JOURNAL OF THE

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T122.9 SEPTEMBER 28

(c) NEUTRAL BUOYANCY LABORATORY.—The

Administrator is authorized to exercise an

option to purchase, for not more than

$35,000,000, the Clear Lake Development Facility, containing the Sonny Carter Training

Facility and the approximately 13.7 acre parcel of land on which it is located, using funds

authorized by this Act.

SEC. 5. COORDINATION WITH SPACE SHUTTLE.

The Administrator shall—

(1) coordinate the engineering functions of

the Space Shuttle program with the Space

Station Program Office to minimize overlapping activities; and

(2) in the interest of safety and the successful integration of human spacecraft development with human spaceflight operations, maintain at one lead center the complementary capabilities of human spacecraft

engineering and astronaut training.

SEC. 6. COMMERCIALIZATION OF SPACE STATION.

(a) POLICY.—The Congress declares that a

priority goal of constructing the International Space Station is the economic development of Earth orbital space. The Congress further declares that the use of free

market principles in operating, allocating

the use of, and adding capabilities to the

Space Station, and the resulting fullest possible engagement of commercial providers

and participation of commercial users, will

reduce Space Station operational costs for

all partners and the Federal Government’s

share of the United States burden to fund operations.

(b) REPORT.—The Administrator shall deliver to the Congress, within 60 days after

the submission of the President’s budget request for fiscal year 1997, a market study

that examines the role of commercial ventures which could supply, use, service, or

augment the International Space Station,

the specific policies and initiatives the Administrator is advancing to encourage these

commercial opportunities, the cost savings

to be realized by the international partnership from applying commercial approaches

to cost-shared operations, and the cost reimbursements to the United States Federal

Government from commercial users of the

Space Station.

SEC. 7. SENSE OF CONGRESS.

It is the sense of Congress that the ‘‘cost

incentive fee’’ single prime contract negotiated by the National Aeronautics and

Space Administration for the International

Space Station, and the consolidation of programmatic and financial accountability into

a single Space Station Program Office, are

two examples of reforms for the reinvention

of all National Aeronautics and Space Administration programs that should be applied as widely and as quickly as possible

throughout the Nation’s civil space program.

SEC. 8. SPACE STATION ACCOUNTING REPORT.

Within one year after the date of enactment of this Act, and annually thereafter,

the Administrator shall transmit to the Congress a report with a complete annual accounting of all costs of the space station, including cash and other payments to Russia.

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.

HEFLEY, 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.

T122.9 PROVIDING FOR THE

CONSIDERATION OF H.R. 1170

Mr. DREIER, by direction of the

Committee on Rules, called up the following resolution (H. Res. 227):

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare the

House resolved into the Committee of the

Whole House on the state of the Union for

consideration of the bill (H.R. 1170) to provide that cases challenging the constitutionality of measures passed by State referendum be heard by a 3-judge court. The

first reading of the bill shall be dispensed

with. General debate shall be confined to the

bill and shall not exceed one hour equally divided and controlled by the chairman and

ranking minority member of the Committee

on the Judiciary. After general debate the

bill shall be considered for amendment under

the five-minute rule. It shall be in order to

consider as an original bill for the purpose of

amendment under the five-minute rule the

amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Each section of

the committee amendment in the nature of a

substitute shall be considered as read. During consideration of the bill for amendment,

the Chairman of the Committee of the Whole

may accord priority in recognition on the

basis of whether the Member offering an

amendment has caused it to be printed in the

portion of the Congressional Record designated for that purpose in clause 6 of rule

XXIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the

House with such amendments as may have

been adopted. Any Member may demand a

separate vote in the House on any amendment adopted in the Committee of the Whole

to the bill or to the committee amendment

in the nature of a substitute. The previous

question shall be considered as ordered on

the bill and amendments thereto final passage without intervening motion except one

motion to recommit with or without instructions.

When said resolution was considered.

After debate,

On motion of Mr. DREIER, the previous question was ordered on the resolution to its adoption or rejection and

under the operation thereof, the resolution was agreed to.

A motion to reconsider the vote

whereby said resolution was agreed to

was, by unanimous consent, laid on the

table.

T122.10 ORDER OF BUSINESS—

CONSIDERATION OF H.R. 1170

On motion of Mr. DREIER, by unanimous consent,

Ordered, That during consideration of

the bill (H.R. 1170) to provide that

cases challenging the constitutionality

of measures passed by State referendum be heard by a 3-judge court,

pursuant to House Resolution 227, the

chairman of the Committee of the

Whole may postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment, and

that the chairman of the Committee of

the Whole may reduce to not less than

five minutes the time for voting by

electronic device on any postponed

question that immediately follows another vote by electronic device without

intervening business, provided that the

time for voting by electronic device on

the first in any series of questions shall

be not less than fifteen minutes.

T122.11 THREE-JUDGE COURT REVIEW FOR

STATE REFERENDA

The SPEAKER pro tempore, Mr.

HEFLEY, pursuant to House Resolution 227 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. 1170) to provide that cases challenging the constitutionality of measures passed by State referendum be

heard by a 3-judge court.

The SPEAKER pro tempore, Mr.

HEFLEY, by unanimous consent, designated Mr. EWING as Chairman of the

Committee of the Whole; and after

some time spent therein,

The SPEAKER pro tempore, Mr.

DREIER, assumed the Chair.

When Mr. EWING, Chairman, reported that the Committee, having had

under consideration said bill, had come

to no resolution thereon.

T122.12 RECESS—1:59 P.M.

The SPEAKER pro tempore, Mr.

DREIER, pursuant to clause 12 of rule

I, declared the House in recess at 1

o’clock and 59 minutes p.m., subject to

the call of the Chair until 3:00 p.m.

T122.13 AFTER RECESS—3:02 P.M.

The SPEAKER pro tempore, Mr.

RIGGS, called the House to order.

T122.14 THREE-JUDGE COURT REVIEW FOR

STATE REFERENDA

The SPEAKER pro tempore, Mr.

RIGGS, pursuant to House Resolution

227 and rule XXIII, declared the House

resolved into the Committee of the

Whole House on the state of the Union

for the further consideration of the bill

(H.R. 1170) to provide that cases challenging the constitutionality of measures passed by State referendum be

heard by a 3-judge court.

Mr. EWING, Chairman of the Committee of the Whole, resumed the

chair.

T122.15 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mrs. SCHROEDER:

In the first sentence of section 1, strike

‘‘Any application’’ and insert ‘‘(a) GENERAL

RULE.—Subject to subsection (b), any application’’.

Add the following at the end of section 1:

(b) APPLICABILITY.—Subsection (a) applies

only to—

(1) any case filed in a judicial district, or a

division in a judicial district, that has only

1 sitting judge; and

(2) any case that is filed in a judicial district with more than 1 sitting judge but is

assigned to a judge in any manner other

than on a random basis only.