JOURNAL OF THE

1546

T130.11 OCTOBER 18

‘‘Sec. 402. Sense of Congress; notice to recipients of assistance.’’.

TITLE II—INSULAR AREAS

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Pacific Insular Areas Fisheries Empowerment Act of

1995’’.

SEC. 202. FINDINGS AND POLICY.

(a) FINDINGS.—Section 2(a) (16 U.S.C.

1801(a)) is further amended by adding at the

end the following:

‘‘(10) The Pacific Insular Areas of the

United States contain a unique historical,

cultural, legal, political, and geographic circumstance, including the importance of fisheries resources to their economic growth.’’.

(b) POLICY.—Section 2(c) (16 U.S.C. 1801) is

amended—

(1) by striking ‘‘and’’ at the end of paragraph (5);

(2) by striking the period at the end of

paragraph (6) and inserting ‘‘; and’’; and

(3) by adding at the end the following new

paragraph:

‘‘(7) to assure that the fishery resources

adjacent to Pacific Insular Areas, including

those within the exclusive economic zone of

such areas and any Continental Shelf fishery

resources of such areas, be explored, exploited, conserved, and managed for the benefit of the people of each such areas.’’.

SEC. 203. DEFINITIONS.

Section 3 (16 U.S.C. 1802), as amended by

section 4 of this Act, is further amended by

redesignating paragraphs (39) and (40) as

paragraphs (40) and (41), respectively, and by

inserting after paragraph (38) the following

new paragraph:

‘‘(39) The term ‘Pacific Insular Area’

means American Samoa, Guam, or the

Northern Mariana Islands.’’.

SEC. 204. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

(a) AUTHORITY FOR FOREIGN FISHING UNDER

A PACIFIC INSULAR AREA AGREEMENT.—Section 201(a)(1) (16 U.S.C. 1821(a)(1)), as amended by title I of this Act, is further amended

by inserting ‘‘or (e)’’ after ‘‘section 204(d)’’.

(b) AUTHORITY TO ENTER INTO A PACIFIC INSULAR AREAS AGREEMENT.—Section 202(c)(2)

(16 U.S.C. 1822(c)(2)) is amended by inserting

before the period at the end the following:

‘‘or section 204(e)’’.

(c) PACIFIC INSULAR AREA AGREEMENTS.—

Section 204 (26 U.S.C. 1824), as amended by

section 5 of this Act, is further amended by

adding at the end the following:

‘‘(e) PACIFIC INSULAR AREAS.—(1) After consultation with or at the request of the Governor of a Pacific Insular Area, the Secretary of State, in concurrence with the Secretary and the appropriate Council, may negotiate and enter into a Pacific Insular Area

Fishery Agreement (in this subsection referred to as a ‘PIAFA’) to authorize foreign

fishing within the exclusive economic zone

adjacent to such Pacific Insular Area or for

Continental Shelf fishery resources beyond

such zone.

‘‘(2)(A) Fees pursuant to a PIAFA shall be

paid to the Secretary by the owner or operator of any foreign fishing vessel for which a

permit has been issued pursuant to this section.

‘‘(B) The Secretary of Commerce, in consultation with the Governor of the Pacific Island Insular Area, may establish, by regulation, the level of fees which may be charged

pursuant to a PIAFA. The amount of fees

may exceed administrative costs and shall be

reasonable, fair, and equitable to all participants in the fisheries.

‘‘(C) Amounts received by the United

States as fees under this paragraph shall be

deposited in the general fund of the Treasury

and shall be used, as provided in appropriations Acts, for fishery conservation and management purposes in waters adjacent to the

Pacific Insular Area with respect to which

the fees are paid.

‘‘(3) A PIAFA shall become effective according to the procedures of section 203.

‘‘(4) The Secretary of State may not negotiate a PIAFA with a country that is in violation of a governing international fishery

agreement in effect under this Act.

‘‘(5) This subsection shall not be considered

to supersede any governing international

fishery agreement in effect under this Act.’’.

SEC. 205. ENFORCEMENT.

Section 311 (16 U.S.C. 1861) is amended by

adding at the end the following new subsection:

‘‘(f) ENFORCEMENT IN THE INSULAR AREAS.—

The Secretary, in consultation with the Governors of the Pacific Insular Areas shall, to

the greatest extent practicable, support cooperative enforcement agreements between

Federal and Pacific Insular Area authorities.’’.

