F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may consume. I rise in support of H.R. 1273, the National Science Foundation Act of 1997. It is particularly appropriate that the House consider this legislation at this time because this week is National Science and Technology Week. This House can be proud of the work of the Members on both sides of the aisle in developing the blueprint of the 105th Congress for strong support of research, development, and science education. The National Science Foundation provides funding to over 19,000 research and education projects in science and engineering annually. It does this through grants and cooperative agreements to more than 2,000 colleges, universities, K-12 schools, businesses and other research institutions in all parts of the United States. The foundation accounts for about 25 percent of Federal support to academic institutions for basic research. This 2-year authorization improves our investment in America by strengthening our commitment to the National Science Foundation. The bill authorizes approximately $3.5 billion for fiscal year 1998. The bipartisan support for this bill demonstrates the committee's belief that the support of basic research will provide America with the lead role for science in the future. It is through basic research that we will make the fundamental discoveries that will become the economic drivers in the 21st century. H.R. 1273 provides for $2.56 billion, or a 5.4-percent increase over fiscal year 1997, in the research and related activities account. In fiscal year 1999, the bill then further increases the RR&A account to $2.74 billion, a 7-percent increase over fiscal year 1998. The research and related activities account is NSF's primary account. It provides the resources that allow the United States to uphold world leadership in a variety of science and engineering activities. This legislation follows through on the committee's commitment to improve math and science education. In the Education and Human Resources Directorate, the bill incorporates the President's request of $625 million, a 1.1-percent increase over fiscal year 1998, and then provides 3 percent growth in this program to over $644 million in fiscal year 1999. The major research equipment account completes funding for the construction of the Laser Interferometer Gravitational Wave Observatory Program, LIGO, for short. This account provides funds for two new programs: the Millimeter Array Radio Telescope and the Polar Cap Observatory. The MMA will be the world's most sensitive, highest resolution millimeter-wavelength telescope and will provide a testing ground for theories of star birth, galaxy formation and the evolution of the universe. The Polar Cap Observatory will provide new measurement capabilities for studying and monitoring space weather, the conditions in space environment that can influence the performance of satellites, affect power grids and disrupt telecommunications. In addition, the bill provides for the one time, full authorization of the Antarctic Rehabilitation Program. As the distinguished chairman of the NSF's External Review Panel on Antarctic Programs, Norm Augustine, testified before our committee: It's our belief we would not send a ship to sea or a spacecraft to orbit in the condition of the facilities that we have at the pole. I am proud to say this legislation fully authorizes the resources necessary to rebuild the facilities in Antarctica and protect the health and safety of our scientists as well as the very fragile Antarctic environment. In our drive to hold down expenses, the salaries and expense account of NSF has been held to approximately 2-percent growth in fiscal years 1998 and 1999. The committee commends NSF for their low overhead rate and expects them to continue to maximize efficiency and productivity. Finally, the Office of the Inspector General is funded at the President's request for fiscal year 1998 and provided a 3-percent growth in fiscal year 1999. I wish to express my appreciation to the chairman of the Basic Research Subcommittee, the gentleman from New Mexico [Mr. Schiff], the ranking minority member of the subcommittee, the gentleman from Michigan [Mr. Barcia], and the gentleman from California [Mr. Brown], ranking minority members of the full committee, for their efforts and support in crafting a bipartisan bill that received overwhelming support in the Committee on Science. I believe that this is an outstanding bill and urge Members to support H.R. 1273. Mr. Chairman, I reserve the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent that the remainder of the bill be printed in the Record, and open to amendment at any point.

Mr. SENSENBRENNER. Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Chairman, I yield such time as she may consume to the gentlewoman from Maryland [Mrs. Morella], who is the chair of the subcommittee.

Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may consume. (Mr. SENSENBRENNER asked and was given permission to revise and extend his remarks.)

