[House Report 105-641]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-641
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PROVIDING FOR THE CONSIDERATION OF H.R. 4276, THE COMMERCE, JUSTICE,
STATE, THE JUDICIARY AND RELATED AGENCIES APPROPRIATIONS BILL FOR
FISCAL YEAR 1999
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July 22, 1998.--Referred to the House Calendar and ordered to be
printed
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Mr. Linder, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 508]
The Committee on Rules, having had under consideration
House Resolution 508, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
brief summary of provisions of resolution
The resolution provides for consideration of H.R. 4276, the
``Commerce, Justice, State, the Judiciary and Related Agencies
Appropriations Bill for Fiscal Year 1999'' under an open rule.
The rule provides one hour of general debate equally divided
between the chairman and ranking minority member of the
Committee on Appropriations.
The rule waives points of order against consideration of
the bill for failure to comply with clause 2(l)(6) of rule XI
(requiring a three-day layover of the committee report), clause
7 of rule XXI (requiring relevant printed hearings and reports
to be available for three-days prior to the consideration of a
general appropriations bill) and section 401(a) of the Budget
Act (prohibiting consideration of legislation, as reported,
providing new contract, borrowing or credit authority that is
not limited to amounts provided in appropriation acts). The
rule further waives points of order against provisions in the
bill for failure to comply with clause 2 (prohibiting
unauthorized appropriations and legislative provisions in an
appropriations bill) and clause 6 (prohibiting reappropriations
in a general appropriations bill) of rule XXI.
The rule provides for consideration of the amendments
printed in this report, which may only be offered by a Member
designated in this report and only at the appropriate point in
the reading of the bill, shall be considered as read, shall be
debatable for the time specified and shall not be subject to
further amendment or to a demand for a division of the
question. The rule also waives all points of order against the
amendments printed in this report.
The rule permits the Chairman of the Committee of the Whole
to accord priority in recognition to those Members who have
preprinted their amendments in the Congressional Record prior
to their consideration. The rule further allows the Chairman of
the Committee of the Whole to postpone recorded votes and to
reduce to five minutes the voting time on any postponed
question, provided voting time on the first in any series of
questions in not less than 15 minutes.
Finally, the rule provides one motion to recommit, with or
without instructions.
summary of amendments made in order under the rule
Mollohan--Substitute Bureau of the Census language which
does the following: strikes language in the bill that fences
half of the FY 1999 appropriation for the decennial census
until subsequent legislation releasing the funds is enacted;
facilitates resolution by the courts of constitutional and
legal issues surrounding the census; and enlists the aid of the
National Academy of Sciences to help resolve technical
statistical issues of census methodology. (60 minutes)
Callahan--Provides jurisdictional parity for fisheries
enforcement for the states of Alabama, Louisiana and
Mississippi with the states of Florida and Texas by replacing
the nine mile provisions contained in the bill with ``3 marine
leagues,'' the actual amount of state jurisdiction currently
enjoyed by Texas and Florida, and establishes July 1, 1999 as
the effective date for this provision. (20 minutes)
Hefley--Prevents the use of funds in this act or any other
act from being used to implement, administer or enforce
Executive Order 13086 of May 28, 1998. The executive order
amends a 1969 executive order by adding ``sexual orientation''
as a new category to civil rights laws as they apply to federal
workers and federal grant recipients. Prevents the use of funds
in this act or any other act from being used to implement,
administer or enforce Executive Order 13083, titled Federalism,
of May 14, 1998. (20 minutes)
Amendments made in order under the rule:
An Amendment To Be Offered by Representative Mr. Mollohan of West
Virginia, or a Designee. Debatable for 60 Minutes
Page 45, strike lines 9 through 19 and insert the
following:
Provided, That the Bureau of the Census may use funds
appropriated in this Act to continue to plan, test, and prepare
to implement a 2000 decennial census that uses statistical
sampling methods to improve the accuracy of the enumeration,
consistent with the recommendations of the National Academy of
Sciences made in response to Public Law 102-135, unless the
Supreme Court of the United States rules that these methods are
contrary to the Constitution of the United States or title 13
of the United States Code: Provided further, That the Bureau of
the Census shall also continue to plan, test, and become
prepared to implement a 2000 decennial census without using
statistical methods, in accordance with the first sentence of
section 209(j) of Public Law 105-119, until the Supreme Court
has issued decisions in or otherwise disposed of all cases
brought pursuant to section 209(b) of Public Law 105-119 and
pending as of July 15, 1998 (or the time for appealing such
cases to the Supreme Court has expired), and shall continue
such preparations beyond that date only if the Supreme Court
has held statistical sampling methods to be contrary to the
Constitution or such title 13: Provided further, That the
National Academy of Sciences is requested to review the current
plans of the Bureau of the Census to conduct the decennial
census using statistical sampling methods and report to the
Congress, not later than March 1, 1999, regarding whether these
plans are consistent with past recommendations made by the
Academy, and whether, in the judgment of the Academy (or an
appropriate expert committee thereof), these plans represent
the most feasible means of producing the most accurate
determination possible of the actual population.
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An Amendment To Be Offered by Representative Mr. Callahan of Alabama,
or a Designee. Debatable for 20 Minutes
Page 62, beginning at line 15, strike section 210 and
insert the following:
Sec. 210. (a) In General.--Each of the States of Alabama,
Louisiana, and Mississippi has exclusive fishery management
authority over all fish in the Gulf of Mexico within 3 leagues
of the coast of that State, effective July 1, 1999.
(b) Fish Defined.--In this section, the term ``fish'' means
finfish, mollusks, crustaceans, and all other forms of marine
animal and plant life other than marine mammals and birds.
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An Amendment To Be Offered by Representative Mr. Hefley of Colorado, or
a Designee. Debatable for 20 Minutes
At the end of the bill, insert after the last section
(preceding the short title) the following:
TITLE IX--ADDITIONAL GENERAL PROVISIONS
Sec. 901. None of the funds made available in this or any
other Act may be used to implement, administer, or enforce
Executive Order 13087 of May 28, 1998 (63 Fed. Reg. 30097) or
Executive Order 13083 of May 14, 1998 (63 Fed. Reg. 27651).