[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[House]
[Pages H7715-H7720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROVIDING FOR CONSIDERATION OF H.R. 3814 DEPARTMENTS OF COMMERCE, 
JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS 
                               ACT, 1997

  Ms. PRYCE. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 479 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 479

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 1(b) of rule 
     XXIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 3814) making appropriations for the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and related agencies for the fiscal year ending September 30, 
     1997, and for other purposes. The first reading of the bill 
     shall be dispensed with. Points of order against 
     consideration of the bill for failure to comply with clause 
     2(1)(6) of rule XI or clause 7 of rule XXI are waived. 
     General debate shall be confined to the bill and shall not 
     exceed one hour equally divided and controlled by the 
     chairman and ranking minority member of the Committee on 
     Appropriations. After general debate the bill shall be 
     considered for amendment under the five-minute rule. Before 
     consideration of any other amendment it shall be in order to 
     consider the amendment printed in the report of the Committee 
     on Rules accompanying this resolution, if offered by 
     Representative Rogers of Kentucky or his designee. That 
     amendment shall be considered as read, shall be debatable for 
     the time specified in the report equally divided and 
     controlled by the proponent and an opponent, shall not be 
     subject to amendment, and shall not be subject to a demand 
     for division of the question in the House or in the Committee 
     of the Whole. All points of order against that amendment are 
     waived. If that amendment is adopted, the bill, as amended, 
     shall be considered as the original bill for the purpose of 
     further amendment. Points of order against provisions in the 
     bill for failure to comply with clause 2 or 6 of rule XXI are 
     waived except as follows: (1) under the Department of 
     Commerce, Science and Technology, the National Institute of 
     Standards and Technology, the matter under the heading 
     ``Industrial Technology Services'' that

[[Page H7716]]

     begins with ``In addition'' and continues through `` `Working 
     Capital Fund' ''; and (2) under the Department of Commerce, 
     the heading ``Technology Administration'' and the matter 
     thereunder. Where points of order are waived against part of 
     a paragraph, points of order against a provision in another 
     part of such paragraph may be made only against such 
     provision and not against the entire paragraph. During 
     consideration of the bill for further amendment, the Chairman 
     of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 6 
     of rule XXIII. Amendments so printed shall be considered as 
     read. The Chairman of the Committee of the Whole may postpone 
     until a time during further consideration in the Committee of 
     the Whole a request for a recorded vote on any amendment. The 
     Chairman of the Committee of the Whole may reduce to not less 
     than five minutes the time for voting by electronic device on 
     any postponed question that immediately follows another 
     vote by electronic device without intervening business: 
     Provided, That the time for voting by electronic device on 
     the first in any series of questions shall be not less 
     than fifteen minutes. After the reading of the final lines 
     of the bill, a motion that the Committee of the Whole rise 
     and report the bill to the House with such amendments as 
     may have been adopted shall, if offered by the majority 
     leader or a designee, have precedence over a motion to 
     amend. At the conclusion of consideration of the bill for 
     amendment the Committee shall rise and report the bill to 
     the House with such amendments as may have been adopted. 
     The previous question shall be considered as ordered on 
     the bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore (Mr. Ewing). The gentlewoman from Ohio [Ms. 
Pryce] is recognized for 1 hour.

                              {time}  1700

  Ms. PRYCE. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to my good friend, the gentleman from California 
[Mr. Beilenson], pending which I yield myself such time as I may 
consume. During consideration of this resolution, all time yielded is 
for the purpose of debate only.


                             general leave

  Ms. PRYCE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
this resolution and that I may be permitted to insert extraneous 
materials into the Record.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). Is there objection 
to the request of the gentlewoman from Ohio?
  There was no objection.


making in order amendment relating to advanced technology program, and 
    waiving points of order in committee of the whole on h.r. 3814, 
departments of commerce, Justice, and state, the judiciary, and related 
                   agencies appropriations act, 1997

  Ms. PRYCE. Mr. Speaker, I ask unanimous consent that during the 
consideration of H.R. 3814 in the Committee of the Whole, one, it may 
be in order immediately after disposition of the first amendment made 
in order by House Resolution 479, and without intervention of any point 
of order, to consider the amendment relating to the Advanced Technology 
Program that I have placed at the desk, if offered by the gentleman 
from Kentucky [Mr. Rogers]; and, second, if that amendment is adopted, 
then points of order under clauses 2 and 6 of rule XXI shall be waived 
for all provisions of the bill, as amended.
  Mr. Speaker, it is my understanding that the minority has been 
consulted and has no objection to this request.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read, as follows:

       Amendment to be offered by Mr. Rogers, pursuant to the 
     unanimous-consent request of Ms. Pryce: On page 54, strike 
     the language on lines 3 through 15, and insert the following:
       ``In addition, for necessary expenses of the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology, $110,500,000, to remain available until expended, 
     of which not to exceed $500,000 may be transferred to the 
     ``Working Capital Fund'': Provided, That none of the funds 
     made available under this heading may be used for the 
     purposes of carrying out additional program competitions 
     under the Advanced Technology Program: Provided further, That 
     funds made available for the Advanced Technology Program 
     under this heading and any unobligated balances available 
     from carryover of prior year appropriations for such program 
     may be used only for the purposes of providing continuation 
     grants for competitions completed prior to October 1, 1995: 
     Provided further, That such continuation grants shall be 
     provided only to single applicants or joint venture 
     participants which are small businesses: Provided further, 
     That such funds for the Advanced Technology Program are 
     provided for the purposes of closing out all commitments for 
     such program.''.

