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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                      104-4
_______________________________________________________________________
 
  PROVIDING FOR THE CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 17, 
 RELATING TO THE TREATMENT OF SOCIAL SECURITY UNDER A BALANCED BUDGET 
     AMENDMENT; AND HOUSE JOINT RESOLUTION 1, THE BALANCED BUDGET 
                        CONSTITUTIONAL AMENDMENT

                                _______


  January 24, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


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

                              R E P O R T

                       [To accompany H. Res. 44]

    The Committee on Rules, having had under consideration 
House Resolution 44, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

               Brief Summary of Provisions of Resolution

    The resolution first makes in order the consideration in 
the House of H. Con. Res. 17, a concurrent resolution relating 
to the treatment of Social Security under any balanced budget 
constitutional amendment. The resolution is subject to one hour 
of debate divided equally between the majority and minority 
leaders or their designees. The previous question is considered 
as ordered to final adoption without intervening motion.
    The text of H. Con. Res. 17 reads as follows: ``That, for 
the purposes of any constitutional amendment requiring a 
balanced budget, the appropriate committees of the House and 
the Senate shall report to their respective Houses implementing 
legislation to achieve a balanced budget without increasing the 
receipts or reducing the disbursements of the Federal Old-Age 
and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund to achieve that goal.''
    Following the disposition of the concurrent resolution, the 
rule provides for the consideration in the Committee of the 
Whole of H.J. Res. 1, proposing a balanced budget amendment to 
the Constitution of the United States.
    The rule waives clause 2(g)(3) of rule XI against the 
consideration of the joint resolution. That clause requires a 
committee to schedule hearings at least a week in advance 
unless the committee determines there is good cause to begin a 
hearing sooner.
    The rule provides three hours of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on the Judiciary.
    The rule first makes in order the committee amendment in 
the nature of a substitute printed in the joint resolution, 
subject to one-hour of debate equally divided between 
Representative Barton of Texas and an opponent. The amendment 
is not subject to amendment.
    Following the disposition of the committee amendment, the 
rule makes in order consideration of the amendments listed in 
section 3 of the resolution by their sponsors' names and the 
numerical designations as printed in the Congressional Record. 
The amendments may be offered notwithstanding the adoption of a 
previous amendment in the nature of a substitute. The 
amendments may only be offered in the order specified, by the 
named proponent or a designee, are subject to one hour of 
debate each divided between the proponent and an opponent, and 
are not subject to amendment.
    The amendments listed in section 3 of the resolution by 
Member and Congressional Record numerical designation are as 
follows: (a) The amendment numbered 4 by Representative Owens 
of New York; (b) the amendment numbered 1 by Representative 
Wise of West Virginia; (c) the amendment numbered 25 by 
Representative Conyers of Michigan; (d) the amendment numbered 
29 by Representative Gephardt of Missouri; and (e) the 
amendment numbered 39 by Representative Schaefer of Colorado.
    If more than one amendment is adopted, then only the 
amendment receiving the most affirmative votes is considered as 
finally adopted. In the case of a tie for the most affirmative 
votes, then the last such amendment adopted is considered as 
finally adopted unless one such amendment is the committee 
amendment, in which case the committee amendment is considered 
as finally adopted.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

            Summary of Amendments Made in Order by the Rule

    Below is a brief summary of the six amendments in the 
nature of a substitute made in order by the resolution:

january 24, 1995--Rule providing for the consideration of H.J. Res. 1, 
              The Balanced Budget Constitutional Amendment

                       (Amendments made in order)

Committee amendment in the nature of a substitute (one-hour, non-
        amendable)

    Barton: Congress shall adopt a statement of receipts and 
outlays which are in balance: the President shall propose a 
balanced budget: \3/5\ths vote requirement for deficit 
spending, increases in the debt limit, and increases in tax 
revenues; a majority of each House may waive the provisions in 
case of war of a serious military threat declared in a joint 
resolution which becomes law.

Other amendments in the nature of a substitute (one-hour each, non-
        amendable

    (a) Owens (#4): Congress shall adopt a statement of 
receipts and outlays which balances; the President shall 
propose a balanced budget; contains a \3/5\ths vote requirement 
for raising the debt ceiling and deficit spending; allows the 
provisions to be waived during times of war, military conflict 
as declared by law, or for any fiscal year for which the 
President notifies the Congress (and the Congress passes a 
joint resolution that becomes law) that the national 
unemployment rate is projected to exceed 4 percent.
    (b) Wise (#1): The Operating Budget shall be in balance; 
the President shall propose a balanced budget for Operating 
Funds; establishes a Capital Budget and takes it off-budget; 
takes the Social Security Trust Fund off-budget; allows 
Congress to waive the balance budget provisions in times of 
war, or military conflict or recession as declared by law; 
contains no vote requirements for tax increases, deficit 
spending, or debt limit increases.
    (c) Conyers (#25): Congress shall adopt a statement of 
receipts and outlays which balances; the President shall 
propose a balanced budget; takes Social Security Trust Fund 
(and any successor fund) off-budget; requires a specific budget 
plan to be passed before balanced budget requirement takes 
effect; requires a whole-number majority vote for deficit 
spending; provisions may be waived by majority of each House in 
case of war or a serious military threat as declared by law.
    (d) Gephardt (#29): Congress shall adopt a statement of 
receipts and outlays that shall balance; the President shall 
propose a balanced budget; takes the Social Security Trust Fund 
off-budget; requires a whole number majority vote for deficit 
spending; majority of each House may waive provisions in case 
of war or a serious military threat declared in a joint 
resolution which becomes law; contains no special vote 
requirements for tax or debt limit increases.
    (e) Schaefer (#39): The President shall propose a balanced 
budget; requires a \3/5\ths vote for deficit spending and to 
increase the debt limit; requires a whole-number majority to 
increase revenue; provisions may be waived in case of war, or 
serious military threat as declared by law.

