H 5106 CONGRESSIONAL RECORD — HOUSE May 17, 1995

(1) CONDITIONAL RELEASE OF TEXTILE IMPORTS.—A final rule published on December

2, 1994 (59 Fed. Reg. 61798), to provide for the

conditional release by the Customs Service

of textile imports suspected of being imported in violation of United States quotas.

(2) TEXTILE IMPORTS.—Any action which

the head of the relevant agency and the Administrator of the Office of Information and

Regulatory Affairs certify in writing is a

substantive rule, interpretive rule, statement of agency policy, or notice of proposed

rulemaking to interpret, implement, or administer laws pertaining to the import of

textiles and apparel including section 334 of

the Uruguay Round Agreements Act (P.L.

103–465), relating to textile rules of origin.

(3) CUSTOMS MODERNIZATION.—Any action

which the head of the relevant agency and

the Administrator of the Office of Information and Regulatory Affairs certify in writing is a substantive rule, interpretive rule,

statement of agency policy, or notice of proposed rulemaking to interpret, implement,

or administer laws pertaining to the customs

modernization provisions contained in title

VI of the North American Free Trade Agreement Implementation Act (P.L. 103–182).

(4) ACTIONS WITH RESPECT TO CHINA REGARDING INTELLECTUAL PROPERTY PROTECTION AND

MARKET ACCESS.—A regulatory rulemaking

action providing notice of a determination

that the People’s Republic of China’s failure

to enforce intellectual property rights and to

provide market access is unreasonable and

constitutes a burden or restriction on United

States commerce, and a determination that

trade action is appropriate and that sanctions are appropriate, taken under section

304(a)(1)(A)(ii), section 304(a)(1)(B), and section 301(b) of the Trade Act of 1974 and with

respect to which a notice of determination

was published on February 7, 1995 (60 Fed.

Reg. 7230).

(5) TRANSFER OF SPECTRUM.—A regulatory

rulemaking action by the Federal Communications Commission to transfer 50 megahertz of spectrum below 5 GHz from government use to private use, taken under the

Omnibus Budget Reconciliation Act of 1993

and with respect to which notice of proposed

rulemaking was published at 59 Federal Register 59393.

(6) PERSONAL COMMUNICATIONS SERVICES LICENSES.—A regulatory rulemaking action by

the Federal Communications Commission to

establish criteria and procedures for issuing

licenses utilizing competitive bidding procedures to provide personal communications

services—

(A) taken under section 309(j) of the Communications Act and with respect to which a

final rule was published on December 7, 1994

(59 Fed. Reg. 63210); or

(B) taken under sections 3(n) and 332 of the

Communications Act and with respect to

which a final rule was published on December 2, 1994 (59 Fed. Reg. 61828).

(7) WIDE-AREA SPECIALIZED MOBILE RADIO LICENSES.—A regulatory rulemaking action by

the Federal Communications Commission to

provide for competitive bidding for wide-area

specialized mobile radio licenses, taken

under section 309(j) of the Communications

Act and with respect to which a proposed

rule was published on February 14, 1995 (60

Fed. Reg. 8341).

(8) IMPROVED TRADING OPPORTUNITIES FOR

REGIONAL EXCHANGES.—A regulatory rulemaking action by the Securities and Exchange Commission to provide for increased

competition among the stock exchanges,

taken under the Unlisted Trading Privileges

Act of 1994 and with respect to which proposed rulemaking was published on February

9, 1995 (60 Fed. Reg. 7718).

SEC. 10. DELAYING EFFECTIVE DATE OF RULES

WITH RESPECT TO SMALL BUSINESSES.

(a) DELAY EFFECTIVENESS.—For any rule

resulting from a regulatory rulemaking action that is suspended or prohibited by this

Act, the effective date of the rule with respect to small businesses may not occur before six months after the end of the moratorium period.

(b) SMALL BUSINESS DEFINED.—In this section, the term ‘‘small business’’ means any

business with 100 or fewer employees.

The Senate bill was ordered to be

read a third time, was read the third

time, and passed, and a motion to reconsider was laid on the table.

House Resolution 148 was laid on the

table.

The SPEAKER pro tempore. PursuTHE JOURNAL

fant to clause 5 of rule I, the pending

business is the question of the Speaker’s approval of the Journal.

The question is on agreeing to the

Speaker’s approval of the Journal.

The question was taken; and the

Speaker pro tempore announced that

the ayes appeared to have it.

RECORDED VOTE

Mr. SHADEGG. Mr. Speaker, on that

I demand the yeas and nays.

The yeas and nays were ordered.