Mr. SENSENBRENNER. Mr. Chairman, I rise today to present H.R. 1274, the National Institute of Standards and Technology Authorization Act of 1997. I would like to thank and congratulate the subcommittee chairwoman, the gentlewoman from Maryland [Mrs. Morella] and the ranking member, the gentleman from Tennessee [Mr. Gordon] for crafting such a fine bill. H.R. 1274 authorizes all the programs under the Technology Administration in the Department of Commerce that require appropriations for fiscal years 1998 and 1999. The Technology Administration includes the Office of the Under Secretary and the Office of Technology Policy in NIST, which is responsible for the vast majority of programs that make up the Technology Administration. Mr. Chairman, H.R. 1274 is a fiscally responsible bill. It authorizes $609 million for fiscal 1998, a decrease of over $92 million, or 13 percent from the administration's request. In fiscal year 1999 the bill authorizes a total of $628 million, again $116 million or 16 percent below the administration's projected budget. While spending less than the administration requested, the bill manages to do more. In authorizing NIST programs, the bill prioritizes funding for NIST laboratory functions, increasing their funding by 5 percent for fiscal 1998 and 3 percent for fiscal 1999, while reducing funding for lower priority programs such as the advanced technology program, and providing no funding for new administration initiatives such as the experimental program to stimulate competitive technology, or EPSCOT, for short. Specifically, the bill authorizes $278.6 million for NIST laboratory activities in fiscal 1998 and $286.9 million in fiscal 1999. The NIST laboratories have been called the crown jewel of the Technology Administration, and H.R. 1274 will help ensure that they have sufficient funding to continue their vital work of safeguarding the accuracy of standards necessary for domestic and international commerce. H.R. 1274 includes $117.8 million for the manufacturing extension program in fiscal 1998 and $111.3 million in fiscal 1999. These totals will allow for full funding of all 75 existing MEP centers and will cover the administrative costs associated with running the program. The bill also reforms and authorizes reduced funding for ATP in fiscal 1998 and fiscal 1999. ATP is authorized at $185 million in 1998 and $150 million in fiscal 1999. These levels represent decreases of $40 million and $75 million, respectively, from the fiscal year 1997 appropriated total of $225 million. The bill further reforms the program's match requirements, requiring a 60 percent match from all joint venture grant recipients and non-small business single awardees. To ensure that ATP grants are not simply displacing private capital, the bill also contains language requiring a review of ATP applications to ensure that an ATP grant is actually required in order to enable the project to go forward. Finally, the bill authorizes funding for NIST critical maintenance and construction needs for fiscal 1998 and fiscal 1999. In order to ensure that construction funding is used in the most appropriate manner, H.R. 1274 includes a certification requirement precluding the Department from obligating any money to new construction unless it meets the requirements of NIST's new facilities plan. Accordingly, the authorization language includes provisions to reduce scientific research earmarks, to require the Committee on Science to receive notice of any reprogramming of NIST funds, and to express the sense of Congress that NIST should address the year 2000 computer date field program. Mr. Chairman, H.R. 1274 is a sound bill. It is fiscally responsible, and will help ensure that NIST programs, which are some of our Nation's most important technology research and development programs, receive the funding they require during the next 2 fiscal years. I encourage all my colleagues to join me in supporting the National Institute of Science and Technology Authorization Act of 1997. Mr. Chairman, I reserve the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1273, 1274 and 1275, the bills passed today.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Chairman, I yield the final 4 minutes to the gentleman from California [Mr. Rohrabacher], the subcommittee chairman.

Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Brady].

Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may consume and I rise in opposition to the amendment. Mr. Chairman, the gentleman from Indiana [Mr. Roemer] gets high marks for persistence. This is his annual amendment to kill the space station. However, he gets equally low marks for his logic, because he wants the American taxpayer to back away from the $18 billion that we have already spent on the space station, leaving this house half built, breaking the international commitments that we have made to our closest allies in Western Europe, Canada, and Japan, and stiffing them the $6 billion that they have spent out of their own funds because he says, ``the space station has no useful purpose.'' The space station does have a useful purpose, and it also means that if we build the space station, we will continue to have the United States of America be the leadership in manned space flight for the next generation. If the gentleman from Indiana [Mr. Roemer] has his way, not only will America be out of manned space flight, but so will the rest of the world, because these programs are so expensive they have to be internationalized, and no other country will be able to pick that up. I think that would be a shame. I think it would be shocking. I think it would demonstrate that the United States of America is an unreliable partner because of the commitments that we have asked other countries to undertake in building the space station, and which all but Russia have done so and have spent their own taxpayers' money. If the gentleman from Indiana has his way, it is going to be a long time before other countries rely on the United States of America in any international undertaking, whether it be in space or in science or anything else, because if we back away from the space station now, we will have burned them so significantly with funds on their own. The gentleman from Indiana says that if we kill the space station, we can save a great big bunch of money. I have heard the figure $75 billion touted about. I do not know whether that is accurate or not. But that includes the cost of maintaining and operating the shuttles that will be used for assembling the space station. That cost is going to be there. If the space station is not set up, we are going to be using the shuttles for other things and expending the taxpayers' money for it, so very little of that $75 billion is going to be saved, because we will be utilizing the equipment that the taxpayers have already bought and paid for, as well as paying for other types of microgravity research. The fact is that the cost of completing and operating the space station between now and the year 2012 will be about $23 billion for the United States, about $10 billion to finish the station by the year 2002, and about $13 billion to operate it for the next 10 years. That includes the cost of the shuttle flights and the research in this total. We hear the argument all along that it is no-good science. Now, I have heard a lot of testimony of scientists in my time on the Committee on Science, and many of the scientists approach the Committee on Science saying the science that I am doing is good science and we should give more money to it. The science that other scientists are doing I think should be a much lower priority, and I really do not care if you defund it. So we can trot out scientists on each side of the argument. But let me quote what some of the scientists told the subcommittee of the gentleman from California [Mr. Rohrabacher] a couple of weeks ago. Dr. Larry DeLucas of the University of Alabama at Birmingham testified that shuttle-based microgravity research has led to ongoing clinical tests in drugs for the flu, stroke, and open heart surgery. The shuttle's maximum duration mission is 16 days. The station is permanent, and we can do much more research on that. Dr. Jane Milburn Jessup of Harvard Medical School is researching colon cancer through space research. Dr. Lelund Chung of the University of Virginia is studying prostate