[Congressional Record Volume 143, Number 132 (Monday, September 29, 1997)]
[House]
[Pages H8097-H8101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CONTINUING APPROPRIATIONS, FISCAL YEAR 1998

  Mr. LIVINGSTON. Mr. Speaker, pursuant to the order of the House of 
September 26, 1997, I call up the resolution (H.J. Res. 94) making 
continuing appropriations for the fiscal year 1998, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the joint resolution.
  The text of House Joint Resolution 94 is as follows:

                              H.J. Res. 94

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,
     That 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 
     1998, 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 1997 for continuing 
     projects or activities including the costs of direct loans 
     and loan guarantees (not otherwise specifically provided for 
     in this joint resolution) which were conducted in the fiscal 
     year 1997 and for which appropriations, funds, or other 
     authority would be available in the following appropriations 
     Acts:
       The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 
     1998;
       The Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1998, 
     notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, section 701 of the United States 
     Information and Educational Exchange Act of 1948, section 313 
     of the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995 (Public Law 103-236), and section 53 of the Arms 
     Control and Disarmament Act;
       The Department of Defense Appropriations Act, 1998, 
     notwithstanding section 504(a)(1) of the National Security 
     Act of 1947;
       The District of Columbia Appropriations Act, 1998, the 
     House and Senate reported versions of which shall be deemed 
     to have passed the House and the Senate respectively as of 
     October 1, 1997, for the purposes of this joint resolution, 
     unless a reported version is passed as of October 1, 1997, in 
     which case the passed version shall be used in place of the 
     reported version for the purposes of this joint resolution;
       The Energy and Water Development Appropriations Act, 1998;
       The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1998, notwithstanding section 10 
     of Public Law 91-672 and section 15(a) of the State 
     Department Basic Authorities Act of 1956;
       The Department of the Interior and Related Agencies 
     Appropriations Act, 1998;
       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 1998;
       The Legislative Branch Appropriations Act, 1998;
       The Military Construction Appropriations Act, 1998;
       The Department of Transportation Appropriations Act, 1998;
       The Treasury, Postal Service, and General Government 
     Appropriations Act, 1998; and
       The Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     1998:

