[Congressional Record Volume 140, Number 71 (Thursday, June 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


       FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF 1994

                                 ______


                 McCAIN (AND AKAKA) AMENDMENTS NO. 1766

  Mr. McCAIN (for himself and Mr. Akaka) proposed an amendment to the 
bill (S. 1491) to amend the Airport and Airway Improvement Act of 1982 
to authorize appropriations, and for other purposes; as follows:

       At the appropriate place insert the following new section.

     SEC. . RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY.

       The Federal Aviation Administration Research, Engineering, 
     and Development Authorization Act of 1992 (title III of 
     Public Law 102-581; 106 Stat. 495) is amended by adding at 
     the end the following new section:

     SEC. 306. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY FOR 
                   PROPELLER AND ROTOR DRIVEN AIRCRAFT

       ``(a) Establishment.--The Administrator of the Federal 
     Aviation Administration (FAA) and the Administrator of the 
     National Aeronautics and Space Administration (NASA) shall 
     conduct a study to identify technologies for noise reduction 
     of propeller driven aircraft and rotorcraft.
       ``(b) Goal.--The goal of the study conducted under 
     subsection (a) is to determine the status of research and 
     development now underway in the area of quiet technology for 
     propeller driven aircraft and rotorcraft, including 
     technology that is cost beneficial, and to determine whether 
     a research program to supplement existing research activities 
     is necessary.
       ``(c) Participation.--In conducting the study required 
     under subsection (a), the Administrator of the FAA and the 
     administrator of NASA shall encourage the participation of 
     the Department of Defense, the Department of Interior, the 
     airtour industry, the aviation industry, academia and other 
     appropriate groups.
       ``(d) Report.--Now less than 280 days after enactment of 
     this section the Administrator of the FAA and the 
     Administrator of the NASA shall transmit to Congress a report 
     on the results of the study required under subsection (a).
       ``(e) Research and Development Program.--If the 
     Administrator of the FAA and the Administrator of NASA 
     determine that additional research and development is 
     necessary and would substantially contribute to the 
     development of quiet aircraft technology, then the agencies 
     shall conduct, an appropriate research program in 
     consultation with the entities listed in subsection (c) to 
     develop safe, effective, and economical noise reduction 
     technology (including technology that can be applied to 
     existing propeller driven aircraft and rotorcraft) that would 
     result in aircraft that operate at substantially reduced 
     levels of noise to reduce the impact of such aircraft and 
     rotorcraft on the resources of national parks and other 
     areas.
                                 ______


                       GORTON AMENDMENT NO. 1767

  Mr. GORTON proposed an amendment to the bill S. 1491, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.  . GAMBLING ON COMMERCIAL AIRCRAFT.

       (a) Amendments.--(1) Title IV of the Federal Aviation Act 
     of 1958 (49 App. U.S.C. 1371 et seq.), as amended by this 
     Act, is further amended by adding at the end the following 
     new section:

     ``SEC. 422. GAMBLING RESTRICTIONS.

       ``(a) In General.--No air carrier or foreign air carrier 
     may install, transport, or operate, or permit the use of, any 
     gambling device onboard an aircraft in foreign air 
     transportation.
       ``(b) Definition.--In this section, the term `gambling 
     device' means any machine or mechanical device (including 
     gambling applications on electronic interactive video systems 
     installed on board aircraft for passenger use)--
       ``(1) which when operated may deliver, as the result of the 
     application of an element of chance, any money or property; 
     or
       ``(2) by the operation of which a person may become 
     entitled to receive, as the result of the application of an 
     element of chance, any money or property.''.
       (2) The portion of the table of contents of the Federal 
     Aviation Act of 1958 relating to title IV, as amended by this 
     Act, is further amended by inserting immediately after the 
     item relating to section 421 the following new item:

``Sec. 420 Gambling restrictions.
``(a) In general.
``(b) Definition.''.

       (b) Aviation Safety Study.--The Administrator of the 
     Federal Aviation Administration shall, within 90 days after 
     the date of enactment of this Act, complete a study of the 
     aviation safety effects of gambling applications on 
     electronic interactive video systems installed on board 
     aircraft for passenger use. The study shall include an 
     evaluation of the effect of such systems on the navigational 
     and other electronic equipment of the aircraft, on the 
     passengers and crew of the aircraft, and on issues relating 
     to the method of payment. The Administrator shall, within 5 
     days after completing the study, submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Public Works and Transportation 
     of the House of Representatives on the results of the study.
       (c) Study on Competition Effects.--The Secretary of 
     Transportation shall, within 90 days after the date of 
     enactment of this Act, complete a study of the competitive 
     implications of permitting foreign air carriers only, but not 
     United States air carriers, to install, transport, and 
     operate gambling applications on electronic interactive video 
     systems on board aircraft in the foreign commerce of the 
     United States on flights over international waters, or in 
     fifth freedom city-pair markets. The Secretary shall, within 
     5 days after the completion of the study, submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Public Works and Transportation 
     of the House of Representatives on the results of the study.
                                 ______


                        BOXER AMENDMENT NO. 1768

  Mr. FORD (for Mrs. Boxer) proposed an amendment to the bill S. 1491, 
supra; as follows:

       On page 13, after line 25, add the following:

     SEC. 122. ASBESTOS REMOVAL AND BUILDING DEMOLITION AND 
                   REMOVAL, VACANT AIR FORCE STATION, MARIN 
                   COUNTY, CALIFORNIA.