cancer through space research. Dr. Reggie Edgerton of the Division of Life Sciences at UCLA testified that microgravity research is already aiding studies of neurocell regeneration, which can help us cure or ameliorate spinal cord and other nerve injuries. I am married to a person who has a spinal cord injury, who is paralyzed from the waist down. It is a terrible disability for anybody to have that kind of an injury. If we can figure out some way, any way, to help regenerate those neurocells following a spinal cord injury, the grief, the trauma, the pain that someone like my wife has to endure can be solved for future people who might have those kinds of injuries. Now, we can accelerate this research by having a permanent space station rather than having 16-day shuttle missions. We are building a space station that allows this research to be done 365 days a year. Mr. Chairman, I hope the Members do not back out on their previous commitments to the space station. I hope the Members, once again, reject the Roemer amendment. Mr. Chairman, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent that 15 minutes of my time be yielded to the gentleman from Alabama [Mr. Cramer], and that he have the right to yield portions of that time as he sees fit.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I rise today to ask that the House suspend the rules and pass the bill, H.R. 1272, the Fire Administration Authorization Act of 1977. Mr. Speaker, this bill, as amended, was reported favorably by voice vote with overwhelming bipartisan support by the Committee on Science on April 16, 1997. H.R. 1272 reauthorizes the programs and activities of the U.S. Fire Administration, a small but important Federal agency within the Federal Emergency Management Agency. The USFA was created by Congress in 1974 in response to a report by the President's National Commission on Fire Prevention and Control, entitled ``America Burning,'' which presented a dismal assessment of the Nation's fire problem. The report found that nearly 12,000 lives were lost to fire yearly in this country. In addition, fire was found to be responsible for more than 300,000 injuries and over $3 million in economic losses. Congress reacted to the report by declaring a Federal role for reducing fire losses and created the USFA and the National Fire Academy. The USFA is currently charged with helping prevent and control fire-related losses through, first, coordination of the Nation's fire safety and emergency medical service activities; second, educating the public on fire prevention and control; third, collecting, analyzing and disseminating data related to fire; fourth, promoting the use of sprinkler systems in residential and commercial buildings; fifth, conducting research and development on fire suppression; sixth, promoting fire fighter health and safety; and seventh, coordinating with other agencies charged with emergency response responsibilities. The USFA administers the National Fire Academy. The academy provides management-level training and education to fire and emergency service personnel and fire protection and control activities. The Fire Academy, located in Emmitsburg, MD, trains tens of thousands of fire and emergency personnel a year through its on and off campus programs. Year after year during budget hearings held by the committee, witnesses from the volunteer and paid fire services, as well as emergency services, have testified to the important and indispensable role the USFA and NFA pay and their ability to perform their responsibilities. For a modest Federal expenditure, the USFA leverages the resources of tens of thousands of fire departments nationwide. The USFA provides training and education to firefighters, provides them with data which enables them to fight fires more efficiently and safely, and performs research on lifesaving protective clothing and gear as well as new fire suppression technologies. All of these activities could not be done as well, if at all, if the tight budgets of volunteer fire departments, without whom the Nation would be incapable of protecting lives and property without an enormous expenditure of money, money which I will hasten to say would be raised through local property taxes. H.R. 1272 authorizes $29.6 million in fiscal year 1998 and $34.5 million in fiscal year 1999, a 3 percent annual increase over the administration's request of $28.7 million. The USFA needs the slight increase because the agency recently acquired a new mission. The USFA's new mission, counter terrorism training for emergency response personnel, arose from the enactment of the Antiterrorism and Effective Death Penalty Act passed last year by the Congress and signed by the President. Counter terrorism training for first responders is an appropriate function for the USFA as it is frequently local fire and emergency departments who are first on the scene not only to battle fires, but also to react to acts of terrorism such as the bombings in Oklahoma City and the World Trade Center in New York. In fact, counter terrorism training complements and supplements many of the traditional first responder training programs currently offered through the National Fire Academy. Following enactment of the Antiterrorism Act, money was appropriated to FEMA and the USFA in the Omnibus Appropriations Act of 1997 to begin counter terrorism training this year. The USFA's fiscal 1998 budget request includes for the first time an appropriation for this activity, without a corresponding increase in the overall budget request. During the committee's budget hearing on USFA, the administrator explained that request reflects the incorporation of counter terrorism training as a new, permanent mission of the agency and that the arson budget would be decreased in order to fund this mission. As I have stated before, counter terrorism training is relevant and appropriately performed within the USFA. However, the Committee on Science feels that a slight increase in the budget is necessary in order to accommodate the new mission, while ensuring that the agency's core missions, including arson, are not negatively impacted. The other sections of H.R. 1272 include: first, technical changes to the fire protection standards; second, a provision requiring that the administrator inform Congress in advance of any effort to privatize or terminate agency activities; third, a prohibition of funds authorized by this act for congressional lobbying; fourth, a limitation on unauthorized appropriations; fifth, a 5-year limitation on future grants to a person who received noncompetitive, merit-reviewed awards; sixth, a requirement that reprograming notices be required by the Appropriations Committees must be provided to the authorizing committees; and seventh, a sense of Congress resolution emphasizing that planning should begin immediately to assess and correct any computer systems affected by the year 2000 date-related software problem and requires the USFA to comply with the Buy American Act. I understand that there is some confusion among Members about this bill based upon erroneous information that many offices received regarding the bill's authorization levels compared with fiscal year 1997 spending. The original appropriation to USFA for fiscal 1997 was $27.6 million. However, late last year Congress appropriated an additional $2.5 million to USFA for a new mission in counter terrorism training, which raised the spending level to 30.1 million in fiscal year 1997. This was in response to a supplemental request by the administration for funds authorized in the antiterrorism and effective death penalty act of 1996. Let me be clear that the authorization levels in this bill of 29.6 million for fiscal 1998 and $30.5 million for fiscal 1999 are lower than the fiscal 1997 appropriated final level of $30.1 million. Mr. Speaker, in closing I wish to thank the chairman, the gentleman from New Mexico [Mr. Schiff], and the ranking minority member, the gentleman from Michigan [Mr. Barcia], of the Subcommittee on Basic Research of the Committee on Science for their hard work on this legislation as well as the full committee's ranking member, the gentleman from California [Mr. Brown]. I urge the Houses's support of this bill. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. (Mr. SENSENBRENNER asked and was given permission to revise and extend his remarks.)

