[Congressional Record Volume 140, Number 43 (Tuesday, April 19, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]


                              {time}  1300
 
                  MAKING CERTAIN TECHNICAL CORRECTIONS

  Mr. RICHARDSON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1654) to make certain technical corrections, as 
amended.
  The Clerk read as follows:

                                S. 1654

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NORTHERN CHEYENNE INDIAN RESERVED WATER RIGHTS 
                   SETTLEMENT ACT OF 1992.

       (a) Environmental Costs.--Section 7(e) of the Northern 
     Cheyenne Indian Reserved Water Rights Settlement Act of 1992 
     (Public Law 102-374, 106 Stat. 1186 et seq.) is amended by 
     adding at the end thereof the following new sentences: ``All 
     costs of environmental compliance and mitigation associated 
     with the Compact, including mitigation measures adopted by 
     the Secretary, are the sole responsibility of the United 
     States. All moneys appropriated pursuant to the authorization 
     under this subsection are in addition to amounts appropriated 
     pursuant to the authorization under section 7(b)(1) of this 
     Act, and shall be immediately available.''.
       (b) Authorizations.--The first sentence of section 4(c) of 
     the Northern Cheyenne Indian Reserved Water Rights Settlement 
     Act of 1992 (Public Law 102-374; 106 Stat. 1186 et seq.) is 
     amended to read as follows: ``Except for authorizations 
     contained in subsections 7(b)(1)(A), 7(b)(1)(B) and 7(e), the 
     authorization of appropriations contained in this Act shall 
     not be effective until such time as the Montana water court 
     enters and approves a decree as provided in subsection (d) of 
     this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall be considered to have taken effect on September 30, 
     1992.

     SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT 
                   OF 1992.

       (a) Amendment.--Section 3704(d) of the San Carlos Apache 
     Tribe Water Rights Settlement Act of 1992 (Public Law 102-
     575) is amended by deleting ``reimbursable'' and inserting in 
     lieu thereof ``nonreimbursable''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be considered to have taken effect on October 30, 1992.

     SEC. 3. TRIBALLY CONTROLLED COMMUNITY COLLEGES.

       The part of the text contained under the heading ``BUREAU 
     OF INDIAN AFFAIRS'', and the subheading ``operation of indian 
     programs'', in title I of the Department of the Interior and 
     Related Agencies Appropriations Act, 1994, which reads 
     ``Provided further, That any funds provided under this head 
     or previously provided for tribally-controlled community 
     colleges which are distributed prior to September 30, 1994 
     which have been or are being invested or administered in 
     compliance with section 331 of the Higher Education Act shall 
     be deemed to be in compliance for current and future purposes 
     with title III of the Tribally Controlled Community Colleges 
     Assistance Act.'' is amended by deleting ``section 331 of the 
     Higher Education Act'' and inserting in lieu thereof 
     ``section 332(c)(2)(A) of the Higher Education Act of 1965''.

     SEC. 4. WHITE EARTH RESERVATION LAND SETTLEMENT ACT OF 1985.

       Section 7 of the White Earth Reservation Land Settlement 
     Act of 1985 (25 U.S.C. 331, note) is amended by adding at the 
     end thereof the following:
       ``(f)(1) The Secretary is authorized to make a one-time 
     deletion from the second list published under subsection (c) 
     or any subsequent list published under subsection (e) of any 
     allotments or interests which the Secretary has determined do 
     not fall within the provisions of subsection (a) or (b) of 
     section 4, or subsection (c) of section 5, or which the 
     Secretary has determined were erroneously included in such 
     list by reason of misdescription or typographical error.
       ``(2) The Secretary shall publish in the Federal Register 
     notice of deletions made from the second list published under 
     subsection (c) or any subsequent list published under 
     subsection (e).
       ``(3) The determination made by the Secretary to delete an 
     allotment or interest under paragraph (1) may be judicially 
     reviewed in accordance with chapter 7 of title 5, United 
     States Code, within 90 days after the date on which notice of 
     such determination is published in the Federal Register under 
     paragraph (2). Any legal action challenging such a 
     determination that is not filed within such 90-day period 
     shall be forever barred. Exclusive jurisdiction over any 
     legal action challenging such a determination is vested in 
     the United States District Court for the District of 
     Minnesota.''.

     SEC. 5. AMENDMENTS.