       (a) Authorization of Appropriations.--Notwithstanding 
     subsection (d) of section 9502 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9502), there is authorized to be 
     appropriated in fiscal year 1995 from the Airport and Airway 
     Trust Fund established by such section 9502 to the account 
     for the Department of Transportation for facilities and 
     equipment of the Federal Aviation Administration such amount 
     as may be necessary to permit the Administrator of the 
     Federal Aviation Administration to carry out asbestos 
     abatement activities and the demolition and removal of 
     buildings at the site of the vacant Air Force station located 
     on Mount Tamalpais, Marin County, California. The amount 
     authorized to be appropriated by the preceding sentence shall 
     not exceed its share of the costs of carrying out such 
     activities, demolitions, and removals.
       (b) Authority To Use Funds.--The Administrator may use the 
     funds appropriated pursuant to the authorization of 
     appropriations in subsection (a) to carry out the abatement 
     activities and demolition and removal described in that 
     subsection. Such funds shall be available for such purpose 
     until expended.
                                 ______


              SIMON (AND MOSELEY-BRAUN) AMENDMENT NO. 1769

  Mr. FORD (for Mr. Simon for himself and Ms. Moseley-Braun) proposed 
an amendment to the bill S. 1491, supra; as follows:

       Notwithstanding section 512 of the Airport and Airway 
     Improvement Act of 1982 (49 U.S.C. App. 2211), the Secretary 
     of Transportation may approve an upward adjustment not to 
     exceed $750,000, in the maximum obligation of the United 
     States under an Airport Improvement Program grant issued to a 
     reliever airport after September 1, 1989, and before October 
     1, 1989, in order to assist in funding increased land 
     acquisition costs (as determined in judicial proceedings) and 
     associated eligible project costs.
                                 ______


                        GRAMM AMENDMENT NO. 1770

  Mr. PRESSLER (for Mr. Gramm) proposed an amendment to the bill S. 
1491, supra; as follows:

       Strike all on page 22, lines 19 through 23, and insert the 
     following:
       ``(3) The carrier involved has operated at the affected 
     nonhub airport for 180 days or less;''.
                                 ______


                       McCAIN AMENDMENT NO. 1771

  Mr. FORD (for Mr. McCain) proposed an amendment to the bill S. 1491, 
supra; as follows:

       At the end of section 104 of the committee amendment, 
     insert the following language:
       ``Not later than 1 year after the date of enactment of this 
     subsection, the Secretary shall issue such regulations as may 
     be necessary to ensure that no product shall be used for 
     pavement maintenance or rehabilitation under this section 
     unless the manufacturer of such product warrants to the 
     satisfaction of the Secretary the performance of such 
     product.''.
                                 ______


                SIMPSON (AND WALLOP) AMENDMENT NO. 1772

  Mr. PRESSLER (for Mr. Simpson for himself and Mr. Wallop) proposed an 
amendment to the bill S. 1491, supra; as follows:

       On page 41 between lines 8 and 9, add the following:

     SEC.  . SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE OF 
                   RADAR AT THE CHEYENNE, WYOMING AIRPORT.

       It is the sense of the Senate that the Secretary of 
     Transportation--
       (1) should take such action as may be necessary to revise 
     the cost/benefit analysis process of the Department of 
     Transportation to fully take projected military enplanement 
     and cost savings figures into consideration with regard to 
     radar installations at joint-use civilian/military airports;
       (2) should require the Administrator of the Federal 
     Aviation Administration to reevaluate the aircraft radar 
     needs at the Cheyenne, Wyoming Airport, and enter into an 
     immediate dialogue with officials of the Wyoming Air Guard, 
     F.E. Warren Air Force Base, and Cheyenne area leaders in the 
     phase II radar installation reevaluation of the 
     Administration and adjust cost/benefit determinations based 
     to some appropriate degree on already provided military 
     figures and concerns and other enplanement projections in the 
     region; and
       (3) should report to Congress within 60 days following the 
     date of the enactment of this Act on the results of the 
     reevaluation of the aircraft radar needs of the Cheyenne, 
     Wyoming Airport, and of Southeast Wyoming, and explain how 
     military figures and concerns will be appropriately solicited 
     in future radar decisions involving joint-use airport 
     facilities.
                                 ______


                      JOHNSTON AMENDMENT NO. 1773

  Mr. FORD (for Mr. Johnston) proposed an amendment to the bill S. 
1491, supra; as follows:

     SEC.  . MONROE AIRPORT IMPROVEMENT.