  Ms. PRYCE. Mr. Speaker, House Resolution 479 is an open rule 
providing for the consideration of H.R. 3814, the Commerce, Justice, 
State and related agencies appropriations bill for fiscal year 1997.
  The rule provides 1 hour of general debate equally divided between 
the chairman and ranking minority member of the Committee on 
Appropriations.
  The rule includes a limited number of waivers to facilitate the 
orderly consideration of the bill. For example, the rule waives clause 
2(L)(6) of rule 11, regarding the 3-day availability of the report, and 
clause 7 of rule 21, regarding the 3-day availability of printed 
hearings and reports on appropriations bills.
  The rule also provides for the consideration, before any other 
amendment, of the amendment printed in part 2 of the Rules Committee 
report, if offered by Mr. Rogers of Kentucky or his designee. The 
amendment will be considered as read and shall not be subject to a 
demand for a division of the question.
  Since authorizing legislation for most programs within the bill has 
not been finalized, the rule further provides the necessary waiver of 
clause 2 of rule 21, which prohibits unauthorized appropriations and 
legislation on general appropriations bills, as well as clause 6 of 
rule 21, which prohibits transfers of unobligated balances.
  As we have done in the past, the rule accords priority in recognition 
to those amendments that are pre-printed in the Congressional Record, 
and it allows the Chairman of the Committee of the Whole to postpone 
and shorten votes during further consideration of the bill. After the 
reading of the final lines of the bill, a motion to rise, if offered by 
the majority leaders or his designee, will have precedence over a 
motion to amend. Finally, the rule provides one motion to recommit, 
with or without instructions.
  Mr. Speaker, as our colleagues know, the Commerce, State, and Justice 
appropriations bill covers a lot of ground, from projecting our 
diplomatic presence overseas, to promoting trade, and to preserving the 
safety and well-being of our citizens. As a former judge and 
prosecutor, I recognize that the Federal Government has an important 
role to play in the fight against drugs and crime, and I am especially 
pleased that this year's legislation devotes significant resources to 
law enforcement and related activities.
  This important commitment to public safety is reflected in the 
increased dollars that are provided for drug enforcement initiatives, 
for enforcing our immigration laws and border control, for implementing 
the recent anti-terrorism bill, and for assisting State and local 
governments in their drug control and crime fighting efforts.
  By targeting funding at the State and local level, the bill continues 
to broaden our policy of empowering local authorities to develop local 
solutions that best address their own unique situations.
  But, Mr. Speaker, not all crime is front-page news. Many victims are 
defenseless women who suffer in silence at home or even in the 
workplace. Too often, violent crimes committed against women are not 
even reported to law enforcement agencies. That's why I'm very pleased 
to note that the bill provides a substantial increase in funding for 
the Violence Against Women Act, a step which recognizes the importance 
of combatting the many forms of domestic violence despite the budget 
constraints that we face this year.
  This bill does provide a reasonable and responsible increase in 
funding over last year's level, with all increases going to critical 
law enforcement purposes, it is still within the subcommittee's budget 
allocation. And that, Mr. Speaker, is vitally important to keeping us 
on the glidepath toward a balanced Federal budget.
  Mr. Speaker, Chairman Rogers and the subcommittee have worked very 
hard this year to craft a bill that balances the need for continued 
fiscal responsibility with the need to provide

[[Page H7717]]

adequate funding for law enforcement, diplomatic missions, trade, and 
many other related activities.
  In closing, let me just emphasize that the rule before us is both 
fair and open. Any Member can be heard on any germane amendment to the 
bill at the appropriate time, as long as it is consistent with the 
normal rules of the House. This rule was reported unanimously by the 
Rules Committee yesterday and I urge its expeditious adoption by the 
House.
  Mr. Speaker, the information I am submitting for the Record is as 
follows:

  THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,\1\ 103D CONGRESS V. 104TH CONGRESS 
                                              [As of July 11, 1996]                                             
----------------------------------------------------------------------------------------------------------------
                                                  103d Congress                        104th Congress           
              Rule type              ---------------------------------------------------------------------------
                                       Number of rules    Percent of total   Number of rules    Percent of total
----------------------------------------------------------------------------------------------------------------
Open/Modified-Open \2\..............                 46                 44                 78                 60
Structured/Modified Closed \3\......                 49                 47                 35                 27
Closed \4\..........................                  9                  9                 17                 13
                                     ---------------------------------------------------------------------------
      Total.........................                104                100                130                100
----------------------------------------------------------------------------------------------------------------
\1\ This table applies only to rules which provide for the original consideration of bills, joint resolutions or
  budget resolutions and which provide for an amendment process. It does not apply to special rules which only  
  waive points of order against appropriations bills which are already privileged and are considered under an   
  open amendment process under House rules.                                                                     
\2\ An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A      
  modified open rule is one under which any Member may offer a germane amendment under the five-minute rule     
  subject only to an overall time limit on the amendment process and/or a requirement that the amendment be     
  preprinted in the Congressional Record.                                                                       
\3\ A structured or modified closed rule is one under which the Rules Committee limits the amendments that may  
  be offered only to those amendments designated in the special rule or the Rules Committee report to accompany 
  it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be   
  completely open to amendment.                                                                                 
\4\ A closed rule is one under which no amendments may be offered (other than amendments recommended by the     
  committee in reporting the bill).                                                                             


