Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997
Placed on Senate Legislative Calendar under General Orders. Calendar No. 568.
Congressional Research Service
Official summary
Version 36 · Passed House amended · Jul 24, 1996
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997 - Title I: Department of Justice - Department of Justice Appropriations Act, 1997 - Makes FY 1997 appropriations to the Department of Justice. Sets forth requirements and limitations relating to use of such funds. (Sec. 103) Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape. (Sec. 104) Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. (Sec. 109) Amends the Federal judicial code to revise: (1) quarterly bankruptcy fees; and (2) the formulae for the deposit of portions of such fees in the United States Trustee System Fund. (Sec. 110) Amends specified Federal law to establish in the Treasury the Department of Justice Telecommunications Carrier Compliance Fund, which shall be available to the Attorney General to make specified payments to telecommunications carriers, equipment manufacturers, and providers of telecommunications support services. (Sec. 111) Expresses the sense of the Congress that the Drug Enforcement Administration, together with other appropriate Federal agencies, should take necessary action to end the illegal importation into the United States of Rohypnol (flunitrazepam), a drug frequently distributed with the intent to facilitate sexual assault and rape. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1997 - Makes FY 1997 appropriations to the Department of Commerce and related agencies, including the Office of the U.S. Trade Representative and the International Trade Commission. Sets forth requirements and limitations relating to use of such funds. Rescinds a specified amount of unobligated balances for operations, research, and facilities of the National Oceanic and Atmospheric Administration (NOAA). (Sec. 206) Provides for transfer of appropriations to successor organizations in the event the Department of Commerce is dismantled or reorganized. (Sec. 208) Prohibits the use of any funds appropriated under this or any other Act to develop new fishery management plans, amendments, or regulations which create new individual fishing quota, individual transferable quota, or new individual transferable effort allocation programs, or to implement any such plans, amendments, or regulations approved by a Regional Fishery Management Council or the Secretary of Commerce after January 4, 1995, until offsetting fees to pay for administrative costs are expressly authorized under the Magnuson Fishery Conservation and Management Act. (Sec. 209) Authorizes the Secretary of Commerce to award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services in accordance with the Federal Property and Administrative Services Act of 1949. (Sec. 210) Establishes the Bureau of the Census Working Capital Fund to cover costs of maintenance and operation of services and projects that the Director of the Census Bureau determines may be performed more advantageously when centralized. Title III: The Judiciary - Judiciary Appropriations Act, 1997 - Appropriates FY 1997 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) Courts of Appeals, district courts, and other judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; (7) Judicial Retirement Funds; and (8) the U.S. Sentencing Commission. Sets forth requirements and limitations relating to use of such funds. (Sec. 305) Extends the Judiciary Automation Fund and related authorities through FY 1998. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1997 - Appropriates FY 1997 funds for the Department of State and related agencies, programs, and trust funds (including the Arms Control and Disarmament Agency and the U.S. Information Agency). Sets forth requirements and limitations relating to use of such funds. (Sec. 406) Prohibits the availability of funds to support the negotiating activities of the Standing Consultative Commission (SCC) or to implement certain agreements, amendments, or understandings to the Anti-Ballistic Missile Treaty Act of 1972 (ABM Treaty) reached after January 1, 1996, unless the President certifies to the Congress that they will be submitted to the Senate for its advice and consent. Title V: Related Agencies - Appropriates FY 1997 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the Commission on Immigration Reform; (5) the Commission on Security and Cooperation in Europe; (6) the Equal Employment Opportunity Commission; (7) the Federal Communications Commission; (8) the Federal Maritime Commission; (9) the Federal Trade Commission; (10) the Legal Services Corporation; (11) the Marine Mammal Commission; (12) National Bankruptcy Review Commission; (13) the Securities and Exchange Commission; (14) the Small Business Administration; and (15) the Commission on the Advancement of Federal Law Enforcement. Continues certain requirements and restrictions with respect to use of funds by the Legal Services Corporation. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. (Sec. 606) Prohibits the use of funds for the construction, repair, overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration (NOAA) in shipyards located outside of the United States. (Sec. 607) Expresses the sense of the Congress that equipment and products purchased under this Act should be American-made. Declares ineligible to receive any Federal contract or subcontract made with funds under this Act any person finally determined by a court or Federal agency to have intentionally affixed a false "Made in America" label to any product sold in or shipped to the United States that is not made in the United States. (Sec. 608) Prohibits the use of funds to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known that such guidelines do not differ from certain proposed guidelines. (Sec. 609) Prohibits funds from this Act from being used to pay for costs incurred for: (1) opening or operating any U.S. diplomatic or consular post in the Socialist Republic of Vietnam that was not operating on July 11, 1995; (2) expanding any such post that was in operation on such date; or (3) increasing the number of personnel assigned to such posts above the level existing on such date, unless the President certifies that the Vietnamese Government is fully cooperating with the United States in specified activities relating to the investigation and recovery of missing U.S. military personnel, including: (1) resolution of discrepancies, live-sightings and field activities; (2) recovery and repatriation of American remains; (3) provision of documents on POW-MIAs; and (4) implementation of trilateral investigations with Laos. (Sec. 610) Prohibits the use of funds in this Act for any United Nations peacekeeping mission involving U.S. forces under the command or control of a foreign national, if the