SEC. 206. CONFORMING AMENDMENTS.

(a) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is

amended by striking ‘‘204(b) or (c)’’ and inserting ‘‘204(b), (c), or (e)’’.

(b) Section 311(g)(1) (16 U.S.C. 1861(g)(1)) is

amended by inserting after the citation

‘‘201(b) or (c)’’ the words ‘‘or section 204(d)’’.

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.

Mr. YOUNG of Alaska 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 vote was taken by electronic device.

It was decided in the Yeas ....... 388 ! affirmative ................... Nays ...... 37

T130.11 [Roll No. 720]

YEAS—388

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Baesler

Baker (CA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Becerra

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dickey

Dingell

Dixon

Doggett

Dooley

Doolittle

Doyle

Dreier

Duncan

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Ewing

Farr

Fattah

Fawell

Fazio

Fields (TX)

Filner

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hansen

Harman

Hastert

Hastings (FL)

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E.B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Kleczka

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Linder

Lipinski

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McDade

McHale

McHugh

McInnis

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Meyers

Mica

Miller (CA)

Miller (FL)

Minge

Mink

Moakley

Molinari

Mollohan

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nadler

Neal

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Orton

Owens

Oxley

Packard

Pallone

Pastor

Paxon

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Rangel

Reed

Regula

Richardson

Riggs

Rivers

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Roybal-Allard

Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Solomon

Souder

Spence

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Talent

Tanner

Taylor (NC)

Thomas

Thornberry

Thurman

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—37

Bachus

Baker (LA)

Callahan

Cooley

de la Garza

Dicks

Dornan

Dunn

Everett

Hancock

Hastings (WA)

Hayes

Laughlin

Lincoln

Livingston

McCrery

McDermott

McIntosh

Metcalf

Montgomery

Nethercutt

Neumann

Ortiz

Parker
HOUSE OF REPRESENTATIVES

1547

1995 T130.18

Pombo

Scarborough

Smith (WA)

Stearns

Stockman

Stump

Tate

Tauzin

Taylor (MS)

Thompson

Thornton

Tiahrt

White

NOT VOTING—7

Chapman

Fields (LA)

Flake

Mfume

Tejeda

Tucker

Volkmer

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.

T130.12 CLERK TO CORRECT

ENGROSSMENT

On motion of Mr. YOUNG of Alaska,

by unanimous consent,

Ordered, That in the engrossment of

the foregoing bill, the Clerk be authorized to correct section numbers, punctuation, cross references, and to make

other technical corrections.

T130.13 COMMERCE, JUSTICE, STATE

APPROPRIATIONS

On motion of Mr. ROGERS, by unanimous consent, the bill (H.R. 2076) making appropriations for the Department

of Commerce, Justice, and State, the

Judiciary, and related agencies for the

fiscal year ending September 30, 1996,

and for other purposes; together with

the amendment of the Senate thereto,

was taken from the Speaker’s table.

When on motion of Mr. ROGERS, it

was,

Resolved, That the House disagree to

the amendment of the Senate and

agree to the conference asked by the

Senate on the disagreeing votes of the

two Houses thereon.

T130.14 MOTION TO INSTRUCT

CONFEREES—H.R. 2076

Mr. MOLLOHAN moved that the

managers on the part of the House at

the conference on the disagreeing votes

of the two Houses on H.R. 2076, be instructed to insist on the House position

regarding the salaries and expenses of

the Securities and Exchange Commission.

After debate,

By unanimous consent, the previous

question was ordered on the motion to

instruct the managers on the part of

the House.

The question being put, viva voce,

Will the House agree to said motion?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the yeas had

it.

So the motion to instruct the managers on the part of the House was

agreed to.

A motion to reconsider the vote

whereby said motion was agreed to

was, by unanimous consent, laid on the

table.

T130.15 APPOINTMENT OF CONFEREES—

H.R. 2076

Thereupon, the SPEAKER pro tempore, Mr. LAHOOD, by unanimous consent, announced the appointment of

Messrs. ROGERS, KOLBE, TAYLOR of

North Carolina, FORBES, LIVINGSTON,

MOLLOHAN, SKAGGS, DIXON, and OBEY,

as managers on the part of the House

at said conference.