                          SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS                         
                                              [As of July 11, 1996]                                             
----------------------------------------------------------------------------------------------------------------
                                                                                                 Disposition of 
    H. Res. No. (Date rept.)         Rule type           Bill No.              Subject                rule      
----------------------------------------------------------------------------------------------------------------
H. Res. 38 (1/18/95)...........  O................  H.R. 5...........  Unfunded Mandate        A: 350-71 (1/19/ 
                                                                        Reform.                 95).            
H. Res. 44 (1/24/95)...........  MC...............  H. Con. Res. 17..  Social Security.......  A: 255-172 (1/25/
                                                    H.J. Res. 1......  Balanced Budget Amdt..   95).            
H. Res. 51 (1/31/95)...........  O................  H.R. 101.........  Land Transfer, Taos     A: voice vote (2/
                                                                        Pueblo Indians.         1/95).          
H. Res. 52 (1/31/95)...........  O................  H.R. 400.........  Land Exchange, Arctic   A: voice vote (2/
                                                                        Nat'l. Park and         1/95).          
                                                                        Preserve.                               
H. Res. 53 (1/31/95)...........  O................  H.R. 440.........  Land Conveyance, Butte  A: voice vote (2/
                                                                        County, Calif.          1/95).          
H. Res. 55 (2/1/95)............  O................  H.R. 2...........  Line Item Veto........  A: voice vote (2/
                                                                                                2/95).          
H. Res. 60 (2/6/95)............  O................  H.R. 665.........  Victim Restitution....  A: voice vote (2/
                                                                                                7/95).          
H. Res. 61 (2/6/95)............  O................  H.R. 666.........  Exclusionary Rule       A: voice vote (2/
                                                                        Reform.                 7/95).          
H. Res. 63 (2/8/95)............  MO...............  H.R. 667.........  Violent Criminal        A: voice vote (2/
                                                                        Incarceration.          9/95).          
H. Res. 69 (2/9/95)............  O................  H.R. 668.........  Criminal Alien          A: voice vote (2/
                                                                        Deportation.            10/95).         
H. Res. 79 (2/10/95)...........  MO...............  H.R. 728.........  Law Enforcement Block   A: voice vote (2/
                                                                        Grants.                 13/95).         
H. Res. 83 (2/13/95)...........  MO...............  H.R. 7...........  National Security       PQ: 229-199; A:  
                                                                        Revitalization.         227-197 (2/15/  
                                                                                                95).            
H. Res. 88 (2/16/95)...........  MC...............  H.R. 831.........  Health Insurance        PQ: 230-191; A:  
                                                                        Deductibility.          229-188 (2/21/  
                                                                                                95).            
H. Res. 91 (2/21/95)...........  O................  H.R. 830.........  Paperwork Reduction     A: voice vote (2/
                                                                        Act.                    22/95).         
H. Res. 92 (2/21/95)...........  MC...............  H.R. 889.........  Defense Supplemental..  A: 282-144 (2/22/
                                                                                                95).            
H. Res. 93 (2/22/95)...........  MO...............  H.R. 450.........  Regulatory Transition   A: 252-175 (2/23/
                                                                        Act.                    95).            
H. Res. 96 (2/24/95)...........  MO...............  H.R. 1022........  Risk Assessment.......  A: 253-165 (2/27/
                                                                                                95).            
H. Res. 100 (2/27/95)..........  O................  H.R. 926.........  Regulatory Reform and   A: voice vote (2/
                                                                        Relief Act.             28/95).         
H. Res. 101 (2/28/95)..........  MO...............  H.R. 925.........  Private Property        A: 271-151 (3/2/ 
                                                                        Protection Act.         95).            
H. Res. 103 (3/3/95)...........  MO...............  H.R. 1058........  Securities Litigation   .................
                                                                        Reform.                                 
H. Res. 104 (3/3/95)...........  MO...............  H.R. 988.........  Attorney                A: voice vote (3/
                                                                        Accountability Act.     6/95).          
H. Res. 105 (3/6/95)...........  MO...............  .................  ......................  A: 257-155 (3/7/ 
                                                                                                95).            
H. Res. 108 (3/7/95)...........  Debate...........  H.R. 956.........  Product Liability       A: voice vote (3/
                                                                        Reform.                 8/95).          
H. Res. 109 (3/8/95)...........  MC...............  .................  ......................  PQ: 234-191 A:   
                                                                                                247-181 (3/9/   
                                                                                                95).            
H. Res. 115 (3/14/95)..........  MO...............  H.R. 1159........  Making Emergency Supp.  A: 242-190 (3/15/
                                                                        Approps.                95).            
H. Res. 116 (3/15/95)..........  MC...............  H.J. Res. 73.....  Term Limits Const.      A: voice vote (3/
                                                                        Amdt.                   28/95).         
H. Res. 117 (3/16/95)..........  Debate...........  H.R. 4...........  Personal                A: voice vote (3/
                                                                        Responsibility Act of   21/95).         
                                                                        1995.                                   
H. Res. 119 (3/21/95)..........  MC...............  .................  ......................  A: 217-211 (3/22/
                                                                                                95).            
H. Res. 125 (4/3/95)...........  O................  H.R. 1271........  Family Privacy          A: 423-1 (4/4/   
                                                                        Protection Act.         95).            
H. Res. 126 (4/3/95)...........  O................  H.R. 660.........  Older Persons Housing   A: voice vote (4/
                                                                        Act.                    6/95).          
H. Res. 128 (4/4/95)...........  MC...............  H.R. 1215........  Contract With America   A: 228-204 (4/5/ 
                                                                        Tax Relief Act of       95).            
                                                                        1995.                                   
H. Res. 130 (4/5/95)...........  MC...............  H.R. 483.........  Medicare Select          A: 253-172 (4/6/
                                                                        Expansion.              95).            
H. Res. 136 (5/1/95)...........  O................  H.R. 655.........  Hydrogen Future Act of  A: voice vote (5/
                                                                        1995.                   2/95).          
H. Res. 139 (5/3/95)...........  O................  H.R. 1361........  Coast Guard Auth. FY    A: voice vote (5/
                                                                        1996.                   9/95).          
H. Res. 140 (5/9/95)...........  O................  H.R. 961.........  Clean Water Amendments  A: 414-4 (5/10/  
                                                                                                95).            
H. Res. 144 (5/11/95)..........  O................  H.R. 535.........  Fish Hatchery--         A: voice vote (5/
                                                                        Arkansas.               15/95).         
H. Res. 145 (5/11/95)..........  O................  H.R. 584.........  Fish Hatchery--Iowa...  A: voice vote (5/
                                                                                                15/95).         
H. Res. 146 (5/11/95)..........  O................  H.R. 614.........  Fish Hatchery--         A: voice vote (5/
                                                                        Minnesota.              15/95).         
H. Res. 149 (5/16/95)..........  MC...............  H. Con. Res. 67..  Budget Resolution FY    PQ: 252-170 A:   
                                                                        1996.                   255-168 (5/17/  