President's military advisors have not recommended that such involvement is in the U.S. national security interest, and the President has not submitted such a recommendation to the Congress. (Sec. 611) Prohibits the use of funds in this Act to provide specified amenities or personal comforts in the Federal prison system. (Sec. 612) Prohibits NOAA from using funds in this Act for its fleet replacement and modernization program. (Sec. 613) Prohibits any use of funds in this Act for the USIA Television Marti Program when such use would be inconsistent with the March 1995 Office of Cuba Broadcasting Reinventing Plan of the U.S. Information Agency. (Sec. 615) Prohibits funds in this Act for the Federal Bureau of Prisons from being used to distribute or make available to a prisoner any commercially published information or material that is sexually explicit or features nudity. (Sec. 616) Limits the amount of State and local law enforcement assistance funds which may be provided to any entity under the Omnibus Crime Control and Safe Streets Act of 1968 if that entity does not provide a certain level of health insurance benefits to its employed public safety officers who retire or are separated from service due to injury suffered in the line of duty while responding to an emergency situation or a hot pursuit. (Sec. 617) Limits the amount of funding for local, State, or Federal facilities for confinement of individuals in connection with crime or criminal proceedings, if the authorities of such a facility have not reported to the Attorney General each death of any individual who dies in custody in that facility, and the circumstances that surround that death. (Sec. 618) Increases the amount provided in this Act for salaries and expenses of the Equal Employment Opportunity Commission. Decreases the amount provided for the Small Business Administration's Disaster Loan Program Account for administrative expenses. (Sec. 619) Limits the use of funds in this Act by the Patent and Trademark Office to issue patents that are for any invention or discovery of a technique, method, or process for performing a surgical procedure, performing a medical procedure, or making a medical diagnosis, except patents for: (1) a machine, manufacture, or composition of matter, or improvement thereof, that is itself patentable subject matter, and the technique, method, or process is performed by or is a necessary component of the machine, manufacture, or composition of matter; or (2) a new use of a composition of matter or biotechnological process.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 568.
Committee on Appropriations. Reported to Senate by Senator Gregg under the authority of the order of Aug 2, 96 with amendments. With written report No. 104-353.
Committee on Appropriations. Reported to Senate by Senator Gregg under the authority of the order of Aug 2, 96 with amendments. With written report No. 104-353.
Committee on Appropriations. Ordered to be reported with amendments favorably.
Subcommittee on Commerce, Justice, State. Approved for full committee consideration with amendments favorably.
Received in the Senate and read twice and referred to the Committee on Appropriations.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 246 - 179 (Roll no. 352).
On motion to recommit with instructions Failed by voice vote. (consideration: CR H8293)
The previous question on the motion to recommit with instructions was ordered without objection.
DEBATE - The House proceeded with 10 minutes of debate on the Obey amendment.
Mr. Obey moved to recommit with instructions to Appropriations.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3814.
The Chair announced the unfinished business to be further consideration of those amendments on which recorded votes had been requested and postponed in the following order: Frank (MA), Ganske, Gutknecht, and Collins (GA).
At the conclusion of debate, the Chair put the question on the Collins (GA) amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Collins (GA) requested a recorded vote and further proceedings were postponed.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 15 minutes of debate on the Collins (GA) amendment.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 10 minutes of debate on the Norton amendment.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 10 minutes of debate on the Hutchinson amendment.
At the conclusion of debate, the Chair put the question on the Gutknecht amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Gutknecht requested a recorded vote and further proceedings were postponed.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 20 minutes of debate on the Gutknecht amendment.
At the conclusion of debate, the Chair put the question on the Ganske amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Ganske requested a recorded vote and, pending that request, made a point of order that a quorum was not present. Pursuant to the provisions of H. Res. 479 and the order of the House of July 16, 1996, further proceedings were postponed.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 20 minutes of debate on the Ganske amendment.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 15 minutes of debate on the Jackson-Lee amendment.
At the conclusion of debate, the Chair put the question on agreeing to the Frank (MA) amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Fields (TX) requested a recorded vote and further consideration was postponed.
DEBATE - Pursuant to the unanimous consent agreement of July 23, 1996, the Committee of the Whole proceeded with 20 minutes of debate on the Frank (MA) amendment.
DEBATE - The Committee of the Whole proceeded with 20 minutes of debate on the Frank amendment.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Deutsch of Florida amendment.
DEBATE - The Committee of the Whole proceeded with 20 minutes of debate on the Brown (CA) amendment.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Ensign amendment.
UNFINISHED BUSINESS - The Chair announced that the unfinished business of the Committee of the Whole was proceedings that had been postponed on amendments which had been considered earlier and on which demands for recorded votes had been tendered. Votes on amendments will be taken in the following order: Goss of Florida, and Allard of Colorado.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Allard amendment, the Chair put the question and by voice vote, announced that the ayes had prevailed. Mr. Mollohan demanded a recorded vote and the Chair postponed further proceedings until later in the day.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Allard amendment.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Rogers amendment.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H8254-8293)
Committee of the Whole House on the state of the Union rises leaving H.R. 3814 as unfinished business.