     Provided, That, whenever the amount which would be made 
     available for the authority which would be granted in these 
     Acts as passed by the House and Senate as of October 1, 1997, 
     is different 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: Provided further, That whenever the amount of 
     the budget request is less than the amount for current 
     operations and the amount which would be made available or 
     the authority which would be granted in these appropriations 
     Acts as passed by the House and Senate as of October 1, 1997, 
     is less than the amount for current operations, then the 
     pertinent project or activity shall be continued at a rate 
     for operations not exceeding the greater of the rates that 
     would be provided by the amount of the budget request or the 
     amount which would be made available or the authority which 
     would be granted in these appropriations Acts: Provided 
     further, That whenever there is no amount made available 
     under any of these appropriations Acts as passed by the House 
     and Senate as of October 1, 1997, for a continuing project 
     or activity which was conducted in fiscal year 1997 and 
     for which there is fiscal year 1998 funding included in 
     the budget request, the pertinent project or activity 
     shall be continued at a rate for operations not exceeding 
     the lesser of the rates that would be provided by the 
     amount of the budget request or the rate for current 
     operations under the authority and conditions provided in 
     the applicable appropriations Act for the fiscal year 
     1997.
       (b) Whenever the amount which would be made available or 
     the authority which would be granted under an Act listed in 
     this section as passed by the House as of October 1, 1997, is 
     different from that which would be available or granted under 
     such Act as passed by the Senate as of October 1, 1997, the 
     pertinent project or activity shall be continued at a rate 
     for operations not exceeding the current rate under the 
     appropriation, fund, or authority granted by the applicable 
     appropriations Act for the fiscal year 1998 and under the 
     authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1997: Provided, That 
     whenever the amount of the budget request is less than the 
     amount for current operations and the amounts which would be 
     made available or the authority which would be granted in 
     these appropriations Acts as passed by the House and the 
     Senate as of October 1, 1997, are both less than the amount 
     for current operations, then the pertinent project or 
     activity shall be continued at a rate for operations not 
     exceeding the greater of the rates that would be provided by 
     the amount of the budget request or the amount which would be 
     made available or the authority which would be granted in the 
     applicable appropriations Act as passed by the House or as 
     passed by the Senate under the appropriation, fund, or 
     authority provided in the applicable appropriations Act for 
     the fiscal year 1998 and under the authority and conditions 
     provided in the applicable appropriations Act for the fiscal 
     year 1997.
       (c) Whenever an Act listed in this section has been passed 
     by only the House or only the Senate as of October 1, 1997, 
     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 
     under the authority and conditions provided in the applicable 
     appropriations Act for the fiscal year 1997: Provided, That 
     whenever the amount of the budget request is less than the 
     amount for current operations and the amounts which would be 
     made available or the authority which would be granted in the 
     appropriations Act as passed by the one House as of October 
     1, 1997, is less than the amount for current operations, then 
     the pertinent project or activity shall be continued at a 
     rate for operations not exceeding the greater of the rates 
     that would be provided by the amount of the budget request or 
     the amount which would be made available or the authority 
     which would be granted in the applicable appropriations Act 
     as passed by the one House under the appropriation, fund, or 
     authority provided in the applicable appropriations Act for 
     the fiscal year 1998 and under the authority and conditions 
     provided in the applicable appropriations Act for the fiscal 
     year 1997: Provided further, That whenever there is no amount 
     made available under any of these appropriations Acts as 
     passed by the House or the Senate as of October 1, 1997, for 
     a continuing project or activity which was conducted in 
     fiscal year 1997 and for which there is fiscal year 1998 
     funding included in the budget request, the pertinent project 
     or activity shall be continued at a rate for operations not 
     exceeding the lesser of the rates that would be provided by 
     the amount of the budget request or the rate for current 
     operations under the authority and conditions provided in the 
     applicable appropriations Act for the fiscal year 1997.
       Sec. 102. No appropriation or funds made available or 
     authority granted pursuant to section 101 for the Department 
     of Defense shall be used for new production of items not 
     funded for production in fiscal year 1997 or prior years, for 
     the increase in production rates above those sustained with 
     fiscal year 1997 funds, or to initiate, resume, or continue 
     any project, activity, operation, or organization which are 
     defined as any project, subproject, activity, budget 
     activity, program element, and subprogram within a program 
     element and for investment items are further defined as a P-1 
     line item in a budget activity within an appropriation 
     account and an R-1 line item which includes a program element 
     and subprogram element within an appropriation account, for 
     which appropriations, funds, or other authority were not 
     available during the fiscal year 1997: Provided, That no 
     appropriation or funds made available or authority granted 
     pursuant to section 101 for the Department of Defense shall 
     be used to initiate multi-year procurements utilizing advance 
     procurement funding for economic order quantity procurement 
     unless specifically appropriated later.
       Sec. 103. 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. 104. 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 1997.
       Sec. 105. No provision which is included in an 
     appropriations Act enumerated in section

[[Page H8098]]