       Section 1(c) of the Act entitled ``An Act to establish a 
     reservation for the Confederated Tribes of the Grand Ronde 
     Community of Oregon, and for other purposes'', approved 
     September 9, 1988 (102 Stat 1594), is amended as follows:
       (1) delete ``9,811.32'' and insert in lieu thereof 
     ``9,879.65''; and
       (2) delete everything after ``5 9 17 All 640.00'' and 
     insert in lieu thereof the following:


``681SW\1/4\SW\1/4\, W\1/2\SE\1/4\SW\1/4\...............           53.78
``681S\1/2\E\1/2\,SE\1/4\SW\1/4\........................            9.00
``678Tax lot 800........................................           5.55 
                                                         ---------------
      Total.............................................    9,879.65''. 
                                                                        


  The SPEAKER pro tempore (Mr. Montgomery). Pursuant to the rule, the 
gentleman from New Mexico [Mr. Richardson] will be recognized for 20 
minutes, and the gentleman from Minnesota [Mr. Grams] will be 
recognized for 20 minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Richardson].


                             general leave

  Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks, and include extraneous matter on the Senate bill presently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 1654 makes certain technical amendments to various 
Federal statutes affecting Native Americans. The bill has technical 
amendments to five Federal statutes.
  The first provision would amend the Northern Cheyenne Indian Reserved 
Water Rights Settlement Act of 1992 to clarify that the costs of 
environmental compliance and mitigation related to the repair and 
enlargement of the Tongue River Dam are the sole responsibility of the 
United States. It also clarifies that the environmental compliance 
funds under section 7(e) are authorized in addition to the funds 
authorized under 7(b)(1) for the Tongue River Dam project. Finally, it 
makes clear that these environmental compliance funds may be expended 
prior to the Montana water court's issuance of a settlement decree.
  The second provision amends the San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 to correct an error in the text of the title 37 
of Public Law 102-575. This amendment changes the word from 
``reimbursable'' to ``nonreimbursable'' in order to ensure that the 
construction costs associated with water transferred to the tribe 
pursuant to the settlement are deferred pursuant to the Leavitt Act. 
This change reflects the intent of the Congress and is supported by all 
parties to the settlement.
  The third provision amends a provision included in the 1994 Interior 
Appropriations Act to reference section 332(c)(2)(A) of the Higher 
Education Act of 1965. The original provision cited the wrong section 
of the Higher Education Act. It would allow tribal community colleges 
to invest endowment funds in Government securities in addition to 
federally insured banks and savings and loans.
  I note that a slight change to this provision correcting the date was 
added after committee consideration. This minor change has been agreed 
to by the Committee on Education and Labor and improves the bill.
  The fourth provision amends the White Earth Reservation Land 
Settlement Act of 1985 to authorize the Secretary of the Interior to 
make necessary corrections to the listing of allotments eligible for 
compensation pursuant to the Settlement Act.
  The last provision amends the Grand Ronde Reservation Act of 1988 to 
clarify that three additional parcels of land which are held in trust 
by the Federal Government for the benefit of the Grand Ronde tribe are 
included as part of the tribe's reservation.
  I urge my colleagues to support it.
         State of Montana, Department of Natural Resources and 
           Conservation,
                                       Helena, MT, April 19, 1994.
     Hon. George Miller,
     Chairman, Committee on Natural Resources, Washington, DC
       Dear Chairman Miller: I have reviewed the letter provided 
     to you by the Congressional Budget Office (CBO) regarding S. 
     1654 and would like to clarify two issues.
       First, the CBO letter implies that S. 1654 creates a 
     federal obligation to the Northern Cheyenne Tribe for 
     completion of environmental compliance and mitigation on 
     tribal projects under their water rights compact. The 
     Department of Interior currently has a trustee obligation to 
     provide those services to the tribe: consequently the fiscal 
     impact of S. 1654 for these purposes is zero. It is 
     incredulous that the Department of Interior, after promising 
     the tribe that it has a trustee responsibility to provide 
     environmental compliance and mitigation services to the 
     Northern Cheyenne Tribe, would suggest to the CBO that this 
     obligation is created by S. 1654.
       Second, it is the position of the Northern Cheyenne Tribe 
     and the State of Montana that Section 7(e) of the Northern 
     Cheyenne Settlement Act of 1992 clearly directs the 
     Department of Interior to pay for all environmental 
     compliance and mitigation costs associated with the compact, 
     therefore we believe that S. 1654 creates no additional 
     federal cost.
       Furthermore, the CBO letter overstates the fiscal impact of 
     S. 1654 to the federal government regarding the Tongue River 
     Dam Project even if the Department of Interior interpretation 
     of the Settlement Act is correct. Because the Department of 
     Interior would pay $1,300,000 of the $2 million cost of 
     environmental compliance and mitigation costs associated with 
     the Tongue River Dam Project (assuming the Department of 
     Interior interpretation of the Settlement Act is correct) S. 
     1654 represents an increased federal exposure of only 
     $700,000.
       Thank you for the opportunity to provide this 
     clarification.
           Sincerely,
                                                       Gary Fritz,
                                                    Administrator.
                                  ____

