JOURNAL OF THE

826

T75.4 JUNE 7

995. A letter from the Chairman, U.S. Sentencing Commission, transmitting the 1994

annual report of the activities of the Commission, pursuant to 28 U.S.C. 997; to the

Committee on the Judiciary.

996. A letter from the Chairman, Interstate

Commerce Commission, transmitting the

Commission’s report to Congress pursuant to

section 2(d) of the Negotiated Rates Act of

1993; to the Committee on Transportation

and Infrastructure.

997. A letter from the Secretary, Department of Energy, transmitting the 18th annual report on activities under the Electric

and Hybrid Vehicle Research, Development,

and Demonstration Act of 1976, pursuant to

15 U.S.C. 2513; to the Committee on Science.

998. A letter from the Assistant Secretary

for Legislative Affairs, Department of State,

transmitting a report on the transfer of

property to the Republic of Panama under

the Panama Canal Treaty of 1977 and related

agreements, pursuant to 22 U.S.C. 3784(b);

jointly, to the Committees on International

Relations and National Security.

999. A letter from the Secretary of Health

and Human Services, transmitting a report

on the initial estimate of the applicable percentage increase in inpatient hospital payment rates for fiscal year 1996, pursuant to

Public Law 101–508, section 4002(g)(1)(B) (104

Stat. 1388–36); jointly, to the Committee on

Committees on Ways and Means and Commerce.

1000. A letter from the Chairman, Board of

Governors, Federal Reserve System, transmitting the fifth in a series of annual reports

on the subject of intermarket coordination,

pursuant to Public Law 101–432, section 8(a)

(104 Stat. 976); jointly, to the Committees on

Agriculture, Banking and Financial Services, and Commerce.

1001. A letter from the Chairman, Securities and Exchange Commission, transmitting

the Commission’s report on intermarket coordination, pursuant to Public Law 101–432,

section 8(a) (104 Stat. 976); jointly, to the

Committees on Commerce, Banking and Financial Services, and Agriculture.

T75.4 COMMUNICATION FROM THE

CLERK—MESSAGE FROM THE

PRESIDENT

The SPEAKER pro tempore, Mr.

RIGGS, laid before the House a communication, which was read as follows:

OFFICE OF THE CLERK,

HOUSE OF REPRESENTATIVES,

Washington, DC, June 7, 1995.

Hon. NEWT GINGRICH,

The Speaker, House of Representatives, Washington, DC.

DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 5 of Rule III of the

Rules of the U.S. House of Representatives, I

have the honor to transmit a sealed envelope

received from the White House on Tuesday,

June 6, 1995 at 2:45 p.m. and said to contain

a message from the President whereby he

transmits a report on the activities of the

United States Government relating to the

prevention of nuclear proliferation for calendar year 1994.

With warm regards,

ROBIN H. CARLE,

Clerk.

T75.5 NUCLEAR PROLIFERATION

PREVENTION

The Clerk then read the message

from the President, as follows:

To the Congress of the United States:

As required under section 601(a) of

the Nuclear Non-Proliferation Act of

1978 (Public Law 95–242; 22 U.S.C.

3281(a)), I am transmitting a report on

the activities of United States Government departments and agencies relating to the prevention of nuclear proliferation. It covers activities between

January 1, 1994, and December 31, 1994.

WILLIAM J. CLINTON.

THE WHITE HOUSE, June 6, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations.

T75.6 SUBPOENA

The SPEAKER pro tempore, Mr.

RIGGS, laid before the House a communication, which was read as follows:

SEVENTH DISTRICT, NJ,

May 24, 1995.

Hon. NEWT GINGRICH,

Speaker, House of Representatives, Washington,

DC.

DEAR MR. SPEAKER: This is to formally notify you pursuant to Rule L (50) of the Rules

of the House that my office has received a

subpoena issued by the Municipal Court of

Manville, New Jersey.

After consultation with the General Counsel, I have determined that compliance with

the subpoena is consistent with the privileges and precedents of the House.

Sincerely,

BOB FRANKS,

Member of Congress.

T75.7 COMMITTEES AND SUBCOMMITTEES

TO SIT

On motion of Mr. GOSS, by unanimous consent, the following committees and their subcommittees were

granted permission to sit during the 5-

minute rule today: the Committee on

Banking and Financial Services, the

Committee on Commerce, the Committee on Economic and Educational

Opportunities, the Committee on Government Reform and Oversight, the

Committee on the Judiciary, the Committee on National Security, and the

Committee on Science.

T75.8 PROVIDING FOR THE FURTHER

CONSIDERATION OF H.R. 1561

Mr. GOSS, by direction of the Committee on Rules, called up the following resolution (H. Res. 156):

Resolved, That when the Committee of the

Whole House on the state of the Union resumes consideration of H.R. 1561 pursuant to

House Resolution 155, consideration for

amendment under the five-minute rule may

continue beyond the initial period of ten

hours prescribed in House Resolution 155 for

an additional period of six further hours.