                                                                                                95).            
H. Res. 155 (5/22/95)..........  MO...............  H.R. 1561........  American Overseas       A: 233-176 (5/23/
                                                                        Interests Act.          95).            
H. Res. 164 (6/8/95)...........  MC...............  H.R. 1530........  Nat. Defense Auth. FY   PQ: 225-191 A:   
                                                                        1996.                   233-183 (6/13/  
                                                                                                95).            
H. Res. 167 (6/15/95)..........  O................  H.R. 1817........  MilCon Appropriations   PQ: 223-180 A:   
                                                                        FY 1996.                245-155 (6/16/  
                                                                                                95).            
H. Res. 169 (6/19/95)..........  MC...............  H.R. 1854........  Leg. Branch Approps.    PQ: 232-196 A:   
                                                                        FY 1996.                236-191 (6/20/  
                                                                                                95).            
H. Res. 170 (6/20/95)..........  O................  H.R. 1868........  For. Ops. Approps. FY   PQ: 221-178 A:   
                                                                        1996.                   217-175 (6/22/  
                                                                                                95).            
H. Res. 171 (6/22/95)..........  O................  H.R. 1905........  Energy & Water          A: voice vote (7/
                                                                        Approps. FY 1996.       12/95).         
H. Res. 173 (6/27/95)..........  C................  H.J. Res. 79.....  Flag Constitutional     PQ: 258-170 A:   
                                                                        Amendment.              271-152 (6/28/  
                                                                                                95).            
H. Res. 176 (6/28/95)..........  MC...............  H.R. 1944........  Emer. Supp. Approps...  PQ: 236-194 A:   
                                                                                                234-192 (6/29/  
                                                                                                95).            
H. Res. 185 (7/11/95)..........  O................  H.R. 1977........  Interior Approps. FY    PQ: 235-193 D:   
                                                                        1996.                   192-238 (7/12/  
                                                                                                95).            
H. Res. 187 (7/12/95)..........  O................  H.R. 1977........  Interior Approps. FY    PQ: 230-194 A:   
                                                                        1996 #2.                229-195 (7/13/  
                                                                                                95).            
H. Res. 188 (7/12/95)..........  O................  H.R. 1976........  Agriculture Approps.    PQ: 242-185 A:   
                                                                        FY 1996.                voice vote (7/18/
                                                                                                95).            
H. Res. 190 (7/17/95)..........  O................  H.R. 2020........  Treasury/Postal         PQ: 232-192 A:   
                                                                        Approps. FY 1996.       voice vote (7/18/
                                                                                                95).            
H. Res. 193 (7/19/95)..........  C................  H.J. Res. 96.....  Disapproval of MFN to   A: voice vote (7/
                                                                        China.                  20/95).         
H. Res. 194 (7/19/95)..........  O................  H.R. 2002........  Transportation          PQ: 217-202 (7/21/
                                                                        Approps. FY 1996.       95).            
H. Res. 197 (7/21/95)..........  O................  H.R. 70..........  Exports of Alaskan      A: voice vote (7/
                                                                        Crude Oil.              24/95).         
H. Res. 198 (7/21/95)..........  O................  H.R. 2076........  Commerce, State         A: voice vote (7/
                                                                        Approps. FY 1996.       25/95).         
H. Res. 201 (7/25/95)..........  O................  H.R. 2099........  VA/HUD Approps. FY      A: 230-189 (7/25/
                                                                        1996.                   95).            
H. Res. 204 (7/28/95)..........  MC...............  S. 21............  Terminating U.S. Arms   A: voice vote (8/
                                                                        Embargo on Bosnia.      1/95).          
H. Res. 205 (7/28/95)..........  O................  H.R. 2126........  Defense Approps. FY     A: 409-1 (7/31/  
                                                                        1996.                   95).            
H. Res. 207 (8/1/95)...........  MC...............  H.R. 1555........  Communications Act of   A: 255-156 (8/2/ 
                                                                        1995.                   95).            
H. Res. 208 (8/1/95)...........  O................  H.R. 2127........  Labor, HHS Approps. FY  A: 323-104 (8/2/ 
                                                                        1996.                   95).            
H. Res. 215 (9/7/95)...........  O................  H.R. 1594........  Economically Targeted   A: voice vote (9/
                                                                        Investments.            12/95).         
H. Res. 216 (9/7/95)...........  MO...............  H.R. 1655........  Intelligence            A: voice vote (9/
                                                                        Authorization FY 1996.  12/95).         
H. Res. 218 (9/12/95)..........  O................  H.R. 1162........  Deficit Reduction       A: voice vote (9/
                                                                        Lockbox.                13/95).         
H. Res. 219 (9/12/95)..........  O................  H.R. 1670........  Federal Acquisition     A: 414-0 (9/13/  
                                                                        Reform Act.             95).            
H. Res. 222 (9/18/95)..........  O................  H.R. 1617........  CAREERS Act...........  A: 388-2 (9/19/  
                                                                                                95).            
H. Res. 224 (9/19/95)..........  O................  H.R. 2274........  Natl. Highway System..  PQ: 241-173 A:   
                                                                                                375-39-1 (9/20/ 
                                                                                                95).            
H. Res. 225 (9/19/95)..........  MC...............  H.R. 927.........  Cuban Liberty & Dem.    A: 304-118 (9/20/
                                                                        Solidarity.             95).            
H. Res. 226 (9/21/95)..........  O................  H.R. 743.........  Team Act..............  A: 344-66-1 (9/27/
                                                                                                95).            
H. Res. 227 (9/21/95)..........  O................  H.R. 1170........  3-Judge Court.........  A: voice vote (9/
                                                                                                28/95).         
H. Res. 228 (9/21/95)..........  O................  H.R. 1601........  Internatl. Space        A: voice vote (9/
                                                                        Station.                27/95).         
H. Res. 230 (9/27/95)..........  C................  H.J. Res. 108....  Continuing Resolution   A: voice vote (9/
                                                                        FY 1996.                28/95).         
H. Res. 234 (9/29/95)..........  O................  H.R. 2405........  Omnibus Science Auth..  A: voice vote (10/
                                                                                                11/95).         
H. Res. 237 (10/17/95).........  MC...............  H.R. 2259........  Disapprove Sentencing   A: voice vote (10/
                                                                        Guidelines.             18/95).         
H. Res. 238 (10/18/95).........  MC...............  H.R. 2425........  Medicare Preservation   PQ: 231-194 A:   
                                                                        Act.                    227-192 (10/19/ 
                                                                                                95).            
H. Res. 239 (10/19/95).........  C................  H.R. 2492........  Leg. Branch Approps...  PQ: 235-184 A:   
                                                                                                voice vote (10/ 
                                                                                                31/95).         
H. Res. 245 (10/25/95).........  MC...............  H. Con. Res. 109.  Social Security         PQ: 228-191 A:   
                                                    H.R. 2491........   Earnings Reform.        235-185 (10/26/ 
                                                                       Seven-Year Balanced      95).            
                                                                        Budget.                                 