     101 but which was not included in the applicable 
     appropriations Act for fiscal year 1997 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 joint resolution.
       Sec. 106. Unless otherwise provided for in this joint 
     resolution or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this joint resolution shall be available until 
     (a) enactment into law of an appropriation for any project or 
     activity provided for in this joint resolution, or (b) the 
     enactment into law of the applicable appropriations Act by 
     both Houses without any provision for such project or 
     activity, or (c) October 23, 1997, whichever first occurs.
       Sec. 107. Appropriations made and authority granted 
     pursuant to this joint resolution 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 joint 
     resolution.
       Sec. 108. Expenditures made pursuant to this joint 
     resolution 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. 109. No provision in the appropriations Act for the 
     fiscal year 1998 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 joint resolution.
       Sec. 110. Appropriations and funds made available by or 
     authority granted pursuant to this joint resolution 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. 111. This joint resolution shall be implemented so 
     that only the most limited funding action of that permitted 
     in the joint resolution shall be taken in order to provide 
     for continuation of projects and activities.
       Sec. 112. Notwithstanding any other provision of this joint 
     resolution, except section 106, for those programs that had 
     high initial rates of operation or complete distribution of 
     fiscal year 1997 appropriations at the beginning of that 
     fiscal year because of distributions of funding to States, 
     foreign countries, grantees or others, similar distributions 
     of funds for fiscal year 1998 shall not be made and no grants 
     shall be awarded for such programs funded by this resolution 
     that would impinge on final funding prerogatives.
       Sec. 113. Notwithstanding any other provision of this joint 
     resolution, except section 106, the amount made available to 
     the Securities and Exchange Commission, under the heading 
     Salaries and Expenses, shall include, in addition to direct 
     appropriations, the amount it collects under the fee rate and 
     offsetting collection authority contained in Public Law 104-
     208, which fee rate and offsetting collection authority shall 
     reman in effect during the period of this joint resolution.
       Sec. 114. Notwithstanding any other provision of this joint 
     resolution, except section 106, the rate for operations for 
     projects and activities that would be funded under the 
     heading ``International Organizations and Conferences, 
     Contributions to International Organizations'' in the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998, shall be the 
     amount provided by the provisions of section 101 multiplied 
     by the ratio of the number of days covered by this resolution 
     to 365.
       Sec. 115. Notwithstanding any other provision of this joint 
     resolution, except section 106, the amounts made available 
     for the following new programs authorized by the National 
     Capital Revitalization and Self-Government Act of 1997, 
     Public Law 105-33, shall be the higher of the amounts in the 
     budget request or the House or Senate District of Columbia 
     Appropriations Act, 1998, passed as of October 1, 1997, 
     multiplied by the ratio of the number of days covered by this 
     joint resolution to 365: Federal Contribution to the 
     Operations of the Nation's Capital; Federal Payment to the 
     District of Columbia Corrections Trustee Operations; Payment 
     to the District of Columbia Corrections Trustee for 
     Correctional Facilities, Construction and Repair, and Federal 
     Payment to the District of Columbia Criminal Justice System: 
     Provided, That the amounts made available for the last item 
     shall be made available to the Joint Committee on Judicial 
     Administration in the District of Columbia; the District of 
     Columbia Truth in Sentencing Commission; the Pretrial 
     Services, Defense Services, Parole, Adult Probation, and 
     Offender Supervision Trustee; and the United States Parole 
     Commission as appropriate.
       Sec. 116. Notwithstanding any other provision of this joint 
     resolution, except section 106, the authorities provided 
     under subsection (a) of section 140 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236) shall remain in effect during the period of this 
     Act, notwithstanding paragraphs (3) and (5) of said 
     subsection.
       Sec. 117. Notwithstanding any other provision of this joint 
     resolution, except section 106, the authorities provided 
     under 217 of the Immigration and Nationality Act (8 U.S.C. 
     1187) shall remain in effect during the period of this joint 
     resolution, notwithstanding subsection (f) of said section.
       Sec. 118. The National Flood Insurance Act of 1968 (42 
     U.S.C. 4026) is amended in section 1319 by striking 
     ``September 30, 1997'' and inserting ``October 23, 1997'' and 
     in section 1336 by striking ``September 30, 1996'' and 
     inserting ``October 23, 1997''.
       Sec. 119. Notwithstanding section 204 of the Financial 
     Responsibility and Management Assistance Act of 1995 related 
     to the latest maturity date for the short-term Treasury 
     advances, the District of Columbia government may delay 
     repayment of the 1997 Treasury advances beyond October 1, 
     1997 until it receives the full year Federal contribution, as 
     authorized by section 11601 of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     Public Law 105-33. Any interest or penalties that would 
     generally apply to such late payments are hereby waived under 
     this provision
       Sec. 120. In addition to the amounts made available for the 
     Veterans Health Administration, Medical Care account pursuant 
     to section 101 of this joint resolution, this account is also 
     available for necessary administrative and legal expenses of 
     the Department for collecting and removing amounts owed the 
     Department as authorized under 38 U.S.C. chapter 17, and the 
     Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.
       Sec. 121. Notwithstanding section 235(a)(3) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2195(a)(3)), the authority 
     of section 235(a)(1) and (2), of the same Act, shall remain 
     in effect during the period of this joint resolution.
       Sec. 122. Section 7 of the Export-Import Bank Act of 1945 
     (12 U.S.C. 635f) is amended by striking ``1997'' and 
     inserting ``October 23, 1997''.
       Sec. 123. Section 506(c) of Public Law 103-317 is amended 
     by striking ``September 30, 1997'' and inserting ``October 
     23, 1997''.