Consideration for amendment may not continue beyond such additional period. During

further consideration for amendment only

the following further amendments to the

committee amendment in the nature of a

substitute, as modified and amended, shall

be in order—

(1) pro forma amendments for the purpose

of debate;

(2) amendments printed before May 25,

1995, in the portion of the Congressional

Record designated for that purpose in clause

6 of rule XXIII;

(3) amendments en bloc described in section 2 of House Resolution 155, but only if

consisting solely of amendments so printed

before May 25, 1995, in the portion of the

Congressional Record designated for that

purpose in clause 6 of rule XXIII or germane

modifications of any such amendment; and

(4) one amendment offered by the chairman

of the Committee on International Relations

after consultation with the ranking minority

member of that Committee.

When said resolution was considered.

After debate,

On motion of Mr. GOSS, the previous

question was ordered on the resolution

to its adoption or rejection.

The question being put, viva voce,

Will the House agree to said resolution?

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, announced

that the yeas had it.

Mr. HALL of Ohio demanded that the

vote be taken by the yeas and nays,

which demand was supported by onefifth of the Members present, so the

yeas and nays were ordered.

The SPEAKER pro tempore, Mr.

HASTINGS, pursuant to clause 5, rule

I, announced that the vote would be

postponed until later today.

T75.9 CORNING NATIONAL FISH HATCHERY

CONVEYANCE

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, pursuant to

House Resolution 144 and rule XXIII,

declared the House resolved into the

Committee of the Whole House on the

state of the Union for the consideration of the bill (H.R. 535) to direct the

Secretary of the Interior to convey the

Corning National Fish Hatchery to the

State of Arkansas.

The SPEAKER pro tempore, Mr.

HASTINGS of Washington, by unanimous consent, designated Mr. CAMP as

Chairman of the Committee of the

Whole; and after some time spent

therein,

T75.10 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. MILLER of California:

In section 2(a) (page 2, beginning at line 3),

strike ‘‘Within’’ and all that follows through

‘‘without reimbursement’’, and insert ‘‘Upon

the provision of consideration by the State

of Arkansas in accordance with subsection

(c) within 180 days after the date of the enactment of this Act, the Secretary of the Interior shall convey to the State of Arkansas’’.

Amend section 2(c) (page 3, beginning at

line 3) to read as follows:

(c) CONSIDERATION.—

(1) CONSIDERATION REQUIRED.—The Secretary of the Interior shall require that, as

consideration for any property conveyed by

the Secretary under subsection (a), the State

of Arkansas shall—

(A) pay to the United States an amount

equal to the fair market value of the property conveyed by the Secretary under subsection (a), reduced in accordance with paragraph (3); or

(B) convey to the United States real property that the Secretary deterimes—

(i) has a fair market value not less than an

amount equal to the fair market value of the

property conveyed by the Secretary under

subsection (a), reduced in accordance with

paragraph (3); and

(ii) is useful for promoting fish restoration

and management.

(2) APPRAISAL REQUIRED.—The Secretary

shall determine fair market value of prop-
HOUSE OF REPRESENTATIVES

827

1995 T75.14

erty for purposes of this subsection after

considering an appraisal of the property prepared for the Secretary after the date of the

enactment of this Act.

(3) REDUCTION OF FAIR MARKET VALUE OF

PROPERTY CONVEYED.—For purposes of subparagraphs (A) and (B)(i) of paragraph (1),

the fair market value of property conveyed

under subsection (a) shall be reduced by the

value of any capital improvements to the

property that were made by the State of Arkansas before the date of the enactment of

this Act.

(4) DEPOSIT OF PAYMENT.—

(A) DEPOSIT.—Amounts received by the

United States as payment under this subsection shall be deposited into the Sport

Fish Restoration Account of the Aquatic Resources Trust Fund established by section

9504 of the Internal Revenue Code of 1986 (26

U.S.C. 9504), commonly referred to as the

Wallop-Breaux Fund.

(B) LIMITATION ON USE OF DEPOSITS FOR

PURPOSES NOT RELATED TO FISH RESTORATION

AND MANAGEMENT.—Section 9504(b)(2)(B) of

the Internal Revenue Code of 1986 (26 U.S.C.

9504(b)(2)(B)) does not apply to amounts deposited under this paragraph.

It was decided in the Yeas ....... 96 ! negative ....................... Nays ...... 315

T75.11 [Roll No. 356]

AYES—96

Ackerman

Andrews

Barrett (WI)

Becerra

Beilenson

Berman

Bonior

Brown (CA)

Brown (OH)

Bryant (TX)

Clay

Clayton

Coble

Coleman

Collins (IL)

Conyers

Costello

Coyne

Danner

DeFazio

DeLauro

Dellums

Deutsch

Dixon

Doggett

Durbin

Ehlers

Eshoo

Fattah

Flake

Ford

Franks (NJ)

Furse

Gejdenson

Gutierrez

Harman

Hastings (FL)

Hinchey

Jacobs

Johnson (SD)

Kaptur

Kennelly

Kildee

Klug

Lantos

Lewis (GA)

