[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]


                              {time}  1630
 
          PROVIDING FOR MANAGEMENT OF PORTIONS OF THE PRESIDIO

  Mr. BEILENSON. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 576 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 576

       Resolved, That upon the adoption of this resolution it 
     shall be in order to consider in the House the bill (H.R. 
     5231) to provide for the management of portions of the 
     Presidio under the jurisdiction of the Secretary of the 
     Interior. All points of order against the bill and against 
     its consideration are waived. Debate on the bill shall not 
     exceed one hour equally divided and controlled by the 
     chairman and ranking minority member of the Committee on 
     Natural Resources. The previous question shall be considered 
     as ordered on the bill to final passage without intervening 
     motion except one motion to recommit.

  The SPEAKER pro tempore (Mr. Sharp). The gentleman from California 
[Mr. Beilenson] is recognized for 1 hour.
  Mr. BEILENSON. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from New York [Mr. Solomon], and 
pending that, I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.
  (Mr. BEILENSON asked and was given permission to revise and extend 
his remarks.)
  Mr. BEILENSON. Mr. Speaker, House Resolution 576 is the rule 
providing for the consideration of H.R. 5231, legislation for the 
management and operation of the historic Presidio military post in San 
Francisco. The rule provides for consideration of the bill in the 
House. It waives all points of order against the bill and against its 
consideration. The rule also provides 1 hour of debate, equally divided 
and controlled by the chairman and ranking minority member of the 
Committee on Natural Resources. Finally, Mr. Speaker, the rule provides 
for one motion to recommit.
  Mr. Speaker, the Committee on Natural Resources requested this rule 
for H.R. 5231, a bill that is identical to H.R. 3433, as passed the 
House in August. The bill, as recently introduced, is needed to give 
the Senate the opportunity to act on this legislation. As my colleagues 
will recall, the Senate committee considering the bill we approved 
earlier added several unrelated provisions and has not returned it to 
the House in a timely fashion. H.R. 5231 is being considered with the 
hope that the plan can be approved before we adjourn. The lack of 
action on the legislation leaves the Secretary of the Interior without 
adequate authority to properly manage the Presidio, which the 
Department of the Army turned over to the Department of the Interior on 
October 1. The trust fund called for by H.R. 5231 is a responsible 
managerial and financial mechanism to reduce costs at the Presidio. The 
bill would save money, protect and improve Federal property, and free 
up appropriated money for other use in national parks.
  Mr. Speaker, this rule and the legislation which it provides 
consideration for deserves the support of our colleagues. We urge 
approval of this rule so that we may proceed with consideration of this 
important legislation.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SOLOMON asked and was given permission to revise and extend his 
remarks, and to include extraneous material.)
  Mr. SOLOMON. Mr. Speaker, when the Committee on Rules heard testimony 
on this rule at about 2 a.m. this morning, we were told that the bill 
providing for the management of the Presidio, which passed the House 
earlier this year, has become bogged down in the Senate.
  A Senate committee has amended the original bill so that the spending 
in the bill is no longer subject to appropriation.
  A hold has been put on the bill because of a plan to use it as a 
vehicle for another proposal.
  This rule makes in order consideration of exactly the same text that 
has already passed the House back on August 18 of this year by a vote 
of 245 to 168.
  There will be 1 hour of general debate and no amendments. However 
this rule allows for a motion to recommit which could include an 
amendment in its instructions.
  Mr. Speaker, at the Rules Committee meeting I offered a motion for an 
open rule with the exception of the Ways and Means portion of the bill.
  The Ways and Means portion contains the language making spending in 
the bill subject to appropriation.
  My motion reflected the request of the ranking Republicans on both 
the Committees on Natural Resources and Ways and Means. Unfortunately, 
it was turned down by the majority on the Rules Committee.
  Mr. Speaker, this rule is not the right way to do the business of the 
House. This is the second time in this Congress we have passed 
identical bills to send a message to the other body. It is not only a 
bad precedent, but a costly communications system.
  In addition this rule prohibits amendments. This kind of a rule 
unnecessarily restricts the ability of the House to work its will on 
the legislation. We should do better than this.

