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H. Con. Res. 193: Mr. PETRI.

H. Con. Res. 199: Mr. ADERHOLT. .

H. Res. 187: Mr. TIERNEY.

H. Res. 254: Mr. LAHOOD, Mrs. LOWEY, and Mr. PHELPS.

H. Res. 320: Mr. SHIMKUS, Mr. PHELPS, Mr. WELLER, Mr. HYDE, Mr. GUTIERREZ, Mrs. BIGGERT, and Mr. BLAGOJEVICH.

H. Res. 325: Mr. REYES and Mr. RUSH.

H. Res. 347: Ms. DELAURO, Mr. HOLDEN, Mrs. MCCARTHY of New York, Mrs. MORELLA, Mr. FRANK of Massachusetts, Mr. UNDERWOOD, Mr. THOMPSON of California, Mr. TIERNEY, and Mr. KLINK.

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I hereby appoint the Honorable STEVEN C. LATOURETTE to act as Speaker pro tempore on this day.

J. DENNIS HASTERT, Speaker of the House of Representatives. ¶125.2 APPROVAL OF THE JOURNAL

The SPEAKER pro tempore, Mr. LATOURETTE, announced he had examined and approved the Journal of the proceedings of Tuesday, November 2, 1999.

Mr. MCNULTY, pursuant to clause 1, rule I, objected to the Chair's approval of the Journal.

The question being put, viva voce, Will the House agree to the Chair's approval of said Journal?

The SPEAKER pro tempore, Mr. LATOURETTE, announced that the yeas had it.

Mr. MCNULTY objected to the vote on the ground that a quorum was not present and not voting.

The SPEAKER pro tempore, Mr. LATOURETTE, pursuant to clause 8, rule XX, announced that the vote would be postponed until later today.

The point of no quorum was considered as withdrawn.

1125.3 COMMUNICATIONS

Executive and other communications, pursuant to clause 2, rule XIV, were referred as follows:

5133. A letter from the the Director, the Office of Management and Budget, transmitting a cumulative report on rescissions and deferrals of budget authority, pursuant to 2 U.S.C. 686(a); (H. Doc. No. 106-153); to the Committee on Appropriations and ordered to be printed.

5134. A letter from the Assistant General Counsel for Regulatory Law, Albuquerque Operations Office, Department of Energy, transmitting the Department's final ruleNuclear Explosive and Weapons Surety Program [AL 452.1A] received August 24, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Services.

5135. A letter from the Assistant General Counsel for Regulatory Law, Albuquerque Operations Office, Department of Energy, transmitting the Department's final ruleSafety of Nuclear Explosive Operations [AL 452.2A] received October 4, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Services.

5136. A letter from the Director, Executive Office of the President, Office of Management and Budget, transmitting a report on direct spending or receipts legislation within seven days of enactment; to the Committee on the Budget.

5137. A letter from the Secretary of Education, transmitting Federal Family Education Loan Program and William D. Ford Federal District Loan Program; to the Committee on Education and the Workforce.

5138. A letter from the Secretary of Education, transmitting the Institutional Eligibility Under the Higher Education Act of 1965, as Amended and Student Assistance General Provisions; to the Committee on Education and the Workforce.

5139. A letter from the Chairman, Nuclear Regulatory Commission, transmitting a report on the nondisclosure of safeguards information for the quarter ending September 30, 1999, pursuant to 42 U.S.C. 2167(e); to the Committee on Commerce.

5140. A letter from the Secretary of Health and Human Services, transmitting the 1999 Biennial Report on the Scientific and Clinical Status of Organ Transplantation; to the Committee on Commerce.

5141. A letter from the Director, Defense Security Cooperation Agency, transmitting notification concerning the Department of the Army's proposed Letter(s) of Offer and Acceptance (LOA) to the Netherlands for defense articles and services (Transmittal No. 00-20), pursuant to 22 U.S.C. 2776(b); to the Committee on International Relations.

5142. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed Manufacturing License Agreement with United Kingdom [Transmittal No. DTC 12399], pursuant to 22 U.S.C. 2776(d); to the Committee on International Relations.