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1272) to authorize appropriations for fiscal years 1998 and 1999 for the United States Fire Administration, and for other purposes, as amended.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my time to just briefly thank the gentleman from Michigan [Mr. Barcia], and the gentleman from California [Mr. Brown], and all of the members of the Committee on Science for working hard to expedite in a bipartisan manner this very important bill.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that the order of the House of February 12, 1997, be extended through Wednesday, May 7, 1997, with the following modification: After ``minority leader'' insert: ``, or a Member designated from the floor by the majority leader or the minority leader at the time of notice pursuant to clause 2(A)(1) of rule IX,''.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to include extraneous material on H.R. 1272, the bill just passed.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that the Committee on Science have until 6 p.m. Tuesday, April 22, 1997 to file reports on the following bills: H.R. 1276, the Environmental Research, Development and Demonstration Authorization Act; H.R. 1277, the Department of Energy Civilian Research and Development Act; and H.R. 1278, the National Oceanic and Atmospheric Administration Authorization Act. These requests have been cleared with and approved by the minority.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move that the House do now adjourn.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I rise today to bring to your attention the retirement of Mr. David D. Clement, a key staff member on the Committee on Science. On March 21, 1997, Mr. Clement retired after 35 years of Government service. Mr. Clement, a native of Vallejo, CA, began his career in the House of Representatives in June 1965 while still attending George Washington University. His early service on Capitol Hill included duty with the U.S. Capitol Police and the Clerk of the House. While serving as administrative assistant to the late Lawrence G. Williams, he was a congressional alternate member of the American Revolution Bicentennial Commission. He also served on the Republican staff of the Committee on Appropriations before joining the Science Committee in the spring of 1977. He was appointed as chief of staff and chief counsel by Congressman Robert S. Walker in January 1989. Before coming to Washington, Clement served in the U.S. Marine Corps with the 1st Marine Division. He retired from the Naval Reserve in 1995. He is a graduate of the George Washington University with a B.B.A. in 1969 and a M.S. in 1972. He also graduated from the George Mason University School of Law in 1980 and is a member of the bars of the U.S. Supreme Court, the U.S. Court of Military Appeals, the Commonwealth of Virginia, and the District of Columbia. Mr. Speaker, I ask that you join me, our colleagues, and Mr. Clement's many friends, in thanking Mr. Clement for his many years of service to the United States of America.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I rise in earnest support of the Partial-Birth Abortion Ban Act. I thank the chairman of the Constitution Subcommittee, Mr. Candy, for yielding and for his dedication to this cause. It is regrettable the President vetoed this bill, but thankfully, Mr. Candy, along with Chairman Hyde, have continued the fight and today we again have the opportunity to present our case to the American people and to appeal directly to the President to reconsider his misguided position. The President's veto of the Partial-Birth Abortion Ban Act is indefensible and his reason for vetoing the bill does not hold up under scrutiny. The President claims this abortion procedures is the ``only way,'' for women with certain prenatal complications to avoid serious physical damage, including the ability to bear further children. If this is accurate, then why is partial-birth abortion not taught in a single medical residency program anywhere in the United States? Why has no peer-reviewed medical research ever endorsed it? The fact is a partial-birth abortion is never necessary to preserve the health or future fertility of the mother. However, you do not have to take my word for it. Former Surgeon General C. Everett Koop has stated he believes the President was ``mislead by his medical advisors on what is fact and what is fiction in reference to late-term abortions.'' Dr. Koop concluded that there was no way he could twist his mind to see that a partial-birth abortion is a medical necessity for the mother. Hundreds of other doctors have come forward to reiterate Dr. Koop's position. The sad and dangerous fact is the partial-birth abortion procedure itself is very risky and poses a significant threat to the pregnant woman's health and fertility. The difference between a partial-birth abortion and homicide is a mere 3 inches. A Congress, President, and society that strives for civility and decency should not tolerate such barbarism.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, in accordance with clause 2(a) of rule XI of the Rules of the House, I am submitting for printing in the Congressional Record a copy of the rules governing procedure for the Committee on Science for the 105th Congress, adopted on March 12, 1997. Rule 1. General Provisions (a) The Rules of the House of Representatives, as applicable, shall govern the committee and its subcommittees, except that a motion to recess from day to day and a motion to dispense with the first reading (in full) of a bill or resolution, if printed copies are available, are non- debatable motions of high privilege in the committee and its subcommittees. The rules of the committee, as applicable, shall be the rule of its subcommittees. oversight reports (b) A proposed investigative or oversight report shall be considered as read if it has been available to the members of the committee for at least 24 hours (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such day). Rule 2. Committee Meetings time and place (a) Unless dispensed with by the Chairman, the meetings of the committee shall be held on the 2nd and 4th Wednesday of each month the House is in session at 10:00 a.m. and at such other times and in such places as the Chairman may designate. (b) The Chairman of the committee may convene as necessary additional meetings of the committee for the consideration of any bill or resolution pending