       (a) Authorization To Grant Releases.--Notwithstanding 
     section 16 of the Federal Airport Act (as in effect on the 
     date of transfer of Selman Field, Louisiana, from the United 
     States to the city of Monroe, Louisiana), the Administrator 
     of the Federal Aviation Administration is authorized, subject 
     to the provisions of section 4 of the Act of October 1, 1949 
     (50 App. U.S.C. 1622c), and the provisions of subsection (b) 
     of this section, to grant releases from any of the terms, 
     conditions, reservations, and restrictions contained in the 
     1949 deed of conveyance, or any other deed of conveyance-
     occurring subsequent to that initial transference and before 
     the date of enactment of this Act, under which the United 
     States conveyed certain property then constituting Selman 
     Field, Louisiana, to the city of Monroe, Louisiana, for 
     airport purposes.
       (b) Conditions.--Any release granted under subsection (a) 
     shall be subject to the following conditions:
       (1) The city of Monroe, Louisiana, shall agree that, in 
     conveying any interest in the property which the United 
     States conveyed to the city by a deed described in subsection 
     (a), the city will receive an amount for such interest which 
     is equal to the fair market value (as determined pursuant to 
     regulations issued by the Secretary of Transportation).
       (2) Any such amount so received by the city shall be used 
     by the city for the development, improvement, operation, or 
     maintenance of a public airport.
                                 ______


                MIKULSKI (AND OTHERS) AMENDMENT NO. 1774

  Mr. FORD (for Ms. Mikulski for herself, Mr. Sarbanes, Mr. Robb, and 
Mr. Warner) propsed an amendment to the bill S. 1491, supra; as 
follows:

       On page 18, line 19, strike the word ``and'';
       On page 18, line 23, strike the word ``carriers.'' and add: 
     ``carriers; and
       (F) the impact of aircraft noise on affected communities.'' 
     On page 20, line 14, strike the word ``and''; On page 20, 
     line 16, strike the word ``carrier.'' and add: ``carrier; and
       (D) shall not result in a net increase in noise impact on 
     surrounding communities resulting from both changes in timing 
     of operations permitted under this paragraph.''
                                 ______


                D'AMATO (AND OTHERS) AMENDMENT NO. 1775

  Mr. D'AMATO (for himself, Mr. Dole, Mr. Wallop, Mr. Murkowski, Mr. 
Gramm, Mr. Mack, Mr. Bond, Mr. Faircloth, Mr. Bennett, Mr. Domenici, 
Mr. Roth, Mr. Nickles, Mr. Simpson, Mr. Lott, Mr. McCain, Mr. Stevens, 
Mrs. Hutchison, Mr. Kempthorne, Mr. Smith, Mr. Hatch, Mr. Craig, Mr. 
Helms, Mr. Coverdell, Mr. Pressler, Mr. Thurmond, Mr. McConnell, Mr. 
Cochran, Mr. Chafee, Mrs. Kassebaum, Mr. Specter, Mr. Brown, and Mr. 
Grassley) proposed an amendment to the bill S. 1491, supra; as follows:

       At the appropriate place, insert the following new title:
             TITLE ____--SPECIAL SUBCOMMITTEE ON WHITEWATER


               establishment of the special subcommittee

       Sec. ____01. (a) There is established a special 
     subcommittee within the Committee on Banking, Housing, and 
     Urban Affairs to be known as the Special Subcommittee on 
     Certain Allegations Concerning Whitewater Development 
     Corporation, Madison Guaranty Savings and Loan Association, 
     and Capital Management Services, Inc., and Related Issues 
     (hereafter in this title referred to as the ``special 
     subcommittee'').
       (b) The purpose of the special subcommittee is--
       (1) to conduct an investigation into, and study of, all 
     matters which have any tendency to reveal the full facts 
     about--
       (A) the operations, solvency, and regulation of Madison 
     Guaranty Savings and Loan Association, including the alleged 
     use of federally insured funds as campaign contributions;
       (B) the relationship among Madison Guaranty Savings and 
     Loan Association, other federally insured institutions, and 
     Whitewater Development Corporation;
       (C) the management and business activities of Whitewater 
     Development Corporation and its shareholders, including 
     issues of personal, corporate, and partnership tax liability;
       (D) the policies of the Resolution Trust Corporation, 
     Federal banking agencies, and other Federal regulatory 
     agencies regarding legal representation of the agencies, 
     including conflicts of interest and cost controls;
       (E) the independence of the Resolution Trust Corporation, 
     Federal banking agencies, and other Federal regulatory 
     agencies, including any improper contacts among officials of 
     the White House, the Department of the Treasury, the 
     Resolution Trust Corporation, the Office of Thrift 
     Supervision, and any other Federal agency;
       (F) the Resolution Trust Corporation's internal handling of 
     the criminal referrals concerning Madison Guaranty Savings 
     and Loan Association;
       (G) the pursuit by the Resolution Trust Corporation of 
     civil causes of action against potentially liable parties 
     associated with Madison Guaranty Savings and Loan 
     Association;
       (H) the pursuit by the Office of Thrift Supervision, the 
     Federal Deposit Insurance Corporation, and the Federal 
     Savings and Loan Insurance Corporation of administrative and 
     civil causes of action against potentially liable parties 
     associated with Madison Guaranty Savings and Loan 
     Association;
       (I) the Department of Justice's handling of the Resolution 
     Trust Corporation's criminal referrals relating to Madison 
     Guaranty Savings and Loan Association;
       (J) the delayed recusal of the United States Attorney for 
     the Eastern District of Arkansas from the investigation or 
     prosecution of David Hale, Capital Management Services, Inc., 
     and Whitewater Development Corporation;
       (K) the sources of funding and the lending practices of 
     Capital Management Services, Inc., and its supervision and 
     regulation by the Small Business Administration, including 
     loans to Susan McDougal and the alleged diversion of funds to 
     Whitewater Development Corporation;
       (L) the Park Police investigation into the death of White 
     House Deputy counsel Vincent Foster;
       (M) the operations and underwriting activities of the 
     Arkansas Development Finance Authority;
       (N) the circumstances surrounding and the propriety of the 
     commodities-futures trading activities of Hillary Rodham 
     Clinton;
       (O) the investment activities of Value Partners I, 
     including the compliance of these activities with Federal 
     laws governing conflicts of interest;
       (P) any other issues related to the matters referred to in 
     subparagraphs (A) through (O); and
       (Q) any issues developed during, or arising out of, the 
     hearings conducted by the special subcommittee; and
       (2)(A) to make such findings of fact as are warranted and 
     appropriate;
       (B) to make such recommendations, including recommendations 
     for new legislation and amendments to existing laws and any 
     administrative or other actions, as the special subcommittee 
     may determine to be necessary or desirable; and
       (C) to fulfill the Constitutional oversight and informing 
     function of the Congress with respect to the matters 
     described in this section.
       (c) For purposes of this section, the term ``Madison 
     Guaranty Savings and Loan Association'' includes any 
     subsidiary company, affiliated company, or business owned or 
     controlled, in whole or in part, by Madison Guaranty Savings 
     and Loan Association, its officers, directors, or principal 
     shareholders.