  The SPEAKER pro tempore. Pursuant to the order of the House of 
Friday, September 26, 1997, the gentleman from Louisiana [Mr. 
Livingston] and the gentleman from Wisconsin [Mr. Obey] each will 
control 30 minutes.
  The Chair recognizes the gentleman from Louisiana [Mr. Livingston].


                             General Leave

  Mr. LIVINGSTON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on House Joint Resolution 94 and that I might include tabular and 
extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. LIVINGSTON. Mr. Speaker, as a matter of a point of order, I would 
like to make sure I understood properly.

                              {time}  1730

  Mr. Speaker, did the Chair say that each side would be provided with 
30 minutes to debate this issue?
  The SPEAKER pro tempore (Mr. Ewing). The gentleman is correct. The 
gentleman from Louisiana [Mr. Livingston] will control 30 minutes and 
the gentleman from Wisconsin [Mr. Obey] will control 30 minutes.
  Mr. LIVINGSTON. Mr. Speaker, I certainly do not anticipate using that 
time, but I ask unanimous consent that we each cede 5 minutes to the 
gentleman from California [Mr. Rohrabacher], who has a concern about a 
provision in the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from California [Mr. 
Rohrabacher] will control 10 minutes.
  (Mr. LIVINGSTON asked and was given permission to revise and extend 
his remarks.)
  Mr. LIVINGSTON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, fiscal year 1998 begins tomorrow. The Congress has not 
presented all 13 regular appropriations bills to the President. Because 
these bills will not be enacted by tomorrow night, it is necessary now 
to proceed with a short term continuing resolution, and I emphasize 
that, short-term continuing resolution so that the Government can 
continue to operate while we finish our work.
  Currently we have concluded a conference on five bills and six more 
are in conference and we are making good progress, but we need a little 
bit more time.
  While I wish I were here today speaking on the last of the 13 
conference reports that we will need to approve, unfortunately, I am 
not. But I am also not here to despair that the process is broken and 
that we are facing a stalemate or Government shutdown. Even though we 
are here with a continuing

[[Page H8099]]