before the committee or for the conduct of other committee business. (c) The Chairman shall make public announcement of the date, time, place and subject matter or any of its hearings at least one week before the commencement of the hearing. If the Chairman, with the concurrence of the Ranking Minority Member, determines there is good cause to begin the hearing sooner, or if the committee so determines by majority vote, a quorum being present for the transaction of business, the Chairman shall make the announcement at the earliest possible date. Any announcement made under this Rule shall be promptly published in the Daily Digest, and promptly entered into the scheduling service of the House Information Systems. Vice Chairman to Preside in Absence of Chairman (d) Meetings and hearings of the committee shall be called to order and presided over by the Chairman or, in the Chairman's absence, by the member designated by the Chairman as the Vice Chairman of the committee, or by the ranking majority member of the committee present as Acting Chairman. order of business (e) The order of business and procedure of the committee and the subjects of inquiries or investigations will be decided by the Chairman, subject always to an appeal to the committee. membership (f) A majority of the majority Members of the committee shall determine an appropriate ratio of majority to minority Members of each subcommittee and shall authorize the Chairman to negotiate that ratio with the minority party; Provided, however, that party representation on each subcommittee (including any ex-officio Members) shall be no less favorable to the majority party than the ratio for the Full Committee. Provided, further, that recommendations of conferees to the Speaker shall provide a ratio of majority party Members to minority party Members which shall be no less favorable to the majority party than the ratio for the Full Committee. special meetings (g) Rule XI 2(c) of the Rules of the House of Representatives is hereby incorporated by reference (Special Meetings). Rule 3. Committee Procedures Quorum (a)(1) One-third of the Members of the committee shall constitute a quorum for all purposes except as provided in paragraphs (2) and (3) of the Rule. (2) A majority of the Members of the committee shall constitute a quorum in order to: (A) report or table any legislation, measure, or matter; (B) close committee meetings or hearing pursuant to Rules 3(i) and 3(j); and (C) authorize the issuance of subpoenas pursuant to Rule 4(g). (3) Two Members of the committee shall constitute a quorum for taking testimony and receiving evidence, which, unless waived by the Chairman of the Full Committee after consultation with the Ranking Minority Member of the Full Committee, shall include at least one Member from each of the majority and minority parties. proxies (b) No Member may authorize a vote by proxy with respect to any measure or matter before the committee. Witnesses (c)(1) Insofar as is practicable, each witness who is to appear before the committee shall file no later than twenty- four (24) hours in advance of his or her appearance, a written statement of the proposed testimony and curriculum vitae. Each witness shall limit his or her presentation to a five-minute summary, provided that additional time may be granted by the Chairman when appropriate. (2) To the greatest extent practicable, each witness appearing in a non-governmental capacity shall include with the written statement of proposed testimony a disclosure of the amount and source (by agency and program) of any Federal grant (or subgrant thereof) or contract (or subcontract thereof) which is relevant to the subject of his or her testimony and was received during the current fiscal year or either of the two preceding fiscal years by the witness or by an entity represented by the witness. (d) Whenever any hearing is conducted by the committee on any measure or matter, the minority Members of the committee shall be entitled, upon request to the Chairman by a majority of them before the completion of the hearing, to call witnesses selected by the minority to testify with respect to the measure or matter during at least one day of hearing thereon. Investigative Hearing Procedures (e) Rule XI 2(k) of the Rules of the House of Representatives is hereby incorporated by reference (rights of witnesses under subpoena). Subject Matter (f) Bills and other substantive matters may be taken up for consideration only when called by the Chairman of the committee or by a majority vote of a quorum of the committee, except those matters which are the subject of special-call meetings outlined in Rule 2(g). (g) No private bill will be reported by the committee if there are two or more dissenting votes. Private bills so rejected by the committee will not be reconsidered during the same Congress unless new evidence sufficient to justify a new hearing has been presented to the committee. (h)(1) It shall not be in order for the committee to consider any new or original measure or matter unless written notice of the date, place and subject matter of consideration and to the extent practicable, a written copy of the measure or matter to be considered, has been available in the office of each Member of the committee for at least 48 hours in advance of consideration, excluding Saturdays, Sundays and legal holidays. (2) Notwithstanding paragraph (1) of this rule, consideration of any legislative measure or matter by the committee shall be in order by vote of two-thirds of the Members present, provided that a majority of the committee is present. Open Meetings (i) Each meeting for the transaction of business, including the markup of legislation, of the committee shall be open to the public, including to radio, television, and still photography coverage, except when the committee, in open session and with a majority present, determines by rollcall vote that all or part of the remainder of the meeting on that day shall be closed to the public because disclosure of matters to be considered would endanger national security, would tend to defame, degrade or incriminate any person or otherwise would violate any law or rule of the House. No person other than Members of the committee and such congressional staff and such departmental representatives as they may authorize shall be present at any business or markup session which has been closed to the public. This Rule does not apply to open committee hearings which are provided for by Rule 