[[Page H7718]]

                                                                                                                
H. Res. 251 (10/31/95).........  C................  H.R. 1833........  Partial Birth Abortion  A: 237-190 (11/1/
                                                                        Ban.                    95).            
H. Res. 252 (10/31/95).........  MO...............  H.R. 2546........  D.C. Approps..........  A: 241-181 (11/1/
                                                                                                95).            
H. Res. 257 (11/7/95)..........  C................  H.J. Res. 115....  Cont. Res. FY 1996....  A: 216-210 (11/8/
                                                                                                95).            
H. Res. 258 (11/8/95)..........  MC...............  H.R. 2586........  Debt Limit............  A: 220-200 (11/10/
                                                                                                95).            
H. Res. 259 (11/9/95)..........  O................  H.R. 2539........  ICC Termination Act...  A: voice vote (11/
                                                                                                14/95).         
H. Res. 262 (11/9/95)..........  C................  H.R. 2586........  Increase Debt Limit...  A: 220-185 (11/10/
                                                                                                95).            
H. Res. 269 (11/15/95).........  O................  H.R. 2564........  Lobbying Reform.......  A: voice vote (11/
                                                                                                16/95).         
H. Res. 270 (11/15/95).........  C................  H.J. Res. 122....  Further Cont.           A: 249-176 (11/15/
                                                                        Resolution.             95).            
H. Res. 273 (11/16/95).........  MC...............  H.R. 2606........  Prohibition on Funds    A: 239-181 (11/17/
                                                                        for Bosnia.             95).            
H. Res. 284 (11/29/95).........  O................  H.R. 1788........  Amtrak Reform.........  A: voice vote (11/
                                                                                                30/95).         
H. Res. 287 (11/30/95).........  O................  H.R. 1350........  Maritime Security Act.  A: voice vote (12/
                                                                                                6/95).          
H. Res. 293 (12/7/95)..........  C................  H.R. 2621........  Protect Federal Trust   PQ: 223-183 A:   
                                                                        Funds.                  228-184 (12/14/ 
                                                                                                95).            
H. Res. 303 (12/13/95).........  O................  H.R. 1745........  Utah Public Lands.....  PQ: 221-197 A:   
                                                                                                voice vote (5/15/
                                                                                                96).            
H. Res. 309 (12/18/95).........  C................  H. Con. Res. 122.  Budget Res. W/          PQ: 230-188 A:   
                                                                        President.              229-189 (12/19/ 
                                                                                                95).            
H. Res. 313 (12/19/95).........  O................  H.R. 558.........  Texas Low-Level         A: voice vote (12/
                                                                        Radioactive.            20/95).         
H. Res. 323 (12/21/95).........  C................  H.R. 2677........  Natl. Parks & Wildlife  Tabled (2/28/96).
                                                                        Refuge.                                 
H. Res. 366 (2/27/96)..........  MC...............  H.R. 2854........  Farm Bill.............  PQ: 228-182 A:   
                                                                                                244-168 (2/28/  
                                                                                                96).            
H. Res. 368 (2/28/96)..........  O................  H.R. 994.........  Small Business Growth.  Tabled (4/17/96).
H. Res. 371 (3/6/96)...........  C................  H.R. 3021........  Debt Limit Increase...  A: voice vote (3/
                                                                                                7/96).          
H. Res. 372 (3/6/96)...........  MC...............  H.R. 3019........  Cont. Approps. FY 1996  PQ: voice vote A:
                                                                                                235-175 (3/7/   
                                                                                                96).            
H. Res. 380 (3/12/96)..........  C................  H.R. 2703........  Effective Death         A: 251-157 (3/13/
                                                                        Penalty.                96).            
H. Res. 384 (3/14/96)..........  MC...............  H.R. 2202........  Immigration...........  PQ: 233-152 A:   
                                                                                                voice vote (3/19/
                                                                                                96).            
H. Res. 386 (3/20/96)..........  C................  H.J. Res. 165....  Further Cont. Approps.  PQ: 234-187 A:   
                                                                                                237-183 (3/21/  
                                                                                                96).            
H. Res. 388 (3/21/96)..........  C................  H.R. 125.........  Gun Crime Enforcement.  A: 244-166 (3/22/
                                                                                                96).            
H. Res. 391 (3/27/96)..........  C................  H.R. 3136........  Contract w/America      PQ: 232-180 A:   
                                                                        Advancement.            232-177, (3/28/ 
                                                                                                96).            
H. Res. 392 (3/27/96)..........  MC...............  H.R. 3103........  Health Coverage         PQ: 229-186 A:   
                                                                        Affordability.          Voice Vote (3/29/
                                                                                                96).            
H. Res. 395 (3/29/96)..........  MC...............  H.J. Res. 159....  Tax Limitation Const.   PQ: 232-168 A:   
                                                                        Amdmt..                 234-162 (4/15/  
                                                                                                96).            
H. Res. 396 (3/29/96)..........  O................  H.R. 842.........  Truth in Budgeting Act  A: voice vote (4/
                                                                                                17/96).         
H. Res. 409 (4/23/96)..........  O................  H.R. 2715........  Paperwork Elimination   A: voice vote (4/
