[House Report 105-473]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-473
_______________________________________________________________________


 
  PROVIDING FOR CONSIDERATION OF H.R. 3579, ``EMERGENCY SUPPLEMENTAL 
                 APPROPRIATIONS FOR FISCAL YEAR 1998''

                                _______
                                

  March 31 (legislative day, March 30), 1998.--Referred to the House 
                   Calendar and ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                       [To accompany H. Res. 402]

    The Committee on Rules, having had under consideration 
House Resolution 402, by a record vote of 8-4, report the same 
to the House with the recommendation that the resolution be 
adopted.

               BRIEF SUMMARY OF PROVISIONS OF RESOLUTION

    The resolution provides for consideration of H.R. 3579, 
``Emergency Supplemental Appropriations for Fiscal Year 1998'' 
under a modified closed rule waiving points of order against 
consideration of the bill for failure to comply with clause 
2(l)(6) of rule XI (requiring a 3-day layover of the committee 
report), clause 7 of rule XXI (requiring the 3-day availability 
of relevant printed hearings and reports on general 
appropriations bills), or section 306 of the Budget Act of 1974 
(prohibiting consideration of legislation within the 
jurisdiction of the Budget Committee unless reported by that 
committee).
    The rule provides one hour of general debate equally 
divided and controlled between the chairman and ranking 
minority member of the Committee on Appropriations. The rule 
also provides 30 additional minutes of debate on the provision 
of the bill (Title III) relating to the prohibition on the use 
of funds for military operations against Iraq equally divided 
between Rep. Skaggs and an opponent.
    The rule provides that the bill be considered as read and 
that the amendments printed in part 1 of this report be 
considered as adopted. The rule waives points of order against 
the bill, as amended, for failure to comply with clause 2 of 
rule XXI (prohibiting unauthorized appropriations or 
legislative provisions in a general appropriations bill) or 
clause 6 of rule XXI (prohibiting reappropriation in a general 
appropriations bill).
    The rule makes in order the amendment printed in part 2 of 
this report and provides that such amendment 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 a division of the question. The rule 
also waives points of order against the amendment.
    Finally, the rule provides 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 Rollcall No. 84

    Date: March 30, 1998.
    Measure: H.R. 3579, Emergency Supplemental Appropriations, 
FY 98.
    Motion by: Mr. Goss.
    Summary of motion: To report the rule.
    Results: Adopted 8-4.
    Vote by Members: DREIER--Yea; GOSS--Yea; LINDER--Yea; 
PRYCE--Yea; DIAZ-BALART--Yea; McINNIS--Yea; HASTINGS--Yea; 
MYRICK--Yea; MOAKLEY--Nay; FROST--Nay; HALL--Nay; SLAUGHTER--
Nay.

    Amendments Made in Order for H.R. 3579--Emergency Supplemental 
                Appropriations, FY 1998, March 30, 1998

                     (listed in alphabetical order)

Part I--Amendments Considered as Adopted

    Hastings (WA)--Prevents the U.S. Corps of Engineers from 
depositing fill on an archaeological site until a related 
lawsuit is settled or the federal magistrate approves the 
Corps' actions.
    McIntosh/Neumann--Expresses the Sense of the House on 
spending offsets for emergency supplemental appropriations.
    Tiahrt--Replaces the rescissions in Airports Grants In Aid 
with rescissions from the Section 8 Housing Reserve Account.