3(j) contained herein. (j) Each hearing conducted by the committee shall be open to the public including radio, television, and still photography coverage except when the committee, in open session and with a majority present, determines by rollcall vote that all or part of the remainder of that hearing on that day shall be closed to the public because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person, or otherwise would violate any law or rule of the House of Representatives. Notwithstanding the requirements of the preceding sentence, and Rule 2(g), a majority of those present, there being in attendance the requisite number required under the rules of the committee to be present for the purpose of taking testimony: (1) may vote to close the hearing for the sole purpose of discussing whether testimony or evidence to be received would endanger the national security or violate Rule XI 2(k)(5) of the Rules of the House of Representatives; or (2) may vote to close the hearing, as provided in rule XI 2(k)(5) of the Rules of the House of Representatives. No Member may be excluded from nonparticipatory attendance at any hearing of any committee or subcommittee, unless the House of Representatives shall by majority vote authorize a particular committee or subcommittee, for purposes of a particular series of hearings on a particular article of legislation or on a particular subject of investigation, to close its hearings to Members by the same procedures designated in this Rule for closing hearings to the public: Provided, however, that the committee or subcommittee may by the same procedure vote to close one subsequent day of the hearing. (3) Whenever a hearing or meeting conducted by the committee is open to the public, there proceedings shall be open to coverage by television, radio, and still photography, except as provided in Rule XI 3(f)(2) of the House of Representatives. The Chairman shall not be able to limit the number of television, or still cameras to fewer than two representatives from each medium (except for legitimate space or safety considerations in which case pool coverage shall be authorized). requests for rollcall votes at full committee (k) A rollcall vote of the Members may be had at the request of three or more Members or, in the apparent absence of a quorum, by any one Member. automatic rollcall vote for amendments which affect the use of federal resources (l)(1) A rollcall vote shall be automatic on any amendment which specifies the use of federal resources in addition to, or more explicitly (inclusively or exclusively) than that specified in the underlying text of the measure being considered. (2) No legislative report filed by the committee on any measure or matter reported by the committee shall contain language which has the effect of specifying the use of federal resources more explicitly (inclusively or exclusively) than that specified in the measure or matter as ordered reported, unless such language has been approved by the committee during a meeting or otherwise in writing by a majority of the Members. committee records (m)(1) The committee shall keep a complete record of all committee action which shall include a record of the votes on any question on which a rollcall vote is demanded. The result of each rollcall vote shall be made available by the committee for inspection by the public at reasonable times in the offices of the committee. Information so available for public inspection shall include a description of the amendment, motion, order, or other proposition and the name of each Member voting for and each Member voting against such amendment, motion, order, or proposition, and the names of those Members present but not voting. (2) The records of the committee at the National Archives and Records Administration shall be made available for public use in accordance with Rule XXXVI of the Rules of the House of Representatives. The Chairman shall notify the Ranking Minority Member of any decision, pursuant to clause 3(b)(3) or clause 4(b) of the Rule, to withhold a record otherwise available, and the matter shall be presented to the committee for a determination on the written request of any Member of the committee. (3) To the maximum extent feasible, the committee shall make its publications available in electronic form. publication of committee hearings and markups (n) The transcripts of those hearings conducted by the committee which are decided to be printed shall be published in verbatim form, with the material requested for the record inserted at that place requested, or at the end of the record, as appropriate. Any requests by those Members, staff or witnesses to correct any errors other than errors, in transcription, or disputed errors in transcription, shall be appended to the record, and the appropriate place where the change is requested will be footnoted. Prior to approval by the Chairman of hearings conducted jointly with another congressional committee, a memorandum of understanding shall be prepared which incorporates an agreement for the publication of the verbatim transcript. Transcripts of markups shall be recorded and published in the same manner as hearings before the committee and shall be included as part of the legislative report unless waived by the Chairman. opening statements; 5-minute rule (o) Insofar as is practicable, the Chairman, after consultation with the Ranking Minority Member, shall limit the total time of opening statements by Members to no more than 10 minutes, the time to be divided equally among Members present desiring to make an opening statement. The time any one Member may address the committee on any bill, motion or other matter under consideration by the committee or the time allowed for the questioning of a witness at hearings before the committee will be limited to five minutes, and then only when the Member has been recognized by the Chairman, except that this time limit may be waived by the Chairman or acting Chairman. The rules of germaneness will be enforced by the Chairman. (p) Notwithstanding rule 3(o), upon a motion, the Chairman, in consultation with the Ranking Minority Member, may designate an equal number of Members from each party to question a witness for a period not longer than 30 minutes, or, upon a motion, may designate staff from each party to question a witness for equal specific periods. requests for written motions (q) Any legislative or non-procedural motion made at a regular or special meeting of the committee and which is entertained by the Chairman shall be presented in writing upon the demand of any Member present and a copy made available to each Member present. Rule 4. Subcommittees structure and jurisdiction (a) The committee shall have the following standing subcommittees with the jurisdiction indicated. (1) Subcommittee on Basic Research.