[Congressional Record Volume 142, Number 3 (Friday, January 5, 1996)]
[House]
[Pages H311-H322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR DISPOSITION OF SENATE AMENDMENT TO H.R. 1358, CONVEYANCE 
   OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT GLOUCESTER, MA

  Mr. DREIER. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 338 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                          HOUSE RESOLUTION 338

       Resolved, That upon adoption of this resolution the House 
     shall be considered to have taken from the Speaker's table 
     the bill (H.R. 1358) to require the Secretary of Commerce to 
     convey to the Commonwealth of Massachusetts the National 
     Marine Fisheries Service laboratory located on Emerson Avenue 
     in Gloucester, Massachusetts, with the Senate amendment 
     thereto, and to have concurred in the Senate amendment with 
     an amendment consisting of the text printed in the report of 
     the Committee on Rules accompanying this resolution.

  The text of the Senate amendment and the House amendment to the 
Senate amendment is as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. CONVEYANCES.

       (a) National Marine Fisheries Service Laboratory at 
     Gloucester, Massachusetts.--
       (1) In general.--The Secretary of Commerce shall convey to 
     the Commonwealth of Massachusetts, all right, title, and 
     interest of the United States in and to the property 
     comprising the National Marine Fisheries Service laboratory 
     located on Emerson Avenue in Gloucester, Massachusetts.
       (2) Terms.--A conveyance of property under paragraph (1) 
     shall be made--
       (A) without payment of consideration; and
       (B) subject to the terms and conditions specified under 
     paragraphs (3) and (4).
       (3) Conditions for transfer.--
       (A) In general.--As a condition of any conveyance of 
     property under this subsection, the Commonwealth of 
     Massachusetts shall assume full responsibility for 
     maintenance of the property for as long as the Commonwealth 
     retains the right and title to that property.
       (B) Continued use of property by nmfs.--The Secretary may 
     enter into a memorandum of understanding with the 
     Commonwealth of Massachusetts under which the National Marine 
     Fisheries Service is authorized to occupy existing laboratory 
     space on the property conveyed under this subsection, if--
       (i) the term of the memorandum of understanding is for a 
     period of not longer than 5 years beginning on the date of 
     enactment of this Act; and
       (ii) the square footage of the space to be occupied by the 
     National Marine Fisheries Service does not conflict with the 
     needs of, and is agreeable to, the Commonwealth of 
     Massachusetts.
       (4) Reversionary interest.--All right, title, and interest 
     in and to all property conveyed under this subsection shall 
     revert to the United States on the date on which the 
     Commonwealth of Massachusetts uses any of the property for 
     any purpose other than the Commonwealth of Massachusetts 
     Division of Marine Fisheries resource management program.
       (5) Restriction.--Amounts provided by the South Essex 
     Sewage District may not be used by the Commonwealth of 
     Massachusetts to transfer existing activities to, or conduct 
     activities at, property conveyed under this section.
       (b) Pier in Charleston, South Carolina.--Section 22(a) of 
     the Marine Mammal Protection Act Amendments of 1994 (Public 
     Law 103-238; 108 Stat. 561) is amended--
       (1) by inserting ``(1)'' before ``Not''; and
       (2) by adding at the end thereof the following:
       ``(2) Not later than December 31, 1996, the Secretary of 
     the Navy may convey, without payment or other consideration, 
     to the Secretary of Commerce, all right, title, and interest 
     to the property comprising that portion of the Naval Base, 
     Charleston, South Carolina, bounded by Hobson Avenue, the 
     Cooper River, the landward extension of the property line 
     located 70 feet northwest of and parallel to the centerline 
     of Pier Q, and the northwest property line of the parking 
     area associated with Pier R. The property shall include Pier 
     Q, all towers and outbuildings on that property, and walkways 
     and parking areas associated with those buildings and Pier 
     Q.''.

     SEC. 2. FISHERIES RESEARCH FACILITIES.

       (a) Fort Johnson.--The Secretary of Commerce, through the 
     Under Secretary of Commerce for Oceans and Atmosphere, is 
     authorized to construct on land to be leased from the State 
     of South Carolina, a facility at Fort Johnson, South 
     Carolina, provided that the annual cost of leasing the 
     required lands does not exceed one dollar.
       (b) Auke Cape.--The Secretary of Commerce, through the 
     Under Secretary of Commerce for Oceans and Atmosphere, is 
     authorized to construct a facility on Auke Cape near Juneau, 
     Alaska, to provide consolidated office and laboratory space 
     for National Oceanic and Atmospheric Administration personnel 
     in Juneau, provided that the property for such facility is 
     transferred to the National Oceanic and Atmospheric 
     Administration from the United States Coast Guard or the City 
     of Juneau.
       (c) Completion Date for Funded Work.--The Secretary of 
     Commerce shall complete the architectural and engineering 
     work for the facilities described in subsections (a) and (b) 
     by not later than May 1, 1996, using funds that have been 
     previously appropriated for that work.
       (d) Availability of Appropriations.--The authorizations 
     contained in subsections (a) and (b) are subject to the 
     availability of appropriations provided for the purpose 
     stated in this section.

     SEC. 3. PRIBILOF ISLANDS.

       (a) In General.--The Secretary of Commerce shall, subject 
     to the availability of appropriations provided for the 
     purposes of this section, clean up landfills, wastes, dumps, 
     debris, storage tanks, property, hazardous or unsafe 
     conditions, and contaminants, including petroleum products 
     and their derivatives, left by the National Oceanic and 
     Atmospheric Administration on lands which it and its 
     predecessor agencies abandoned, quitclaimed, or otherwise 
     transferred or are obligated to transfer, to local entities 
     or residents on the Pribilof Islands, Alaska, pursuant to the 
     Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), as amended, or 
     other applicable law.
       (b) Obligations of Secretary.--In carrying out cleanup 
     activities under subsection (a), the Secretary of Commerce 
     shall--
       (1) to the maximum extent practicable, execute agreements 
     with the State of Alaska, and affected local governments, 
     entities, 

[[Page H312]]
     and residents eligible to receive conveyance of lands under the Fur 
     Seal Act of 1966 (16 U.S.C. 1161 et seq.) or other applicable 
     law;
       (2) manage such activities with the minimum possible 
     overhead, delay, and duplication of State and local planning 
     and design work;
       (3) receive approval from the State of Alaska for 
     agreements described in paragraph (1) where such activities 
     are required by State law;
       (4) receive approval from affected local entities or 
     residents before conducting such activities on their 
     property; and
       (5) not seek or require financial contributions by or from 
     local entities or landowners.
       (c) Resolution of Federal Responsibilities.--(1) Within 9 
     months after the date of enactment of this section, and after 
     consultation with the Secretary of the Interior, the State of 
     Alaska, and local entities and residents of the Pribilof 
     Islands, the Secretary of Commerce shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Resources of the House of 
     Representatives, a report proposing necessary actions by the 
     Secretary of Commerce and Congress to resolve all claims with 
     respect to, and permit the final implementation, fulfillment 
     and completion of--
       (A) title II of the Fur Seal Act Amendments of 1983 (16 
     U.S.C. 1161 et seq.);
       (B) the land conveyance entitlements of local entities and 
     residents of the Pribilof Islands under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.);
       (C) the provisions of this section; and
       (D) any other matters which the Secretary deems 
     appropriate.
       (2) The report required under paragraph (1) shall include 
     the estimated costs of all actions, and shall contain the 
     statements of the Secretary of Commerce, the Secretary of the 
     Interior, any statement submitted by the State of Alaska, and 
     any statements of claims or recommendations submitted by 
     local entities and residents of the Pribilof Islands.
       (d) Use of Local Entities.--Notwithstanding any other law 
     to the contrary, the Secretary of Commerce shall, to the 
     maximum extent practicable, carry out activities under 
     subsection (a) and fulfill other obligations under Federal 
     and State law relating to the Pribilof Islands, through 
     grants or other agreements with local entities and residents 
     of the Pribilof Islands, unless specialized skills are needed 
     for an activity, and the Secretary specifies in writing that 
     such skills are not available through local entities and 
     residents of the Pribilof Islands.
       (e) Definition.--For the purposes of this section, the term 
     ``clean up'' means the planning and execution of remediation 
     actions for lands described in subsection (a) and the 
     redevelopment of landfills to meet statutory requirements.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated not to exceed $10,000,000 in each of 
     fiscal years 1996, 1997, and 1998 for the purposes of 
     carrying out this section.

  The text of the amendment considered as adopted is as follows:

  At the end of the Senate amendment, add the following:

                                TITLE I

       The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for the fiscal year 
     1996, and for other purposes, namely:
       Sec. 101. (a) Such amounts as may be necessary under the 
     authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1995 for continuing 
     the following projects or activities including the costs of 
     direct loans and loan guarantees (not otherwise specifically 
     provided for in this Act) which were conducted in the fiscal 
     year 1995:
       All allowances paid under section 5(b) of the Peace Corps 
     Act, 22 U.S.C. section 2504, notwithstanding section 10 of 
     Public Law 91-672, at a rate for operations, notwithstanding 
     any other provision of this Act, provided for in the 
     conference report and joint explanatory statement of the 
     Committee of Conference (House Report 104-295) on the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1996, (H.R. 1868), as passed by the House 
     of Representatives on October 31, 1995;
       All activities, including administrative expenses, 
     necessary to process single-family mortgage loans and 
     refinancing for low-income and moderate-income families 
     funded under the Federal Housing Administration's ``FHA-
     mutual mortgage insurance program account'' and ``FHA-general 
     and special risk program account'' in the Department of 
     Housing and Urban Development at a rate for operations, 
     notwithstanding any other provision of this Act, provided for 
     in the conference report and joint explanatory statement of 
     the Committee of Conference (House Report 104-384) on the 
     Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1996, (H.R. 2099), 
     as passed by the House of Representatives on December 7, 
     1995;
       All projects and activities directly related to the 
     security of United States diplomatic posts and facilities 
     abroad, notwithstanding section 15 of the State Department 
     Basic Authorities Act of 1956 at a rate for operations, 
     notwithstanding any other provision of this Act, provided for 
     in the conference report and joint explanatory statement of 
     the Committee of Conference (House Report 104-378) on the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1996, (H.R. 2076), 
     as passed by the House of Representatives on December 6, 
     1995;
       Activities funded under the account heading ``Emergency 
     food and shelter program'' in the Federal Emergency 
     Management Agency: Provided, That, notwithstanding any other 
     provision of this Act, the amount made available by this Act 
     shall not exceed $46,000,000: Provided further, That not to 
     exceed three and one-half percentum of the amount made 
     available shall be for administrative costs;
       All retirement pay and medical benefits for Public Health 
     Service Commissioned Officers as authorized by law, and for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan and for medical care of 
     dependents and retired personnel under the Dependent's 
     Medical Care Act (10 U.S.C. ch. 55) and for payments pursuant 
     to section 229(b) of the Social Security Act (42 U.S.C. 
     429(b)); at a rate for operations, notwithstanding any other 
     provision of this Act, provided for in the Departments of 
     Labor, Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 1996 (H.R. 2127), as passed the 
     House of Representatives on August 4, 1995;
       All projects and activities of the Federal Bureau of 
     Investigation, Drug Enforcement Administration, Interagency 
     Crime and Drug Enforcement, Federal Prison System, U.S. 
     Attorneys, U.S. Marshals Service, Federal Prisoner Detention, 
     Fees and Expenses of Witnesses, Immigration and 
     Naturalization Service, and the Executive Office for 
     Immigration Review, necessary for the investigation and 
     prosecution of criminal and civil offenses; national 
     security; the apprehension, detention and removal of illegal 
     and criminal aliens; the incarceration, detention, and 
     movement of federal prisoners and detainees; and the 
     protection of the Federal judiciary at a rate for operations, 
     notwithstanding any other provision of this Act, provided for 
     in the conference report and joint explanatory statement of 
     the Committee of Conference (House Report 104-378) on the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1996, (H.R. 2076), 
     as passed by the House of Representatives on December 6, 
     1995;
       All projects and activities of the Judiciary to the extent 
     and in the manner and at a rate for operations, 
     notwithstanding any other provision of this Act, provided for 
     in the conference report and joint explanatory statement of 
     the Committee of Conference (House Report 104-378) on the 
     Department of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1996, (H.R. 2076), 
     as passed by the House of Representatives on December 6, 
     1995;
       All projects and activities necessary to provide for the 
     expenses of State surveys and certifications under the 
     account heading ``Program Management'' under the Health Care 
     Financing Administration in the Department of Health and 
     Human Services;
       Trade adjustment assistance benefits and North American 
     Free Trade Act benefits funded under the account heading 
     ``Federal Unemployment Benefits and Allowances'' under the 
     Employment and Training Administration in the Department of 
     Labor;
       Payments to the Federal Hospital Insurance and the Federal 
     Supplementary Medical Insurance Trust Funds under the account 
     heading ``Payments to Health Care Trust Funds'' under the 
     Health Care Financing Administration in the Department of 
     Health and Human Services;
       All projects and activities necessary to provide for the 
     expenses of Medicare contractors under title XVIII of the 
     Social Security Act under the account heading ``Program 
     Management'' under the Health Care Financing Administration 
     in the Department of Health and Human Services;
       All projects and activities funded under the account 
     heading ``Grants to States for Medicaid'' under the Health 
     Care Financing Administration in the Department of Health and 
     Human Services;
       All projects and activities of the National Institutes of 
     Health in the Department of Health and Human Services at a 
     rate for operations, notwithstanding any other provision of 
     this Act, provided for in the Departments of Labor, Health, 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1996, (H.R. 2127), as passed the House of 
     Representatives on August 4, 1995;
       All projects and activities necessary to carry out the 
     Section 7(a) General Business Loan Guaranty program and the 
     Section 504 Certified Development Company program, as 
     authorized by law, under the Small Business Administration at 
     a rate for operations, notwithstanding any other provision of 
     this Act, provided for in the conference report and joint 
     explanatory statement of the Committee of Conference (House 
     Report 104-378) on the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1996, (H.R. 2076), as passed by the House of 
     Representatives on December 6, 1995;
       All projects and activities funded under the account 
     heading ``Surety Bond Guarantees Revolving Fund'' under the 
     Small Business Administration at a rate for operations, 
     notwithstanding any other provision of this 

[[Page H313]]
     Act, provided for in the conference report and joint explanatory 
     statement of the Committee of Conference (House Report 104-
     378) on the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1996, 
     (H.R. 2076), as passed by the House of Representatives on 
     December 6, 1995;
       All projects and activities necessary to accommodate 
     visitors and to provide for visitors services on the public 
     lands managed by the Bureau of Land Management at a rate for 
     operations, notwithstanding any other provision of this Act, 
     provided for in the conference report and joint explanatory 
     statement of the Committee of Conference (House Report 104-
     402) on the Department of the Interior and Related Agencies 
     Appropriations Act, 1996, (H.R. 1977), as passed by the House 
     of Representatives on December 13, 1995;
       All projects and activities funded under the account 
     heading ``Disease Control, Research, and Training'' under the 
     Centers for Disease Control and Prevention in the Department 
     of Health and Human Services at a rate for operations, 
     notwithstanding any other provision of this Act, not to 
     exceed an annual rate for new obligational authority of 
     $2,114,693,000;
       All Self-Determination and Self-Governance projects and 
     activities of tribes or tribal organizations (as that term is 
     defined in Public Law 93-638) that are authorized by Public 
     Law 93-638 under the account heading ``Operation of Indian 
     Programs'' under the Bureau of Indian Affairs in the 
     Department of the Interior or under the account heading 
     ``Indian Health Services'' under the Indian Health Service in 
     the Department of Health and Human Services at a rate for 
     operations, notwithstanding any other provision of this Act, 
     provided for in the conference report and joint explanatory 
     statement of the Committee of Conference (House Report 104-
     402) on the Department of the Interior and Related Agencies 
     Appropriations Act, 1996, (H.R. 1977), as passed by the House 
     of Representatives on December 13, 1995;
       All projects and activities necessary to provide for the 
     expenses of the Kendall Demonstration Elementary School and 
     the Model Secondary School for the Deaf under the account 
     heading ``Gallaudet University'' in the Department of 
     Education;
       Payments for benefits and interest on advances, together 
     with expenses of operation and administration, under the 
     account heading ``Black Lung Disability Trust Fund'' under 
     the Employment Standards Administration in the Department of 
     Labor; and
       Payments for benefits, together with expenses of operation 
     and administration, under the account heading ``Special 
     Benefits for Disabled Coal Miners'' in the Social Security 
     Administration; Provided, That whenever the amount which 
     would be made available or the authority which would be 
     granted under an Act which included funding for fiscal year 
     1996 for the projects and activities listed in this section 
     is greater than that which would be available or granted 
     under current operations, the pertinent project or activity 
     shall be continued at a rate for operations not exceeding the 
     current rate.
       (b) Whenever the amount which would be made available or 
     the authority which would be granted under the Act which 
     included funding for fiscal year 1996 for the projects and 
     activities listed in this section as passed by the House as 
     of the date of enactment of this Act, is different from that 
     which would be available or granted under such Act as passed 
     by the Senate as of the date of enactment of this Act, the 
     pertinent project or activity shall be continued at a rate 
     for operations not exceeding the current rate or the rate 
     permitted by the action of the House or the Senate, whichever 
     is lower, under the authority and conditions provided in the 
     applicable appropriations Act for the fiscal year 1995.
       (c) Whenever an Act which included funding for fiscal year 
     1996 for the projects and activities listed in this section 
     has been passed by only the House or only the Senate as of 
     the date of enactment of this Act, the pertinent project or 
     activity shall be continued under the appropriation, fund, or 
     authority granted by the one House at a rate for operations 
     not exceeding the current rate or the rate permitted by the 
     action of the one House, whichever is lower, and under the 
     authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1995.
       Sec. 102. Appropriations made by section 101 shall be 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act.
       Sec. 103. No appropriation or funds made available or 
     authority granted pursuant to section 101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were not available 
     during the fiscal year 1995.
       Sec. 104. No provision which is included in the 
     appropriations Act enumerated in section 101 but which was 
     not included in the applicable appropriations Act for fiscal 
     year 1995 and which by its terms is applicable to more than 
     one appropriation, fund, or authority shall be applicable to 
     any appropriation, fund, or authority provided in this Act.
       Sec. 105. Appropriations made and authority granted 
     pursuant to this title of this Act shall cover all 
     obligations or expenditures incurred for any program, 
     project, or activity during the period for which funds or 
     authority for such project or activity are available under 
     this Act.
       Sec. 106. Unless otherwise provided for in this title of 
     this Act or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this title of this Act shall be available until 
     (a) enactment into law of an appropriation for any project or 
     activity provided for in this title of this Act, or (b) the 
     enactment into law of the applicable appropriations Act by 
     both Houses without any provision for such project or 
     activity, or (c) September 30, 1996, whichever first occurs.
       Sec. 107. Expenditures made pursuant to this title of this 
     Act shall be charged to the applicable appropriation, fund, 
     or authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 108. No provision in the appropriations Act for the 
     fiscal year 1996 referred to in section 101 of this Act that 
     makes the availability of any appropriation provided therein 
     dependent upon the enactment of additional authorizing or 
     other legislation shall be effective before the date set 
     forth in section 106(c) of this Act.
       Sec. 109. Appropriations and funds made available by or 
     authority granted pursuant to this title of this Act may be 
     used without regard to the time limitations for submission 
     and approval of apportionments set forth in section 1513 of 
     title 31, United States Code, but nothing herein shall be 
     construed to waive any other provision of law governing the 
     apportionment of funds.
       Sec. 110. For the purposes of this title of this Act, the 
     time covered by this title of this Act shall be considered to 
     have begun on December 16, 1995.

                                TITLE II

     SECTION 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS 
                   SETTLEMENT ACT OF 1994.

       (a) Extension.--Section 112(b) of the Yavapai-Prescott 
     Indian Tribe Water Rights Settlement Act of 1994 (108 Stat. 
     4532) is amended by striking ``December 31, 1995'' and 
     inserting ``June 30, 1996''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as of December 31, 1995, and with the 
     consent of Prescott, Arizona, the contract referred to in 
     such section 112(b) is revived.

     SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT 
                   OF 1992.