Ordered, That the Clerk notify the

Senate thereof.

T130.16 DEFENSE APPROPRIATIONS

On motion of Mr. YOUNG of Florida,

by unanimous consent, the bill (H.R.

2126) making appropriations for the Department of Defense for the fiscal year

ending September 30, 1996, and for

other purposes; together with the

amendment of the Senate thereto, was

taken from the Speaker’s table.

When on motion of Mr. YOUNG of

Florida, it was,

Resolved, That the House insists on

its disagreement to the amendment of

the Senate and ask a further conference with the Senate on the disagreeing votes of the two Houses thereon.

T130.17 MOTION TO INSTRUCT

CONFEREES—H.R. 2126

Mr. OBEY moved that the managers

on the part of the House at the further

conference on the disagreeing votes of

the two Houses on H.R. 2126, be instructed to reduce within the scope of

conference total spending by $3 billion

compared to the amount provided in

the House bill to be derived from deleting funds for low priority ‘‘Procurement,’’ ‘‘Research, Development, Test,

and Evaluation’’ and other projects

contained in the House or Senate bills

that were not included in the President’s Budget: Provided, That the conferees shall not reduce military pay or

Operation and Maintenance readiness

activities below the levels provided in

the House bill.

After debate,

By unanimous consent, the previous

question was ordered on the motion to

instruct the managers on the part of

the House.

The question being put, viva voce,

Will the House agree to said motion?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the nays had

it.

Mr. OBEY objected to the vote on the

ground that a quorum was not present

and not voting.

A quorum not being present,

The roll was called under clause 4,

rule XV, and the call was taken by

electronic device.

When there appeared Yeas ....... 134 ! Nays ...... 290

T130.18 [Roll No. 721]

YEAS—134

Ackerman

Andrews

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Blute

Bonior

Brown (CA)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clement

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

Danner

DeFazio

Dellums

Deutsch

Dingell

Doggett

Duncan

Durbin

Ehlers

Engel

Eshoo

Evans

Farr

Fattah

Filner

Foglietta

Ford

Fox

Frank (MA)

Furse

Ganske

Gephardt

Gordon

Green

Gutierrez

Hinchey

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnston

Kaptur

Kennedy (MA)

Kildee

Kleczka

Klug

LaFalce

Lantos

Levin

Lewis (GA)

Lincoln

Lipinski

LoBiondo

Lofgren

Lowey

Luther

Maloney

Markey

Martini

McCarthy

McDermott

McKinney

Meehan

Menendez

Mfume

Miller (CA)

Minge

Moakley

Morella

Nadler

Neal

Neumann

Oberstar

Obey

Olver

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Petri

Pomeroy

Poshard

Ramstad

Rangel

Reed

Riggs

Rivers

Roemer

Roth

Roukema

Roybal-Allard

Rush

Sanders

Sawyer

Schroeder

Schumer

Sensenbrenner

Serrano

Shays

Skaggs

Slaughter

Stark

Stokes

Studds

Stupak

Thurman

Towns

Velazquez

Vento

Ward

Waters

Watt (NC)

Waxman

Williams

Woolsey

Wyden

Wynn

Yates

Zimmer

NAYS—290

Abercrombie

Allard

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Boehlert

Boehner

Bonilla

Bono

Borski

Boucher

Brewster

Browder

Brown (FL)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Combest

Condit

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

de la Garza

Deal

DeLauro

DeLay

Diaz-Balart

Dickey

Dicks

Dixon

Dooley

Doolittle

Dornan

Doyle

Dreier

Dunn

Edwards

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fazio

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Gejdenson

Gekas

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, E.B.

Johnson, Sam

Jones

Kanjorski

Kasich

Kelly

Kennedy (RI)

Kennelly

Kim

King

Kingston

Klink

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

Longley

Lucas

Manton

Manzullo

Martinez

Mascara

Matsui

McCollum

McCrery

McDade

McHale

McHugh

McInnis

McIntosh

McKeon

McNulty

Meek

Metcalf

Meyers

Mica

Miller (FL)

Mink

Molinari

Mollohan

Montgomery

Moorhead

Moran

Murtha

Myers

Myrick

Nethercutt

Ney

Norwood

Nussle