resolution, this resolution will be signed and we will get our 
appropriations work completed in the near future.
  Why are we not finished? Well, last year we passed our first bill on 
May 30, and this year we passed our first bill on July 8. This year, we 
withheld action on our appropriations bills pending the disposition of 
the budget agreement. It took awhile, but it finally came. And though 
we started late, it was worth it because the agreement gave us the 
confidence to develop bills within an overall funding agreement. This 
is also the reason that I believe we will be able to get our work 
completed in the near future.
  This continuing resolution is slightly different than those of the 
past. The basic rate is the current rate of 1997 bills. Previous ones 
used were slightly more restrictive rates. However, this should not 
jeopardize final funding rates because the continuing resolution is a 
short-term one, and we take precautions to lower or restrict those 
current rates that might be too high or higher than finally agreed to. 
Also, the traditional restrictions such as no new starts and 1997 terms 
and conditions are included. The expiration date is October 23, 1997, 
and that should give us time to complete our work.
  Earlier this year there was extensive debate about enacting an 
automatic continuing resolution so that we would not have to be here 
now on this bill. The argument went something like: If there is an 
automatic continuing resolution, then there will never be a 
controversial rider attached to a short-term continuing resolution that 
will cause a Government shutdown. My answer to that is if we do not 
want a Government shutdown, then develop noncontroversial continuing 
resolutions. Besides, if any of the proposed automatic continuing 
resolutions, or CR's, had been enacted, we would still be here today 
because we would have needed some additional provisions because of 
funding anomalies.
  Every CR that has ever been developed has had anomalies; it is just 
the nature of the beast. Account structures change, new initiatives 
need to be started, restrictions need to be imposed. Every CR needs to 
be fine-tuned for each circumstance. Automatic pilots will not work. 
Good-faith negotiations will work, and Government shutdowns do not need 
to occur in those situations.
  I should point out that there is a provision in this CR that extends 
section 245(i) of the Immigration and Nationality Act for 23 days. 
There is some controversy about extending this provision, as will be 
noted by the gentleman from California [Mr. Rohrabacher]. This CR would 
only provide a very limited extension, though, to that provision that 
would otherwise expire tomorrow night. This should give the Congress 
time to address this matter in a more direct way, given the fact that 
we are extending it only for 3 weeks. For this reason, we have included 
it in this continuing resolution.
  Mr. Speaker, while I am disappointed that we have to be here at all 
with a continuing resolution, this is the right kind of a short-term CR 
that we should be doing. It will be signed, and we can complete our 
work, so I urge adoption of the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Maryland [Mr. Hoyer].
  Mr. HOYER. Mr. Speaker, I thank my friend, the gentleman from 
Wisconsin [Mr. Obey], the distinguished ranking member of the Committee 
on Appropriations, and I rise to congratulate the gentleman from 
Louisiana [Mr. Livingston], the chairman of the Committee on 
Appropriations, and the ranking member.
  Clearly, for those of us who represent large numbers of Federal 
employees, September 30 is always a traumatic day for them to face. In 
fact I think both sides of the aisle have agreed that we are not going 
to put them at risk as we move through the appropriations process 
trying to get our work done on time, and I just wanted to come to the 
floor to say that I, for one, and I know all of the other Members on 
both sides appreciate the fact that we are moving on when nobody 
intends to shut down the Federal Government, to do our business, to 
resolve our differences in an orderly and productive fashion. I thank 
the chairman and I thank the ranking member for this time.
  Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may 
consume.
  Included in this continuing resolution is a 3-week extension of a 
temporary provision of the Immigration and Nationality Act known as 
section 245(i). This provision was snuck into the law 3 years ago. If 
we do not permit it to expire, it will destroy the integrity of the 
legal immigration process into the United States and nullify the 
Illegal Immigration Reform Act that we just passed last year.
  Three years ago the Democrat leadership engaged in an undemocratic 
tactic to get this provision into law. At that time I begged the 
Committee on Rules not to waive points of order against putting into 
our immigration law section 245(i), or what I called the Kennedy 
loophole. This provision, establishing a 3-year period in which illegal 
aliens could become legal while staying in the United States, was not 
considered separately by either House of the Congress, but instead was 
inserted during conference negotiations on the Commerce, Justice, and 
State, the Judiciary, and related agencies appropriations bill.
  To date, there has only been one time in which either Chamber has 
voted on this provision. That was when the House adopted my amendment 
last year to repeal 245(i) a year before it was scheduled to expire on 
September 30, 1997. Ultimately, the conferees dropped my amendment, 
which, of course, was the only one that was ever voted on in this 
House, arguing that the other provisions of the Illegal Immigration 
Reform Act were being phased in and that 245(i) would expire anyway. I 
was stunned to learn that the continuing resolution, this continuing 
resolution, provides for an extension of 245(i).
  Mr. Speaker, there are several reasons why 245(i) are bad for this 
country, and our Members should know about this. Number one, it 
contradicts the Illegal Immigration Reform Act passed last year by 
inviting people who are illegally in this country to participate in a 
system that will encourage even more people to come illegally into this 
country.
  Mr. Speaker, 245(i) rewards individuals who either snuck across our 
borders or who overstayed their visas by allowing them to pay $1,000 to 
the INS and have their status changed from illegal to legal. This is 
blatantly unfair to the millions of people around the world who abide 
by our laws, go through the proper screening process, and they are 
doing this in their own countries, they are waiting in line there, and 
wait their turn to become American residents.
  Mr. Speaker, 245(i) is a slap in the face to these people who are 
obeying our laws and trying to come here legally. It makes a joke out 
of our legal immigration system and sends the clear message that if one 
is abiding by our laws and waiting one's turn in their own country to 
come here, that person is a fool. Why wait one's turn in one's own 
country when one can break the laws of the United States, come here and 
pay $1,000 and basically be moved to the front of the line.
  Extending 245(i) also raises serious national security questions. 
Unlike those who enter the United States legally, 245(i) applicants are 
not required to go through the same criminal history checks as they do 
go through in their home countries when they are awaiting their turn to 
come here legally.
  Consular officers located in the applicant's home country, along with 
foreign national employees working for the State Department, are in the 
best position to determine if an applicant has a criminal background or 
is some kind of a national security risk. Consulates abroad are more 
knowledgeable. They speak the local language; they know the different 
criminal justice systems in those countries. They are the ones who 
should be screening people before they come to the United States, so 
that we do not have criminals and terrorists coming to the United 
States, not being screened, and end up paying $1,000 to be put in the 
front of the line.
  This is absurd that we are doing this, and again, the only time we 
voted on this, we voted it down.