       (a) Extension.--Section 3711(b)(1) of the San Carlos Apache 
     Tribe Water Rights Settlement Act of 1992 (title XXXVII of 
     Public Law 102-575) is amended by striking ``December 31, 
     1995'' and inserting ``December 31, 1996''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect as of December 31, 1995.
       (2) Lapsed provisions of law and contracts.--The provisions 
     of subsections (c) and (d) of section 3704, subsections (a) 
     and (b) of section 3705, section 3706, subsections (a)(2), 
     (c), (d), and (f) of section 3707, subsections (b) and (c) of 
     section 3708, and subsections (a), (b), (c), (d), (e), (g), 
     (h), (j), and (l) of section 3710 of such Act, together with 
     each contract entered into pursuant to any such section or 
     subsection (with the consent of the Non-Federal parties 
     thereto), shall be effective on and after the date of 
     enactment of this Act, subject to the December 31, 1966, 
     deadline specified in such section 3711(b)(1), as amended by 
     subsection (a) of this section.

  The SPEAKER pro tempore. The gentleman from California [Mr. Dreier] 
is recognized for 1 hour.
  Mr. DREIER. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Dallas, TX [Mr. Frost], 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all times yielded is for the purpose 
of debate only.
  (Mr. DREIER asked and was given permission to revise and extend his 
remarks and include extraneous material.)
  Mr. DREIER. Mr. Speaker, this rule makes in order the adoption by the 
House of an amendment to the Senate amendment to H.R. 1358, a bill 
relating to the transfer to the Commonwealth of Massachusetts of a 
National Marine Fisheries Service laboratory in Gloucester, MA.
  Mr. Speaker, if there is one thing clear from the events of the past 
weeks it is that this battle to balance the Federal budget is not, I 
repeat is not, Washington business as usual. Never before have portions 
of the Federal Government been shut down for weeks at a time. This is 
uncharted territory.
  Why are we at this point? For the first time since the creation of 
the Federal welfare state in the late 1960's and early 1970's there is 
a majority in the House of Representatives that wants a smaller, not a 
bigger Federal Government. For the first time in a generation there is 
a majority in Congress that is just not willing to accept budget 
deficits that mortgage the future of our children.
  This is new. This change has not worked its way down to the other end 
of Pennsylvania Avenue. The President ran for office promising a 
balanced budget. To this day, he has failed to deliver. The President 
ran for office 

[[Page H314]]
promising a tax cut for middle-income Americans. Instead, he raised 
taxes and vetoed the balanced budget passed by Congress that cut taxes 
on middle-income families with children.
  Mr. Speaker, I must admit that we are surprised by the commitment of 
the President to avoid balancing the budget. We probably should not 
have been surprised. He is clearly the leader of the Party of 
Government. The liberal Democrats built the government that today eats 
up nearly 40 percent of the economic production of our Nation. Even 
more, they extended the reach of Federal Government regulators into 
every corner of our society and our economy.
  They created the regulatory net that is now revealed, during this 
moment of confrontation, to block Ford Motor Co. from releasing a new 
pick-up truck model without the approval of a government agency. It 
means that Disney and Capital Cities ABC cannot conduct a merger in the 
private sector without the Government's OK.
  Mr. Speaker, the Federal Government is not just too expensive. The 
Federal Government is not just mortgaging the future of our children 
with massive deficits. The Federal Government is too big and too 
intrusive.
  The Party of Government is no longer in control of Congress. Now, the 
Party of the People is in control. Therefore, faced with an 
unprecedented budget battle, we are not just going to roll over and 
fund every corner of the Federal behemoth. Instead, we are going to go 
agency by agency, function by function, to try to get the most 
important aspects of the Federal Government working. We do not oppose 
government, but we have a problem with government that is just too big 
and too expensive.
  This rule will move some of the Government programs that enjoy broad 
bipartisan support out of the House and to the Senate. Yes, it is an 
expedited process. However, we have never been in this kind of 
situation before. We have never had a Congress that just said ``no'' to 
the deficit drug. We have also never had a President so committed to 
not balancing the budget. In this situation, we are going to move 
forward with essential items quickly.
  Mr. Speaker, the Party of Government may be mad at this process 
because they do not want to admit that some functions of the Federal 
Government are essential, while some are the product of liberal over-
reaching. However, most Americans know that this is exactly the case.
  I urge my colleagues to support this rule.

                              {time}  2000

  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, earlier today when the House considered H.R. 1634, I 
commented that the proposal presented to the House by the Republican 
leadership resembled nothing more than an elaborate Goldberg 
contraption. The Republicans found all sorts of bells and whistles and 
levers and gears and created some sort of machinery that was intended 
to send some Federal workers back to work.
  Yet, here we are again, Mr. Speaker. This new Rube Goldberg 
contraption adds enough news gears and levers to this morning's 
contraption so that all the bells and whistles will sound a little 
louder and when they ring and chime, it will appear to the American 
people that the Republican majority is indeed acting responsibly and 
really opening the Government. The Republican gizmo passed by the House 
earlier today funded those programs which, while they remained 
unfunded, have caused the Republican majority no end of public 
criticism. This new gimmick just adds to the list--a reelection wish 
list no doubt for many. The new gimmick does not, however, solve the 
problem.
  Mr. Speaker, it is obvious that it does not sit well with the public 
that in order to ensure protection of a tax cut aimed primarily at the 
wealthiest of all Americans, that the Republican majority in Congress 
might be willing to let the Meals on Wheels program run out of money 
and let perhaps thousands of elderly Americans go hungry.
  It is obvious that it does not sit well with the American public to 
see the real crown jewels of this country--our national parks and not 
the tax cuts of the contract--remain closed to visitors all in the name 
of a plan to balance the budget which would salvage environmental 
protection in this country. It does not sit well with American 
businessmen and American tourists who need or want to travel abroad 
that they are unable to obtain passports in order for the Republican 
majority to hold the foreign aid program of this country hostage.
  So, in the face of the drubbing they have been taking from the public 
what have my Republican friends done? They first drew up a continuing 
appropriation which they termed a ``targeted appropriation''. But, now 
it seems that the target was not large enough to satisfy even their own 
Members. And so, Mr. Speaker, now we must consider yet another targeted 
appropriation.
  Yet, Mr. Speaker the House has had plenty of opportunities in the 
past 4 days to clean continuing resolution which would not only allow 
all Federal workers to go back to their desks, but allow them to do 
their jobs. Mr. Speaker, adding a new gear here, or another funnel 
there, is no way to run our Government. What we need to do is pass a 
real clean CR, not the sham resolution we passed just a short while 
ago. Consequently, I will oppose ordering the previous question so that 
the House may have the opportunity to pass appropriations for those 
Government agencies, departments, and programs which were not 
considered vital enough to be included in this new Republican gimmick.
  Mr. Speaker, we are not here to play games, yet this is all the 
Republicans seem to want to do. We are here to do the Nation's 
business, not play a giant game of Monopoly. If we are really serious 
about the Nation's business, why is it necessary for us to consider 
``targeted appropriations'' ad infinitum? Frankly, Mr. Speaker, the old 
business as usual is starting to look pretty good to the American 
people. At least when we had business as usual around here, the 
American people were taken seriously, not treated like game pieces to 
be brought and sold in order to fulfill an ideological agenda.
  Mr. Speaker, it would be so sensible to just pass a clean continuing 
resolution. I do not believe there is a Member of this body who does 
not understand that the balanced budget argument is not about when, but 
about how. And, while the Speaker raises money around this great 
country of ours in the next 3 weeks, instead of staying here in 
Washington to negotiate the how of a balanced budget, let's let the 
Government do its job for the taxpayers of this country. This new 
resolution doesn't finish our job, Mr. Speaker.
  But, the real outrage here, Mr. Speaker, is that there is no 
opportunity afforded the minority to amend this resolution--either by 
amendment or by a motion to recommit. Given the gravity of this 
situation, Mr. Speaker, it is unconscionable that the minority has been 
denied a voice on the floor of the House. It is an outrage that we are 
being treated in this manner. Never, and I mean never, Mr. Speaker, did 
I as a member of the majority ever purposely seek to deny the minority 
any role at all in the legislative process. Yet, that is what is 
happening here tonight. That we have been denied three times today the 
opportunity to offer alternatives to the Republican proposals is a 
disgrace to this institution and to the democratic ideals on which it 
is founded.
  Mr. Speaker, let us stop playing games. Let us stop building 
Republican gimmicks and start fixing the problem. I urge Members to 
oppose the previous question so that we can do our job and go home 
tonight.
  Mr. Speaker, I gave a short speech in which I recited the various 
places the Speaker was going in the next 2 weeks rather than staying 
here to negotiate with the President, and I have had a number of 
questions about that since I made those remarks, and I would like to 
provide some additional details, if I may, why the Speaker will not be 
here negotiating with the President and why we need a continuing 
resolution.
  On January 9, the Speaker will go to Colorado Springs, CO, for a 7 
p.m. reception and dinner in the Colorado Hall, the Broadmoor Hotel, 
$150 to get in; January 9, Bloomington, MN, at 4 p.m., there will be a 
reception at the Radisson South Hotel in Bloomington. Sponsors are 
charged $50,000; if you pay 