              OPEN VERSUS RESTRICTIVE RULES 95TH-103D CONG.             
------------------------------------------------------------------------
                                      Open rules       Restrictive rules
  Congress (years)   Total rules ---------------------------------------
                      granted\1\  Number  Percent\2\  Number  Percent\3\
------------------------------------------------------------------------
95th (1977-78).....          211     179         85       32         15 
96th (1979-80).....          214     161         75       53         25 
97th (1981-82).....          120      90         75       30         25 
98th (1983-84).....          155     105         68       50         32 
99th (1985-86).....          115      65         57       50         43 
100th (1987-88)....          123      66         54       57         46 
101st (1989-90)....          104      47         45       57         55 
102d (1991-92).....          109      37         34       72         66 
103d (1993-94).....          104      31         30       73         70 
------------------------------------------------------------------------
\1\Total rules counted are all order of business resolutions reported   
  from the Rules Committee which provide for the initial consideration  
  of legislation, except rules on appropriations bills which only waive 
  points of order. Original jurisdiction measures reported as privileged
  are also not counted.                                                 
\2\Open rules are those which permit any Member to offer any germane    
  amendment to a measure so long as it is otherwise in compliance with  
  the rules of the House. The parenthetical percentages are open rules  
  as a percent of total rules granted.                                  
\3\Restrictive rules are those which limit the number of amendments     
  which can be offered, and include so-called modified open and modified
  closed rules, as well as completely closed rule, and rules providing  
  for consideration in the House as opposed to the Committee of the     
  Whole. The parenthetical percentages are restrictive rules as a       
  percent of total rules granted.                                       
                                                                        
Sources: ``Rules Committee Calendars & Surveys of Activities,'' 95th-   
  102d Cong.; ``Notices of Action Taken,'' Committee on Rules, 103d     
  Cong., through Oct. 6, 1994.                                          


                                                        OPEN VERSUS RESTRICTIVE RULES: 103D CONG.                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Rule                                      Amendments                                                                  
   Rule number date reported      type       Bill number and subject         submitted         Amendments allowed         Disposition of rule and date  
--------------------------------------------------------------------------------------------------------------------------------------------------------
H. Res. 58, Feb. 2, 1993......  MC        H.R. 1: Family and medical     30 (D-5; R-25)..  3 (D-0; R-3)..............  PQ: 246-176. A: 259-164. (Feb. 3,
                                           leave.                                                                       1993).                          
H. Res. 59, Feb. 3, 1993......  MC        H.R. 2: National Voter         19 (D-1; R-18)..  1 (D-0; R-1)..............  PQ: 248-171. A: 249-170. (Feb. 4,
                                           Registration Act.                                                            1993).                          
H. Res. 103, Feb. 23, 1993....  C         H.R. 920: Unemployment         7 (D-2; R-5)....  0 (D-0; R-0)..............  PQ: 243-172. A: 237-178. (Feb.   
                                           compensation.                                                                24, 1993).                      
H. Res. 106, Mar. 2, 1993.....  MC        H.R. 20: Hatch Act amendments  9 (D-1; R-8)....  3 (D-0; R-3)..............  PQ: 248-166. A: 249-163. (Mar. 3,
                                                                                                                        1993).                          
H. Res. 119, Mar. 9, 1993.....  MC        H.R. 4: NIH Revitalization     13 (d-4; R-9)...  8 (D-3; R-5)..............  PQ: 247-170. A: 248-170. (Mar.   
                                           Act of 1993.                                                                 10, 1993).                      
H. Res. 132, Mar. 17, 1993....  MC        H.R. 1335: Emergency           37 (D-8; R-29)..  1(not submitted) (D-1; R-   A: 240-185. (Mar. 18, 1993).     
                                           supplemental Appropriations.                     0).                                                         
H. Res. 133, Mar. 17, 1993....  MC        H. Con. Res. 64: Budget        14 (D-2; R-12)..  4 (1-D not submitted) (D-   PQ: 250-172. A: 251-172. (Mar.   
                                           resolution.                                      2; R-2).                    18, 1993).                      