[[Page H8100]]

  Those who support the extension of 245(i) maintain that allowing it 
to expire will force undue hardship on these illegal aliens by breaking 
up their families. Well, we are also breaking up the families of the 
people who are standing in line and have families here in the United 
States, who are waiting their turn and going through the legal 
processes. There are just as many families being broken up; we are just 
saying the people who come here illegally, we are going to care about 
them, but not the ones standing in line who want to come and join their 
families in the United States. Some of those people have been waiting 
years to come here legally.
  Proponents of 245(i) also maintain that the provision only applies to 
those who are already eligible for permanent resident status. The same 
millions of people around the world, by the way, we are talking about, 
they are eligible for permanent residency status. These people have 
been waiting in line and waiting in line. All we are doing, again, is 
we are picking the people who have broken the law to move to the head 
of the line and giving them benefits that we are not giving to people 
who are obeying the law and waiting their turn in line.
  It is time to be honest about this provision. The reason 245(i) still 
exists is because it raises money for the INS. Those are the people who 
get that $1,000; and it lightens the caseload of our consulates abroad. 
Funding for the INS, and lightening the State Department's workload, 
these are separate issues. Sneaking provisions into the law to 
encourage illegal immigration is not the way that we should raise money 
for the INS or lighten the workload for the State Department.
  Mr. Speaker, we are a nation of immigrants and the citizens of this 
country are a fair people and we welcome newcomers with open arms. This 
is not about legal immigration; this is about government-sponsored 
illegal activity so that the INS can make a buck.
  Last year we promised our constituents that we would no longer take 
their money to pay for an immigration system that is unfair, randomly 
applied and contradictory. We told our constituents that we would no 
longer support a system which rewards those who break our law. That was 
the essence of what we were trying to do. We promised them that this 
country's immigration system would embody the principles that have 
drawn would-be Americans to our country for centuries, meaning fairness 
and equity.
  Are we going to extend this provision which makes a mockery of 
fairness and equity? Are we going to break the promise that we made to 
the American people and provide this incredible loophole, in which 
hundreds of thousands if not over 1 million people who are in this 
country legally will be able to stay in this country at the expense of 
other people who have been waiting in line, waiting their legal turn?