--Legislative jurisdiction and general and special oversight and investigative authority on all matters relating to science policy including: Office of Science and Technology Policy; all scientific research, and scientific and engineering resources (including human resources), math, science and engineering education; intergovernmental mechanisms for research, development, and demonstration and cross-cutting programs; international scientific cooperation; National Science Foundation; university research policy, including infrastructure, overhead and partnerships; science scholarships; government-owned, contractor-operated, Department of Energy laboratories; computer, communications, and information science; earthquake and fire research programs; research and development relating to health, biomedical, and nutritional programs; and to the extent appropriate, agricultural, geological, biological and life sciences research. (2) Subcommittee on Energy and Environment.--Legislative jurisdiction and general and special oversight and investigative authority on all matters relating to energy and environmental research, development, and demonstration including: Department of Energy research, development, and demonstration programs; federally owned and operated Department of Energy laboratories; energy supply research and development activities; nuclear and other advanced energy technologies; general science and research activities; uranium supply, enrichment, and waste management activities as appropriate; fossil energy research and development; clean coal technology; energy conservation research and development; measures relating to the commercial application of energy technology; science and risk assessment activities of the Federal Government; Environmental Protection Agency research and development programs; and National Oceanic and Atmospheric Administration, including all activities related to weather, weather services, climate, and the atmosphere, and marine fisheries, and oceanic research. (3) Subcommittee on Space and Aeronautics.--Legislative jurisdiction and general and special oversight and investigative authority on all matters relating to astronautical and aeronautical research and development including: national space policy, including access to space; sub-orbital access and applications; National Aeronautics and Space Administration and its contractor and government- operated laboratories; space commercialization including the commercial space activities relating to the Department of Transportation and the Department of Commerce; exploration and use of outer space; international space cooperation; National Space Council; space applications, space communications and related matters; and earth remote sensing policy. (4) Subcommittee on Technology.--Legislative jurisdiction and general and special oversight and investigative authority on all matters relating to competitiveness including: standards and standardization of measurement; the National Institute of Standards and Technology; the National Technical Information Service; competitiveness, including small business competitiveness; tax, antitrust, regulatory and other legal and governmental policies as they relate to technological development and commercialization; technology transfer; patent and intellectual property policy; international technology trade; research, development, and demonstration activities of the Department of Transportation; civil aviation research, development, and demonstration; research, development, and demonstration programs of the Federal Aviation Administration; surface and water transportation research, development, and demonstration programs; materials research, development, and demonstration and policy; and biotechnology policy. referral of legislation (b) The Chairman shall refer all legislation and other matters referred to the committee to the subcommittee or subcommittees of appropriate jurisdiction within two weeks unless, the Chairman deems consideration is to be by the Full Committee. Subcommittee chairmen may make requests for referral of specific matters to their subcommittee within the two week period if they believe subcommittee jurisdictions so warrant. ex-officio members (c) The Chairman and Ranking Minority Member shall serve as ex-officio Members of all subcommittees and shall have the right to vote and be counted as part of the quorum and ratios on all matters before the subcommittee. procedures (d) No subcommittee shall meet for markup or approval when any other subcommittee of the committee or the Full Committee is meeting to consider any measure or matter for markup or approval. (e) Each subcommittee is authorized to meet, hold hearings, receive evidence, and report to the committee on all matters referred to it. Each subcommittee shall conduct legislative, investigative, and general oversight, inquiries for the future and forecasting, and budget impact studies on matters within their respective jurisdictions. Subcommittee chairmen shall set meeting dates after consultation with the Chairman and other subcommittee chairmen with a view toward avoiding simultaneous scheduling of committee and subcommittee meetings or hearings wherever possible. (f) Any Member of the committee may have the privilege of sitting with any subcommittee during its hearings or deliberations and may participate in such hearings or deliberations, but no such Member who is not a Member of the subcommittee shall vote on any matter before such subcommittee, except as provided in Rule 4(c). (g) During any subcommittee proceeding for markup or approval, a rollcall vote may be had at the request of one or more Members of that subcommittee. power to sit and act; subpoena power (h)(1) Notwithstanding subparagraph (2), a subpoena may be authorized and issued by the committee in the conduct of any investigation or series of investigations or activities to require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers and documents as deemed necessary, only when authorized by a majority of the members voting, a majority being present. Authorized subpoenas shall be signed only by the Chairman, or by any