H. Res. 138, Mar. 23, 1993....  MC        H.R. 670: Family planning      20 (D-8; R-12)..  9 (D-4; R-5)..............  PQ: 252-164. A: 247-169. (Mar.   
                                           amendments.                                                                  24, 1993).                      
H. Res. 147, Mar. 31, 1993....  C         H.R. 1430: Increase Public     6 (D-1; R-5)....  0 (D-0; R-0)..............  PQ: 244-168. A: 242-170. (Apr. 1,
                                           debt limit.                                                                  1993).                          
H. Res. 149 Apr. 1, 1993......  MC        H.R. 1578: Expedited           8 (D-1; R-7)....  3 (D-1; R-2)..............  A: 212-208. (Apr. 28, 1993).     
                                           Rescission Act of 1993.                                                                                      
H. Res. 164, May 4, 1993......  O         H.R. 820: Nate                 NA..............  NA........................  A: Voice Vote. (May 5, 1993).    
                                           Competitiveness Act.                                                                                         
H. Res. 171, May 18, 1993.....  O         H.R. 873: Gallatin Range Act   NA..............  NA........................  A: Voice Vote. (May 20, 1993).   
                                           of 1993.                                                                                                     
H. Res. 172, May 18, 1993.....  O         H.R. 1159: Passenger Vessel    NA..............  NA........................  A: 308-0 (May 24, 1993).         
                                           Safety Act.                                                                                                  
H. Res. 173 May 18, 1993......  MC        S.J. Res. 45: United States    6 (D-1; R-5)....  6 (D-1; R-5)..............  A: Voice Vote (May 20, 1993)     
                                           forces in Somalia.                                                                                           
H. Res. 183, May 25, 1993.....  O         H.R. 2244: 2d supplemental     NA..............  NA........................  A: 251-174. (May 26, 1993).      
                                           appropriations.                                                                                              
H. Res. 186, May 27, 1993.....  MC        H.R. 2264: Omnibus budget      51 (D-19; R-32).  8 (D-7; R-1)..............  PQ: 252-178. A: 236-194 (May 27, 
                                           reconciliation.                                                              1993).                          
H. Res. 192, June 9, 1993.....  MC        H.R. 2348: Legislative branch  50 (D-6; R-44)..  6 (D-3; R-3)..............  PQ: 240-177. A: 226-185. (June   
                                           appropriations.                                                              10, 1993).                      
H. Res. 193, June 10, 1993....  O         H.R. 2200: NASA authorization  NA..............  NA........................  A: Voice Vote. (June 14, 1993).  
H. Res. 195, June 14, 1993....  MC        H.R. 5: Striker replacement..  7 (D-4; R-3)....  2 (D-1; R-1)..............  A: 244-176.. (June 15, 1993).    
H. Res. 197, June 15, 1993....  MO        H.R. 2333: State Department.   53 (D-20; R-33).  27 (D-12; R-15)...........  A: 294-129. (June 16, 1993).     
                                           H.R. 2404: Foreign aid.                                                                                      
H. Res. 199, June 16, 1993....  C         H.R. 1876: Ext. of ``Fast      NA..............  NA........................  A: Voice Vote. (June 22, 1993).  
                                           Track''.                                                                                                     
H. Res. 200, June 16, 1993....  MC        H.R. 2295: Foreign operations  33 (D-11; R-22).  5 (D-1; R-4)..............  A: 263-160. (June 17, 1993).     
                                           appropriations.                                                                                              
H. Res. 201, June 17, 1993....  O         H.R. 2403: Treasury-postal     NA..............  NA........................  A: Voice Vote. (June 17, 1993).  
                                           appropriations.                                                                                              
H. Res. 203, June 22, 1993....  MO        H.R. 2445: Energy and Water    NA..............  NA........................  A: Voice Vote. (June 23, 1993).  
                                           appropriations.                                                                                              
H. Res. 206, June 23, 1993....  O         H.R. 2150: Coast Guard         NA..............  NA........................  A: 401-0. (July 30, 1993).       
                                           authorization.                                                                                               
H. Res. 217, July 14, 1993....  MO        H.R. 2010: National Service    NA..............  NA........................  A: 261-164. (July 21, 1993).     