Part II--Amendments Made in Order Under the Rule

    Livingston--Manager's Amendment. Provides $20,000,000 to 
the Community Development Block Grant Fund for use in states in 
the northeast impacted by the January, 1998 ice storms; offset 
by a rescission of $20,000,000 in the Section 8 Housing Reserve 
Account. (10 minutes)

                PART I--AMENDMENTS CONSIDERED AS ADOPTED

    In chapter 3 of title I (relating to energy and water) add 
at the end the following:

                           general provisions

    Sec. 301. The Secretary of the Army shall not authorize, 
permit, or undertake any activity to stabilize, cover, or 
permanently alter the site where the Kennewick Man remains were 
discovered prior to the final disposition of the lawsuit 
entitled Bonnichsen, et al. v. United States, et al. and 
designated as United States District Court, District of Oregon 
CV No. 96-1481, unless such district court makes a 
determination that such activity is reasonable and necessary in 
light of potential adverse impacts on scientific investigation 
of the site or other relevant considerations. For the purposes 
of this paragraph, the term ``site'' means any land, beach, or 
river bank within 100 yards of the location where any portion 
of the Kennewick Man remains were discovered.
    At the end of the bill, insert after the last section 
(preceding the short title) the following new section:

   sense of the house on spending offsets for emergency supplemental 
                             appropriations

    Sec.   .(a) Findings.--The House of Representatives finds 
that----
          (1) the House has worked diligently to balance the 
        Federal budget for the first time in 30 years;
          (2) the House is committed to fiscal responsibility 
        and continued balanced budgets and will not allow 
        Washington to return to the days of deficit spending;
          (3) the House is committed to ensuring that the 
        current level of Federal discretionary spending does 
        not increase as a result of any emergency supplemental 
        appropriations; and
          (4) reducing spending to offset emergency 
        supplemental appropriations will send a clear message 
        to the American people that the Congress is serious 
        about preventing uncontrolled Federal spending.
    (b) Sense of the House.--It is the sense of the House of 
Representatives that any emergency supplemental appropriations 
considered in the 105th Congress shall not result in an 
increased level of total Federal discretionary spending.
    In title II (relating to rescissions), in the item relating 
to ``Department of Transportation--Federal Aviation 
Administration--Grants-In-Aid for Airports (Airport and Highway 
Trust Fund)(Rescission of Contract Authority)'', after the 
dollar amount insert the following: ``(reduced by 
$243,600,000)''.
    In title II (relating to rescissions), in the item relating 
to ``Department of Transportation--Federal Aviation 
Administration--Grants-In-Aid for Airports (Limitation on 
Obligations)'', after the dollar amount insert the following: 
``(increased by $243,600,000)''.
    On page 29, line 9 strike ``$1,930,000,000'' and insert in 
lieu thereof, ``$2,173,600,000'' and on line 11 strike 
``$1,930,000,000'' and insert in lieu thereof, 
``$2,173,600,000''.
                              ----------                              


            PART II--AMENDMENTS MADE IN ORDER UNDER THE RULE

 An Amendment To Be Offered By Representative Livingston of Louisiana, 
                or a Designee, Debatable for 10 Minutes

                               CHAPTER 7

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                community development block grants fund

    For an additional amount for ``Community development block 
grants fund'', as authorized under title I of the Housing and 
Community Development Act of 1974, $20,000,000, which shall 
remain available until September 30, 2001, for use in states 
affected by the January, 1998 Northeast ice storm for which a 
Presidential disaster declaration under title IV of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act has 
been issued, to assist in the long-term recovery and mitigation 
from the effects of that ice storm,: Provided, That such funds 
may be used for eligible activities, except those activities 
reimbursable or for which funds are made available by the 
Federal Emergency Management Agency or the Small Business 
Administration: Provided further, That in administering these 
amounts, the secretary may waive, or specify alternative 
requirements for, any provision of any statute or regulation 
that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of 
these funds, except for statutory requirements related to civil 
rights, fair housing and nondiscrimination, the environment, 
and labor standards, upon a finding that such waiver is 
required to facilitate the use of such fund: Provided further, 
That the entire amount shall be available only to the extent 
that an official budget request of $20,000,000, that includes 
designation of the entire amount of the budget request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budged and Emergency Deficit Control Act of 1985, as 
amended.
    On page 29, line 9 increase the pending figure by 
$20,000,000 and on line 11 increase the pending figure by 
$20,000,000.

                                
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