69–008

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–76

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

REPORT

[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
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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 nonemergency 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.
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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.)
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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).

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