                                           Trust Act.                                                                                                   
H. Res. 220, July 21, 1993....  MC        H.R. 2667: Disaster            14 (D-8; R-6)...  2 (D-2; R-0)..............  PQ: 245-178. F: 205-216. (July   
                                           assistance supplemental.                                                     22, 1993).                      
H. Res. 226, July 23, 1993....  MC        H.R. 2667: Disaster            15 (D-8; R-7)...  2 (D-2; R-0)..............  A: 224-205. (July 27, 1993).     
                                           assistance supplemental.                                                                                     
H. Res. 229, July 28, 1993....  MO        H.R. 2330: Intelligence        NA..............  NA........................  A: Voice Vote. (Aug. 3, 1993).   
                                           Authority Act, fiscal year                                                                                   
                                           1994.                                                                                                        
H. Res. 230, July 28, 1993....  O         H.R. 1964: Maritime            NA..............  NA........................  A: Voice Vote. (July 29, 1993).  
                                           Administration authority.                                                                                    
H. Res. 246, Aug. 6, 1993.....  MO        H.R. 2401: National Defense    149 (D-109; R-    ..........................  A: 246-172. (Sept. 8, 1993).     
                                           authority.                     40).                                                                          
H. Res. 248, Sept. 9, 1993....  MO        H.R. 2401: National defense    ................  ..........................  PQ: 237-169. A: 234-169. (Sept.  
                                           authorization.                                                               13, 1993).                      
H. Res. 250, Sept. 13, 1993...  MC        H.R. 1340: RTC Completion Act  12 (D-3; R-9)...  1 (D-1; R-0)..............  A: 213-191-1. (Sept. 14, 1993).  
H. Res. 254, Sept. 22, 1993...  MO        H.R. 2401: National Defense    ................  91 (D-67; R-24)...........  A: 241-182. (Sept. 28, 1993).    
                                           authorization.                                                                                               
H. Res. 262, Sept. 28, 1993...  O         H.R. 1845: National            NA..............  NA........................  A: 238-188 (10/06/93).           
                                           Biological Survey Act.                                                                                       
H. Res. 264, Sept. 28, 1993...  MC        H.R. 2351: Arts, humanities,   7 (D-0; R-7)....  3 (D-0; R-3)..............  PQ: 240-185. A: 225-195. (Oct.   
                                           museums.                                                                     14, 1993).                      
H. Res. 265, Sept. 29, 1993...  MC        H.R. 3167: Unemployment        3 (D-1; R-2)....  2 (D-1; R-1)..............  A: 239-150. (Oct. 15, 1993).     
                                           compensation amendments.                                                                                     
H. Res. 269, Oct. 6, 1993.....  MO        H.R. 2739: Aviation            N/A.............  N/A.......................  A: Voice Vote. (Oct. 7, 1993).   
                                           infrastructure investment.                                                                                   
H. Res. 273, Oct. 12, 1993....  MC        H.R. 3167: Unemployment        3 (D-1; R-2)....  2 (D-1; R-1)..............  PQ: 235-187. F: 149-254. (Oct.   
                                           compensation amendments.                                                     14, 1993).                      
H. Res. 274, Oct. 12, 1993....  MC        H.R. 1804: Goals 2000 Educate  15 (D-7; R-7; I-  10 (D-7; R-3).............  A: Voice Vote. (Oct. 13, 1993).  
                                           America Act.                   1).                                                                           
H. Res. 282, Oct. 20, 1993....  C         H.J. Res. 281: Continuing      N/A.............  N/A.......................  A: Voice Vote. (Oct. 21, 1993).  
                                           appropriations through Oct.                                                                                  
                                           28, 1993.                                                                                                    
H. Res. 286, Oct. 27, 1993....  O         H.R. 334: Lumbee Recognition   N/A.............  N/A.......................  A: Voice Vote. (Oct. 28, 1993).  
                                           Act.                                                                                                         
H. Res. 287, Oct. 27, 1993....  C         H.J. Res. 283: Continuing      1 (D-0; R-0)....  0.........................  A: 252-170. (Oct. 28, 1993).     