5143. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Italy [Transmittal No. DTC 12099], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5144. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to the Netherlands [Transmittal No. DTC 122-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5145. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Japan [Transmittal No. DTC 11299], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5146. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Japan [Transmittal No. DTC 129– 99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5147. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a

contract to Luxembourg, France [Transmittal No. DTC 127-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5148. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Japan [Transmittal No. DTC 114– 99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5149. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Federation of Bosnia and Herzegovina [Transmittal No. DTC 100-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5150. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to the United Kingdom [Transmittal No. DTC 92-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5151. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed with Manufacturing License Agreement Greece [Transmittal No. DTC 34-99], pursuant to 22 U.S.C. 2776(d); to the Committee on International Relations.

5152. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Japan [Transmittal No. DTC 8799], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5153. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed Technical Assistance agreement with Brazil [Transmittal No. DTC 25-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5154. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Turkey [Transmittal No. DTC 8– 99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5155. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Luxembourg [Transmittal No. DTC 128-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5156. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Japan [Transmittal No. DTC 130– 99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5157. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed Technical Assistance agreement with Greece [Transmittal No. DTC 118-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5158. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to the Republic of Korea [Trans

mittal No. DTC 102-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5159. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to the United Arab Emirates [Transmittal No. DTC 111-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5160. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed Manufacturing License Agreement with South Africa and Canada [Transmittal No. DTC 113-99], pursuant to 22 U.S.C. 2776(d); to the Committee on International Relations.

5161. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed Manufacturing License Agreement with Turkey [Transmittal No. DTC 137-99], pursuant to 22 U.S.C. 2776(d); to the Committee on International Relations.

5162. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a proposed license for the export of defense articles or defense services sold commercially under a contract to Canada [Transmittal No. DTC 145-99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations.

5163. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a of a proposed Manufacturing License Agreement with the United Kingdom [Transmittal No. DTC 11799], pursuant to 22 U.S.C. 2776(d); to the Committee on International Relations.

5164. A letter from the Assistant Secretary for Legislative Affairs, Department of State, transmitting certification of a of a proposed Manufacturing License Agreement with the Netherlands [Transmittal No. DTC 105-99], pursuant to 22 U.S.C. 2776(d); to the Committee on International Relations.

5165. A letter from the the Secretary of Housing and Urban Development, transmitting the A-76/Fair Act Inventory; to the Committee on Government Reform.

5166. A letter from the General Counsel, Office of Management and Budget, Executive Office of the President, transmitting reports on vacancies in Senate confirmed positions; to the Committee on Government Reform.

5167. A letter from the Executive Office of the President, United States Trade Representative, transmitting the inventory of commercial activities; to the Committee on Government Reform.

5168. A letter from the Independent Counsel, transmitting the Consolidated Annual Report on Audit and Investigative Activites and Management Control Systems, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee on Government Reform.

5169. A letter from the Office of the Independent Counsel, transmitting the report from the Independent Counsel Ralph I. Lancaster, Jr., pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee on Government Reform.

5170. A letter from the Acting Director, Office of Sustainable Fisheries, National Oceanic and Atmospheric Administration, transmitting the Administration's final ruleFisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands [Docket No. 9903040639063-01; I.D. 092499L] received November 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.

5171. A letter from the Acting Director, Office of Sustainable Fisheries, National Oceanic and Atmospheric Administration, transmitting the Administration's final rule

Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea Subarea of the Bering Sea and Aleutian Islands [Docket No. 990304063-9063-01; I.D. 091399A] received November 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.

5172. A letter from the Acting Director, Office of Sustainable Fisheries, National Oceanic and Atmospheric Administration, transmitting the Administration's final ruleFisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for New York [Docket No. 981014259-8312-02; I.D. 101999A] received November 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. 5173. A letter from the Acting Assistant Secretary of Commerce and Acting Commissioner of Patents and Trademarks, Department of Commerce, transmitting the Department's final rule-Changes to Permit Payment of Patent and Trademark Office Fees by Credit Card [Docket No. 991008272-9272-01] (RIN: 0651-AB07) received October 29, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.

5174. A letter from the Program Analyst, FAA, Department of Transportation, transmitting the Department's final rule-Revision of Class E Airspace; El Paso, TX [Airspace Docket No. 99-ASW-26] received November 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure.

