JOURNAL OF THE

1006

T80.12 JUNE 15

preceding fiscal year under this subsection,

section 3(d)(2)(C) of the Act of September 30,

1950 (Public Law 874, 81st Congress), or section 8003(d) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7703(d)); by

(B) the number of students described in

section 8003(d)(1)(B) of such Act in average

daily attendance in the second preceding fiscal year; and

(2) the number of such students in average

daily attendance of each local educational

agency in the fiscal year preceding the fiscal

year in which the payment is being made.

(d) HEAVILY IMPACTED ASSISTANCE.—(1)

Each local educational agency described in

subsection (a) shall also be eligible for heavily impacted assistance if—

(A) the local educational agency—

(i) had an enrollment of students described

in subparagraphs (B) and (D) of section

8003(a)(1) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7703(a)(1))

during the previous fiscal year, the number

of which constituted at least 40 percent of

the total student enrollment of such agency;

and

(ii) has a tax rate for general fund purposes

which is at least 95 percent of the average

tax rate for general fund purposes of comparable educational agencies in the State; or

(B) the local educational agency—

(i) had an enrollment of students described

in subparagraphs (B) and (D) of section

8003(a)(1) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7703(a)(1))

during the previous fiscal year, the number

of which constituted at least 35 percent of

the total student enrollment of such agency;

and

(ii) has a tax rate for general fund purposes

which is at least 125 percent of the average

tax rate for general fund purposes of comparable educational agencies in the State.

(2)(A) For each local educational agency

described in paragraph (1), payments for each

year shall be computed by first determining

the greater of—

(i) the average per-pupil expenditure of the

State in which the agency is located; or

(ii) the average per-pupil expenditure of all

the States.

(B) The Secretary shall next subtract from

the amount determined under subparagraph

(A) the average amount of State aid per

pupil received for that year by each local

educational agency described in paragraph

(1).

(C) For each local educational agency described in paragraph (1), the Secretary shall

multiply the amount determined under subparagraph (B) by the total number of students described in subparagraphs (B) and (D)

of section 8003(a)(1) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C.

7703(a)(1)) in average daily attendance for

that year.

(D) Finally, the Secretary shall reduce the

amount determined under subparagraph (C)

for a local educational agency for a fiscal

year by the total amount of—

(i) all payments the local educational

agency receives under subsections (b) and (c)

for that year; and

(ii) any payments actually received under

section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703)

for that year.

(3) Notwithstanding any other provision of

this section, a local educational agency that

actually receives funds under section 8003(f)

of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7703(f)) for a fiscal year

shall be eligible to receive funds under this

subsection only after the full amount computed under paragraph (2) has been paid to

all local educational agencies described in

paragraph (1) that do not receive funds under

such section for that fiscal year.

(4) For purposes of providing assistance

under this subsection, the Secretary shall

use student and revenue data from the local

educational agency for the fiscal year for

which the agency is applying for assistance.

(5) For purposes of this subsection, the

Secretary shall determine the current year

State average per-pupil expenditure by increasing or decreasing the per-pupil expenditure data for the second preceding fiscal year

by the same percentage increase or decrease

reflected between the per-pupil expenditure

data for the fourth preceding fiscal year and

the per-pupil expenditure data for the second

preceding fiscal year.

(6) For purposes of this subsection, the

term ‘‘average per-pupil expenditure’’ means

the aggregate current expenditures of all

local educational agencies in the State, divided by the total number of children in average daily attendance for whom such agencies provided free public education.

(e) PROHIBITION ON MULTIPLE PAYMENTS.—

(1) Amounts received by a local educational

agency under subsection (d) in a fiscal year,

when added to amounts actually received

under section 8003(f) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C.

7703(f)) for that year, may not exceed the

amount the agency would have received

under such section had assistance under such

section been fully funded.

(2) Amounts received by a local educational agency under subsection (c) in a fiscal year, when added to amounts actually received under section 8003(d) of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7703(d)) for that year, may not exceed

the amount the agency would have received

under such section had assistance under such

section been fully funded.

(3) Amounts received by a local educational agency under subsection (b) in a fiscal year, when added to amounts actually received under section 8003(b) of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7703(b)) for that year, may not exceed

the amount the agency would have received

under such section had assistance under such

section been fully funded.

(f) PRORATION OF AMOUNTS.—If necessary

due to insufficient funds to carry out this

section, the Secretary shall ratably reduce

payments under subsections (b), (c), and (d).

(g) COOPERATION.—The Secretary of Education shall assist the Secretary of Defense

in gathering such information from the local

education agencies and State educational

agencies as may be needed in order to carry

out this section.

(h) FUNDS FOR FISCAL YEAR 1996.—The

amount provided in section 301(5) for operation and maintenance for Defense-wide activities is hereby increased by $100,000,000. Of

the funds corresponding to such increase—

(1) $50,000,000 shall be available for payments under subsection (b) in fiscal year

1996;

(2) $10,000,000 shall be available for payments under subsection (c) in fiscal year

1996; and

(3) $40,000,000 shall be available for payments under subsection (d) in fiscal year

1996.

After debate,

By unanimous consent, the previous

question was ordered on the motion to

recommit with instructions.

The question being put, viva voce,

Will the House recommit said bill

with instructions?

The SPEAKER pro tempore, Mr.

HAYWORTH, announced that the nays

had it.

