
reduction under this paragraph shall take effect until 30 days after 
the Secretary of Defense submits to the Congress a notification of the 
proposed cancellations and reductions.

                               TITLE III

                           GENERAL PROVISIONS

  Sec. 301. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
  Sec. 302. Notwithstanding sections 607 and 630 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2357, 2390) and sections 2608 and 
2350j of title 10, United States Code, all funds received by the United 
States as reimbursement for expenses for which funds are provided in 
this Act shall be deposited in the Treasury as miscellaneous receipts.
  This Act may be cited as the ``Emergency Supplemental Appropriations 
and Rescissions for the Department of Defense to Preserve and Enhance 
Military Readiness Act of 1995''.