[[Page H315]]
$10,000, you get to go to the reception and have the opportunity to 
speak with the Speaker; if you pay $1,000, get general admission; if 
you pay $500, you get to sit in another room and watch the whole thing 
on television, and if you pay $100, you get to go to a rally 
afterwards.
  Mr. SOLOMON. Regular order. What has this to do with the bill?
  Mr. FROST. It has everything to do with the need for a continuing 
resolution. The Speaker is not going to be here to negotiate.
  The SPEAKER pro tempore (Mr. Emerson). The gentleman will suspend. 
The House will be in order. The gentleman from Texas [Mr. Frost] is 
recognized.
  Mr. FROST. Mr. Speaker, January 10, the Speaker will go to Boise, ID, 
to the convention center at $1,000 a couple, and they get a picture, 
$100 general admission. Also, January 10, the Speaker will go to 
Seattle, WA, 7 p.m. reception, 8 p.m. dinner, Weston Hotel, $1,000 
includes dinner and reception, $250, just dinner.
  January 11, the Speaker will go to Napa, CA, 11 a.m., luncheon at the 
Silverado Country Club, $200 per person; January 11, Bakersfield, CA, 8 
p.m. dinner, Civic Auditorium, sponsor, $1,000, host, $500, table seat 
at dinner, $25, seat with buffet dinner, $15; January 12, Walnut Creek, 
CA, 7:30 a.m., breakfast at the Civic Arts Center, $250; January 15, 
Dallas, TX, the city I represent, Prestonwood Country Club reception, 5 
to 6:30, dinner for $10,000 for a sponsor; January 16, Dearborn, MI, 
$10,000 a person, private fireside reception and a picture with the 
Speaker, $1,000 per person just for the reception; January 17, 
Evansville, IN, Convention Center Gold Room, 7:30 a.m., breakfast $125, 
$1,000 for a picture with the Speaker; January 17, Fort Wayne, IN, $100 
event; January 19, Memphis, TN, luncheon, $1,000 for a picture with the 
Speaker, $500 to attend.
  Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin [Mr. 
Obey], the distinguished ranking member of the Committee on 
Appropriations.
  Mr. OBEY. Mr. Speaker, I have served in this House a good many years. 
I am proud of that fact.
  But I am absolutely appalled and chagrined at the incredible abuse of 
the legislative process which is occurring here tonight. This is, I 
think, perhaps the most destructive action I have ever seen any Members 
of this institution take.
  We are supposed to cast informed votes. There is no Member of this 
House, including the main sponsor of this proposal, who can tell you 
what it is you are going to be voting on tonight.
  What has happened is that, in my view, I have never seen more 
irresponsible, more reckless, more anarchic conduct than I have seen 
displayed on this proposal.
  Eight hours ago you rammed through this House a proposal which 
partially opened the Government so that taxpayers could get at least 
some of the services for which they have already paid. Then the phones 
started ringing. Member ``X,'' Member ``Y'' and Member ``Z'' said, 
``Man, I am getting heat. You didn't cover this program. You didn't 
cover that program. You didn't cover that program.'' So you started 
putting together a laundry list of proposals to fix what it is you did 
just 8 hours ago.
  Now, that laundry list has grown into a phone book, and you are 
taking a whole list of programs and you are providing for some funding 
levels for them, I guess mostly at the conference level, but there is 
not a single Member here who has any table showing what program level 
or what programs will be funded at what levels. We cannot compare them 
to conference, to the House-passed bill, the Senate-passed bill. We 
cannot compare them to last year or to the Administration request.
  We have no idea what programs are being left out, and yet you are 
going to vote for this turkey so you can go home. That is, in my view, 
an incredibly destructive act for which I think we all ought to be 
ashamed.
  I wonder how many Members of this House know, for instance, that the 
abortion limitations which we had in the bills this year are being 
removed under this proposal? I wonder; yes, they are; oh, yes, they 
are. If you do not believe me, check. . .Well, you had better check 
again.
  Then let me suggest, I wonder how many of you know that there will be 
no funding whatsoever for Israel under this proposal come January.
  There will be no funds allowed. I wonder how many of you understand 
what is happening to foster care activities for children, for food and 
other contractor-provided services at the Indian Health Service, for 
300 Head Start grants around the country, for contract payments for 
NASA operations, for EPA Superfund cleanup activities, for FEMA 
disaster relief payments, Community Development block grant funds. 
Veterans benefits for claims filed after December 15, 1995 will not be 
processed under this proposal. You are going to discriminate between 
veterans who were on the rolls before December 15 and those who were 
not.

                              {time}  2015

  So I think this is an absolute joke. So what we are going to do is to 
ask, since we were not even allowed the courtesy of proposing an 
alternative, what I am simply going to ask Members of the House to do 
is to oppose the previous question so that we can at least pay for 
programs which are not covered by this package, at least provide 
funding levels at 90 percent of last year's level, so that when you go 
home, you do not have to explain why you left programs A, B, Y, J, and 
Q off the list, and why you funded the others.
  I do not even vouch for the wisdom of doing that, because I cannot 
vouch for the wisdom of continuing the funding levels for the programs 
designated in this bill at the levels at which they are designated. But 
because we have had no opportunity to look at that, we have no choice 
but to accept that sight unseen. But I would urge you, if you have any 
respect at all for this House, to insist on defeating the previous 
question on the rule so we can provide some degree of rationality to 
this process tonight.
  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is a sad commentary that our colleagues who represent 
the party of government cannot realize that some programs of the 
Federal Government are essential and many are nonessential, and we are 
moving ahead with the essential ones.
  Mr. Speaker, I yield such time as he may consume to the shy and 
retiring gentleman from Metairie, LA [Mr. Livingston], the chairman of 
the Committee on Appropriations.
  (Mr. LIVINGSTON asked and was given permission to revise and extend 
his remarks.)
  Mr. LIVINGSTON. Mr. Speaker, I thank my friend from California for 
yielding time to me.
  Mr. Speaker, I was going to lead off with a travelogue of the 
President of the United States, but I think no one might have cared. 
Then, second, I was going to give a travelogue of the Secretary of 
Energy and realized we did not have time. So I thought that it was 
important to discuss this bill and not anybody else's travelogues.
  Mr. Speaker, it is important also to understand that throughout this 
very long first year of this change in direction of government for the 
first time in 60 years, we have passed seven appropriations bills, 
which encompass about two-thirds of the funding of all government 
activities. The remaining one-third of the funding of government 
activities are covered by the remaining 6 appropriations bills. Three 
of them were vetoed by the President and three of them, admittedly, 
have not made their way through the processes. It is unfortunate, but 
they are working their way through.
  Along the way, while we were all discussing the appropriations bills, 
we forgot one thing: The House and the Senate and the President of the 
United States came to an agreement that we should stop doing business 
as usual as we have for 60 years, increasing spending, regulation, 
taxing, big government, and centralization of government in Washington. 
We agreed that we should reverse the tide, and put this country 
strongly on a footing toward a balanced budget between now and the year 
2002, as scored by the Congressional Budget Office.
  Mr. Speaker, the President of the United States agreed to that by 
virtue of the joint resolution we passed on November 20. But 
unfortunately, while we put our balanced budget plan on the table and 
passed it through the House and Senate, one that did really get the 

[[Page H316]]
country on even footing, the President has never presented his. He has 
promised it, but he has never done it.
  That is what brings us here today, Mr. Speaker. Yes, the remaining 
one-third of government has not been adequately funded. Yes, this is a 
piecemeal process that causes us to pick and choose certain items and 
rush them through without dealing with the rest of the process. It is 
unfortunate.
  But we have begun. We have begun to tell the President of the United 
States that business as usual, that promising the people everything and 
delivering absolutely nothing, is over, absolutely over. And, yes, it 
was unfortunate many Federal employees were held out of work and those 
that worked did not get paid, but we resolved that today. We put 
Federal employees back to work. We paid them for their lost pay, and we 
are going to pay them prospectively through January 26.

   Mr. Speaker, we also passed targeted appropriations for several 
activities, including Meals on Wheels and child welfare, veterans 
benefits, and others. Then we followed up that bill with another bill 
that was reported out of the Committee on Rules. The gentleman from New 
York [Mr. Solomon], the distinguished chairman of the Committee on 
Rules, and the gentleman from California [Mr. Dreier], and all of the 
other members of the Committee on Rules, reported to this floor just a 
few hours ago which has passed a bill that says to the President of the 
United States, Mr. President, if you fulfill your promise to give us 
that balanced budget that you have been promising for so long but never 
delivered, we will put Government back to work in its entirety, in its 
entirety, through January 26, and by that time we will get all the rest 
of it done.
  But he has not yet done it. There is a trigger. That bill is very, 
very important, because it almost makes, at least for the next few 
weeks, what we are about to do here superfluous.
  But, we are saying in this bill we will here take a number activities 
in other bills not yet enacted, a number of other functions of 
government that have not yet been funded, that are vital and critical 
to the United States of America, and add them with the earlier targeted 
list passed earlier this morning, so that they will be funded 
throughout the rest of this fiscal year.
   Mr. Speaker, I have to ask the House's indulgence, because I want to 
make sure that everyone knows. The activities in this bill include 
funding for the black lung program; the Medicare contract employees 
program; Medicare claims processing; surveys of certification for 
nursing homes; Medicaid payments to States; funding for Gallaudet, 
elementary and secondary schools; National Institutes of Health; 
Centers for Disease Control; retirement pay for Public Health Service 
commissioned officers, and trade adjustment benefits.
  Now, all of those items fall within the Labor-HHS bill. There has 
been criticism because that bill has not gotten all the way through 
Congress. But, Mr. Speaker, let me remind you, at the risk of being 
held out of order, that the other body, led by the Democrats in the 
other body, the minority party, has filibustered that bill. This House 
passed that bill in early August of this last year. That bill got 
filibustered and is filibustered to this very day by the Democrats in 
the Senate. It is being held hostage. All of the great programs funded 
under that bill are being held hostage. So it is incumbent upon us to 
come forward and say there are important programs in that bill that are 
not funded, and we will fund them.