The vote was taken by electronic device, and there were—yeas 372, nays 41,

answered ‘‘present’’ 1, not voting 20, as

follows:

[Roll No. 338]

YEAS—372

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Becerra

Beilenson

Bentsen

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Boucher

Brewster

Browder

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crapo

Cremeans

Cubin

Cunningham

Danner

de la Garza

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Doyle

Dreier

Duncan

Dunn

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fawell

Fields (LA)

Fields (TX)

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Geren

Gilchrest

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Hastert

Hastings (WA)

Hayworth

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Livingston

LoBiondo

Lofgren

Longley

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McDermott

McHale

McHugh

McInnis

McIntosh

McKeon

McKinney

Meehan

Meek

Metcalf

Meyers

Mica

Miller (FL)

Minge

Mink

Moakley

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nadler

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Oxley

Packard

Pallone

Parker

Pastor

Paxon

Payne (NJ)

Payne (VA)

Peterson (FL)

Peterson (MN)

Petri

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Ramstad

Rangel

Reed

Regula

Reynolds

Richardson

Rivers

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Roybal-Allard

Royce

Salmon

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Studds

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (NC)

Tejeda

Thomas

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Tucker

Upton

Velazquez

Vento

Visclosky

Waldholtz

Walker

Walsh

Wamp

Ward

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—41

Abercrombie

Brown (CA)

Clay

Crane

Durbin

Fazio

Filner

Gephardt

Gibbons

Gillmor

Gutknecht

Hastings (FL)

Hefley

Hilliard

Hinchey

Jacobs

Kennedy (MA)

Levin

Lewis (GA)

Lowey

McNulty

Menendez

Mfume

Miller (CA)

Mineta

Pickett

Pombo

Rahall

Rush

Sabo

Schroeder

Scott

Shays

Stark

Stockman

Stokes

Taylor (MS)

Thompson

Volkmer

Waters

Yates

ANSWERED ‘‘PRESENT’’—1

Harman
May 17, 1995 CONGRESSIONAL RECORD — HOUSE H 5107

NOT VOTING—20

Bateman

Berman

Bono

Borski

Brown (FL)

Chapman

Collins (IL)

Davis

Dornan

Fattah

Flake

Hayes

Hoyer

Johnston

Kleczka

Lipinski

Pelosi

Riggs

Schumer

Vucanovich

b 1216

Messrs. WELDON of Pennsylvania,

SERRANO, and WELDON of Florida

changed their vote from ‘‘nay’’ to

‘‘yea.’’

So the Journal was approved.

The result of the vote was announced

as above recorded.

PROVIDING FOR CONSIDERATION

OF HOUSE CONCURRENT RESOfLUTION 67, CONCURRENT RESOLUTION ON THE BUDGET—FISCAL YEAR 1996

Mr. SOLOMON. Mr. Speaker, by direction of the Committee on Rules, I

call up House Resolution 149 and ask

for its immediate consideration.

The Clerk read the resolution, as follows:

H. RES. 149

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare the

House resolved into the Committee of the

Whole House on the state of the Union for

consideration of the concurrent resolution

(H. Con. Res. 67) setting forth the congressional budget for the United States Government for the fiscal years 1996, 1997, 1998, 1999,

2000, 2001, and 2002. The first reading of the

concurrent resolution shall be dispensed

with. All points of order against the concurrent resolution and against its consideration

are waived. General debate shall be confined

to the congressional budget and shall not exceed six hours (including one hour on the

subject of economic goals and policies)

equally divided and controlled by the chairman and ranking minority member of the

Committee on the Budget. After general debate the concurrent resolution shall be considered for amendment under the fiveminute rule. The amendment printed in the

report of the Committee on Rules accompanying this resolution shall be considered

as adopted in the House and in the Committee of the Whole. The concurrent resolution,

as amended, shall be considered as read. No

further amendment shall be in order except

those designated in section 2 of this resolution. Each amendment may be offered only

in the order designated, may be offered only

by a Member designated, shall be considered

as read, shall be debatable for one hour

equally divided and controlled by the proponent and an opponent, and shall not be

subject to amendment. All points of order

against the amendments designated in section 2 are waived except that the adoption of

an amendment in the nature of a substitute

shall constitute the conclusion of consideration of the concurrent resolution for

amendment. After the conclusion of consideration of the concurrent resolution for

amendment, and a final period of general debate, which shall not exceed ten minutes

equally divided and controlled by the chairman and ranking minority member of the

Committee on the Budget, the Committee

shall rise and report the concurrent resolution to the House with such amendment as

may have been adopted. The previous question shall be considered as ordered on the

concurrent resolution and amendments

thereto to final adoption without intervening motion except amendments offered by

the chairman of the Committee on the Budget pursuant to section 305(a)(5) of the Congressional Budget Act of 1974 to achieve

mathematical consistency. The concurrent

resolution shall not be subject to a demand

for division of the question of its adoption.