member designated by the Chairman. (2) The Chairman of the full Committee, with the concurrence of the Ranking Minority Member of the full Committee, may authorize and issue such subpoenas as described in paragraph (1), during any period in which the House has adjourned for a period longer than 3 days. national security information (i) All national security information bearing a classification of secret or higher which has been received by the committee or a subcommittee shall be deemed to have been received in Executive Session and shall be given appropriate safekeeping. The Chairman of the Full Committee may establish such regulations and procedures as in his judgment are necessary to safeguard classified information under the control of the committee. Such procedures shall, however, ensure access to this information by any Member of the committee, or any other Member of the House of Representatives who has requested the opportunity to review such material. sensitive or confidential information received pursuant to subpoena (j) Unless otherwise determined by the committee or subcommittee, certain information received by the committee or subcommittee pursuant to a subpoena not made part of the record at an open hearing shall be deemed to have been received in Executive Session when the Chairman of the Full Committee, in his judgment, deems that in view of all the circumstances, such as the sensitivity of the information or the confidential nature of the information, such action is appropriate. Rule 5. Reports substance of legislative reports (a) The report of the committee on a measure which has been approved by the committee shall include the following, to be provided by the committee: (1) the oversight findings and recommendations required pursuant to Rule X 2(b)(1) of the Rules of the House of Representatives, separately set out and identified [Rule XI 2(l)(3)(A)]; (2) the statement required by section 308(a) of the Congressional Budget Act of 1974, separately set out and identified, if the measure provides new budget authority or new or increased tax expenditures as specified in [Rule XI 2(l)(3)(B)]; (3) with respect to reports on a bill or joint resolution of a public character, a ``Constitutional Authority Statement'' citing the specific powers granted to Congress by the Constitution pursuant to which the bill or joint resolution is proposed to be enacted; (4) with respect to each rollcall vote on a motion to report any measure or matter of a public character, and on any amendment offered to the measure or matter, the total number of votes cast for and against, and the names of those Members voting for and against, shall be included in the committee report on the measure or matter; (5) the estimate and comparison prepared by the committee under Rule XIII 7(a) of the Rules of the House of Representatives, unless the estimate and comparison prepared by the Director of the Congressional Budget Office prepared under subparagraph 2 of this Rule has been timely submitted prior to the filing of the report and included in the report [Rule XIII 7(d)]; (6) in the case of a bill or joint resolution which repeals or amends any statute or part thereof, the text of the statute or part thereof which is proposed to be repealed, and a comparative print of that part of the bill or joint resolution making the amendment and of the statute or part thereof proposed to be amended [Rule XIII 3]; (7) a transcript of the markup of the measure or matter unless waived under Rule 3(m). (b)(1) The report of the committee on a measure which has been approved by the committee shall further include the following, to be provided by sources other than the committee: (A) the estimate and comparison prepared by the Director of the Congressional Budget Office required under section 403 of the Congressional Budget Act of 1974, separately set out and identified, whenever the Director (if timely, and submitted prior to the filing of the report) has submitted such estimate and comparison of the committee [Rule XI 2(1)(3)(C)]; (B) a summary of the oversight findings and recommendations made by the Committee on Government Reform and Oversight under Rule X2(b)(2) of the Rules of the House of Representatives, separately set out and identified [Rule

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I rise today to honor the distinguished representative from Indiana, the Honorable John Myers. For the past 30 years, John has faithfully represented the people of Indiana's Seventh District. John's service began not in Congress but in the Army during World War II. He was a private citizen for 20 years before being elected to Congress in 1966. John's service has been marked by his civility and cooperation with Members. John's skills enabled differing sides often to reach a reasonable consensus on difficult issues. He has been a bipartisan Member whose efforts ensured the completion of many water and energy projects. In short, John Myers will be missed here in Congress. On behalf of the citizens of Wisconsin's Ninth District, I thank the Honorable John T. Myers for his service to the House of Representatives and the United States.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, today, I rise to pay tribute to the gentleman from Indiana, the Honorable Andy Jacobs, who has loyally served the residents of Indiana's Tenth District for 30 years as their Representative in the U.S. Congress. Andy's service to our country began during the Korean war, when he served in the Marine Corps. In 1964, he was elected as a Representative from Indiana, a duty which he has honorably fulfilled for 30 years. Throughout his service, Andy has been a frugal and prudent guardian of Federal spending. He has supported the balanced budget amendment and the ``A to Z'' spending cuts. Furthermore, he played a key role in converting the Social Security Administration to an independent agency and in limiting employer's need to pay Social Security taxes for part- time domestic workers. Andy is a straightforward and unassuming leader who continually has demonstrated the ability to vote for what he believes is right. Political winds and pressure have not affected his decisions. Andy's humor in the dining room and other places will be sorely missed. This body will be losing a great Representative and American when Andy leaves here. On behalf of the citizens of Wisconsin's Ninth district, I thank the Honorable Andy Jacobs for his outstanding service to the people of the United States.