        membership and organization of the special subcommittee

       Sec. ____02. (a)(1) The special subcommittee shall consist 
     of--
       (A) 5 members of the Committee on Banking, Housing, and 
     Urban Affairs appointed by the chairman;
       (B) 5 members of the Committee on Banking, Housing, and 
     Urban Affairs appointed by the ranking member;
       (C) 4 members of the Senate appointed by the President pro 
     tempore of the Senate from the majority party of the Senate 
     upon the recommendation of the Majority Leader of the Senate; 
     and
       (D) 4 members of the Senate appointed by the President pro 
     tempore of the Senate from the minority party of the Senate 
     upon the recommendation of the Minority Leader of the Senate.
       (2) Vacancies in the membership of the special subcommittee 
     shall not affect the authority of the remaining members to 
     execute the functions of the special subcommittee and shall 
     be filled in the same manner as original appointments to it 
     are made.
       (3) For the purpose of paragraph 4 of rule XXV of the 
     Standing Rules of the Senate, service of a Senator as a 
     member of the special subcommittee shall not be taken into 
     account.
       (b)(1) The chairman and ranking member of the Committee on 
     Banking, Housing, and Urban Affairs shall be cochairmen of 
     the special subcommittee.
       (2) A majority of the members of the special subcommittee 
     shall constitute a quorum for reporting a matter or 
     recommendation to the Senate, except that a quorum shall not 
     be necessary for the purpose of taking testimony before the 
     special subcommittee or for conducting the other business of 
     the special subcommittee.
       (c)(1) The special subcommittee shall promptly adopt 
     appropriate rules and procedures consistent with this title.
       (2) The rules and procedures of the special subcommittee 
     shall--
       (A) govern the proceedings of the special subcommittee; and
       (B) consistent with section ____06 of this title--
       (i) provide for the security of the records of the special 
     subcommittee; and
       (ii) prevent the unauthorized disclosure of information and 
     materials obtained by the special subcommittee in the course 
     of its investigation and study.


                   staff of the special subcommittee

       Sec. ____03. (a)(1) Committee staff from committees having 
     jurisdiction over matters described in section ____01(b) 
     shall be detailed to the special subcommittee, subject to 
     availability, as requested by the cochairmen.
       (2) In addition to staff detailed pursuant to paragraph (1) 
     and to assist the special subcommittee in its investigation 
     and study, the cochairmen, after approval of the special 
     subcommittee, may appoint special subcommittee staff.
       (3) All staff detailed pursuant to paragraph (1) or 
     appointed pursuant to paragraph (2) shall work for the 
     special subcommittee as a whole, shall report to the two 
     cochairmen and, except as otherwise provided by the special 
     subcommittee, shall be under the direction of the cochairmen.
       (b) To assist the special subcommittee in its investigation 
     and study, the Senate Legal Counsel and Deputy Senate Legal 
     Counsel shall work with and under the jurisdiction and 
     authority of the special subcommittee.
       (c) The Majority and Minority Leaders of the Senate may 
     each designate one staff person to serve on the staff of the 
     special subcommittee to serve as their liaison to the special 
     subcommittee.
       (d) The Comptroller General of the United States is 
     requested to provide from the General Accounting Office 
     whatever personnel, investigatory, material, or other 
     appropriate assistance may be required by the special 
     subcommittee.