LoBiondo

Lowey

Maloney

Martinez

Martini

McDermott

McKinney

Meehan

Meek

Mfume

Miller (CA)

Mineta

Mink

Nadler

Neal

Neumann

Owens

Pastor

Payne (NJ)

Petri

Poshard

Reynolds

Rohrabacher

Roth

Roybal-Allard

Royce

Rush

Sanders

Sanford

Scarborough

Schroeder

Schumer

Sensenbrenner

Serrano

Shays

Slaughter

Stark

Stokes

Torres

Upton

Velazquez

Visclosky

Waters

Watt (NC)

Waxman

Woolsey

Wyden

Wynn

Yates

Zimmer

NOES—315

Abercrombie

Allard

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bentsen

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bono

Borski

Boucher

Brewster

Browder

Brown (FL)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coburn

Collins (GA)

Collins (MI)

Combest

Condit

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cunningham

Davis

de la Garza

Deal

DeLay

Diaz-Balart

Dickey

Dicks

Dingell

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Edwards

Ehrlich

Emerson

Engel

English

Ensign

Evans

Everett

Ewing

Farr

Fawell

Fazio

Fields (TX)

Filner

Flanagan

Foglietta

Foley

Forbes

Fowler

Fox

Frank (MA)

Franks (CT)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Ganske

Gekas

Geren

Gibbons

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hilliard

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jefferson

Johnson (CT)

Johnson, E.B.

Johnson, Sam

Johnston

Jones

Kasich

Kelly

Kennedy (MA)

Kim

King

Kingston

Klink

Knollenberg

Kolbe

LaFalce

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

Longley

Luther

Manton

Manzullo

Markey

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McHale

McHugh

McInnis

McIntosh

McKeon

McNulty

Menendez

Metcalf

Meyers

Mica

Miller (FL)

Minge

Moakley

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nethercutt

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Oxley

Packard

Pallone

Parker

Payne (VA)

Peterson (MN)

Pickett

Pombo

Pomeroy

Portman

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Rangel

Reed

Regula

Riggs

Rivers

Roberts

Roemer

Rogers

Ros-Lehtinen

Rose

Roukema

Sabo

Salmon

Sawyer

Saxton

Schaefer

Schiff

Scott

Seastrand

Shadegg

Shuster

Sisisky

Skaggs

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Studds

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thompson

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torricelli

Towns

Traficant

Tucker

Vento

Volkmer

Vucanovich

Walker

Walsh

Wamp

Ward

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Young (AK)

Young (FL)

Zeliff

NOT VOTING—23

Barr

Bonilla

Chapman

Clyburn

Cubin

Fields (LA)

Gephardt

Gilchrest

Green

Hefner

Kanjorski

Kennedy (RI)

Kleczka

Lofgren

Lucas

Paxon

Pelosi

Peterson (FL)

Porter

Richardson

Shaw

Waldholtz

Watts (OK)

So the amendment was not agreed to.

The SPEAKER pro tempore, Mr.

LAHOOD, assumed the Chair.

When Mr. CAMP, Chairman, pursuant to House Resolution 144, reported

the bill back to the House with an

amendment adopted by the Committee.

The previous question having been

ordered by said resolution.

The following amendment, reported

from the Committee of the Whole

House on the state of the Union, was

agreed to:

Page 2, line 21, strike subsection (c) and insert the following:

(c) USE AND REVERSIONARY INTEREST.—The

property conveyed to the State of Arkansas

pursuant to this section shall be used by the

State for purposes of fishery resources management, and if it is used for any other purposes all right, title, and interest in an to all

property conveyed pursuant to this section

shall revert to the United States. The State

of Arkansas shall ensure that the property

reverting to the United States is in substantially the same or better condition as at the

time of transfer.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the yeas had

it.

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.

T75.12 FAIRPORT NATIONAL FISH

HATCHERY CONVEYANCE

The SPEAKER pro tempore, Mr.

LAHOOD, pursuant to House Resolution 145 and rule XXIII, declared the

House resolved into the Committee of

the Whole House on the state of the

Union for the consideration of the bill

(H.R. 584) to direct the Secretary of the

Interior to convey a fish hatchery to

the State of Iowa.

The SPEAKER pro tempore, Mr.

LAHOOD, by unanimous consent, designated Mr. CAMP Chairman of the

Committee of the Whole; and after

some time spent therein,

The SPEAKER pro tempore, Mr.

LAHOOD, assumed the Chair.

When Mr. CAMP, Chairman, pursuant to House Resolution 145, reported

the bill back to the House.

The previous question having been

ordered by said resolution.

The bill was ordered to be engrossed

and read a third time, was read a third

time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the yeas had

it.

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.

T75.13 MESSAGE FROM THE PRESIDENT

A message in writing from the President of the United States was communicated to the House by Mrs. Sara

Emery, one of his secretaries.

T75.14 NEW LONDON FISH HATCHERY

CONVEYANCE

The SPEAKER pro tempore, Mr.

LAHOOD, pursuant to House Resolu-