  At what level, the gentleman says? He says he does not know at what 
level. I will tell the gentleman. On NIH it is funded at the House-
passed bill level. This is the same for the retirement pay for Public 
Health Service officers. On all the rest, it is the lower of the amount 
in the House-passed bill or the last year's bill whichever is lower.
  This bill also provides funding, because they are important programs, 
for the Bureau of Indian Affairs tribal organization contracts, Bureau 
of Land Management visitor services on public lands, the Peace Corps, 
the State Department diplomatic security efforts abroad, parts of the 
Small Business Administration financing, the Federal Housing 
Administration loan processing, the FEMA emergency food and shelter 
programs, the Department of Justice Federal employee crime programs, 
all of the these crime programs, including those done by the FBI, the 
DEA, the Bureau of Prisons, U.S. Attorneys and Marshalls Service and 
Organized Crime and Drug Enforcement programs, as well as most of the 
Department of Justice itself, including the support of prisoners, fees 
and expenses of witnesses, Immigration and Naturalization Service, and 
Executive Office for Immigration Review. It also provides funding for 
the Judiciary, the courts. So we know what these targeted functions 
are.
  Is this an exclusive list? Is this all there is going to be? Of 
course not. But what this says is there will be a new day, Mr. 
President. It is telling the President of the United States that no 
longer will we continue to accept the status quo. We will no longer 
continue to fund the bureaucracy as he protects it.
  We will start picking and choosing those programs which are important 
to the American people, and we will fund them. But anything else that 
is left on the table, if it is important, we will get to it. If it is 
not important, it might never be funded at all.
  Now, Mr. Speaker, I have to tell you this is certainly a 
revolutionary thought and a revolutionary approach to government that 
has never existed in the last 60 years, but it is an important change 
for the American people.
  It is important for the American people to understand, Mr. Speaker, 
that we are not tolerating what the President so vehemently wants to 
protect, which is the status quo, big government bureaucracy, high 
taxes, and the ability to manipulate people all over America and ask 
them to pay for that manipulation.
  We are changing the course of America with this bill, Mr. Speaker, 
and I urge the adoption of this resolution.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from 
Mississippi [Mr. Taylor].
  Mr. TAYLOR of Mississippi. Mr. Speaker, I would like to point out to 
my friend and colleague from my neighboring district that as scored in 
real numbers by the CBO, the budget introduced by the gentleman from 
Ohio [Mr. Kasich] increases the annual operating deficit of this 
country to $270 billion. If we are really serious about reducing the 
annual operating deficit, bring the coalition budget, which would save 
this Nation $33 billion over your budget in the first 2 years, and $53 
billion over your budget in the first 3 years, to the floor for a vote.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from 
Wisconsin [Mr. Obey].
  Mr. OBEY. Mr. Speaker, I just want to correct one statement made by 
my good friend from Louisiana. The Labor-HHS bill in the Senate has not 
been subject to a filibuster. In fact, it has never been brought up on 
the floor. It has never been debated on the floor. There were numerous 
unanimous-consent requests made to bring that bill up, which were 
objected to by Members of both parties.
  The real reason it has taken so long to move that bill is because 
that bill was so extreme in nature when it left the House that Members 
of both parties in the other body were so embarrassed by it they did 
not want to touch it with a 10-foot pole.
  Mr. DREIER. Mr. Speaker, I yield 3 minutes to my friend, the 
gentleman from Wilmette, IL [Mr. Porter], the chairman of the 
Subcommittee on Labor, Health and Human Services, and Education.
  (Mr. PORTER asked and was given permission to revise and extend his 
remarks.)
  Mr. PORTER. Mr. Speaker, one of the highest priorities for funding 
for our Federal Government is biomedical research carried out by the 
National Institutes of Health. The basic research conducted with NIH 
grants at academic and research institutions all across this country 
are the envy of the entire world. We are the world's leader in basic 
research.
  The basic research supports the biotechnology and pharmaceutical 
industries of our country, which also lead the world. They mean 
economic growth, high-technology, well-paying jobs, and a favorable 
balance of trade. The basic research can only be done by government, 
because there is no immediate profit motive involved. The result of 
this research is longer and better lives for the American people and 
for all the people of this world.

[[Page H317]]

   Mr. Speaker, the funding for NIH for the entire fiscal year is 
included in this resolution, and the funding that passed by the House 
of Representatives at the end of July. The House passed level 
represents a 5.7-percent increase over the last fiscal year. This level 
is in this resolution.
  In addition, there is funding for the Centers for Disease Control and 
Prevention. That means funding for childhood vaccinations, for 
infectious disease prevention, and for breast and cervical cancer 
screening, at a level, I might say, Mr. Speaker, higher than last 
year's level.
  Regarding NIH, we have left all matters other than the overall 
funding level for NIH to be resolved through negotiations with the 
Senate. The Speaker has been very, very strongly supportive of the 
increase for NIH at almost 6 percent and for the funding for CDC.
  I would commend this bill to the Members of the House, I would 
commend it to the Senate and hope they pass it as well, and that the 
President adds his signature. It funds many important priorities for 
our country.
   Mr. Speaker, I submit the following chart for the Record.

               Centers for Disease Control and Prevention

                       [In thousands of dollars]

                                                            2d targeted
                                                     appropriation bill
Preventive Health Services Block Grant..........................145,418
Prevention Centers................................................8,099
  Childhood immunization........................................470,497
  AIDS..........................................................589,962
  Tuberculosis..................................................119,582
  Sexually Transmitted Diseases.................................108,242
  Chronic and Environmental Disease Prevention..................147,439
  Breast and Cervical Cancer Screening..........................125,000
Infectious Disease...............................................65,057
Lead Poisoning Prevention........................................36,409
Injury Control...................................................43,679
NIOSH...........................................................133,859
Epidemic Services................................................73,325
                                                               ==========
_______________________________________________________________________

National Center for Health Statistics:
  Program Operations.............................................40,063
  1% evaluation funds (NA).......................................40,063
                                                             __________

      Subtotal: Health Statistics................................80,126
Buildings and Facilities..........................................4,353
Program Management................................................3,067
Undistributed administrative reduction.........................(31,000)
                                                             __________

      Subtotal: Centers for Disease Control...................2,083,051
                                                               ==========
_______________________________________________________________________

Crime Bill Activities:
  Rape Prevention and Education..................................28,542
  Domestic Violence Community Demonstrations......................3,000
  Crime Victim Study................................................100
                                                             __________

      Subtotal: Crime Bill activities............................31,642
                                                               ==========
_______________________________________________________________________

      Total: Disease Control..................................2,114,693

                              {time}  2030

  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
[Mr. Coleman].
  Mr. COLEMAN. Mr. Speaker, I thank the gentleman for yielding time to 
me, and my question really would go to the chairman of the Subcommittee 
on Commerce, Justice, State, and Judiciary of the Committee on 
Appropriations. My concern is that we have heard a number of reports 
about our prison system, indeed the Federal correctional facility in my 
congressional district.
  Inquiry was made concerning the ability of providing food to 
prisoners, which, of course, is of great concern to many of the men and 
women who work for us in the Federal prison system, and particularly 
because it may, indeed, be one of those contracted-out types of 
situations.
  I am not sure of that specifically in my district, but I would 
inquire, if I could, of the chairman from Kentucky if he has any 
insight with respect to the prison system.
  Mr. ROGERS. Mr. Speaker, will the gentleman yield?
  Mr. COLEMAN. I yield to the gentleman from Kentucky.
  Mr. ROGERS. Mr. Speaker, I would tell the gentleman that the 
legislation provides for the payment of all activities related to the 
Federal prisons. So if it is a contracted-out supplier of food, that 
will be paid. If it is done by employees of the Bureau of Prisons, that 
would be paid. So it taken care of in this legislation.
  Mr. COLEMAN. In this particular CR?
  Mr. ROGERS. Yes.
  Mr. COLEMAN. Mr. Speaker, I thank the gentleman very much for his 
time.
  Mr. DREIER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Kentucky [Mr. Rogers], my friend and Chairman of the Subcommittee on 
Commerce, State, Justice and Judiciary.
  Mr. ROGERS. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, as the gentleman from Louisiana [Mr. Livingston] has 
pointed out, this resolution says, in effect, there are certain things 
that we need to fund irrespective of whatever else happens in the fight 
with the White House on a balanced budget.
  We are saying in this resolution the fight against crime and the 
fight against illegal immigration are above and beyond the political 
debate that is going on in balancing the budget. So consequently, in 
this bill there is complete funding for the fight against crime at the 
conference level of the appropriations bill that has passed the House 
and Senate conference and gone to the White House and been vetoed.
  Those activities that are funded in this bill at the full level for 
the rest of the year include:
  Funding for all activities of the Federal judiciary. We simply cannot 
let the courts lapse. We have to pay them.
  Funding for the law enforcement agencies at Justice, for the 
following purposes: investigation and prosecution of criminal and civil 
offenses; national security; apprehension, detention, and removal of 
illegal and criminal aliens; the incarceration, detention, and movement 
of Federal prisoners and detainees; and the protection of the Federal 
judiciary. The law enforcement agencies funded at the conference level 
include the FBI, the Drug Enforcement Administration, Federal prisons 
and prisoner detention, U.S. attorneys, U.S. marshals, and prisoner 
detention, U.S. attorneys, U.S. marshals, and the Immigration and 
Naturalization Service, including the Border Patrol.
  Finally, funding to provide security of our embassies and our 
diplomatic missions overseas and of the facilities there, to protect 
our people overseas.
  I think we can all agree on both sides of the aisle we need to fund 
these activities irrespective of any other fights that we have. I would 
hope that we would have unanimity in support of this portion of the 
bill, which, by the way, is a significant portion of the entire bill.
  Mr. FROST. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from 
North Carolina [Mr. Hefner].
  (Mr. HEFNER asked and was given permission to revise and extend his 
remarks.)
  Mr. HEFNER. Mr. Speaker, somebody said that everything had been said 
but everybody has not said it yet. I just could not let this pass 
without a couple of comments, especially to my distinguished leader of 
the Committee on Appropriations, talking about how terrible it was that 
that old terrible Senate would get over there and filibuster a bill.
  One of the Presidential candidates that is out there running is 
bragging about how last year he spent a whole year killing the 
President's heath care plan, and a lot of that so-called health care 
plan is in the Republican budget.
  When we are being told in the negotiations, and I just watched on 
television when the chairman of the Republican Committee on the Budget 
said he would like to work with Democrats and come up with maybe 100 
Democrats and 100 or so Republicans and put together a budget, and then 
the majority leader on the House floor says we do not have to negotiate 
with the Senate, we do not have to negotiate with the White House, we 
do not even have to negotiate with the Democrats. We can handle this 
thing because we are running this place.
  And my colleagues on the other side talk about a President that is 
not cooperating with trying to put together a budget?