         State of Montana, Department of Natural Resources and 
           Conservation,
                                        Helena, MT, March 8, 1994.
     Hon. Daniel K. Inouye;
     Chairman, Committee on Indian Affairs, U.S. Senate, 
         Washington, DC.
     Hon. George Miller,
     Chairman, Committee on Natural Resources, House of 
         Representatives, Washington, DC.
     Hon. Bill Richardson,
     Chairman, Native American Affairs Committee, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The Department of Interior has suggested 
     that S. 1654 be amended to satisfy their concerns regarding 
     Section 1, amendments to the Northern Cheyenne Water Rights 
     Settlement Act of 1992. We believe that the suggested 
     amendments are either unnecessary or deleterious to the 
     Northern Cheyenne Tribe. Therefore, we believe that S. 1654 
     should not be amended and should be moved quickly so that the 
     Agreement can be fully implemented.
       The first amendment suggested by the Department is that the 
     word ``Compact'' be deleted from Section 7(e) and replaced 
     with the words ``Tongue River Dam Project.'' We oppose this 
     amendment because it would remove the current federal 
     obligation to complete environmental compliance and 
     mitigation work for Northern Cheyenne Tribe activities.
       The other amendments address issues that are resolved by a 
     proposed ``Letter of Understanding'' that was transmitted to 
     John J. Duffy by David W. Pennington, Chairman of the 
     Northern Cheyenne Federal Implementation Team, on January 21, 
     1994. We believe it is more efficient to complete the letter 
     of understanding than it is to amend S. 1654.
           Best Regards,
     Mark Simonich,
       Director.
     Llevando Fisher,
       Tribal Council President.
                                  ____


 Northern Cheyenne Tribal Council, Northern Cheyenne Reservation, Lame 
                                Deer, MT


                        resolution no. 122 (94)