SEC. 2. The following amendments are in

order pursuant to the first section of this

resolution:

(1) An amendment in the nature of a substitute by Representative Gephardt of Missouri printed not later than May 16, 1995, in

the portion of the Congressional Record designated for that purpose in clause 6 of rule

XXIII, if proposing a Congressional budget in

which total outlays for the fiscal year 2002

do not exceed total receipts for that fiscal

year.

(2) An amendment in the nature of a substitute by Representative Neumann of Wisconsin or Representative Solomon of New

York consisting of the text of House Concurrent Resolution 66.

(3) An amendment in the nature of a substitute by Representative Payne of New Jersey or Representative Owens of New York

printed by Representative Payne on May 16,

1995, in the portion of the Congressional

Record designated for that purpose in clause

6 of rule XXIII.

(4) An amendment in the nature of a substitute by the minority leader or a designee

printed by him not later than May 17, 1995, in

the portion of the Congressional Record designated for that purpose in clause 6 of rule

XXIII, if proposing a Congressional budget

based on a revised budget submission by the

President to the Congress in which total outlays for the fiscal year 2002 do not exceed

total receipts for that fiscal year.

SEC. 3. Rule XLIX shall not apply with respect to the adoption by the Congress of a

conference report to accompany a concurrent resolution setting forth the congressional budget for the United States Government for the fiscal years 1996, 1997, 1998, 1999,

2000, 2001, and 2002.

The SPEAKER pro tempore (Mr.

GOODLATTE). The gentleman from New

York [Mr. SOLOMON] is recognized for 1

hour.

Mr. SOLOMON. Mr. Speaker, for the

purposes of debate only, I yield 30 minutes to the gentleman from Texas [Mr.

FROST], pending which I yield myself

such time as I might consume. During

consideration of the resolution all time

yielded is for the purposes of debate

only.

(Mr. SOLOMON asked and was given

permission to revise and extend his remarks, and include therein extraneous

material.)

Mr. SOLOMON. Mr. Speaker, today is

a truly historic day in this Chamber

and one that I personally have waited

for for a long time, because this will be

the first time that this Congress will

actually debate how to balance a budget instead of whether we will balance

the budget at all.

Why is this so? Because we have written the rules of this debate so that

only four alternatives can be offered,

and all four alternatives, ladies and

gentlemen, balance the budget. Can

you believe that? That, ladies and gentlemen, is truly historic. So much so

that I am so excited I really can hardly

stand it.

Mr. Speaker, let me get to the text of

the rule itself, and Members should listen because it is a complicated, complex rule.

House Resolution 149 is a modified

closed rule providing for the consideration of House Concurrent Resolution

67, the concurrent resolution on the

budget for fiscal years 1996 through the

year 2002. The rule provides for 6 hours

of general debate, equally divided and

controlled by the chairman and ranking minority member of the Committee

on Budget, including 1 hour of debate

on the so-called Humphrey-Hawkins

legislation economic goals and policies.

All points of order are waived against

the budget resolution and its consideration.

This rule provides for the adoption in

the House and in the Committee of the

Whole of an amendment printed in the

Committee on Rules report relating to

spending on agriculture programs, and

for those Members who might not come

from agricultural districts, they might

listen to this too. This is a sense-ofCongress provision to reconsider spending reductions in fiscal years 1999 and

2000 if certain conditions are not met.

This amendment is language worked

out between the Committee on Agriculture chairman and the leadership to

ensure that spending reductions for agricultural programs do not have an adverse impact on the farm economy, and

that is very important.

This rule makes in order four amendments in the nature of substitutes, subject to 1 hour of debate each, and

waives points of order against them,

except that it does not allow for the

consideration of subsequent substitutes

if any one substitute is adopted.

Before I go any further, Mr. Speaker,

this is the most important part of my

statement, Mr. Speaker, that provision

in the rule means quite simply that

there are no free votes on this budget

resolution coming up. The adoption of

any substitute will bring the House to

a vote on final adoption of the budget

resolution as amended, immediately.

This is the old-fashioned amendment

process, it is not a king-of-the-hill or

so-called queen-of-the-hill process. The

four substitutes in their order of consideration are important, because if

any one of these pass, then the debate

immediately ceases and we go right to

final passage. The first substitute to be

offered will be an amendment by Representative GEPHARDT printed in yesterday’s CONGRESSIONAL RECORD which

is the text of the so-called coalition

budget. That is the first substitute before us.

Second, a substitute to be offered by

Representatives NEUMANN and SOLOMON, that is myself, consisting of

House Concurrent Resolution 66, which

you all have before you. This achieves

a balanced budget by the fiscal year

2000, that is within 5 years.

Third, a substitute by Representative

PAYNE of New Jersey and Representative OWENS of my State of New York

printed in yesterday’s RECORD, that is

the Black Caucus budget.

And fourth, and this is important, an

amendment printed in the RECORD by