5175. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting the Service's final rule-Examination of returns and claims for refund, credit or abatement; determination of correct tax liability [Rev. Proc. 99-41] received November 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.

¶125.4

MESSAGE FROM THE SENATE

A message from the Senate by Ms. McDevitt, one of its clerks, announced that the Senate has passed bills and concurrent resolutions of the following titles in which concurrence of the House is requested:

S. 440. An Act to provide support for certain institutes and schools.

S. 1843. An Act to designate certain Federal land in the Talladega National Forest, Alabama, as the "Dugger Mountain Wilderness".

S. 1844. An Act to amend part D of title IV of the Social Security Act to provide for an alternative penalty procedure with respect to compliance with requirements for a State disbursement unit.

S. Con. Res. 66. Concurrent resolution to authorize the printing of "Capitol Builder: The Shorthand Journals of Captain Montgomery C. Meigs, 1853–1861”.

S. Con. Res. 67. Concurrent resolution to authorize the printing of "The United States Capitol: A Chronicle of Construction, Design, and Politics".

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Combest Condit Conyers Cook Cooksey Cox Coyne Cramer

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Crowley Cubin

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Cummings Cunningham Danner Davis (FL) Davis (IL) Davis (VA)

Deal

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DeGette Delahunt

DeLauro

DeLay DeMint Deutsch

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erage through HealthMarts, and for other purposes, and for consideration of the bill (H.R. 2723) to amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage, to insist on the provisions of the Bipartisan Consensus Managed Care Improvement Act of 1999 (Division B of H.R. 2990 as passed by the House), and within the scope of conference to insist that such provisions be paid for.

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. KOLBE, announced that the yeas had it.

Mr. SHADEGG 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 6, rule XX, and the call was taken by electronic device.

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Costello

LoBiondo

Taylor (MS)

Baker

Goss
Granger
Green (WI)
Greenwood

DeFazio

Markey

Thompson (CA)

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Dickey

McDermott

Thompson (MS)

Nays

167

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English

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125.8

[Roll No. 558]

Barton

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NAYS-167

Hastings (WA)
Hayes

Peterson (PA)
Petri
Pickering
Pitts
Pombo

Portman

Pryce (OH)

Radanovich
Ramstad
Regula

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Abercrombie Ackerman

Davis (VA)

DeFazio

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Hoyer Hunter Hyde Inslee

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Boehner

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Hoekstra
Hostettler

ANSWERED "PRESENT"-2

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Burr

Houghton
Hutchinson

Rogers
Rohrabacher

Royce
Ryan (WI)
Ryun (KS)

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NOT VOTING-36

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Callahan

Salmon

Sanford

Schaffer

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Becerra

Dooley

Jones (OH)

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Calvert

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Kanjorski Kaptur Kennedy Kildee Kilpatrick

Camp

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Kind (WI) King (NY) Kleczka Klink Kucinich LaFalce Lampson

Chenoweth-Hage

Knollenberg
Kolbe
Kuykendall
LaHood

Shimkus

Shuster

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Simpson
Skeen
Smith (MI)
Smith (TX)
Souder

Spence

Stearns

Stump

So the journal was approved.

1125.7 MOTION TO INSTRUCT

CONFEREES-H.R. 2990

Mr. DINGELL submitted the privileged motion to instruct the managers on the part of the House at the conference with the Senate on the disagreeing votes of the two Houses on the Senate amendment to the bill (H.R. 2990) to amend the Internal Revenue Code of 1986 to allow individuals greater access to health insurance through a health care tax deduction, a long-term care deduction, and other health-related tax incentives, to amend the Employee Retirement Income Security Act of 1974 to provide access to and choice in health care through association health plans, to amend the Public Health Service Act to create new pooling opportunities for small employers to obtain greater access to health cov

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Deal

Lucas (OK)

Sununu

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Brady (PA)

Frank (MA)

Brady (TX)

Brown (FL)

Franks (NJ) Frelinghuysen

Brown (OH) Capps

Frost Ganske

LaTourette
Leach
Lee
Levin

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Lewis (GA)