       A resolution of the Northern Cheyenne Tribal Council 
     expressing Northern Cheyenne Tribal Council sentiment to any 
     congressional legislative amendments in our Northern Cheyenne 
     Indian Reserved Water Rights Settlement Act of 1992.
       Whereas, in September of 1992 the Northern Cheyenne Indian 
     Reserved Water Rights Settlement Act of 1992 was signed into 
     law by the President of the United States of America; and,
       Whereas, this federal legislation was the end product of 
     many many years of work by the Northern Cheyenne Tribe; and,
       Whereas, this federal water settlement legislation is 
     viewed by the Northern Cheyenne Tribe as the federal 
     recognition, at long last, of what amount of water the 
     Northern Cheyenne Tribe now will own forever and ever; and,
       Whereas, this federal recognition, through the legislation, 
     contains other federal promises made by the federal 
     government to the Northern Cheyenne Tribe; and
       Whereas, before the Water Rights Settlement Act was passed 
     into law it was thoroughly reviewed by the Northern Cheyenne 
     Tribe, the State of Montana, and the U.S. Government; and,
       Whereas, the Northern Cheyenne Tribe now expects that this 
     legislation shall be fully honored by ourselves, the State of 
     Montana, and the U.S. Government; and,
       Whereas, certain amendments are now being advanced by both 
     the State of Montana and the Department of Interior 
     concerning certain changes in the Northern Cheyenne Indian 
     Reserved Water Rights Settlement Act of 1992; and,
       Whereas, the Northern Cheyenne Tribal Council, after 
     thoroughly reviewing the amendments which are offered by the 
     State and the Department of Interior, wishes to go on record 
     regarding our position on any legislation changes in our 
     Northern Cheyenne Indian Reserved Water Rights Settlement 
     Act; now,
       Therefore be it resolved by the Northern Cheyenne Tribal 
     Council that any and all amendments that either the State of 
     Montana or the Department of Interior would propose for 
     possible amendments to our Water Settlement Act will be 
     scrutinized by the Northern Cheyenne Tribe and will not be 
     supported, and in fact will be vigorously opposed, if the 
     amendment dilutes or weakens any of the promises or 
     responsibilities made by the United States Government in our 
     1992 Water Rights Settlement Act. In particular, the long 
     term environmental compliance costs that the Secretary of 
     Interior is to provide the Northern Cheyenne Tribe when the 
     Tribe makes use of our Compact water is to remain as it now 
     reads in our 1992 Settlement Act.
       Passed, Adopted and Approved by the Northern Cheyenne 
     Tribal Council by 13 votes for passage and adoption and no 
     votes against passage and adoption this 22nd day of March, 
     1994.
                                       Llevando Fisher, President,
                                 Northern Cheyenne Tribal Council.
  Mr. GRAMS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on behalf of the gentleman from Wyoming [Mr. Thomas], 
who is the ranking member on the Subcommittee on Native American 
Affairs, I would simply state today that we have no opposition to the 
passage of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume for the purpose of thanking the gentleman from Minnesota for 
his assistance today. I especially want to thank the gentleman from 
Wyoming [Mr. Thomas], a very valued member of the subcommittee who has 
worked very diligently on native American issues.
  Mr. Speaker, as I have stated in my statement, this is a bill that is 
basically just technical corrections; they are needed. Many tribes are 
affected by what we are doing here today.
  Mr. KOPETSKI. Mr. Speaker, I rise to express my support for S. 1654, 
a bill making technical corrections to various Indian laws. In 
particular, I support section 5 of the bill as reported from the 
Natural Resources Committee, which clarifies the status of three 
parcels of land held in trust by the United States for the Confederated 
Tribes of the Grand Ronde Community of Oregon. I also want to take this 
occasion to thank Representative Richardson, the chairman of the 
Natural Resources Subcommittee on Native American Affairs, and 
Representative Miller, chairman of the full Natural Resources 
Committee, for their support and timely consideration of this 
legislation. And the support and assistance of my Oregon colleague, 
Representative Elizabeth Furse, is especially appreciated.
  Section 5 of S. 1654 as reported will clarify that three parcels of 
land, totaling 68.33 acres and already held in trust by the United 
States for the Confederated Tribes of the Grand Ronde, are to be 
recognized as reservation for the tribes. The Confederated Tribes of 
the Grand Ronde were terminated in 1954 and restored to Federal 
recognition in 1983. Subsequent legislation, enacted in 1988, 
established their new reservation, and identified specifically 
described tracts of commercial timberland as reservation lands. The 
Reservation Act also clearly envisioned that lands other than the 
timberlands be included in the reservation, but at the time of 
enactment, the Grand Rondes had no land in trust, so no other lands 
were included in the specified acreage. However, following enactment of 
the Reservation Act, the tribes secured three additional parcels of 
land within the community of Grand Ronde, which today are occupied by 
the tribal headquarters, elders facility, and forestry headquarters. 
These parcels are within the Grand Ronde's old reservation and have 
been taken in trust for the tribes. The tribes desire that the parcels 
be made a part of the new reservation, but the U.S. Interior Department 
has determined that for these parcels to be considered restored lands, 
they must be statutorily established. Accordingly, section 5 of S. 1654 
would simply amend the specific reservation description in the 1988 
Grand Ronde Reservation Act to include these three parcels.
  The U.S. Department of the Interior, in a March 10, 1994 letter from 
Assistant Secretary for Indian Affairs Ada Deer to Chairman George 
Miller, supports this change in the Grand Ronde Reservation Act, 
stating:

       We particularly support Section 6 now Section 5, of the 
     bill which would amend the Grand Ronde Reservation Act of 
     1988, by adding to the reservation three parcels acquired in 
     trust for the tribe since the legislation. The inclusion of 
     these lands in the reservation is entirely consistent with 
     the act and we fully support it.