             public activities of the special subcommittee

       Sec. ____04. (a) Consistent with the rights of persons 
     subject to investigation and inquiry, the special 
     subcommittee shall make every effort to fulfill the right of 
     the public and the Congress to know the essential facts and 
     implications of the activities of officials of the United 
     States Government and other persons and entities with respect 
     to the matters under investigation and study as described in 
     section ____01.
       (b) In furtherance of the public's and Congress' right to 
     know, the special sub- committee--
       (1) shall hold, as either cochairman considers appropriate, 
     open hearings on specific subjects, subject to consultation 
     and coordination within the independent counsel appointed 
     pursuant to chapter 28, part 600, of the Code of Federal 
     Regulations (referred to as the ``independent counsel'');
       (2) may make interim reports to the Senate as it considers 
     appropriate; and
       (3) shall make a final comprehensive public report to the 
     Senate which contains a description of all relevant factual 
     determinations consistent with subsection (a) of this section 
     and section ____01(b)(2) and which contains recommendations 
     for new legislation, if necessary.


                   powers of the special subcommittee

       Sec. ____05. (a) The special subcommittee shall do 
     everything necessary and appropriate under the laws and 
     Constitution of the United States to make the investigation 
     and study specified in section ____01.
       (b) The special subcommittee is authorized to issue 
     subpoenas for obtaining testimony and for the production of 
     documentary or physical evidence. A subpoena may be 
     authorized and issued by the special subcommittee, acting 
     through either cochairman or any other member designated by 
     either cochairman, and may be served by any person designated 
     by either cochairman or other member anywhere within or 
     without the borders of the United States to the full extent 
     permitted by law. Either cochairman of the special 
     subcommittee, or any other member thereof, is authorized to 
     administer oaths to any witnesses appearing before the 
     subcommittee.
       (c) The special subcommittee is authorized to do the 
     following:
       (1) To employ and fix the compensation of such clerical, 
     investigatory, legal, technical, and other assistants as the 
     special subcommittee considers necessary or appropriate.
       (2) To sit and act at any time or place during sessions, 
     recesses, and adjournment periods of the Senate.
       (3) To hold hearings, take testimony under oath, and to 
     receive documentary or physical evidence relating to the 
     matters and questions it is authorized to investigate or 
     study.
       (4) To request a grant of immunity under section 6005 of 
     title 18, United States Code, after approved by the 
     independent counsel.
       (5) To require by subpoena or order the attendance, as 
     witnesses before the special subcommittee or at depositions, 
     of any person either cochairman determines may have knowledge 
     or information concerning any of the matters the special 
     subcommittee is authorized to investigate and study.
       (6) To take depositions and other testimony under oath 
     anywhere within the United States, to issue orders by either 
     cochairman or any other member designated by either 
     cochairman which require witnesses to answer written 
     interrogatories under oath, and to make application for 
     issuance of letters rogatory.
       (7) To issue commissions and to notice depositions for 
     staff members to examine witnesses and to receive evidence 
     under oath administered by an individual authorized by local 
     law to administer oaths. The special subcommittee, acting 
     through either cochairman, may authorize and issue, and may 
     delegate to designated staff members the power to authorize 
     and issue, commissions and deposition notices.
       (8) To require by subpoena or order--
       (A) any department, agency, entity, officer, or employee of 
     the United States Government,
       (B) any person or entity purporting to act under color or 
     authority of State or local law, or
       (C) any private person, firm, corporation, partnership, or 
     other organization,

     to produce for its consideration or for use as evidence in 
     the investigation or study of the special subcommittee any 
     book, check, canceled check, correspondence, communication, 
     document, financial record, paper, physical evidence, 
     photograph, record, recording, tape, or any other material 
     relating to any of the matters or questions such subcommittee 
     is authorized to investigate and study which they or any of 
     them may have in their custody or under their control.
       (9) To make to the Senate any recommendations, including 
     recommendations for criminal or civil enforcement, which the 
     special subcommittee may consider appropriate with respect 
     to--
       (A) the willful failure or refusal of any person to appear 
     before it, or at a deposition, or to answer interrogatories, 
     in obedience to a subpoena or order;
       (B) the willful failure or refusal of any person to answer 
     questions or give testimony during his appearance as a 
     witness before such subcommittee, or at a deposition, or in 
     response to interrogatories; or
       (C) the willful failure or refusal of--
       (i) any officer or employee of the United States 
     Government,
       (ii) any person or entity purporting to act under color or 
     authority of State or local law, or
       (iii) any private person, partnership, firm, corporation, 
     or organization,

