[Congressional Record Volume 140, Number 136 (Monday, September 26, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

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DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1995

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                       McCAIN AMENDMENT NO. 2587

  Mr. McCAIN (for himself, Mr. Brown, and Mr. Smith) proposed an 
amendment to the amendment to the House to the amendment of the Senate 
numbered 84, to the bill (H.R. 4624) making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 1995, and for other 
purposes; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.   . PROHIBITION ON THE EXPENDITURE OF APPROPRIATED 
                   AMOUNTS FOR CERTAIN PROGRAMS AND PROJECTS.

       Notwithstanding any other provision of this Act--
       (1) no amount appropriated under this Act shall be expended 
     for a program or project that has not been--
       (A) specifically, authorized by law prior to the date of 
     enactment of this Act; or
       (B) funded under--
       (i) H.R. 4624, as passed by the House of Representatives on 
     June 29, 1994; or
       (ii) H.R. 4624, as passed by the Senate on August 4, 1994; 
     and
       (2) any amounts appropriated under this Act for a program 
     or project that does not meet the requirements of paragraph 
     (1) shall be distributed by the agency designated under this 
     Act to administer the funds according to an applicable 
     formula or an appropriate merit-based selection procedure.
                                 ______


                        SMITH AMENDMENT NO. 2588

  Mr. SMITH proposed an amendment to the amendment of the House to the 
amendment of the Senate numbered 28 to the bill H.R. 4624, supra; as 
follows:

       At the end, add the following:

     SEC.   . IDENTIFYING THE ORIGIN OF APPROPRIATIONS EARMARKS.

       It shall not be in order in the Senate or the House of 
     Representatives to consider a conference report on an 
     appropriations bill unless the joint explanatory statement of 
     the conference committee on an appropriations bill specifies 
     whether earmarked expenditures in the conference report or 
     joint explanatory statement were contained in the House bill 
     or committee report, the Senate bill or committee report, or 
     added by the conferees.
                                 ______


                       GORTON AMENDMENT NO. 2589

  Mr. GORTON proposed an amendment to the amendment of the House to the 
amendment of the Senate numbered 123 to the bill, H.R. 4624, supra; as 
follows:

       At the end of the matter proposed to be inserted, insert 
     the following:

     SEC. 518. FAIR HOUSING ACT ENFORCEMENT.

       (a) Actions Against Printers and Publishers.--
       (1) Donations to private advocacy organizations.--Section 
     810(b) of the Fair Housing Act (42 U.S.C. 3610(b)) is amended 
     by adding at the end the following new paragraph:
       ``(6) Donations.--In carrying out this subsection, the 
     Secretary shall not propose or approve any conciliation 
     agreement that requires any respondent to provide funding to 
     any private advocacy organization.''.
       (2) Limitation on monetary damages and civil penalties.--
     Section 804(c) of the Fair Housing Act (42 U.S.C. 3604(c)) is 
     amended by inserting before the period the following: 
     ``, except that a printer or publisher of a 
     notice, statement, or advertisement described in this 
     subsection shall not be liable for monetary damages or civil 
     penalties for violation of this subsection if such violation 
     was unintentional''.
       (b) Actions Against Individuals.--
       (1) Complaints and investigations.--Section 810(a) of the 
     Fair Housing Act (42 U.S.C. 3610(a)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by adding at the end the following 
     new clause:
       ``(iv) No complaint involving speech or any other activity 
     that may be protected by the First Amendment to the 
     Constitution shall be accepted for filing without the prior 
     written approval of the Secretary.''; and
       (ii) in subparagraph (B)(iv), by inserting ``in accordance 
     with the requirements of paragraph (4)'' after ``housing 
     practice''; and
       (B) by adding at the end the following new paragraphs:
       ``(3) Protected activities.--
       ``(A) In general.--In carrying out this subsection, other 
     than in cases involving a clear violation of the rights of an 
     individual or group under this Act, the Secretary shall not 
     file, accept for filing, or investigate any complaint 
     involving public activities that are directed toward 
     achieving or preventing action by a governmental entity or 
     official.
       ``(B) Activities included.--For purposes of subparagraph 
     (A), the term `public activities that are directed toward 
     achieving or preventing action by a governmental entity or 
     official' includes--
       ``(i) distributing fliers, pamphlets, brochures, posters, 
     or other written materials to the public;
       ``(ii) holding open community and neighborhood meetings;
       ``(iii) writing articles or letters to the editor or making 
     statements in a newspaper or other publication;
       ``(iv) conducting peaceful demonstrations;
       ``(v) testifying at public hearings; and
       ``(vi) communication directly with a governmental entity 
     concerning official governmental matters within the 
     jurisdiction of such entity.
       ``(4) Investigations.--
       ``(A) Investigative plan.--
       ``(i) In general.--Prior to the commencement of an 
     investigation under paragraph (1)(B)(iv), the Secretary shall 
     require the submission of an investigative plan for approval 
     by the Secretary.
       ``(ii) Requirements.--Each investigative plan submitted 
     under clause (i) shall contain provisions to ensure that the 
     investigation will be--

       ``(I) prompt;
       ``(II) narrowly tailored to determine whether or not the 
     First Amendment is applicable; and
       ``(III) conducted in close consultation with legal counsel.

       ``(iii) Approval.--The Secretary shall not approve an 
     investigation plan if an investigation conducted pursuant to 
     such plan will, in the determination of the Secretary, 
     violate the First Amendment rights of any party.
       ``(B) Investigation.--In conducting investigations under 
     paragraph (1)(B)(iv), the Secretary--
       ``(i) shall not subpoena or otherwise seek membership 
     lists, fundraising information, or financial data from 
     organizations that are or may be engaging in protected 
     political activities under the First Amendment; and
       ``(ii) shall, to the maximum extent practicable, review 
     public records and interview public officials, rather than 
     reviewing private correspondence or interviewing 
     respondents.''.
       (2) Conciliation agreements.--Section 810(b) of the Fair 
     Housing Act (42 U.S.C. 3610(b)), as amended by subsection 
     (a), is amended by adding at the end the following new 
     paragraph:
       ``(7) First amendment rights.--In carrying out this 
     subsection, the Secretary shall not approve any conciliation 
     agreement that would limit the First Amendment rights of any 
     party.''.
       (3) Attorney's fees.--Section 812(p) of the Fair Housing 
     Act (42 U.S.C. 3612(p)) is amended by adding at the end the 
     following: ``Notwithstanding the preceding provisions of this 
     subsection, if in any administrative proceeding brought under 
     this section, any court proceeding arising therefrom, or any 
     civil action under this section, the administrative law judge 
     or the court, as the case may be, makes a determination that 
     is or becomes final that any proposal, offer, order, or 
     demand made by the Secretary during the conciliation process 
     conducted pursuant to section 810(b) violated the 
     respondent's rights under the First Amendment to the 
     Constitution, the administrative law judge or the court shall 
     require the Secretary to pay all reasonable attorney's fees 
     and costs incurred by the respondent in connection with such 
     proceeding or action.''.

     

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