                              {time}  1745

  Mr. Speaker, I ask my colleagues to consider voting ``no'' on the 
concurrent resolution.
  Mr. Speaker, I yield 1 minute to my friend, the gentleman from San 
Diego, CA [Mr. Horn].
  Mr. HORN. Mr. Speaker, I would like to congratulate the gentleman 
from California [Mr. Rohrabacher] for the eloquence with which he has 
approached this subject. He is absolutely correct on every single 
point. It is shameful to have this provision in, where people illegally 
here, by paying $1,000 or whatever, can now get into this country.
  The gentleman is also correct, when we go around the world and see 
many of our friends in the Philippines, for example, long, long lines. 
They have pursued immigration here legally. This undercuts, of course, 
what we did in Simpson-Mazzoli, long before I got here. As everybody in 
this Chamber knows, it was a great law, but the implementation was 
gutted.
  The result of that is that people come here illegally, and gain us 
more congressional districts in California, I will say to my friends 
east of the Sierras. If they do not want to help us on this, just plan 
on losing a few more seats out of New York, Pennsylvania, Kentucky. 
Last time I think we took two from Pennsylvania, one from Kentucky, and 
so on. So we need the Members' help. It is wrong. Let us straighten it 
out today.
  Mr. ROHRABACHER. Mr. Speaker, I yield 30 seconds to the gentleman 
from California [Mr. Bilbray].
  Mr. BILBRAY. Mr. Speaker, this is an issue of fairness and of common 
sense. I know those words may seem extreme to some people in this 
House. Fairness is the issue. There are people who are playing by the 
rules waiting to enter this country legally. They do not get an option 
to buy their way into a fast track.
  Common sense says we do not reward people for breaking the law, and 
do not give them vehicles for people breaking the law that are not 
available to those who play by the rules. I want every Member here who 
voted for the immigration reform bill last year to remember this 
provision is a veto of the most commonsense part of that bill that says 
we will stop rewarding people for breaking our laws and coming here 
illegally.
  Mr. ROHRABACHER. Mr. Speaker, I yield 1 minute to the gentleman from 
San Diego, [Mr. Duke Cunningham]. Perhaps if he has some other things 
to say some other Members might yield him another minute or two.
  Mr. CUNNINGHAM. Mr. Speaker, first of all, we need to differentiate 
between legal and illegal. The United States of America has more legal 
entrants than all the other countries put together. That is good. 
However, where we must draw the line is illegal immigration. It is 
beyond me. The thing that both sides of the aisle fight over all the 
time is legislation that slips in in the dark of night, when no one is 
around, by unanimous consent. That is how this was put into this bill.
  That is wrong, Mr. Speaker. This provision to allow illegals to 
remain in this country, the only thing they should have is a ticket out 
of here, illegals out of the United States of America, period. If we 
take a look at how over the period of time that immigration has 
rewarded the United States, that is good.
  I just returned from the Philippines. The State Department is 
overwhelmed by visas from people trying to come into this country 
legally. We need to support that, Mr. Speaker, and take out this 
provision. We do not have the votes to beat this, but we should have an 
up-or-down vote on this provision.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, I would simply say, this is not a piece of legislation 
to extend the Immigration Service. This is a piece of legislation to 
keep the Government open so we do not shut down the Government, either 
on purpose or by accident.
  I would point out that the fiscal year starts in 2 days, and there 
are only 9 legislative days left between now and the expiration of the 
concurrent resolution, which we now have before us. So I think we need 
to find the fastest possible way to resolve differences and finish 
these bills.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LIVINGSTON. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, I simply would add that the gentleman from Wisconsin 
[Mr. Obey] is absolutely correct. This is a bill which extends the 
opportunity for Government to keep from shutting down because those 
appropriations bills which have not yet been signed into law can and 
will be within the 3 weeks allotted by this bill.
  The fact that the immigration issue is involved only extends what has 
been lawful for the last several years for 3 specific weeks. In that 3 
weeks, I hope that the opponents of these provisions can meet their 
demands and satisfy their concerns.
  In any event, Mr. Speaker, I urge the adoption of this continuing 
resolution.
  Mr. QUINN. Mr. Speaker, I would like to express my support for House 
Joint Resolution 94, making continuing appropriations for the fiscal 
year ending September 30, 1997.
  This resolution provides temporary funding, beginning October 1, 
1997, and lasting until either October 23 or when the relevant bill is 
singed into law, whichever comes first. The continuing resolution funds 
ongoing projects at current rates, except for those for which both the 
President and Congress have proposed reduced funding.
  The joint resolution also allows payment for the administrative costs 
of the user fee program of the Veterans Administrative Medicare Care 
Program.
  This short-term measure would allow the Congress to continue its 
important work of passing appropriations bills while not dangerously 
bringing the Government to a halt. I