                                           appropriations resolution.                                                                                   
H. Res. 289, Oct. 28, 1993....  O         H.R. 2151: Maritime Security   N/A.............  N/A.......................  A: Voice Vote. (Nov. 3, 1993).   
                                           Act of 1993.                                                                                                 
H. Res. 293, Nov. 4, 1993.....  MC        H. Con. Res. 170: Troop        N/A.............  N/A.......................  A: 390-8. (Nov. 8, 1993).        
                                           withdrawal Somalia.                                                                                          
H. Res. 299, Nov. 8, 1993.....  MO        H.R. 1036: Employee            2 (D-1; R-1)....  N/A.......................  A: Voice Vote. (Nov. 9, 1993).   
                                           Retirement Act-1993.                                                                                         
H. Res. 302, Nov. 9, 1993.....  MC        H.R. 1025: Brady handgun bill  17 (D-6; R-11)..  4 (D-1; R-3)..............  A: 238-182. (Nov. 10, 1993).     
H. Res. 303, Nov. 9, 1993.....  O         H.R. 322: Mineral exploration  N/A.............  N/A.......................  A: Voice Vote. (Nov. 16, 1993).  
H. Res. 304, Nov. 9, 1993.....  C         H.J. Res. 288: Further CR, FY  N/A.............  N/A.......................  .................................
                                           1994.                                                                                                        
H. Res. 312, Nov. 17, 1993....  MC        H.R. 3425: EPA Cabinet Status  27 (D-8; R-19)..  9 (D-1; R-8)..............  F: 191-227. (Feb. 2, 1994).      
H. Res. 313, Nov. 17, 1993....  MC        H.R. 796: Freedom Access to    15 (D-9; R-6)...  4 (D-1; R-3)..............  A: 233-192. (Nov. 18, 1993).     
                                           Clinics.                                                                                                     
H. Res. 314, Nov. 17, 1993....  MC        H.R. 3351: Alt Methods Young   21 (D-7; R-14)..  6 (D-3; R-3)..............  A: 238-179. (Nov. 19, 1993).     
                                           Offenders.                                                                                                   
H. Res. 316, Nov. 19, 1993....  C         H.R. 51: D.C. statehood bill.  1 (D-1; R-0)....  N/A.......................  A: 252-172. (Nov. 20, 1993).     
H. Res. 319, Nov. 20, 1993....  MC        H.R. 3: Campaign Finance       35 (D-6; R-29)..  1 (D-0; R-1)..............  A: 220-207. (Nov. 21, 1993).     
                                           Reform.                                                                                                      
H. Res. 320, Nov. 20, 1993....  MC        H.R. 3400: Reinventing         34 (D-15; R-19).  3 (D-3; R-0)..............  A: 247-183. (Nov. 22, 1993).     
                                           Government.                                                                                                  
H. Res. 336, Feb. 2, 1994.....  MC        H.R. 3759: Emergency           14 (D-8; R-5; I-  5 (D-3; R-2)..............  PQ: 244-168. A: 342-65. (Feb. 3, 
                                           Supplemental Appropriations.   1).                                           1994).                          
H. Res. 352, Feb. 8, 1994.....  MC        H.R. 811: Independent Counsel  27 (D-8; R-19)..  10 (D-4; R-6).............  PQ: 249-174. A: 242-174. (Feb. 9,
                                           Act.                                                                         1994).                          
H. Res. 357, Feb. 9, 1994.....  MC        H.R. 3345: Federal Workforce   3 (D-2; R-1)....  2 (D-2; R-0)..............  A: VV (Feb. 10, 1994).           
                                           Restructuring.                                                                                               
H. Res. 366, Feb. 23, 1994....  MO        H.R. 6: Improving America's    NA..............  NA........................  A: VV (Feb. 24, 1994).           
                                           Schools.                                                                                                     
H. Res. 384, Mar. 9, 1994.....  MC        H. Con. Res. 218: Budget       14 (D-5; R-9)...  5 (D-3; R-2)..............  A: 245-171 (Mar. 10, 1994).      
                                           Resolution FY 1995-99.                                                                                       
H. Res. 401, Apr. 12, 1994....  MO        H.R. 4092: Violent Crime       180 (D-98; R-82)  68 (D-47; R-21)...........  A: 244-176 (Apr. 13, 1994).      
