[House Report 106-437]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-437

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   PROVIDING FOR THE CONSIDERATION OF H.R. 2389, THE COUNTY SCHOOLS 
                   FUNDING REVITALIZATION ACT OF 1999

                                _______
                                

  November 2, 1999.--Referred to the House Calendar and ordered to be 
                                printed

                                _______


    Ms. Pryce, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 352]

    The Committee on Rules, having had under consideration 
House Resolution 352, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                  summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2389, 
the County Schools Funding Revitalization Act of 1999, under an 
open rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Agriculture.
    The rule waives all points of order against consideration 
of the bill. The rule makes in order as an original bill for 
the purpose of amendment the amendment in the nature of a 
substitute printed in the Congressional Record and numbered 1, 
modified by the amendments printed in this report.
    The rule waives all points of order against consideration 
of the amendment in the nature of a substitute, as modified, 
and provides that the amendment in the nature of a substitute 
shall be open for amendment at any point.
    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 five minutes on a postponed question if 
the vote follows a fifteen minute vote. Members who have 
preprinted their amendments in the Record prior to their 
consideration will be given priority in recognition to offer 
their amendments if otherwise consistent with House rules. 
Finally, the rule provides for one motion to recommit, with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of section 302(f) (prohibiting 
consideration of legislation providing new budget authority in 
excess of a committee's allocation) and section 311(a) 
(prohibiting consideration of legislation or an amendment that 
would cause the total level of new budget authority or outlays 
in the most recent budget resolution to be exceeded or would 
cause revenues to be less) of the Congressional Budget Act 
which is necessary because the bill provides $1.1 billion in 
direct spending over 5 years. The Agriculture Committee 
received no allocation for this direct spending. The same 
waivers are included for the same reason in the waiver of all 
points of order against the amendment in the nature of a 
substitute, as modified. The waiver of all points of order 
against the amendment in the nature of a substitute, as 
modified, also includes a waiver of clause 7 of rule XVI 
(prohibiting nongermane amendments) which is necessary because 
the amendment in the nature of a substitute, as modified, 
includes provisions that were not in the bill as introduced, 
such as the provisions in Title II that allow funds to be used 
for community projects. Finally, the waiver of all points of 
order against the amendment in the nature of a substitute, as 
modified, includes a waiver of clause 4 of rule XXI 
(prohibiting appropriations in legislative bills) which is 
necessary because Title II of the amendment in the nature of a 
substitute, as modified, provides that funds generated by the 
community projects be placed in a special fund from which the 
communities can spend, without having the funds appropriated.

summary \1\ of the Amendments Modifying the Amendment in the nature of 
    a Substitute Printed in the Congressional Record and Numbered 1

    Page 1 of the en bloc amendment modifies paragraphs 
102(b)(2) and 103(b)(2) to further clarify that additional 
payments authorized by such paragraphs are provided only to the 
extent discretionary funding in appropriations bills is 
provided.
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    \1\ Summary provided by the amendment sponsor.
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    Page 2 of the en bloc corrects two typographical errors and 
makes one clarifying change in section 302 relating to the pay 
grade status for the executive director of the forest counties 
payments committee established by such section.
    Text of amendments modifying the amendments in the nature 
of a substitute printed in the Congressional Record and 
numbered 1:
  Page 11, strike lines 13 through 17, and insert the 
following:
          (2) If the amount under paragraph (1) is less than 
        the full payment amount in effect for that State for 
        that fiscal year, such additional funds as may be 
        appropriated to provide a total payment not to exceed 
        the full payment amount, but only to the extent such 
        additional funds are provided in advance as 
        discretionary appropriations included in appropriation 
        Acts.
  Page 14, strike lines 4 through 8, and insert the following:
          (2) If the amount under paragraph (1) is less than 
        the full payment amount in effect for that county for 
        that fiscal year, such additional funds as may be 
        appropriated to provide a total payment not to exceed 
        the full payment amount, but only to the extent such 
        additional funds are provided in advance as 
        discretionary appropriations included in appropriation 
        Acts.
  Page 14, line 18, strike ``25-percent payments'' and insert 
``50-percent payments''.
  Page 41, line 25, strike ``shall be paid at a rate of'' and 
insert ``shall be paid at a rate not in excess of'' .
  Page 46, line 10, strike ``the''.

                                  
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