DEBATE - Pursuant to the previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Miller (FL) amendment.
DEBATE - Pursuant to the previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Engel amendment.
DEBATE - Pursuant to the previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Mink amendment.
DEBATE - Pursuant to the previous order of the House, the Committee of the Whole proceeded with 5 minutes of debate on the Traficant amendment.
DEBATE - Pursuant to the previous order of the House, the Committee of the Whole proceeded with 20 minutes of debate on the Porter amendment.
At the conclusion of debate, the Chair put the question on agreeing to the Goss amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Goss requested a recorded vote, and further proceedings were postponed.
DEBATE - Pursuant to the previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Goss amendment.
The Chair announced the unfinished business to be the further consideration of those amendments on which recorded votes had been requested and postponed in the following order: The amendment by Ms. Schroeder; the amendment by Mr. Scott (VA); the amendment by Mr. Hostettler.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business.
Mr. Rogers asked unanimous consent that, during the further consider of the bill for amendment in the Committee of the Whole: 1. The remainder of the bill be considered as read, and 2. No amendment shall be in order except the following amendments, which shall be considered read, not subject to amendment or to a demand for a division of the question in the House or in the Committee of the Whole, and debatable for the time specified:
Committee of the Whole House on the state of the Union rises leaving H.R. 3814 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Rogers moved that the Committee rise.
At the conclusion of debate, the Chair put the question on agreeing to the Hostettler amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Hostettler requested a recorded vote and further proceedings were postponed.
Mr. Rogers asked unanimous consent that the time for debate on the Hostettler amendment, and all amendments thereto, be limited to 20 minutes. Agreed to without objection.
DEBATE - Pursuant to the previous unananimous consent agreement, the Committee of the Whole proceeded with 10 minutes of debate on the Norton amendment.
Mr. Rogers asked unanimous consent that it be in order for the Committee to return to Title one of the bill and that the time for debate on a proposed Norton amendment to that Title be limited to 10 minutes. Agreed to without objection.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott amendment, the Chair put the question and by voice vote, announced that the noes had prevailed. Mr. Scott demanded a recorded vote and the Chair postponed further proceedings until later tonight.
DEBATE - By unanimous consent, debate on the Scott amendment and all amendments thereto, will proceed for not to exceed 20 minutes equally divided and controlled.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Schroeder amendment, the Chair put the question and by voice vote, announced that the ayes had prevailed. Mr. Rogers demanded a recorded vote and the Chair postponed further proceedings until later tonight.
DEBATE - By unanimous consent, debate on the Schroeder amendment and all amendments thereto will proceed for not to exceed 20 minutes, equally divided and controlled.
DEBATE - By unanimous consent, debate on the Radanovich amendment and all amendments thereto will continue for not to exceed 10 minutes, equally divided and controlled.
DEBATE - The Committee of the Whole resumed debate on the Mollohan amendment.
Mr. Mollohan asked unanimous that the time for debate on the Mollohan amendment be extended for two additional minutes. Agreed to without objection.
DEBATE - The Committee of the Whole proceeded with one hour of debate on the Mollohan amendment.
LIMITATION ON DEBATE - Mr. Rogers asked unanimous consent that the time for debate on the Mollohan amendment be limited to one hour. Agreed to without objection.
DEBATE - Pursuant to the provisions of H. Res. 479, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Steve Gunderson to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 479 and Rule XXIII.
Rule provides for consideration of H.R. 3814 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments.
Considered under the provisions of rule H. Res. 479. (consideration: CR H8149-8234)
Rule H. Res. 479 passed House.
Ms. Pryce asked unanimous consent that, during consideration of the bill H.R. 3814 in the Committee of the Whole pursuant to the provisions of H. Res. 479: 1. It may be in order immediately after disposition of the first amendment made in order by H. Res. 479, and without intervention of any point of order, to consider an amendment placed at the desk relating to the Advanced Technology Program, if offered by Mr. Rogers (KY); and 2. if that amendment is adopted, then points of order under clauses 2 and 6 of rule XXI shall be waived for all provisions of the bill, as amended. Agreed to without objection.
Rules Committee Resolution H. Res. 479 Reported to House. Rule provides for consideration of H.R. 3814 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments.
Placed on the Union Calendar, Calendar No. 348.
The House Committee on Appropriations reported an original measure, H. Rept. 104-676, by Mr. Rogers.
The House Committee on Appropriations reported an original measure, H. Rept. 104-676, by Mr. Rogers.
Introduced in House
Ordered to be Reported.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee.
Final Day of Subcommittee Mark-up.
First Day of Subcommittee Mark-up.
Final Day of Subcommittee Hearings.
First Day of Subcommittee Hearings.
Referred to the Subcommittee on Commerce, Justice, State, and Judiciary.
Referred to the House Committee on Appropriations.
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