  Mr. Speaker, section 5 of S. 1654 is supported by your Committee on 
Natural Resources, the administration, my Oregon colleague and myself. 
It is time that we, as a nation, begin to repay the debt we owe our 
native Americans by giving them sufficient land and economic 
opportunities to thrive in modern American society. I urge my 
colleagues to support S. 1654.
  In closing, Mr. Speaker, I note with sadness the death Saturday, 
April 16, of Mr. Ray McKnight, who joined the Grand Ronde Tribal 
Council in his later years. Mr. McKnight was instrumental in the Grand 
Ronde Reservation Act, active on the tribes' timber committee, and 
participated in the tribes' acquisition of lands addressed in the 
legislation before us today. I join the Confederated Tribes of Grand 
Ronde and the wider community in mourning his passing, and wish to pay 
tribute to his leadership and public service.
  Mr. WILLIAMS. Mr. Speaker, this technical corrections bill contains 
language which clarifies the original intent of Congress when we 
enacted Public Law 102-374, the Northern Cheyenne Indian Reserved Water 
Rights Settlement Act of 1991. This act was passed to finally quantify 
the water rights of the Northern Cheyenne Tribe and to provide for the 
repair and enlargement of the Tongue River Dam to hold those water 
rights. The repair of the dam is high priority because the spillway is 
too small creating unsafe conditions during high flow periods.
  Due to a drafting error in the original bill however, the funds for 
the environmental compliance and fish and wildlife mitigation for the 
dam reconstruction were frozen by the Department of Interior because 
questions were raised concerning whether environmental compliance and 
fish and wildlife mitigation costs were covered under the authorization 
for the Tongue River Dam project.
  Mr. Speaker, the entire Montana congressional delegation along with 
Chairman Miller of the Natural Resources Committee and Chairman 
Richardson and Senator Inouye of the House and Senate Indian Affairs 
Committees support this legislation. In fact, they sent a letter to the 
Department in February of 1993 clarifying our intent that the 
environmental compliance and mitigation was to be provided under a 
separate authorization found in Public Law 102-374.
  Because of the continuing concern by the Department of Interior on 
environmental compliance and mitigation, we introduced a bill last 
spring which was rolled into S. 1654 and was passed the end of last 
year by the Senate.
  I now hope with passage of this bill, we will be able to move forward 
and implement this long-awaited law.
  Mr. RICHARDSON. Mr. Speaker, I urge my colleagues to support the 
bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico [Mr. Richardson] that the House suspend the 
rules and pass the Senate bill, S. 1654, as amended.
  The question was taken.
  Mr. SOLOMON. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.


                announcement by the speaker pro tempore

  The SPEAKER pro tempore. The Chair will announce that this is a 15-
minute vote to be followed by two votes of 5 minutes each.
  The vote was taken by electronic device, and there were yeas 414, 
nays 2, not voting 16, as follows:

                             [Roll No. 116]

                               YEAS--414

     Ackerman
     Allard
     Andrews (ME)
     Andrews (NJ)
     Andrews (TX)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Beilenson
     Bentley
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Borski
     Boucher
     Brewster
     Brooks
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coleman
     Collins (GA)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Coyne
     Cramer
     Crane
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (CA)
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Everett
     Ewing
     Farr
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Fingerhut
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings
     Hayes
     Hefley
     Hefner
     Herger
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Johnston
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Linder
     Lipinski
     Lloyd
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manton
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McMillan
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Michel
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murphy
     Murtha
     Myers
     Nadler
     Neal (MA)
     Neal (NC)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Penny
     Peterson (MN)
     Petri
     Pickett
     Pickle
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Rangel
     Ravenel
     Reed
     Regula
     Reynolds
     Richardson
     Ridge
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roth
     Roukema
     Rowland
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Studds
     Stump
     Stupak
     Sundquist
     Swett
     Swift
     Synar
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Unsoeld
     Upton
     Valentine
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                                NAYS--2

     Royce
     Sensenbrenner
       

                             NOT VOTING--16

     Abercrombie
     Blackwell
     Clinger
     Collins (IL)
     Cox
     Fish
     Gallo
     Grandy
     Livingston
     Pelosi
     Peterson (FL)
     Stokes
     Thomas (WY)
     Washington
     Whitten
     Wynn

                              {time}  1326

  Mr. ROYCE changed his vote from ``yea'' to ``nay.''
  Messrs. SHAYS, LEWIS of Georgia, and PENNY changed their vote from 
``nay'' to ``yea.''
  So (two-thirds having voted in favor thereof) the rules were 
suspended and the Senate bill, as amended, was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________