Dreier

Capuano Cardin Carson Castle Chambliss

Gejdenson

Lipinski

Dunn

Metcalf
Mica

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Moran (KS)

Clay

Clayton Clement Clyburn Coble Condit Conyers Cook

Gilman Gonzalez Gordon Graham Green (TX) Gutierrez

Lucas (KY) Luther

Everett

Ewing

Maloney (CT) Maloney (NY) Markey

Fletcher

Myrick
Nethercutt
Ney

Miller (FL)
Miller, Gary

Tauzin
Taylor (NC)
Terry
Thomas

Thornberry

Thune
Tiahrt

Toomey

Upton

Vitter

Fossella

Martinez

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Fowler
Gallegly
Gekas
Gillmor

McCarthy (NY)

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McCarthy (MO)

Goode
Goodlatte
Goodling

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Meehan

Rush

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.

1125.9 NOTICE REQUIREMENT QUESTION OF PRIVILEGES OF THE HOUSE

Mr. DOYLE, pursuant to clause 2(a)(1) of rule IX, announced his intention to call up the following resolution, as a question of the privileges of the House:

Calling on the President to abstain from renegotiating international agreements governing antidumping and countervailing measures.

Whereas under Art. I. Section 8 of the Constitution, the Congress has power and responsibility with regard to foreign commerce and the conduct of international trade negotiations:

Whereas the House of Representatives is deeply concerned that, in connection with the World Trade Organization ("WTO") Ministerial meeting to be held in Seattle, Washington, and the multilateral trade negotiations expected to follow, a few countries are seeking to circumvent the agreed list of negotiations topics and reopen debate over the WTO's antidumping and antisubsidy rules;

Whereas the Congress has not approved new negotiations on antidumping or antisubsidy rules and has clearly, but so far informally, signaled its opposition to such negotiations;

Whereas strong antidumping and antisubsidy rules are a cornerstone of the liberal trade policy of the United States and are essential to the health of the manufacturing and farm sectors in the United States;

Whereas it has long been and remains the policy of the United States to support its antidumping and antisubsidy laws and to defend those laws in international negotiations;

Whereas an important part of Congress' participation in the formulation of trade policy is the enactment of official negotiating objectives against which completed agreements can be measured when presented for ratification;

Whereas the current absence of official negotiating objectives on the statute books must not be allowed to undermine the Congress' constitutional role in charting the direction of United States trade policy;

Whereas, under present circumstances, launching a negotiation that includes antidumping and antisubsidy issues would effect the rights of the House and the integrity of its proceedings;

Whereas the WTO antidumping and antisubsidy rules concluded in the Uruguay Round has scarcely been tested since they entered into effect and certainly have not proved defective:

Whereas opening these rules to renegotiation could only lead to weakening them, which would in turn lead to even greater abuse of the world's open markets, particularly that of the United States;

Whereas conversely, avoiding another diversive fight over these rules is the best way to promote progress on the other, far more important, issues facing WTO members; and

Whereas it is therefore essential that negotiations on these antidumping and antisubsidy matters not be reopened under the auspices of the WTO or otherwise: Now, therefore, be it

Resolved, That the House of Representatives calls upon the President

(1) not to participate in any international negotiations in which antidumping or antisubsidy rules are part of the negotiating agenda;

(2) to refrain from submitting for congressional approval agreements that require changes to the current antidumping and countervailing duty laws and enforcement policies of the United States; and

(3) to enforce the antidumping and countervailing duty laws vigorously in all pending and future cases.

The SPEAKER pro tempore, Mr. KOLBE, responded to the foregoing notice, and said:

"Under rule IX, a resolution offered from the floor by a Member other than the majority leader or the minority leader as a question of the privileges of the House has immediate precedence only at a time or place designated by the Chair within two legislative days after the resolution is properly noticed.

"Pending that designation, the form of the resolution noticed by the gentleman from Pennsylvania [Mr. DOYLE] will appear in the Record at this point.

"The Chair will not at this point determine whether the resolution constitutes a question of privilege. That determination will be made at the time designated for consideration of the resolution.".

$125.10 NOTICE REQUIREMENT-QUESTION OF PRIVILEGES OF THE HOUSE

Mr. KLINK, pursuant to clause 2(a)(1) of rule IX, announced his intention to call up the following resolution, as a question of the privileges of the House:

Calling on the President to abstain from renegotiating international agreements governing antidumping and countervailing measures.