  The gentleman from California, he said we are trying to do the things 
for the people of this country, and the thing that we are so concerned 
about is the average people of this country, the people that have to 
depend on some government services for their existence, the senior 
citizens. Gentlemen, your record is not real good when the majority 
leader in the Senate, Senator 

[[Page H318]]
Dole, was bragging that 35 years ago he was fighting tooth and nail to 
kill Medicare. The Speaker of the House, Mr. Gingrich, says I hope that 
Medicare withers and dies on the vine. The new majority's record is not 
good.
  The very first budget that Ronald Reagan sent to this House, that 
David Stockman brought to this House, called for eliminating the $125 
minimum Social Security payment to the oldest, sickest senior citizens 
in this country, and that is a fact.
  So the Republicans' record is not good on doing programs for our 
senior citizens, for Social Security. They never have supported the 
education for the loans for our students. Their record is not good. So 
when we talk about things that we are negotiating for budgets, the 
President is concerned about the overall welfare of the American 
citizen. I would not blame him for caving in.
  We are standing for the average working American. We stand for the 
senior citizens, the Social Security recipients, the students, and the 
people that have to have some assistance from their Federal Government.
  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume to 
say that it is a sad commentary that my friends in the party of 
government view the average American as being dependent on government.
  Mr. Speaker, I yield 1 minute to the gentleman from Scottsdale, AZ 
[Mr. Hayworth].
  Mr. HAYWORTH. Mr. Speaker, I thank my friend from California for 
yielding time to me.
  I listened again with great interest to my good friend from North 
Carolina, whom I enjoyed many times on television with his beautiful 
singing voice. But tonight, here in the well of the House, he is 
singing a bit off key, especially when he quoted the Speaker of the 
House and some statement about withering on the vine. Once again, the 
complete record shows that the Speaker was talking about the Health 
Care Financing Administration, not the Medicare Program. I will be 
happy to supply the gentleman with the complete quote.
  But moving on to the broader context, since our friends on the other 
side talk so much about reinventing government, we will borrow that 
phrase and say we are going to reinvent government right here and right 
now, not with a Rube-Goldbergesque contraption but with simple 
commonsense funding of necessary programs.
  Mr. Speaker, I want to go on record thanking the chairman of the 
Committee on Appropriations for recognizing the needs of native 
Americans and taking care of projects that both parties concur are 
important. So, once again, amidst some of the ying and yang that takes 
place here on the floor, I hope that we can have give and take and calm 
minds and calm voices may prevail and we can enact these programs.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York [Mr. Nadler].
  Mr. NADLER. Mr. Speaker, I am glad that this is before us. I wish we 
had a full continuing resolution so that the President and the Speaker 
and the majority leader and minority leader could have their 
negotiations and come up with a balanced budget in 7 years with CBO, 
which everybody has agreed to, while the Government continued doing its 
functions. But, no, we are only doing this through this continuing 
resolution for certain activities which are more important than others.
  Well, the Republican Party, Mr. Speaker, is showing us what it 
considers unimportant. The environment. We are not touching the EPA. 
Their employees are funded through January 26. So we are saying, 
despite all the hypocrisy, they do not care about the environment, 
about clean water, clean air.
  Superfund. It is not included here. It is not as important as trade 
adjustment benefits, for example. OSHA. Fifty thousand working people 
in this country die or are severely injured in industrial accidents 
every year. In 13 States OSHA programs are done by contract. Nothing 
here for them, for those 13 States, because we do not care, obviously. 
It is not that important. It is one of those things that is not 
important that the gentleman from Louisiana [Mr. Livingston] refers to, 
about whether working people have a safe working environment.
  On page 3 of the rule we have the authority to process single-family 
mortgage loans. Single family is written in because somebody thought, 
obviously, single-family homes are important but multifamily homes that 
we have in our cities, garden apartments, apartment buildings, that is 
not important because people living in cities, who might vote 
Democratic, maybe, on average, live in multifamily homes.
  So let us be hypocritical, we will fund our single-family homes and 
not their apartment buildings and garden apartments. That is not 
important. That is political.
  Mr. Speaker, what shows the total hypocrisy of this is that the other 
CR we passed a little while ago that says if the President proposes a 
budget satisfactory to the majority party, we will have a CR for 2 
weeks.
  Mr. DRIER. Mr. Speaker, I yield 1 minute and 30 seconds to the 
gentlewoman from Overland Park, KS [Mrs. Meyers], chair of the Small 
Business Committee.
  Mrs. MEYERS of Kansas. Mr. Speaker, I thank the gentleman for 
yielding time to me.
  Mr. Speaker, I rise in support of this resolution, and ask unanimous 
consent to revise and extend my remarks.
  Mr. Speaker, I support this resolution and I urge my colleagues who 
are concerned about the impact of the partial government shutdown on 
small business to support it. This resolution contains important 
language which will allow the Small Business Administration's two major 
loan guarantee programs to resume. The 7(a) and 504 loan programs are 
vital to meeting the long-term capital needs of small business in this 
country.
  Since the President vetoed the Commerce, Justice, State 
appropriations bill, loan applications have been ``sitting in the 
pipeline,'' many approved, but not funded. The SBA doesn't directly 
fund these loans, but they can't even provide the guarantee so that 
private banks can make the loans. These loans translate into start-ups, 
small business expansion, and job creation.
  Mr. Speaker, the 7(a) and 504 loan guarantee programs are two of the 
few things the government provides that are helpful to small business. 
I am very pleased that small business long-term capital needs will be 
restored under this resolution, and I urge its adoption.
  Mr. FROST. Mr. Speaker, could I inquire of the time remaining on each 
side?
  The SPEAKER pro tempore (Mr. Emerson). The gentleman from Texas [Mr. 
Frost] has 9\1/2\ minutes remaining, and the gentleman from California 
[Mr. Dreier] has 9\1/2\ minutes remaining.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from North 
Carolina [Mr. Watt].
  Mr. WATT of North Carolina. Mr. Speaker, I was elected to this body 
in 1992, and I was told that I would be serving with some of the most 
committed and brilliant people in America working for the interest of 
our country. I have been on the losing end of a lot of votes since I 
have been in this body, but this is the very first day I have ever been 
in this body where I have been absolutely embarrassed.
  This is no way to run a government. The Republicans gave us one-tenth 
of a loaf this morning. My mama always said take one-tenth rather than 
nothing. That is fine. They gave us two-tenths today. They gave us 
Meals on Wheels this morning, now they are giving us the wheels to 
serve those meals tonight.
  Next week they will be back with a whole new list of items. This is 
no way to run a government and the American people will ask the 
Republicans to answer to them for it.

                              {time}  2045

  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would say to my friend that the way to run the 
government is to balance the Federal budget.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Huntington 
Beach, California [Mr. Rohrabacher], my dear friend and our surfer.
  Mr. ROHRABACHER. Mr. Speaker, I do not think there is any doubt about 
it. We all agree that this is no way to run a government. The way to 
run a government is to set forth a plan, say this is our plan for 
government, and then negotiate with someone who disagrees and find an 
area of compromise. 

[[Page H319]]
That is what the Founding Fathers had in mind. The reason it is not 
working right now is that the President of the United States has not 
done his job.
  We have done our job over here; he has not done his job over there. 
That is why this is not any way to run a government. That is why 
everything is messed up, seems to be going in circles, and things are 
not working now. He has not done his job.
  Our Founding Fathers thought the President of the United States would 
do his job because he would be responsible. Instead, we have a 
President that continues to promise everything to everybody because he 
must love everybody, because he is promising everything to everybody.
  Mr. Speaker, I am trying to suggest today that I think the American 
people can see through that. They know if the President is unwilling to 
prioritize in the budget, that when he tells them that he is on 
their side when he is opposed to something in the Republican budget, he 
may not be telling the truth because he is unwilling to put his ideas 
forth as juxtaposed against other spending ideas.