                                                                        Act.                    24/96).         
H. Res. 410 (4/23/96)..........  O................  H.R. 1675........  Natl. Wildlife Refuge.  A: voice vote (4/
                                                                                                24/96).         
H. Res. 411 (4/23/96)..........  C................  H.J. Res. 175....  Further Cont. Approps.  A: voice vote (4/
                                                                        FY 1996.                24/96).         
H. Res. 418 (4/30/96)..........  O................  H.R. 2641........  U.S. Marshals Service.  PQ: 219-203 A:   
                                                                                                voice vote (5/1/
                                                                                                96).            
H. Res. 419 (4/30/96)..........  O................  H.R. 2149........  Ocean Shipping Reform.  A: 422-0 (5/1/   
                                                                                                96).            
H. Res. 421 (5/2/96)...........  O................  H.R. 2974........  Crimes Against          A: voice vote (5/
                                                                        Children & Elderly.     7/96).          
H. Res. 422 (5/2/96)...........  O................  H.R. 3120........  Witness & Jury          A: voice vote (5/
                                                                        Tampering.              7/96).          
H. Res. 426 (5/7/96)...........  O................  H.R. 2406........  U.S. Housing Act of     PQ: 218-208 A:   
                                                                        1996.                   voice vote (5/8/
                                                                                                96).            
H. Res. 427 (5/7/96)...........  O................  H.R. 3322........  Omnibus Civilian        A: voice vote (5/
                                                                        Science Auth.           9/96).          
H. Res. 428 (5/7/96)...........  MC...............  H.R. 3286........  Adoption Promotion &    A: voice vote (5/
                                                                        Stability.              9/96).          
H. Res. 430 (5/9/96)...........  S................  H.R. 3230........  DoD Auth. FY 1997.....  A: 235-149 (5/10/
                                                                                                96).            
H. Res. 435 (5/15/96)..........  MC...............  H. Con. Res. 178.  Con. Res. on the        PQ: 227-196 A:   
                                                                        Budget, 1997.           voice vote (5/16/
                                                                                                96).            
H. Res. 436 (5/16/96)..........  C................  H.R. 3415........  Repeal 4.3 cent fuel    PQ: 221-181 A:   
                                                                        tax.                    voice vote (5/21/
                                                                                                96).            
H. Res. 437 (5/16/96)..........  MO...............  H.R. 3259........  Intell. Auth. FY 1997.  A: voice vote (5/
                                                                                                21/96).         
H. Res. 438 (5/16/96)..........  MC...............  H.R. 3144........  Defend America Act....  .................
H. Res. 440 (5/21/96)..........  MC...............  H.R. 3448........  Small Bus. Job          A: 219-211 (5/22/
                                                                        Protection.             96).            
                                 MC...............  H.R. 1227........  Employee Commuting      .................
                                                                        Flexibility.                            
H. Res. 442 (5/29/96)..........  O................  H.R. 3517........  Mil. Const. Approps.    A: voice vote (5/
                                                                        FY 1997.                30/96).         
H. Res. 445 (5/30/96)..........  O................  H.R. 3540........  For. Ops. Approps. FY   A: voice vote (6/
                                                                        1997.                   5/96).          
H. Res. 446 (6/5/96)...........  MC...............  H.R. 3562........  WI Works Waiver         A: 363-59 (6/6/  
                                                                        Approval.               96).            
H. Res. 448 (6/6/96)...........  MC...............  H.R. 2754........  Shipbuilding Trade      A: voice vote (6/
                                                                        Agreement.              12/96).         
H. Res. 451 (6/10/96)..........  O................  H.R. 3603........  Agriculture             A: voice vote (6/
                                                                        Appropriations, FY      11/96).         
                                                                        1997.                                   
H. Res. 453 (6/12/96)..........  O................  H.R. 3610........  Defense                 A: voice vote (6/
                                                                        Appropriations, FY      13/96).         
                                                                        1997.                                   
H. Res. 455 (6/18/96)..........  O................  H.R. 3662........  Interior Approps, FY    A: voice vote (6/
                                                                        1997.                   19/96).         
H. Res. 456 (6/19/96)..........  O................  H.R. 3666........  VA/HUD Approps........  A: 246-166 (6/25/
                                                                                                96).            
H. Res. 460 (6/25/96)..........  O................  H.R. 3675........  Transportation Approps  A: voice vote (6/
                                                                                                26/96).         
H. Res. 472 (7/9/96)...........  O................  H.R. 3755........  Labor/HHS Approps.....  PQ: 218-202 A:   
                                                                                                voice vote (7/10/
                                                                                                96).            
H. Res. 473 (7/9/96)...........  MC...............  H.R. 3754........  Leg. Branch Approps...  A: voice vote (7/
                                                                                                10/96).         
H. Res. 474 (7/10/96)..........  MC...............  H.R. 3396........  Defense of Marriage     A: 290-133 (7/11/
                                                                        Act.                    96).            
H. Res. 475 (7/11/96)..........  O................  H.R. 3756........  Treasury/Postal         .................
                                                                        Approps.                                
----------------------------------------------------------------------------------------------------------------
Codes: O-open rule; MO-modified open rule; MC-modified closed rule; S/C-structured/closed rule; A-adoption vote;
  D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.   