Whereas under Art. I, Section 8 of the Constitution, the Congress has power and responsibility with regard to foreign commerce and the conduct of international trade negotiations;

Whereas the House of Representatives is deeply concerned that, in connection with the World Trade Organization (WTO") Ministerial meeting to be held in Seattle, Washington, and the multilateral trade negotiations expected to follow, a few countries are seeking to circumvent the agreed list of negotiation topics and reopen debate over the WTO's antidumping and antisubsidy rules; Whereas the Congress has not approved new negotiations on antidumping or antisubsidy rules and has clearly, but so far informally, signaled its opposition to such negotiations;

antidumping

and

Whereas strong antisubsidy rules are a cornerstone of the liberal trade policy of the United States and are essential to the health of the manufacturing and farm sectors in the United States;

Whereas it has long been and remains the policy of the United States to support its antidumping and antisubsidy laws and to defend those laws in international negotiations:

Whereas the current absence of official negotiating objectives on the statute books must not be allowed to undermine the Congress' constitutional role in charting the direction of United States trade policy;

Whereas the WTO antidumping and antisubsidy rules concluded in the Uruguay Round have scarcely been tested since they entered into effect and certainly have not proved defective;

Whereas opening these rules to renegotiation could only lead to weakening them,

which would in turn lead to even greater abuse of the world's open markets, particularly that of the United States;

Whereas conversely, avoiding another divisive fight over these rules is the best way to promote progress on the other, far more important, issues facing WTO members; and Whereas it is therefore essential that negotiations on these antidumping and antisubsidy matters not be reopened under the auspices of the WTO or otherwise: Now, therefore, be it

Resolved, That the House off Representatives calls upon the President

(1) not to participate in any international negotiation in which antidumping or antisubsidy rules are part of the negotiating agenda;

(2) to refrain from submitting for congressional approval agreements that require changes to the current antidumping and countervailing duty laws and enforcement policies of the United States; and

(3) to enforce the antidumping and countervailing duty laws vigorously in all pending and future cases.

The SPEAKER pro tempore, Mr. KOLBE, responded to the foregoing notice, and said:

"Under rule IX, a resolution offered from the floor by a Member other than the majority leader or the minority leader as a question of the privileges of the House has immediate precedence only at a time or place designated by the Chair within two legislative days after the resolution is properly noticed. "Pending that designation, the form of the resolution noticed by the gentleman from Pennsylvania [Mr. KLINK] will appear in the Record at this point.

"The Chair will not at this point determine whether the resolution constitutes a question of privilege. That determination will be made at the time designated for consideration of the resolution.".

1125.11 PROVIDING FOR THE

CONSIDERATION OF H.R. 2389

Ms. PRYCE of Ohio, by direction of the Committee on Rules, called up the following resolution (H. Res. 352):

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2389) to restore stability and predictability to the annual payments made to States and counties containing National Forest System lands and public domain lands managed by the Bureau of Land Management for use by the counties for the benefit of public schools, roads, and other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. 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 Agriculture. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment recommended by the Committee on Agriculture now printed in the bill, 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 printed in the Congressional Record and numbered 1 pursuant to clause 8 of rule XVIII, modified by the amendments printed in the report of the Committee on Rules accompanying this res

olution. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. 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 8 of rule XVIII. Amendments so printed shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. 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 amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

When said resolution was considered. After debate,

On motion of Ms. PRYCE of Ohio, 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.

1125.12 APPOINTMENT OF CONFEREES—

H.R. 2990

The SPEAKER appointed the following Members as managers on the part of the House to the conference with the Senate on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2990) to amend the Internal Revenue Code of 1986 to allow individuals greater access to health insurance through a health care tax deduction, a long-term care deduction, and other health-related tax incentives, to amend the Employee Retirement Income Security Act of 1974 to provide access to and choice in health care through association health plans, to amend the Public Health Service Act to create new pooling opportunities for small employers to obtain greater access to health coverage through HealthMarts, and for other purposes:

From the Committee on Commerce, for consideration of the House bill, and the Senate amendment, and modifications committed to conference:

Messrs. BLILEY, BILIRAKIS, SHADEGG, DINGELL, and PALLONE.