  Mr. Speaker, we are this close, we are this close, at any moment, to 
making the system work. All it means is that the President of the 
United States has to reach out and say, ``I have decided to do my part 
of the job,'' and then things would be working. All of the criticism 
that my colleagues on the other side of the aisle have not aimed at us, 
although they try to make it seem like it is aimed at us. It is aimed 
at the President of the United States, who has not done his job.
  Mr. Speaker, I believe that the American people, when they sit there 
hearing him criticize our budget, are too smart to be taken in thinking 
that he cares about them. If he cared about the American people, he 
would present us his budget and the American people understand that.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey [Mr. Pallone].
  Mr. PALLONE. Mr. Speaker, I wanted to follow up on what the gentleman 
from New York [Mr. Nadler] said before. I listened to what the 
gentleman from Louisiana [Mr. Livingston], the chairman, said about how 
we are picking and choosing items here tonight. Then I listened to what 
the gentleman from California said about how we are not going to deal 
with regulatory issues; that perhaps they are not essential; we are 
only dealing with the essential issues here tonight.
  Mr. Speaker, it is abundantly clear that the list does not include 
any Federal Agency that deals with quality of life issues, whether it 
is the environment, whether it is safety, whether it is consumer 
protection. All those things are completely eliminated and they are not 
going to be funded, and the people are going to be sitting in their 
offices in the EPA and not doing a thing.
  Mr. Speaker, I know that it was said before that we are only going to 
deal with the issues that both sides can agree on, so I suppose that 
means that the Republican party, or at least the Republican leadership, 
does not care about the EPA; does not care about consumer protection; 
does not care about OSHA; does not care for a very simple reason, I 
believe, which is that basically the corporate interests here are going 
to have a field day.
  Mr. Speaker, the polluters are going to be out there polluting and 
the people in the corporations that do not want to take care of worker 
safety, they are not going to have to worry about it. Those out there 
who do not care about the consumers are not going to have to worry 
about it. It is special interests. Nothing is being done to go after 
the corporations and the special interests and the polluters. They will 
remain unregulated. They will be able to ply their trade and we are not 
going to include any money to go ahead and deal with those enforcement 
and those investigation issues that affect the quality of life of many 
Americans.
  Mr. Speaker, I am glad that the Republican leadership has finally 
revealed itself and what it is all about in the quality of life issues.
  Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume to 
respond to my friend.
  Mr. Speaker, the fact of the matter is we sent to the President the 
appropriations bill that deals with every single one of those items, 
and what did the President do? He vetoed it.
  Mr. Speaker, I yield 3 minutes to the gentleman from California [Mr. 
Bono] who has become most prominent as the mayor of Palm Springs.
  (Mr. BONO asked and was given permission to revise and extend his 
remarks.)
  Mr. BONO. Mr. Speaker, one thing that is terribly interesting to me 
since I have come here is debates. I am fascinated by them. When I 
watch them, I want to pull everybody back over and say, ``Wait, the 
issue was over here. Now it gets all over there, and the basic point is 
gone. The basic point is what we are talking about. And the reason I am 
a Republican, my father is a Democrat, my mom was a Democrat, I was 
raised a Democrat, the reason I am a Republican is because I like the 
idea that your word is important. I like that.
  This is how our party operates. So, I know that if I shake hands with 
the gentleman from California [Mr. Dreier] I have got a deal on 
whatever we shook hands on. I know if I shake hands with the gentleman 
from Louisiana [Mr. Livingston] we have cut a deal. However, I do not 
think that exists totally in this entire body.
  What we did was we went to the President, this is why we are 
fighting. We went to the President and the President said, all right, I 
have got a deal for you. I will consent to a budget in 7 years, scored 
by CBO. He got a deal. And by a certain date. Then the date came up and 
he said, just kidding. Just kidding. And then they say, we want a clean 
CBO. I hate to be a bad guy when somebody just kicked me in the head, 
and then say ``you rat.'' And I feel like I have been kicked in the 
head. Just kidding. I mean, would you tell your kids, ``Kids, Santa 
said I am going to get it for you,'' and then there is nothing under 
the tree? And then Christmas comes and there is nothing there and you 
say, ``Kids, just kidding. Santa Claus was kidding around when he told 
you that.''
  It does not happen. There is a word, and that is why I belong to this 
party. The whole issue here is because we got duped, and so we do not 
want to get duped again. So we have our guard up.
  Now they are saying we did not fund this, we did not fund that, we 
did not do this, we did not do that. No, we cannot. There is no trust 
now to operate that way any longer.
  Mr. Speaker, if the President will stop kidding, I think we would get 
along very well. I hope some day he stops.
  Mr. WATT of North Carolina. Mr. Speaker, will the gentleman yield?
  Mr. BONO. I yield to the gentleman from North Carolina.
  Mr. WATT of North Carolina. Mr. Speaker, I just want the gentleman to 
know that there are a lot of people on this side who agree that you 
have been kicked in the head.
  Mr. BONO. Thank you. Thank you. I suppose I am supposed to be 
insulted, but by the gentleman from North Carolina [Mr. Watt] I am not.
  Let me further say one more thing. The Speaker never, I wish I could 
count the times you said the Speaker said let Medicare wither on the 
vine. He never said let Medicare wither on the vine. That is not true.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Arkansas [Mrs. Lincoln].
  (Mrs. LINCOLN asked and was given permission to revise and extend her 
remarks.)
  Mrs. LINCOLN. Mr. Speaker, the gentleman from California was not here 
in the last session, and quite frankly I agree with my colleague, the 
gentleman from Massachusetts [Mr. Markey]. But in Arkansas we say, if 
it looks like a duck and it walks like a duck, it must be a duck.
  The fact is this is business as usual. We are passing something in 
the dead of the night with everything but the kitchen sink in it, which 
helps on target shots, special people's interest. That is not the 
changes that the American people are wanting to see.
  With all due respect to the gentleman from Kentucky, the chairman of 
the Subcommittee on Commerce, Justice, State, and Judiciary, this is 
about balancing the budget, but there is a right way and a wrong way to 
do everything. The fact is in this package you have got, you are 
spending $10 million more to locate Border Patrol 

[[Page H320]]
training facilities that are going to slow up from 6 months to a year 
those Border patrol agents that could be out there protecting our 
border States. It is business as usual, and it is a sad day for the 
American people.
  Mr. DREIER. Mr. Speaker, I yield 1 minute to the gentleman from 
Albuquerque, NM [Mr. Schiff], the chairman of the Subcommittee on Basic 
Research.
  Mr. SCHIFF. Mr. Speaker, two of our Democratic colleagues in a row 
said they do not like the priority with which the appropriations is 
being presented here this evening. I want to say that the President of 
the United States has it in his power as a result of our previous vote 
to open up the entire Government by doing just one thing, offering his 
version of a balanced budget. That is all he has to do.
  Mr. Speaker, I have to respectfully correct one of my Democratic 
colleagues who said we were requesting that the President present a 
budget acceptable to us. That is not true. We are requesting that the 
President abide by the agreement he made with Congress, which is to 
present a budget which is balanced within 7 years using the economic 
projections of the Congressional Budget Office.
  After that, the President can establish the spending priorities any 
way he chooses. After that the President can set any tax policy that he 
chooses; less taxes, no taxes, no change in the Tax Code. If the 
President would just do what he agreed to do in November, all of the 
agencies discussed on the other side will be opened.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Missouri [Mr. Volkmer].
  Mr. VOLKMER. Mr. Speaker, as one who has prided himself for all my 19 
years here of having what I consider a 100-percent pro-life record, I 
am dismayed and amazed that the gentleman from Louisiana [Mr. 
Livingston] would bring to this floor a bill that will permit and 
require States, under present court decisions, to fund Medicaid 
abortions. That is what this bill does for all of 1996, for rape, 
incest, and life of the mother. This is a pro-abortion bill.
  Mr. LIVINGSTON. Mr. Speaker, will the gentleman yield?
  Mr. VOLKMER. I yield to the gentleman from Louisiana.
  Mr. LIVINGSTON. Mr. Speaker, it is simply not true. It funds Medicaid 
under the same terms and conditions that existed last year, and we did 
not do it that way last year.
  Mr. VOLKMER. Mr. Speaker, reclaiming my time, the gentleman did. That 
is the point. He does not know what he did.
  Mr. Speaker, the courts have decided, under the 1995 law, the States 
are required to fund the Medicaid abortions for those provisions. That 
is the status of it right now. In the 1996 law that we passed in this 
House, we said that the States do not have to do that. This is going 
backwards. This is saying that the States will still, my State, which 
is a pro-life State, will still have to do abortions for these 
provisions. Anybody that votes for this cannot be pro-life.
  Mr. FROST. Mr. Speaker, will the gentleman yield?
  Mr. VOLKMER. I yield to the gentleman from Texas.
  Mr. FROST. Mr. Speaker, the gentleman may know, he is my friend, we 
happen to differ on this issue. I am pro-choice. However, I agree with 
the gentleman. This is a pro-choice bill. The gentleman has correctly 
analyzed the legislation. It is pro-choice.
  Mr. VOLKMER. Mr. Speaker, reclaiming my time, I thank the gentleman.


         permission to insert extraneous material in the record

  Mr. DREIER. Mr. Speaker, I ask unanimous consent that the gentleman 
from Illinois [Mr. Porter] be allowed to insert tabular and extraneous 
material in the Record following the point at which he spoke.
  The SPEAKER pro tempore (Mr. Emerson). Is there objection to the 
request of the gentleman from California?
  Mr. OBEY. Mr. Speaker, reserving the right to object, I would like to 
ask for a better understanding of what the gentleman is asking to have 
inserted.
  We have been asking for tables of funding levels all night long and 
have not gotten anything. Are we now going to pretend, by inserting 
something in the Record, that Members knew what they were doing when 
they, in fact, did not?
  Mr. DREIER. Mr. Speaker, would the gentleman yield?
  Mr. OBEY. Surely.
  Mr. DREIER. Mr. Speaker, what this is, is material that I am told was 
provided to the minority side about 20 minutes ago that the chairman of 
the subcommittee wishes to have printed in the Congressional Record 
following his statement.
  Mr. OBEY. Mr. Speaker, further continuing to reserve my right to 
object, this applies only for the Centers for Disease Control; is that 
correct?
  Mr. DREIER. Mr. Speaker, the gentleman is correct.
  Mr. OBEY. Mr. Speaker, further continuing to reserve my right to 
object, so we are still not going to note what the tabular material 
would be for any of the other programs funded in this bill?
  Mr. DREIER. Mr. Speaker, if the gentleman would continue to yield, no 
other material is going to be inserted in the Record other than this 
material that the gentleman from Illinois, my friend, has handed me.
  Mr. OBEY. Mr. Speaker, I withdraw my reservation of objection, with 
the expression that I think that the kind of material which has been 
provided halfway in the debate for one agency is the kind of material 
that should have been on the floor for every agency being funded in 
this bill before we vote blind here tonight.
  Mr. DREIER. Mr. Speaker, I thank my friend for not objecting.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I would inquire of the time remaining of each 
side.
  The SPEAKER pro tempore. The gentleman from Texas [Mr. Frost] has 
3\1/2\ minutes remaining, and the gentleman from California [Mr. 
Dreier] has 3\3/4\ minutes remaining.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
[Mr. Bentsen].

                              {time}  2100

  Mr. BENTSEN. Mr. Speaker, I thank the gentleman for yielding this 
time to me.
  I guess this legislation is some form of hostage taking, and what we 
are doing is we are going to release some hostages like the NIH, and 
that is good because places like UT Health Sciences Centers at the 
Texas Medical Center were getting ready to lay researchers off. On the 
other hand, we are going to continue to hold hostages like NASA.
  Let me tell you about the Johnson Space Center. At the Johnson Space 
Center we are going to bring back 1,500 Federal employees who have been 
furloughed. We are going to start laying off 12,000 contract employees, 
private employees, privatization, those people in the private sector 
who are working on the space shuttle and who are working on the space 
station, and we are going to raise the cost of the space shuttle and 
the cost of the space station.
  Now, someone here said this is common-sense Government. I do not know 
what is common sense about bringing on the Federal employees who are 
not running the program and paying them to do nothing and then laying 
off 12,000 employees in the greater Houston area and raising the cost 
of the space station and raising the cost of the space shuttle. There 
is nothing common sense about that. It is just plain stupid.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from North 
Dakota [Mr. Pomeroy].
  Mr. POMEROY. Mr. Speaker, the continuing resolution before us is a 
classic example of attempting to be too cute by half.
  You know, as a general guiding principle, doing the right thing is 
the right thing to do, and Senator Dole, in calling for reopening 
Government, clearly struck the right note. That was the right thing to 
do.
  Trying to do it piecemeal is a half-baked way of accomplishing with 
some grace, apparently, the same result that Senator Dole called for, 
but to have one continuing resolution listing several items of 
Government pass this House, only a few hours later back passing more 
functions of Government, 