     to produce before the subcommittee, or at a deposition, or at 
     any time or place designated by the subcommittee, any book, 
     check, canceled check, correspondence, communication, 
     document, financial record, paper, physical evidence, 
     photograph, record, recording, tape, or any other material in 
     obedience to any subpoena or order.
       (10) To procure the temporary or intermittent services of 
     individual consultants, or organizations thereof.
       (11) To use on a reimbursable basis, with the prior consent 
     of the Government department or agency concerned, the 
     services of personnel of such department or agency.
       (12) To use, with the prior consent of the chairman or 
     ranking member of any other Senate committee or the chairman 
     or ranking member of any subcommittee of any committee of the 
     Senate, the facilities or services of the appropriate members 
     of the staff of such other Senate committee whenever the 
     special subcommittee or either cochairman consider that such 
     action is necessary or appropriate to enable the special 
     subcommittee to make the investigation and study provided for 
     in this title.
       (13) To have access through the agency of any members of 
     the special subcommittee, staff director, chief counsel, or 
     any of its investigatory assistants designated by either 
     cochairman, to any data, evidence, information, report, 
     analysis, document, or paper--
       (A) which relates to any of the matters or questions which 
     the special subcommittee is authorized to investigate or 
     study;
       (B) which is in the possession, custody, or under the 
     control of any department, agency, entity, officer, or 
     employee of the United States Government, including those 
     which have the power under the laws of the United States to 
     investigate any alleged criminal activities or to prosecute 
     persons charged with crimes against the United States without 
     regard to the jurisdiction or authority of any other Senate 
     committee; and
       (C) which will aid the special subcommittee to prepare for 
     or conduct the investigation and study authorized and 
     directed by this title.
       (14) To report violations of any law to the appropriate 
     Federal, State, or local authorities.
       (15) To expend, to the extent the special subcommittee 
     determines necessary and appropriate, any money made 
     available to such subcommittee by the Senate to make the 
     investigation, study, and reports authorized by this title.
       (16) Under sections 6103(f)(3) and 6104(a)(2) of the 
     Internal Revenue Code of 1986, to inspect and receive for the 
     fiscal years 1977-1992 any tax return, return information, or 
     other tax-related material, held by the Secretary of the 
     Treasury, related to individuals and entities named by the 
     special subcommittee as possible participants, beneficiaries, 
     or intermediaries in the transactions under investigation.
       (d) The level of compensation payable to any employee of 
     the special subcommittee shall not be subject to any 
     limitation on compensation otherwise applicable to an 
     employee of the Senate. No employee of the special 
     subcommittee may receive pay at a rate of pay in excess of 
     the rate of pay payable for a position at level III of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code.


                 protection of confidential information

       Sec. ____06. (a) All staff members and consultants shall, 
     as a condition of employment, agree in writing to abide by 
     the conditions of an appropriate nondisclosure agreement 
     promulgated by the special subcommittee.
       (b) The case of any Senator who violates the security 
     procedures of the special subcommittee may be referred to the 
     Select Committee on Ethics of the Senate for the imposition 
     of sanctions in accordance with the rules of the Senate. Any 
     staff member or consultant who violates the security 
     procedures of the special subcommittee shall immediately be 
     subject to removal from office or employment with the special 
     subcommittee or shall be subject to such other sanction as 
     may be provided in the rules of the special subcommittee.
       (c) Upon the termination of the special subcommittee 
     pursuant to section ____09 of this title, all records, files, 
     documents, and other materials in the possession, custody, or 
     control of the special subcommittee, under appropriate 
     conditions established by such subcommittee, shall be 
     transferred to the National Archives.


                    relation to other investigations

       Sec. ____07. (a) In order to--
       (1) expedite the thorough conduct of the investigation and 
     study authorized by this title;
       (2) promote efficiency among all the various investigations 
     underway in all branches of the United States Government; and
       (3) engender a high degree of confidence on the part of the 
     public regarding the conduct of such investigation,
     the special subcommittee is encouraged--
       (A) to coordinate, to the extent practicable, its 
     activities with the investigation of the independent counsel;
       (B) to seek the full cooperation of all relevant 
     investigatory bodies; and
       (C) to seek access to all information which is acquired and 
     developed by such bodies.
       (b) The cochairmen shall meet with the independent counsel 
     to obtain relevant information concerning the status of the 
     independent counsel's investigation to assist in establishing 
     a hearing schedule for the special subcommittee.
       (c) The Senate requests that the independent counsel make 
     available to the special subcommittee, as expeditiously as 
     possible, all documents and information which may assist the 
     special subcommittee in its investigation and study.


                         salaries and expenses

       Sec. ____08. Such sums as are necessary shall be available 
     from the contingent fund of the Senate out of the Account for 
     Expenses for Inquiries and Investigations for payment of 
     salaries and other expenses of the special subcommittee under 
     this title, which shall include sums which shall be available 
     for the procurement of the services of individual consultants 
     or organizations thereof, in accordance with section 
     ____05(c)(9). Payment of expenses shall be disbursed upon 
     vouchers approved by either cochairman of the special 
     subcommittee, except that vouchers shall not be required for 
     the disbursement of salaries paid at an annual rate.


                          reports; termination

       Sec. ____09. (a)(1) The special subcommittee shall make a 
     final public report to the Senate of the results of the 
     investigation and study conducted by such subcommittee 
     pursuant to this title, together with its findings and any 
     recommendations at the earliest practicable date.
       (2) The final report of the special subcommittee may be 
     accompanied by whatever confidential annexes are necessary to 
     protect confidential information.
       (b) After submission of its final report, the special 
     subcommittee shall conclude its business and close out its 
     affairs as expeditiously as practicable.


                 subcommittee jurisdiction and rule xxv

       Sec. ____10. The jurisdiction of the special subcommittee 
     is granted pursuant to this title notwithstanding the 
     provisions of paragraph 1 of rule XXV of the Standing Rules 
     of the Senate relating to the jurisdiction of the standing 
     committees of the Senate.
                                 ______


                      MITCHELL AMENDMENT NO. 1776

  Mr. MITCHELL proposed an amendment to amendment No. 1775 proposed by 
Mr. D'Amato to the bill S. 1491, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
                TITLE ____--COMMITTEE OVERSIGHT HEARINGS

     SEC. ____01. SCOPE OF THE HEARINGS.

