[House Report 105-641]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-641
_______________________________________________________________________


 
 PROVIDING FOR THE CONSIDERATION OF H.R. 4276, THE COMMERCE, JUSTICE, 
   STATE, THE JUDICIARY AND RELATED AGENCIES APPROPRIATIONS BILL FOR 
                            FISCAL YEAR 1999

                                _______
                                

   July 22, 1998.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    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.
                              ----------                              


 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.
                              ----------                              


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).

                                
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