[[Page H321]]
to apparently alleviate the embarrassment from having those items shut 
down has left this House, I think, facing a complete debacle in this 
procedure.
  The American people deserve more than too cute by half. They deserve 
to have the Government reopened while we continue the talks leading to 
a balanced budget.
  Mr. DREIER. Mr. Speaker, I yield 1 minute to my friend, the gentleman 
from Metairie, LA [Mr. Livingston], the chairman of the Committee on 
Appropriations.
  Mr. LIVINGSTON. Mr. Speaker, as a pro-life Member, I have to say that 
I have to address the concerns expressed by the gentleman from Missouri 
a few minutes ago.
  The fact is that this bill does extend the terms and conditions for 
Medicare-Medicaid funding from last year. But the Labor, Health bill 
has yet to work its way through the Congress. It has passed the House 
with the terms and conditions that meet the objections and needs of the 
pro-life community. It will come out of the Senate, and we will still 
have to deal with it. When we deal with it, we will address the 
concerns of the pro-life community.
  The provisions we agree to will supercede the provisions in this 
bill. For the meantime, if we do not pass this bill, Medicare payments 
by the end of this month will not be made; Medicaid payments by the end 
of this month will not be made.
  It is important we pass this bill under the terms and conditions of 
last year. Otherwise those people will not get these benefits.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge my colleagues to defeat the previous question. If 
the previous question is defeated, I will offer an amendment. My 
amendment adds to the provisions of the bill to provide funding through 
the fiscal year for programs and activities not otherwise funded. All 
activities would be funded at the lower of House-passed, Senate-passed 
or last year's level, though nothing would be funded at less than 90 
percent of last year's level. Mr. Speaker, this is exactly the same 
rate as in the first continuing resolution this Congress passed.
  Mr. Speaker, this is the last opportunity to avoid the folly. Mr. 
Speaker, only by defeating the previous question can we let Federal 
workers actually work-under the Republican plan, we pay these people to 
show up but insist they do not work. That is a waste of taxpayer 
dollars.
  Mr. Speaker, I am inserting in the Record at this point the amendment 
I will offer if the previous question is defeated:

                      Amendment to the Resolution

       Strike the period in the last line and add the following: 
     ``, as modified by the amendment printed in section 2 of this 
     resolution.''
       At the end of the resolution, add the following new 
     section:
       ``Sec. 2. At the end of the bill, add the following:

                              ``TITLE III

       Such amounts as may be necessary to continue through 
     September 30, 1996 any other program, project, or activity 
     carried out in fiscal year 1995 not provided for in Title I 
     of this Act or any other appropriations Act for fiscal year 
     1996, at a rate for operations and under the terms and 
     conditions provided for in Public Law 104-31.''

  Mr. Speaker, I yield the balance of my time to the gentleman from 
Wisconsin [Mr. Obey].
  Mr. OBEY. Mr. Speaker, I simply want to make certain that the 
comments of the gentleman from Louisiana [Mr. Livingston] did not 
confuse the facts.
  What this language does on abortion is to remove all of the 
limitations above last year's law, which the majority party insisted in 
putting into the Labor, HEW bill when that bill was before us. I am not 
going to argue about whether that is wise or not.
  But I would observe that if you vote for this tonight, you are voting 
to remove the limitations which you insisted on placing in that 
legislation just a few months ago.
  Mr. DREIER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, we have, I believe, 3\3/4\ minutes remaining, and I do 
not plan to use that time because we want to get these essential 
Government programs open as quickly as possible.
  With that, I urge an ``aye'' vote on this.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The SPEAKER pro tempore (Mr. Emerson). The question is on ordering 
the previous question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FROST. 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.
  The vote was taken by electronic device, and there were--yeas 204, 
nays 167, not voting 62, as follows:

                             [Roll No. 11]

                               YEAS--204

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Boucher
     Bryant (TN)
     Bunn
     Bunning
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Flanagan
     Foley
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Gekas
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Johnson (CT)
     Johnson, Sam
     Kasich
     Kelly
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Moorhead
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oxley
     Parker
     Paxon
     Petri
     Pombo
     Porter
     Portman
     Pryce
     Quinn
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shays
     Shuster
     Skeen
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stump
     Talent
     Tate
     Tauzin
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NAYS--167

     Abercrombie
     Ackerman
     Andrews
     Baesler
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Bevill
     Bishop
     Bonior
     Borski
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Cardin
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dingell
     Dixon
     Dooley
     Dornan
     Doyle
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fields (LA)
     Foglietta
     Forbes
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Geren
     Gibbons
     Gonzalez
     Gordon
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Holden
     Hoyer
     Istook
     Jackson (IL)
     Jefferson
     Johnson (SD)
     Johnson, E. B.
     Jones
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lowey
     Luther
     Maloney
     Markey
     Martinez
     Mascara
     McCarthy
     McDermott
     McHale
     McKinney
     McNulty
     Meek
     Menendez
     Mfume
     Minge
     Mink
     Moakley
     Mollohan
     Moran
     Murtha
     Nadler
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Pomeroy
     Poshard
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Roybal-Allard
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Sisisky
     Skaggs
     Skelton
     Slaughter
     Smith (NJ)
     Spratt

[[Page H322]]
     Stenholm
     Stokes
     Stupak
     Tanner
     Taylor (MS)
     Tejeda
     Thompson
     Thurman
     Torres
     Torricelli
     Towns
     Traficant
     Vento
     Visclosky
     Volkmer
     Ward
     Watt (NC)
     Wise
     Woolsey
     Wynn

                             NOT VOTING--62

     Baker (LA)
     Berman
     Bilbray
     Bilirakis
     Brownback
     Bryant (TX)
     Burr
     Burton
     Chapman
     Chrysler
     Clinger
     Diaz-Balart
     Dickey
     Dicks
     Doggett
     Durbin
     Ewing
     Fawell
     Fazio
     Fields (TX)
     Filner
     Flake
     Fowler
     Ganske
     Green
     Hayes
     Jackson-Lee (TX)
     Jacobs
     Johnston
     LaFalce
     Lightfoot
     Lipinski
     Lofgren
     Manton
     Matsui
     Meehan
     Miller (CA)
     Montgomery
     Morella
     Myers
     Neal
     Packard
     Pickett
     Quillen
     Radanovich
     Ros-Lehtinen
     Rose
     Rush
     Shaw
     Stark
     Stockman
     Studds
     Taylor (NC)
     Thornton
     Velazquez
     Waters
     Waxman
     Wicker
     Williams
     Wilson
     Wyden
     Yates

                              {time}  2123

  So the previous question was ordered.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mrs. FOWLER. Mr. Speaker, on rollcall No. 11, I was absent. Had I 
been present, I would have voted ``yea.''


                          personal explanation

  Ms. JACKSON-LEE of Texas. Mr. Speaker, during rollcall vote No. 11 on 
House Resolution 338 I was not present because of district business and 
district meetings. Had I been present I would voted ``nay.''
  The SPEAKER pro tempore (Mr. Emerson). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             recorded vote

  Mr. FROST. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 344, 
noes 24, not voting 65, as follows:

                             [Roll No. 12]

                               AYES--344

     Abercrombie
     Ackerman
     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baldacci
     Ballenger
     Barcia
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Bevill
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TN)
     Bunn
     Bunning
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cardin
     Castle
     Chambliss
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooley
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Deutsch
     Dingell
     Dixon
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Evans
     Everett
     Farr
     Fattah
     Fields (LA)
     Flanagan
     Foglietta
     Foley
     Forbes
     Ford
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Furse
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Greenwood
     Gunderson
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilliard
     Hinchey
     Hobson
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Jackson (IL)
     Jefferson
     Johnson (CT)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     LaHood
     Lantos
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (GA)
     Lewis (KY)
     Lincoln
     Linder
     Livingston
     LoBiondo
     Longley
     Lowey
     Lucas
     Luther
     Maloney
     Manzullo
     Markey
     Martinez
     Martini
     Mascara
     McCarthy
     McCollum
     McCrery
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McNulty
     Meek
     Menendez
     Metcalf
     Meyers
     Mfume
     Mica
     Miller (FL)
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Moorhead
     Moran
     Murtha
     Myrick
     Nadler
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Petri
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Roth
     Roukema
     Roybal-Allard
     Royce
     Sabo
     Salmon
     Sanders
     Sawyer
     Saxton
     Schaefer
     Schiff
     Schroeder
     Schumer
     Scott
     Seastrand
     Sensenbrenner
     Serrano
     Shays
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (TX)
     Solomon
     Spence
     Spratt
     Stearns
     Stenholm
     Stokes
     Stump
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Tejeda
     Thomas
     Thompson
     Thornberry
     Thurman
     Torkildsen
     Torricelli
     Towns
     Traficant
     Upton
     Vento
     Visclosky
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Ward
     Watt (NC)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wise
     Wolf
     Woolsey
     Wynn
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                                NOES--24

     Barr
     Barton
     Chabot
     Chenoweth
     de la Garza
     Dornan
     Funderburk
     Graham
     Hilleary
     Hoekstra
     Hostettler
     Istook
     Jones
     Largent
     McIntosh
     Orton
     Sanford
     Scarborough
     Shadegg
     Smith (NJ)
     Smith (WA)
     Souder
     Tiahrt
     Volkmer

                             NOT VOTING--65

     Baker (LA)
     Beilenson
     Berman
     Bilbray
     Bilirakis
     Brownback
     Bryant (TX)
     Burr
     Burton
     Chapman
     Chrysler
     Clinger
     Diaz-Balart
     Dickey
     Dicks
     Doggett
     Durbin
     Ewing
     Fawell
     Fazio
     Fields (TX)
     Filner
     Flake
     Fowler
     Ganske
     Green
     Hayes
     Jackson-Lee (TX)
     Jacobs
     Johnston
     LaFalce
     Lewis (CA)
     Lightfoot
     Lipinski
     Lofgren
     Manton
     Matsui
     Meehan
     Miller (CA)
     Montgomery
     Morella
     Myers
     Neal
     Packard
     Pickett
     Quillen
     Ros-Lehtinen
     Rose
     Rush
     Shaw
     Shuster
     Stark
     Stockman
     Studds
     Taylor (NC)
     Thornton
     Torres
     Velazquez
     Waters
     Waxman
     Wicker
     Williams
     Wilson
     Wyden
     Yates

                              {time}  2140

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________