                            Committee Votes

    Pursuant to clause 2(l)(2)(B) of House rule XI, the results 
of each rollcall vote on an amendment or on the motion to 
report, together with the names of those voting for and 
against, are printed below:

                    Rules Committee Roll Call No. 9

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: To report an open rule.
    Results: Rejected, 4 to 8.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Not voting; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    Rules Committee Roll Call No. 10

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order Conyers Amendment #23 from 
Record.
    Results: Rejected, 3 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Not voting; Solomon--Nay.

                    rules committee roll call no. 11

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: Strike language that provides for the 
substitute with most vote wins and insert language to provide 
that the last substitute adopted wins.
    Results: Rejected, 4 to 9.
    Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 12

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Franks (NJ) amendment #7 
from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 13

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Hoke amendment #8 from 
Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 14

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Frost.
    Summary of Motion: Make in order Istook amendments #10 & 
#32 from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 15

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Frost.
    Summary of Motion: Make in order Schiff amendment #13 from 
Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    Rules Committee Roll Call No. 16

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Frost.
    Summary of Motion: Make in order Frank amendment #27 from 
Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    Rules Committee Roll Call No. 17

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Hall.
    Summary of Motion: Make in order Nadler amendment #35 from 
Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    Rules Committee Roll Call No. 18

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Hall.
    Summary of Motion: Make in order Hilliard amendments #30 & 
#31 from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    Rules Committee Roll Call No. 19

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Hall.
    Summary of Motion: Make in order Foglietta amendment #28 
from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    Rules Committee Roll Call No. 20

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Hall.
    Summary of Motion: Make in order Traficant amendment #43 
from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 21

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Waters amendment #20 from 
Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 22

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order Orton amendments #36 & #37 
from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 23

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Skaggs amendments #41 & 
#42 from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 24

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Frost.
    Summary of Motion: Make in order Nadler amendments #33 & 
#34 from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 25

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Frost.
    Summary of Motion: Make in order Jackson-Lee amendments #45 
& #46 from Record.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 26

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Skaggs amendment #14 from 
Record.
    Results: Rejected, 2 to 7.
    Vote by Member: Quillen--Nay; Dreier--Not voting; Goss--
Nay; Linder--Not voting; Pryce--Nay; Diaz-Balart--Nay; 
McInnis--Nay; Waldholtz--Nay; Moakley--Not voting; Beilenson--
Yea; Frost--Not voting; Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 27

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Thornton amendment #18 
from Record.
    Results: Rejected, 3 to 7.
    Vote by Member: Quillen--Nay; Dreier--Not voting; Goss--
Nay; Linder--Not voting; Pryce--Nay; Diaz-Balart--Nay; 
McInnis--Nay; Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; 
Frost--Not voting; Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 28

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Beilenson.
    Summary of Motion: Make in order Volkmer amendment #44 from 
Record.
    Results: Rejected, 3 to 7.
    Vote by Member: Quillen--Nay; Dreier--Not voting; Goss--
Nay; Linder--Not voting; Pryce--Nay; Diaz-Balart--Nay; 
McInnis--Nay; Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; 
Frost--Not voting; Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 29

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order en bloc Conyers amendment 
#24, Coleman amendment #2, Jacobs amendment #3, Watt amendment 
#21, Kleczka amendment #5, Stupak amendment #17, Fattah 
amendment #26.
    Results: Rejected, 3 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Not 
voting; Hall--Yea; Solomon--Nay.

                    rules committee roll call no. 30

    Date: January 24, 1995.
    Measure: Rule for H.J. Res. 1, Balanced Budget Amendment.
    Motion By: Mr. Quillen.
    Summary of Motion: To report rule to House.
    Results: Adopted, 9 to 3.
    Vote by Member: Quillen--Yea; Dreier--Yea; Goss--Yea; 
Linder--Yea; Pryce--Yea; Diaz-Balart--Yea; McInnis--Yea; 
Waldholtz--Yea; Moakley--Nay; Beilenson--Nay; Frost--Not 
voting; Hall--Nay; Solomon--Yea.