       The Committee on Banking, Housing, and Urban Affairs 
     (referred to as the ``committee'') shall--
       (1) conduct hearings into whether improper conduct occurred 
     regarding--
       (A) communications between officials of the White House and 
     the Department of the Treasury or the Resolution Trust 
     Corporation relating to the Whitewater Development 
     Corporation and the Madison Guaranty Savings and Loan 
     Association;
       (B) the Park Service Police investigation into the death of 
     White House Deputy Counsel Vincent Foster; and
       (C) the way in which White House officials handled 
     documents in the office of White House Deputy Counsel Vincent 
     Foster at the time of his death; and
       (2)(A) make such findings of fact as are warranted and 
     appropriate;
       (B) make such recommendations, including recommendations 
     for new legislation and amendments to existing laws and any 
     administrative or other actions, as the committee may 
     determine to be necessary or desirable; and
       (C) fulfill the Constitutional oversight and informing 
     function of the Congress with respect to the matters 
     described in this section.

     The hearings authorized by this title shall begin on a date 
     determined by the Majority Leader, in consultation with the 
     Minority Leader, but no later than the earlier of July 29, 
     1994, or within 30 days after the conclusion of the first 
     phase of the independent counsel's investigation.

     SEC. ____02. MEMBERSHIP, ORGANIZATION, AND JURISDICTION OF 
                   THE COMMITTEE FOR PURPOSES OF THE HEARINGS.

       (a)(1) For the sole purpose of conducting the hearings 
     authorized by this title, the committee shall consist of--
       (A) the members of the Committee on Banking, Housing, and 
     Urban Affairs, who shall, in serving as members of the 
     committee, reflect the legislative and oversight interests of 
     other committees of the Senate with a jurisdictional interest 
     (if any) in the hearings authorized in paragraph (1) of 
     section ____01 as provided in subparagraph (B);
       (B)(i) Senator Kerry and Senator Bond from the Committee on 
     Small Business;
       (ii) Senator Riegle and Senator Roth from the Committee on 
     Finance; and
       (iii) Senator Shelby and Senator Domenici from the 
     Subcommittee on Public Lands, Parks, and Forests of the 
     Committee on Energy and Natural Resources;
       (iv) Senator Moseley-Braun from the Committee on the 
     Judiciary; and
       (v) Senator Sasser and Senator Roth from the Permanent 
     Subcommittee on Investigations; and
       (C) the ranking member of the Committee on the Judiciary 
     who shall serve for purposes of considering matters within 
     the jurisdiction of the Committee on the Judiciary, but shall 
     not serve as a voting member of the committee.
       (2) For the purpose of paragraph 4 of rule XXV of the 
     Standing Rules of the Senate, service of the ranking member 
     of the Committee on the Judiciary as a member of the 
     committee shall not be taken into account.
       (b) The jurisdiction of the committee shall encompass the 
     jurisdiction of the committees and subcommittees listed in 
     subsection (a)(1)(B), to the extent, if any, pertinent to the 
     hearings authorized by this title.
       (c) A majority of the members of the committee shall 
     constitute a quorum for reporting a matter or recommendation 
     to the Senate, except that the committee may fix a lesser 
     number as a quorum for the purpose of taking testimony before 
     the committee or for conducting the other business of the 
     committee as provided in paragraph 7 of rule XXV of the 
     Standing Rules of the Senate.

     SEC. ____03. ADDITIONAL STAFF FOR THE COMMITTEE.

       (a) The committee, through the chairman, may request and 
     use, with the prior consent of the chairman of any committee 
     or subcommittee listed in section ____02(a)(1)(B), the 
     services of members of the staff of such committee or 
     subcommittee.
       (b) In addition to staff provided pursuant to subsection 
     (a) and to assist the committee in its hearings, the chairman 
     may appoint and fix the compensation of additional staff.

     SEC. ____04. PUBLIC ACTIVITIES OF THE COMMITTEE.

       (a) Consistent with the rights of persons subject to 
     investigation and inquiry, the committee shall make every 
     effort to fulfill the right of the public and the Congress to 
     know the essential facts and implications of the activities 
     of officials of the United States Government with respect to 
     the matters covered by the hearings as described in section 
     ____01.
       (b) In furtherance of the public's and Congress' right to 
     know, the committee--
       (1) shall hold, as the chairman (in consultation with the 
     ranking member) considers appropriate and in accordance with 
     paragraph 5(b) of rule XXVI of the Standing Rules of the 
     Senate, open hearings subject to consultation and 
     coordination with the independent counsel appointed pursuant 
     to title 28, parts 600 and 603, of the Code of Federal 
     Regulations (referred to as the ``independent counsel'');
       (2) may make interim reports to the Senate as it considers 
     appropriate; and
       (3) shall, in order to accomplish the purposes set forth in 
     subsection (a), make a final comprehensive public report to 
     the Senate of the findings of fact and any recommendations 
     specified in paragraph (2) of section ____01.