From the Committee on Ways and Means, for consideration of the House bill, and the Senate amendment, and modifications committed to conference:

Mr. ARCHER and Mr. THOMAS, Mrs. JOHNSON of Connecticut, Mr. RANGEL and Mr. STARK, provided that Mr. MCCRERY is appointed in lieu of Mrs. JOHNSON of Connecticut for consideration of title XIV of the House bill and sections 102, 111(b) and 304 and title II of the Senate amendment.

From the Committee on Education and the Workforce for consideration of the House bill, and the Senate amendment, and modifications committed to conference:

Messrs. BOEHNER, TALENT, FLETCHER, CLAY, and ANDREWS.

As additional conferees from the Committee on Government Reform, for consideration of section 503 of the Senate amendment, and modifications committed to conference:

Messrs. BURTON of Indiana, SCARBOROUGH, and WAXMAN.

As additional conferees for consideration of the House bill, and the Senate amendment, and modifications committed to conference:

Mr. Goss and Mr. BERRY.

Ordered, That the Clerk notify the Senate of the foregoing appointments. 1125.13 COUNTY SCHOOLS FUNDING REVITALIZATION

The SPEAKER pro tempore, Ms. PRYCE of Ohio, pursuant to House Resolution 352 and rule XVIII, 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. 2389) to restore stability and predictability to the annual payments made to States and counties containing National Forest System lands and public domain lands managed by the Bureau of Land Management for use by the counties for the benefit of public schools, roads, and other purposes.

The SPEAKER pro tempore, Ms. PRYCE of Ohio, by unanimous consent, designated Mr. KOLBE as Chairman of the Committee of the Whole; and after some time spent therein,

1125.14 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment submitted by Mr. UDALL of Colorado:

Page 12, strike line 11 and all that follows through line 9 on page 13, and insert the following:

(d) ELECTION TO RESERVE PORTION OF PAYMENT FOR TITLE II PROJECTS.-Each eligible county that receives a distribution under subsection (c) for a fiscal year may elect to reserve up to 20 percent of the funds for expenditure in accordance with title II.

Page 14, strike lines 13 through 22, and insert the following:

ELECTION TO RESERVE PORTION OF PAYMENT FOR TITLE II PROJECTS.-Each eligible county to which a payment is made under subsection (a) for a fiscal year may elect to reserve up to 20 percent of the payment for expenditure in accordance with title II.

Page 15, strike lines 9 through 19, and insert the following:

(B) elects under section 102(d) or 103(d) to expend a portion of those funds in the manner provided in this title.

(2) PROJECT FUNDS.-The term "project funds" means all funds reserved by an eligi

ble county under section 102(d) or 103(d) for expenditure in accordance with this title.

Page 33, lines 18 and 19, strike "the funds reserved by the county under section 102(d)(1)(A) or 103(d)(1)" and insert "25-percent payments or 50-percent payments".

Page 34, lines 8 and 9, strike "the funds reserved by the county under section 102(d)(1)(A) or 103(d)(1)" and insert "25-percent payments or 50-percent payments".

Page 35, line 24, strike "section 102(d)(1)(B)" and insert "section 102)d)". Page 36, line 6, strike "section 103(d)(2) and insert "section 103(d)".

It was decided in the negative

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Yeas ... 186 Nays ... 241

Hinchey

Neal

Hinojosa

Obey

Hoeffel

Olver

Holden

Owens

Holt Horn

Pallone

Pascrell

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Baldacci

Baldwin

Barcia

Berry

Blagojevich Blumenauer

Bonior

Borski

Boucher

Brady (PA) Brown (OH) Campbell Capps

Capuano Cardin

Carson Castle Clay

Johnson (CT)

Johnson, E. B.

Jones (OH)

Kanjorski

Kaptur Kasich

Kelly

Kennedy

Kildee

Kind (WI)

Price (NC)

Rahall

Ramstad

Rangel
Rivers

Rodriguez

Roemer Rohrabacher

Rothman

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Kleczka

Kucinich

LaFalce

Lantos

Larson

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