  Ms. PRYCE. Mr. Speaker, I reserve the balance of my time.
  Mr. BEILENSON. Mr. Speaker, I thank the distinguished gentlewoman 
from Ohio [Ms. Pryce] for her yielding the customary 30 minutes of 
debate time to me, and I yield myself such time as I may consume.
  Mr. Speaker, we do not object to the rule for H.R. 3814, the 
appropriations bill for the Departments of Commerce, Justice, State, 
the Judiciary and Related Agencies for fiscal year 1997.
  As the gentlewoman from Ohio has explained, this can be described as 
an open rule. As with other appropriations bills we have considered, 
however, it does not contain a number of waivers of points of order for 
violations of House rules. We do not support all the provisions in the 
bill that are being protected by those waivers but we do not object to 
the waivers themselves.
  Mr. Speaker, we are particularly troubled by the provision in the 
bill limiting the President's ability to negotiate issues related to 
the ABM Treaty that are so important to the national security of the 
United States. We believe that that is an entirely inappropriate matter 
to include in the bill. It may even be unconstitutional.
  Mr. Speaker, the bill does contain a number of other provisions that 
are similarly of great concern to us. We oppose the decision to slash 
the legal services program even further. We should be ensuring equal 
access to the court system to all Americans. What we are doing here is 
ensuring that low-income Americans are unable to enjoy the benefits of 
full and equal access to our legal system.
  Many of us are also disappointed that the bill extends the fight 
against safe and legal abortions and against a woman's right to choose 
by denying Federal prisoners reproductive choice. It is difficult to 
think of women who are more dependent on the Federal Government for all 
their medical care and have no way to choose other services. We regret 
we are continuing the efforts to fight abortion, a legal medical 
procedure, Mr. Speaker, in yet another appropriations bill.
  The bill also severely underfunds our peacekeeping missions. This 
inadequate level of funding is an affront to U.S. leadership in the 
international arena and will, I believe, prejudice our efforts to 
promote U.S. global interests.
  I would, Mr. Speaker, like to take this opportunity to thank the 
committee for continuing its strong support, first begun under the 
leadership of the gentleman from West Virginia [Mr. Mollohan], of 
funding to help control illegal immigration. The increased funding for 
the INS and for the border patrol are very important to the country 
and, of course, to the States that are most affected by immigration.

