[House Report 106-76]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                 106-76

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   PROVIDING FOR THE CONSIDERATION OF H.R. 1141, THE 1999 EMERGENCY 
                    SUPPLEMENTAL APPROPRIATIONS ACT

                                _______
                                

   March 23, 1999.--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. 125]

    The Committee on Rules, having had under consideration 
House Resolution 125, 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. 1141, 
the ``1999 Emergency Supplemental Appropriations Act'' 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 Appropriations.
    The rule waives clause 4(c) of rule XIII (requiring the 
three-day availability of printed hearings on a general 
appropriations bill) and section 302 (prohibiting consideration 
of a committee's legislation providing new budget authority 
until that committee has filed its 302(b) report and 
consideration of legislation providing new budget authority in 
excess of a subcommittee's 302(b) allocation of such authority) 
and section 306 (prohibiting consideration of legislation 
within the Budget Committee's jurisdiction, unless reported by 
the Budget Committee) of the Congressional Budget Act against 
consideration of the bill.
    The rule further waives clause 2 of rule XXI prohibiting 
unauthorized appropriations or legislative provisions in a 
general appropriations bill and prohibiting non-emergency 
designated amendments to be offered to an appropriations bill 
containing an emergency designation) against provisions in 
bill. The rule provides that the bill be open to amendment by 
paragraph. The rule also waives all points of order against the 
amendment printed in this report and provides that the 
amendment may be offered only by a Member designated in this 
report. Furthermore, the rule provides that the amendment shall 
be considered as read, 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 rule permits the chairman of the Committee of the Whole 
to grant priority in recognition to members who have pre-
printed their amendments in the Congressional Record prior to 
their consideration. The rule further permits 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.
    The rule also waives clause 2(e) of rule XXI (prohibiting 
non-emergency designated amendments to be offered to an 
appropriations bill containing an emergency designation) and 
section 302(c) of the Congressional Budget Act (prohibiting 
consideration of a committee's legislation providing new budget 
authority until that committee has filed its 302(b) report) 
against all amendments during the consideration of this bill. 
Additionally, the rule provides for one motion to recommit, 
with or without instructions.
    The waiver of section 302 of the Budget Act is necessary 
because the Appropriations Committee has not filed its final 
302(b) suballocation report for fiscal year 1999. Since there 
are no revised suballocations, the bill is in breach of 
existing suballocations. The waiver of section 306 of the 
Budget Act is necessary because the bill as reported from the 
Appropriations Committee contains emergency designations 
pursuant to the Emergency Deficit Control Act of 1985. These 
provisions fall within the jurisdiction of the Budget 
Committee. The waiver of clause 4(c) of rule XIII is necessary 
because the printed hearings regarding the emergency 
appropriations contained in this bill are not available.
    The waiver of clause 2 of rule XXI against provisions in 
the bill is due to the fact that the bill contains 16 
provisions which are not authorized by law and 67 provisions 
which are legislative in nature. Many of the legislative 
changes are technical corrections to the Omnibus Appropriations 
Act of 1999. These provisions are listed on pages 25-29 in the 
Appropriations Committee report. The bill also contains both 
non-emergency and emergency provisions.
    The waiver of all points of order against the amendment 
printed in this report to be offered by Rep. Obey includes a 
waiver of section 302(f) of the Budget Act. The need for this 
waiver is similar to that needed for the base bill.
    Two waivers are provided for all amendments offered to the 
bill. Section 302(c) of the Budget Act is due to the fact that 
the Appropriations Committee has not filed its final 302(b) 
suballocation report for fiscal year 1999. In the absence of 
this waiver, the number of amendments that could be offered to 
the bill would be severely limited. The waiver of clause 2(e) 
of rule XXI is needed because the Supplemental Appropriations 
bill contains numerous emergency designations under the Budget 
Act. Offering an amendment containing an emergency designation 
would in turn violate section 306 of the Budget Act. 
Consequently, in order for any amendments to be offered to this 
bill, this prohibition needs to be waived.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 9

    Date: March 23, 1999.
    Measure: H.R. 1141, the 1999 Emergency Supplemental 
Appropriations Act.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the Bentsen amendment 
and provide it with the appropriate waivers. The Bentsen 
amendment disallows the use of funds in the 1999 Emergency 
Supplemental Appropriations Act or any other act from being 
utilized to release criminal aliens from detention. The 
amendment applies only to criminal aliens subject to mandatory 
detention who are pending removal from the United States.
    Results: Defeated 3 to 5.
    Vote by Members: Linder--Nay; Pryce--Nay; Hastings--Nay; 
Reynolds--Nay; Moakley--Yea; Frost--Yea; Hall--Yea; Dreier--
Nay.

Rules Committee record vote No. 10

    Date: March 23, 1999.
    Measure: H.R. 1141, the 1999 Emergency Supplemental 
Appropriations Act.
    Motion by: Mr. Hall.
    Summary of motion: To make in order the Hall amendment and 
provide it with the appropriate waivers. The Hall amendment 
frees $575 million previously appropriated as a downpayment on 
the dues the United States owes the United Nations.
    Results: Defeated 4 to 6.
    Vote by Members: Linder--Nay; Pryce--Nay; Hastings--Nay; 
Sessions--Nay; Reynolds--Nay; Moakley--Yea; Frost--Yea; Hall--
Yea; Slaughter--Yea; Dreier--Nay.

SUMMARY OF AMENDMENT MADE IN ORDER TO H.R. 1141, EMERGENCY SUPPLEMENTAL 
                    APPROPRIATIONS BILL FOR FY 1999

                (To Be Debated Under the 5 Minute Rule)

    Obey--Deletes 4 recissions from the bill: $30 million from 
the P.L. 480 program; $150 million from the DOE, Atomic Energy 
Defense Activities program concerning Russian fissionable 
materials; $25 million from the Export-Import Bank; and $648 
million from the Callable Capital account for Multilateral 
Development Banks.

                 AMENDMENT MADE IN ORDER UNDER THE RULE

1. An Amendment To Be Offered by Representative Obey of Wisconsin, or a 
                                Designee

    Page 13, strike lines 3 through 10 (relating to Department 
of Agriculture, Public Law 480 Program and Grant Accounts.)
    Page 13, strike lines 11 through 18 (relating to Department 
of Energy, Atomic Energy Defense Activities, Other Defense 
Activities).
    Page 15, strike lines 16 through 25 (relating to 
International Financial Institutions, Reduction in Callable 
Capital Appropriations).
    Page 18, strike lines 9 through 13 (relating to Export-
Import Bank of the United States).