     SEC. ____05. POWERS OF THE COMMITTEE.

       (a) The committee shall do everything necessary and 
     appropriate under the laws and Constitution of the United 
     States to conduct the hearings specified in section ____01.
       (b) The committee is authorized to exercise all of the 
     powers and responsibilities of a committee under rule XXVI of 
     the Standing Rules of the Senate and section 705 of the 
     Ethics in Government Act of 1978 (2 U.S.C. 288d), including 
     the following:
       (1) To issue subpoenas or orders for the attendance of 
     witnesses or for the production of documentary or physical 
     evidence before the committee. A subpoena may be authorized 
     by the committee or by the chairman with the agreement of the 
     ranking member and may be issued by the chairman or any other 
     member designated by the chairman, and may be served by any 
     person designated by the chairman or the authorized member 
     anywhere within or without the borders of the United States 
     to the full extent permitted by law. The chairman of the 
     committee, or any other member thereof, is authorized to 
     administer oaths to any witnesses appearing before the 
     committee.
       (2) Except that the committee shall have no power to 
     exercise the powers of a committee under section 6005 of 
     title 18, United States Code for immunizing witnesses.
       (3) To procure the temporary or intermittent services of 
     individual consultants, or organizations thereof.
       (4) To use on a reimbursable basis, with the prior consent 
     of the Government department or agency concerned, the 
     services of personnel of such department or agency.
       (5) To report violations of any law to the appropriate 
     Federal, State, or local authorities.
       (6) To expend, to the extent the committee determines 
     necessary and appropriate, any money made available to such 
     committee by the Senate to conduct the hearings and to make 
     the reports authorized by this title.
       (7) To require by subpoena or order the attendance, as 
     witnesses, before the committee or at depositions, any person 
     who may have knowledge or information concerning matters 
     specified in section ____01(1).
       (8) To take depositions under oath anywhere within the 
     United States, to issue orders by the chairman or his 
     designee which require witnesses to answer written 
     interrogatories under oath.
       (9) To issue commissions and to notice depositions for 
     staff members to examine witnesses and to receive evidence 
     under oath administered by an individual authorized by law to 
     administer oaths. The committee, acting through the chairman, 
     may delegate to designated staff members the power to 
     authorize and issue commissions and deposition notices.
       (c)(1) Subject to the provisions of paragraph (2), the 
     committee shall be governed by the rules of the Committee on 
     Banking, Housing, and Urban Affairs, except that the 
     committee may modify its rules for purposes of the hearings 
     conducted under this title. The committee shall cause any 
     such amendments to be published in the Congressional Record.
       (2) The committee's rules shall be consistent with the 
     Standing Rules of the Senate and this title.

     SEC. ____06. RELATION TO OTHER INVESTIGATIONS.

       (a) In order to--
       (1) expedite the thorough conduct of the hearings 
     authorized by this title;
       (2) promote efficiency among all the various investigations 
     underway in all branches of the United States Government; and
       (3) engender a high degree of confidence on the part of the 
     public regarding the conduct of such hearing,
     the committee is encouraged--
       (A) to obtain relevant information concerning the status of 
     the independent counsel's investigation to assist in 
     establishing a hearing schedule for the committee; and
       (B) to coordinate, to the extent practicable, its 
     activities with the investigation of the independent counsel.

     SEC. ____07. SALARIES AND EXPENSES.

       Senate Resolution 71 (103d Congress) is amended--
       (1) in section 2(a) by striking ``$56,428,119'' and 
     inserting ``$56,828,419''; and
       (2) in section 6(c) by striking ``$3,220,767'' and 
     inserting ``$3,620,767''.

     SEC. ____08. REPORTS; TERMINATION.

       (a) The committee shall make the final public report to the 
     Senate required by section ____04(b) not later than the end 
     of the 103d Congress.
       (b) The final report of the committee may be accompanied by 
     whatever confidential annexes are necessary to protect 
     confidential information.
       (c) The authorities granted by this title shall terminate 
     30 days after submission of the committee's final report. All 
     records, files, documents, and other materials in the 
     possession, custody, or control of the committee shall remain 
     under the control of the regularly constituted Committee on 
     Banking, Housing, and Urban Affairs.

     SEC. ____09. COMMITTEE JURISDICTION AND RULE XXV.

       The jurisdiction of the committee is granted pursuant to 
     this title notwithstanding the provisions of paragraph 1 of 
     rule XXV of the Standing Rules of the Senate relating to the 
     jurisdiction of the standing committees of the Senate.

     SEC. ____10. COMMITTEE FUNDING AND RULE XXVI.

       The supplemental authorization for the committee is granted 
     pursuant to this title notwithstanding the provisions of 
     paragraph 9 of rule XXVI of the Standing Rules of the Senate.

     

                          ____________________