[[Page H8101]]

strongly opposed the Government shutdowns of 1995 and 1996, as it had a 
direct effect on many of my constituents in western New York.
  Last year, many Federal workers in my district were forced to stay 
home from work and did not receive a paycheck for months. This 
resolution will see to it that this type of situation is averted. Many 
of my constituents also were unable to obtain passports, iron out 
problems with their deserved benefits, or enjoy visiting our national 
parks while on vacation.
  The SPEAKER pro tempore (Mr. Ewing). All time for debate has expired.
  The joint resolution is considered as having been read for amendment.
  Pursuant to the order of the House of Friday, September 26, 1997, the 
previous question is ordered.
  The question is on the engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.
  The SPEAKER pro tempore. The question is on the passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. ROHRABACHER. Mr. Speaker, on that I demand a recorded vote.
  A recorded vote was refused.
  Mr. ROHRABACHER. 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 355, 
nays 57, not voting 21, as follows:

                             [Roll No. 461]

                               YEAS--355

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baldacci
     Ballenger
     Barrett (NE)
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Capps
     Cardin
     Carson
     Castle
     Chabot
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Cook
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fawell
     Fazio
     Filner
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Ganske
     Gejdenson
     Gekas
     Gibbons
     Gilchrest
     Gilman
     Goodlatte
     Goodling
     Gordon
     Goss
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hamilton
     Hansen
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hill
     Hilliard
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Latham
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDade
     McDermott
     McGovern
     McHale
     McHugh
     McIntosh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mica
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Moakley
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Nethercutt
     Ney
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Packard
     Pappas
     Parker
     Pascrell
     Pastor
     Paxon
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Radanovich
     Rahall
     Ramstad
     Redmond
     Regula
     Reyes
     Riggs
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Ryun
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schumer
     Scott
     Serrano
     Sessions
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stokes
     Strickland
     Stupak
     Sununu
     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Torres
     Towns
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Waters
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wicker
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (AK)

                                NAYS--57

     Baker
     Barr
     Bartlett
     Barton
     Bilbray
     Bono
     Campbell
     Chambliss
     Chenoweth
     Coble
     Coburn
     Collins
     Combest
     Cubin
     Deal
     DeLay
     Doolittle
     Duncan
     Everett
     Ewing
     Gallegly
     Gillmor
     Goode
     Graham
     Hall (TX)
     Hayworth
     Hefley
     Herger
     Hilleary
     Horn
     Hunter
     Jones
     Largent
     Manzullo
     McInnis
     McKeon
     Metcalf
     Neumann
     Norwood
     Paul
     Pickett
     Riley
     Rohrabacher
     Roukema
     Royce
     Salmon
     Sanford
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sensenbrenner
     Shadegg
     Stearns
     Stump
     Taylor (MS)
     Traficant
     Wamp

                             NOT VOTING--21

     Barcia
     Conyers
     Cooksey
     Ensign
     Fattah
     Flake
     Foglietta
     Gephardt
     Gonzalez
     Harman
     Hefner
     Hinchey
     Jenkins
     Neal
     Pallone
     Quinn
     Rangel
     Schiff
     Stenholm
     Watkins
     Young (FL)

                              {time}  1809

  Mr. McINNIS, Mr. MANZULLO, Mrs. CHENOWETH, and Mr. Campbell changed 
their vote from ``yea'' to ``nay.''
  Mr. HASTINGS of Florida and Mr. SANDLIN changed their vote from 
``nay'' to ``yea.''
  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________