                                           Control.                                                                                                     
H. Res. 410, Apr. 21, 1994....  MO        H.R. 3221: Iraqi Claims Act..  N/A.............  N/A.......................  A: Voice Vote (Apr. 28, 1994).   
H. Res. 414, Apr. 28, 1994....  O         H.R. 3254: NSF Auth. Act.....  N/A.............  N/A.......................  A: Voice Vote (May 3, 1994).     
H. Res. 416, May 4, 1994......  C         H.R. 4296: Assault Weapons     7 (D-5; R-2)....  0 (D-0; R-0)..............  A: 220-209 (May 5, 1994).        
                                           Ban Act.                                                                                                     
H. Res. 420, May 5, 1994......  O         H.R. 2442: EDA                 N/A.............  N/A.......................  A: Voice Vote (May 10, 1994).    
                                           Reauthorization.                                                                                             
H. Res. 422, May 11, 1994.....  MO        H.R. 518: California Desert    N/A.............  N/A.......................  PQ: 245-172 A: 248-165 (May 17,  
                                           Protection.                                                                  1994).                          
H. Res. 423, May 11, 1994.....  O         H.R. 2473: Montana Wilderness  N/A.............  N/A.......................  A: Voice Vote (May 12, 1994).    
                                           Act.                                                                                                         
H. Res. 428, May 17, 1994.....  MO        H.R. 2108: Black Lung          4 (D-1; R-3)....  N/A.......................  A: VV (May 19, 1994).            
                                           Benefits Act.                                                                                                
H. Res. 429, May 17, 1994.....  MO        H.R. 4301: Defense Auth., FY   173 (D-115; R-    ..........................  A: 369-49 (May 18, 1994).        
                                           1995.                          58).                                                                          
H. Res. 431, May 20, 1994.....  MO        H.R. 4301: Defense Auth., FY   ................  100 (D-80; R-20)..........  A: Voice Vote (May 23, 1994).    
                                           1995.                                                                                                        
H. Res. 440, May 24, 1994.....  MC        H.R. 4385: Natl Hiway System   16 (D-10; R-6)..  5 (D-5; R-0)..............  A: Voice Vote (May 25, 1994).    
                                           Designation.                                                                                                 
H. Res. 443, May 25, 1994.....  MC        H.R. 4426: For. Ops. Approps,  39 (D-11; R-28).  8 (D-3; R-5)..............  PQ: 233-191 A: 244-181 (May 25,  
                                           FY 1995.                                                                     1994).                          
H. Res. 444, May 25, 1994.....  MC        H.R. 4454: Leg Branch Approp,  43 (D-10; R-33).  12 (D-8; R-4).............  A: 249-177 (May 26, 1994).       
                                           FY 1995.                                                                                                     
H. Res. 447, June 8, 1994.....  O         H.R. 4539: Treasury/Postal     N/A.............  N/A.......................  A: 236-177 (June 9, 1994).       
                                           Approps 1995.                                                                                                
H. Res. 467, June 28, 1994....  MC        H.R. 4600: Expedited           N/A.............  N/A.......................  PQ: 240-185 A:Voice Vote (July   
                                           Rescissions Act.                                                             14, 1994).                      
H. Res. 468, June 28, 1994....  MO        H.R. 4299: Intelligence        N/A.............  N/A.......................  A: Voice Vote (July 19, 1994).   
                                           Auth., FY 1995.                                                                                              
H. Res. 474, July 12, 1994....  MO        H.R. 3937: Export Admin. Act   N/A.............  N/A.......................  A: Voice Vote (July 14, 1994).   
                                           of 1994.                                                                                                     
H. Res. 475, July 12, 1994....  O         H.R. 1188: Anti. Redlining in  N/A.............  N/A.......................  A: Voice Vote (July 20, 1994).   
                                           Ins.                                                                                                         
H. Res. 482, July 20, 1994....  O         H.R. 3838: Housing & Comm.     N/A.............  N/A.......................  A: Voice Vote (July 21, 1994).   
