[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[House]
[Pages H8030-H8031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3814

                         Offered By: Mr. Ganske

       Amendment No. 16: Page 116, after line 2, insert the 
     following new section:
       Sec. 615. (a) Limitation on Use of Funds To Issue Certain 
     Patents.--None of the funds made available in this Act may be 
     used by the Patent and Trademark Office to issue a patent 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that the patent is 
     for any invention or discovery of a technique, method, or 
     process for performing a surgical or medical procedure, 
     administering a surgical or medical therapy, or making a 
     medical diagnosis.
       (b) Exceptions.--The limitation established in subsection 
     (a) shall not apply to the issuance of a patent when it is 
     made known to the Federal official having authority to 
     obligate or expend such funds that--
       (1) the patent is for a machine, manufacture, or 
     composition of matter, or improvement thereof, that is itself 
     patentable subject matter, and the technique, method, or 
     process referred to in subsection (a) is performed by or is a 
     necessary component of the machine, manufacture, or 
     composition of matter; or
       (2)(A) the patent is for a new use of or a new indication 
     for a drug (as defined in section 201(g)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321(G)(1))), new drug 
     (as defined in section 201(p) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(p))), biologic product (as 
     defined in section 600.3(h) of title 21, Code of Federal 
     Regulations), or biotechnological process, that is not itself 
     patentable subject matter: and
       (B) the effect of such drug, new drug, biologic product, or 
     biotechnological process on the body part on which it is used 
     in the claimed method was not previously known or obvious to 
     a person or ordinary skill in the art.

                               H.R. 3814

                          Offered By Mr. Gekas

       Amendment No. 17: Page 116, after line 2, add the following 
     new section:
       Sec. 615. (a) Chapter 13 of title 31, United States Code, 
     is amended by inserting after section 1310 the following new 
     section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any regular appropriation bill for a fiscal 
     year does not become law prior to the beginning of such 
     fiscal year or a joint

[[Page H8031]]

     resolution making continuing appropriations is not in effect, 
     there is appropriated, out of any moneys in the Treasury not 
     otherwise appropriated, and out of applicable corporate or 
     other revenues, receipts, and funds, such sums as may be 
     necessary to continue any project or activity for which funds 
     were provided in the preceding fiscal year--
       ``(A) in the corresponding regular appropriations Act for 
     such preceding fiscal year; or
       ``(B) if the corresponding regular appropriation bill for 
     such preceding fiscal year did not become law, then in a 
     joint resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2) Appropriations and funds made available, and 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be at a rate of 
     operations not in excess of the lower of--
       ``(A) the rate of operations provided for in the regular 
     appropriation Act providing for such project or activity for 
     the preceding fiscal year,
       ``(B) in the absence of such an Act, the rate of operations 
     provided for such project or activity pursuant to a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year,
       ``(C) the rate of operations provided for in the House or 
     Senate passed appropriation bill for the fiscal year in 
     question, except that the lower of these two versions shall 
     be ignored for any project or activity for which there is a 
     budget request if no funding is provided for that project or 
     activity in either version,
       ``(D) the rate provided in the budget submission of the 
     President under section 1105(a) of title 31, United States 
     Code, for the fiscal year in question, or
       ``(E) the annualized rate of operations provided for in the 
     most recently enacted joint resolution making continuing 
     appropriations for part of that fiscal year.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a project or activity shall be available for the 
     period beginning with the first day of a lapse in 
     appropriations and ending with the earlier of--
       ``(A) the date on which the applicable regular 
     appropriation bill for such fiscal year becomes law (whether 
     or not such law provides for such project or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be, or
       ``(B) the last day of such fiscal year.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be subject to the terms 
     and conditions imposed with respect to the appropriation made 
     or funds made available for the preceding fiscal year, or 
     authority granted for such project or activity under current 
     law.
       ``(c) Appropriations and funds made available, and 
     authority granted, for any project or activity for any fiscal 
     year pursuant to this section shall cover all obligations or 
     expenditures incurred for such project or activity during the 
     portion of such fiscal year for which this section applies to 
     such project or activity.
       ``(d) Expenditures made for a project or activity for any 
     fiscal year pursuant to this section shall be charged to the 
     applicable appropriation, fund, or authorization whenever a 
     regular appropriation bill or a joint resolution making 
     continuing appropriations until the end of a fiscal year 
     providing for such project or activity for such period 
     becomes law.
       ``(e) No appropriation is made by this section for a fiscal 
     year for any project or activity for which there is no 
     authorization of appropriations for such fiscal year.
       ``(f) This section shall not apply to a project or activity 
     during a fiscal year if any other provision of law (other 
     than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period, or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such project or activity to continue for such 
     period.
       ``(g) For purposes of this section, the term `regular 
     appropriation bill' means any annual appropriation bill 
     making appropriations, otherwise making funds available, or 
     granting authority, for any of the following categories of 
     projects and activities:
       ``(1) Agriculture, rural development, and related agencies 
     programs.
       ``(2) The Departments of Commerce, Justice, and State, the 
     judiciary, and related agencies.
       ``(3) The Department of Defense.
       ``(4) The government of the District of Columbia and other 
     activities chargeable in whole or in part against the 
     revenues of the District.
       ``(5) The Departments of Labor, Health and Human Services, 
     and Education, and related agencies.
       ``(6) The Department of Housing and Urban Development, and 
     sundry independent agencies, boards, commissions, 
     corporations, and offices.
       ``(7) Energy and water development.
       ``(8) Foreign assistance and related programs.
       ``(9) The Department of the Interior and related agencies.
       ``(10) Military construction.
       ``(11) The Department of Transportation and related 
     agencies.
       ``(12) The Treasury Department, the U.S. Postal Service, 
     the Executive Office of the President, and certain 
     independent agencies.
       ``(13) The legislative branch.''.
       (b) The analysis of chapter 13 of title 31, United States 
     Code, is amended by inserting after the item relating to 
     section 1310 the following new item:

``1311. Continuing appropriations.''.

       (c) The amendments made by this section shall apply with 
     respect to fiscal years beginning after September 30, 1996.

                               H.R. 3814

                         Offered By: Mr. LaHood

       Amendment No. 18: Page 116, after line 2, insert the 
     following new section:
       Sec. 615. None of the funds made available in this Act may 
     be used to close a field office of any Federal agency in the 
     State of Illinois, except when it is made known to the 
     Federal official having authority to obligate or expend such 
     funds that the head of such agency has consulted with the 
     Committees on Appropriations of the House of Representatives 
     and the Senate regarding the closing of such office.

                               H.R. 3814

                       Offered By: Mr. Traficant

       Amendment No. 19: Page 112, after line 11, insert the 
     following:
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9,409 of title 48, Code of Federal Regulations.

                               H.R. 3816

                       Offered By: Mr. Foglietta

       Amendment No. 2: Page 10, line 5, strike ``10,000,000'' and 
     insert ``7,500,000''.
       Page 10, strike section 102 on lines 16 through 18.

                               H.R. 3816

                          Offered By: Mr. Obey

       Amendment No. 3: On page 17, line 21, strike 
     ``$2,648,000,000'', and insert ``$2,631,000,000''.

                               H.R. 3816

                          Offered By: Mr. Obey

       Amendment No. 4: On page 17, line 21, after the dollar 
     amount insert the following: ``(reduced by $17,000,000)''.