Mr. DELLUMS demanded a recorded

vote on the said motion to recommit,

which demand was supported by onefifth of a quorum, so a recorded vote

was ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 188 ! negative ....................... Nays ...... 239

T80.12 [Roll No. 384]

AYES—188

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bishop

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Christensen

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Geren

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hamilton

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Matsui

McCarthy

McDermott

McHale

McKinney

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moakley

Montgomery

Moran

Nadler

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Pickett

Pomeroy

Porter

Poshard

Rahall

Rangel

Reed

Reynolds

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Sisisky

Skaggs

Skelton

Slaughter

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Tanner

Taylor (MS)

Tejeda

Thompson

Thurman

Torres

Torricelli

Towns

Traficant

Tucker

Velazquez

Vento

Visclosky

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wyden

Wynn

NOES—239

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bevill

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Cooley

Cox

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

Deal

DeLay

Diaz-Balart

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen
HOUSE OF REPRESENTATIVES

1007

1995 T80.17

Frisa

Funderburk

Gallegly

Ganske

Gekas

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kanjorski

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

Mascara

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Molinari

Mollohan

Moorhead

Morella

Murtha

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Petri

Pombo

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stockman

Stump

Talent

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOT VOTING—7

Chapman

Dickey

Flake

Kleczka

McNulty

Thornton

Yates

So the motion to recommit with instructions was not agreed to.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

HAYWORTH, announced that the yeas

had it.

Mr. WELDON of Pennsylvania demanded a recorded vote on passage of

said bill which demand was supported

by one-fifth of a quorum, so a recorded

vote was ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 300 ! affirmative ................... Nays ...... 126

T80.13 [Roll No. 385]

AYES—300

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bentsen

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Boucher

Brewster

Browder

Brown (FL)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Coleman

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

de la Garza

Deal

DeLauro

DeLay

Diaz-Balart

Dicks

Dixon

Dooley

Doolittle

Dornan

Dreier

Dunn

Edwards

Ehlers

Ehrlich

Emerson

Ensign

Everett

Ewing

Fawell

Fazio

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jefferson

Johnson (CT)

Johnson, E. B.

Johnson, Sam

Jones

Kaptur

Kasich

Kelly

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Knollenberg

Kolbe

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manton

Manzullo

Matsui

McCollum

McCrery

McDade

McHale

McHugh

McInnis

McIntosh

McKeon

Meek

Metcalf

Meyers

Mica

Miller (FL)

Mink

Molinari

Mollohan

Montgomery

Moorhead

Moran

Murtha

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Ortiz

Orton

Oxley

Packard

Parker

Pastor

Paxon

Payne (VA)

Peterson (FL)

Pickett

Pombo

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Regula

Richardson

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Royce

Salmon

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Scott

Seastrand

Shadegg

Shaw

Shuster

Sisisky

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Stump

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thornberry

Thurman

Tiahrt

Torkildsen

Torres

Traficant

Tucker

Upton

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

NOES—126

Barrett (WI)

Becerra

Beilenson

Berman

Bonior

Borski

Brown (CA)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clyburn

Collins (IL)

Collins (MI)

Coyne

Danner

DeFazio

Dellums

Deutsch

Dingell

Doggett

Doyle

Duncan

Durbin

Engel

English

Eshoo

Evans

Farr

Fattah

Fields (LA)

Filner

Foglietta

Ford

Frank (MA)

Franks (NJ)

Furse

Ganske

Gunderson

Gutierrez

Hastings (FL)

Hilliard

Hinchey

Jacobs

Johnson (SD)

Johnston

Kanjorski

Kennedy (MA)

Klink

Klug

LaFalce

Levin

Lewis (GA)

Lincoln

Lofgren

Lowey

Luther

Maloney

Markey

Martinez

Martini

Mascara

McCarthy

McDermott

McKinney

Meehan

Menendez

Mfume

Miller (CA)

Mineta

Minge

Moakley

Morella

Nadler

Neal

Oberstar

Obey

Olver

Owens

Pallone

Payne (NJ)

Pelosi

Peterson (MN)

Petri

Pomeroy

Rahall

Ramstad

Rangel

Reed

Reynolds

Rivers

Roemer

Roth

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Schroeder

Schumer

Sensenbrenner

Serrano

Shays

Skaggs

Slaughter

Stark

Stokes

Studds

Stupak

Thompson

Torricelli

Towns

Velazquez

Vento

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wyden

Wynn

Zimmer

NOT VOTING—8

Chapman

Conyers

Dickey

Flake

Kleczka

McNulty

Thornton

Yates

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T80.14 CLERK TO CORRECT ENGROSSMENT

On motion of Mr. SPENCE, by unanimous consent,

Ordered, That in the engrossment of

the foregoing bill the Clerk be authorized to correct section numbers, cross

references, and punctuation, and to

make such stylistic, clerical, technical,

conforming, and other changes as may

be necessary to reflect the actions of

the House in amending the bill.

T80.15 PROVIDING FOR THE

CONSIDERATION OF H.R. 1817

Mr. QUILLEN, by direction of the

Committee on Rules, reported (Rept.

No. 104–140) the resolution (H. Res. 167)

providing for the consideration of the

bill (H.R. 1817) making appropriations

for military construction for the Department of Defense for the fiscal year

ending September 30, 1996, and for

other purposes.

When said resolution and report were

referred to the House Calendar and ordered printed.

T80.16 PERMISSION TO FILE REPORT

On motion of Mr. CALLAHAN, the

Committee on Appropriations was

granted permission until midnight tonight to file a privileged report (Rept.

No. 104–143) on the bill (H.R. 1868) making appropriations for foreign operations, export financing, and related

programs for the fiscal year ending

September 30, 1996, and for other purposes.

Pursuant to clause 8, rule XXI, all

points of order were reserved.

T80.17 LEGISLATIVE BRANCH, FY 1996

Mr. PACKARD submitted a privileged report (Rept. No. 104–141) on the

bill (H.R. 1854) making appropriations

for the Legislative Branch for the fis-