  The committee is to be commended, too, Mr. Speaker, for continuing to 
increase the appropriation for reimbursing States for the costs of 
incarcerating criminal illegal aliens, a program first funded as a 
result of an amendment that this gentleman and other Members offered 2 
years ago to the 1994 crime bill.
  After years of seeking help to fight illegal immigration, Congress 
has, over the past 3 or 4 years, through the leadership of this 
particular appropriations subcommittee, finally recognized the severe 
problems caused by illegal immigration, especially in such States as 
California, New York, Florida, New Jersey, Illinois, and Texas. 
Immigration is, after all, a Federal responsibility, and I would like 
to say to the chairman and to the ranking member that we very much 
appreciate the committee's support for the programs that

[[Page H7719]]

many of us have been advocating for a good many years.
  I would also finally like to congratulate the gentleman from Kentucky 
[Mr. Rogers] and the gentleman from West Virginia [Mr. Mollohan] for 
their bipartisan cooperation in working on this bill. This is a 
difficult process, this appropriations process, with such great fiscal 
restraint, and the House is appreciative of the spirit of comity and 
the good example of being able to work together so well that these two 
gentleman have shown to the rest of us.
  Mr. Speaker, under the rule we hope to have the opportunity to fully 
debate the bill and address our major concerns about it. For the 
moment, as I said, we have no objections to the rule.
  Ms. PRYCE. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. BEILENSON. Mr. Speaker, I yield such time as he may consume to 
the distinguished gentleman from West Virginia [Mr. Mollohan].
  (Mr. MOLLOHAN asked and was given permission to revise and extend his 
remarks.)
  Mr. MOLLOHAN. Mr. Speaker, I simply rise in support of the rule and 
express appreciation to my chairman, Mr. Rogers, for the hard work that 
he has put into this bill and for the spirit of cooperation that he has 
approached it. We appreciate his accommodations in a number of areas.
  Mr. MOLLOHAN. Mr. Speaker, I rise today in support of the rule.
  However, actions taken yesterday at the Rules Committee hearing 
almost precluded my support for this measure. The authorizing chairman 
had asked that two programs extremely important to the administration 
not be afforded protection by the rule.
  As a result, the rule before us today does not protect the Commerce 
Department's Advanced Technology Program or Technology Administration 
from points of order raised during floor consideration. These programs 
are not authorized--but then again neither are most programs in our 
bill.
  Because the rule would have allowed the striking of funding provided 
for these programs--$110.5 million for ATP and $5 million for the TA--I 
intended to speak today in opposition to this rule.
  However, I now understand that an agreement has been reached which 
accommodates the concerns of the authorizing chairman. I would like to 
express my appreciation to Chairman Rogers and to Chairman Walker for 
their efforts to reach a reasonable resolution of this matter. As a 
result of this agreement, I am acting under the assumption that an 
amendment will be offered to the bill to allow funding for the ATP 
under different conditions and that the TA will be protected from 
points of order.
  In its current form, the bill restricts ATP funding from being used 
to hold new grant competitions. The agreed upon amendment would add 
bill language stating that all funds must be used only to fund fiscal 
year 1995 and prior year grant awards which involve small businesses. 
Additionally, it would add report and bill language stating that the 
funding provided in the bill is to be used for ``close out 
commitments.''
  Obviously, I personally do not agree with these new as well as the 
old restrictions. However, restricted funding for ATP is better than no 
funding at all. And funding for the Technology Administration is 
extremely important.
  Both ATP and the Technology Administration are critical components of 
President Clinton's competitive agenda.
  The Technology Administration serves as an advocate for American 
industries--ensuring that Government policies, programs, and 
regulations promote U.S. competitiveness. Additionally, TA is the only 
Federal agency that analyzes the civilian technology activities of our 
foreign competitors, working to promote and protect U.S. technology 
interests in global research and development efforts.
  Similarly, ATP is about investing in our Nation's competitiveness in 
the global marketplace. It does nothing more than put U.S. industry on 
a level playing field with our major global competitors. As we sit here 
today placing additional restrictions on ATP, our foreign competitors 
are pouring money into similar programs. In fact, the European nations 
are accelerating investment in commercial technologies. Japan has plans 
to double its government science and technology budget by the year 
2000. China is planning to triple its investment in R&D by 2000, 
targeting computers, software, telecommunications, pharmaceuticals, and 
infrastructure. And the Republic of Korea has considerably boosted its 
R&D efforts in key technology areas and is actively acquiring foreign 
technologies.
  Simply stated, the United States is in a battle for global markets, 
where the spoils are jobs and national prosperity--and we are in a dead 
heat. Investing in programs like APT and the Technology Administration 
will make all the difference.
  So, with reservation, I ask my colleagues to support the rule before 
us today. While the agreement reached will place further restrictions 
on the ATP Program, it will ensure that at least some funding is 
provided for this important initiative.
  Mr. BEILENSON. Mr. Speaker, I yield 3 minutes to the gentleman from 
California [Mr. Brown].
  Mr. BROWN of California. Mr. Speaker, I thank the gentleman from 
California [Mr. Beilenson] for yielding me so much time. I hope I will 
not consume it all.
  Mr. Speaker, it had been my original intention to oppose both the 
rule and the bill as the result of a number of deficiencies which I 
found in them. However, I want to pay tribute to the fact that a number 
of negotiations have taken place, some in the last few minutes, aimed 
at alleviating some of my problems, and I will not take the same 
position as a result of those actions.
  Part of the agreements that were made were reflected in the approval 
of the unanimous consent request that was made earlier, which made it 
possible to continue the technology program in the Department of 
Commerce, the Advanced Technology Program, which I think has tremendous 
value to the people of the United States in terms of enhancing our 
ability to have a more effective and efficient manufacturing sector in 
the United States, and which I think will add to the productivity and 
economic growth of this country.
  I think we all recognize that this is vital to our future prosperity, 
to our future ability to get out of the deficit bind that we are in, 
and to create jobs to absorb those who are without jobs in this 
country.
  I was a little puzzled at the fact that the Committee on Rules had 
apparently, by some forethought, protected every portion of this bill 
except the technology programs, and I rather wondered how that had been 
brought about, but I will not ruminate too much on that.

                              {time}  1715

  I am happy that the threat seems to have disappeared of erasing these 
programs through raising a point of order. Under the circumstances, I 
am going to support the rule and I am going to do my best to improve 
the bill to whatever slight degree I may when it is up for discussion. 
But I am reconciled to the fact that the present budgetary pressures 
may preclude us from doing too much to enhance some of these programs 
because the only way to do that is to take funds away from other 
sometimes equally deserving programs.
  So let me conclude by paying my respects to both the chairman of the 
subcommittee and the ranking minority member, who have done so much and 
worked so hard to bring about some consensus with regard to a 
reasonable way to handle these problems.
  I think that what we have seen represents the best in the art of 
politics, which is to get the most you can from a lemon when you cannot 
do anything else. I, therefore, will look forward to the debate on the 
bill, but I will not oppose the rule.
  Mr. BEILENSON. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Ms. PRYCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just wanted to conclude by thanking the chairman and 
the ranking member for their hard work and bipartisan cooperation 
through this process. I once again urge my colleagues to support this 
fair and open rule.
  Mr. ROGERS. Mr. Speaker, will the gentlewoman yield?
  Ms. PRYCE. I yield to the gentleman from Kentucky.
  Mr. ROGERS. Mr. Speaker, I wanted to thank the gentlewoman and the 
gentleman from California from the Committee on Rules who have been 
very cooperative with us on this rule, not only the Members that are 
represented here from the Committee on Rules but those who are not. The 
Committee on Rules has a hard job, harder than anyone realizes. We 
appreciate very much their accommodation to us on the Committee on 
Appropriations on this bill. I support the rule.
  Ms. PRYCE. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.

[[Page H7720]]

  The previous question was ordered.
  the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________