                                           Dev. Act.                                                                                                    
H. Res. 483, July 20, 1994....  O         H.R. 3870: Environ. Tech. Act  N/A.............  N/A.......................  A: Voice Vote (July 26, 1994).   
                                           of 1994.                                                                                                     
H. Res. 484, July 20, 1994....  MC        H.R. 4604: Budget Control Act  3 (D-2; R-1)....  3 (D-2; R-1)..............  PQ: 245-180 A: Voice Vote (July  
                                           of 1994.                                                                     21, 1994).                      
H. Res. 491, July 27, 1994....  O         H.R. 2448: Radon Disclosure    N/A.............  N/A.......................  A: Voice Vote (July 28, 1994).   
                                           Act.                                                                                                         
H. Res. 492, July 27, 1994....  O         S. 208: NPS Concession Policy  N/A.............  N/A.......................  A: Voice Vote (July 28, 1994).   
H. Res. 494, July 28, 1994....  MC        H.R. 4801: SBA Reauth &        10 (D-5; R-5)...  6 (D-4; R-2)..............  PQ: 215-169 A: 221-161 (July 29, 
                                           Amdmts. Act.                                                                 1994).                          
H. Res. 500, Aug. 1, 1994.....  MO        H.R. 4003: Maritime Admin.     N/A.............  N/A.......................  A: 336-77 (Aug. 2, 1994).        
                                           Reauth..                                                                                                     
H. Res. 501, Aug. 1, 1994.....  O         S. 1357: Little Traverse Bay   N/A.............  N/A.......................  A: Voice Vote (Aug. 3, 1994).    
                                           Bands.                                                                                                       
H. Res. 502, Aug. 1, 1994.....  O         H.R. 1066: Pokagon Band of     N/A.............  N/A.......................  A: Voice Vote (Aug. 3, 1994).    
                                           Potawatomi.                                                                                                  
H. Res. 507, Aug. 4, 1994.....  O         H.R. 4217: Federal Crop        N/A.............  N/A.......................  A: Voice Vote (Aug. 5, 1994).    
                                           Insurance.                                                                                                   
H. Res. 509, Aug. 5, 1994.....  MC        H.J. Res. 373/H.R. 4590: MFN   N/A.............  N/A.......................  A: Voice Vote (Aug. 9, 1994).    
                                           China Policy.                                                                                                
H. Res. 513, Aug. 9, 1994.....  MC        H.R. 4906: Emergency Spending  N/A.............  N/A.......................  A: Voice Vote (Aug. 17, 1994).   
                                           Control Act.                                                                                                 
H. Res. 512, Aug. 9, 1994.....  MC        H.R. 4907: Full Budget         N/A.............  N/A.......................  A: 255-178 (Aug. 11, 1994).      
                                           Disclosure Act.                                                                                              
H. Res. 514, Aug. 9, 1994.....  MC        H.R. 4822: Cong.               33 (D-16; R-17).  16 (D-10; R-6)............  PQ: 247-185 A: Voice Vote (Aug.  
                                           Accountability.                                                              10, 1994).                      
H. Res. 515, Aug. 10, 1994....  O         H.R. 4908: Hydrogen Etc.       N/A.............  N/A.......................  A: Voice Vote (Aug. 19, 1994).   
                                           Research Act.                                                                                                
H. Res. 516, Aug. 10, 1994....  MC        H.R. 3433: Presidio            12 (D-2; R-10)..  N/A.......................  A: Voice Vote (Aug. 19, 1994).   
                                           Management.                                                                                                  
H. Res. 532, Sept. 20, 1994...  O         H.R. 4448: Lowell Natl. Park.  N/A.............  N/A.......................  A: Voice Vote (Sept. 26, 1994).  
H. Res. 535, Sept. 20, 1994...  O         H.R. 4422: Coast Guard         N/A.............  N/A.......................  A: Voice Vote (Sept. 22, 1994).  
                                           Authorization.                                                                                               
H. Res. 536, Sept. 20, 1994...  MC        H.R. 2866: Headwaters Forest   16 (D-5; R-11)..  9 (D-3; R-6)..............  PQ: 245-175 A: 246-174 (Sept. 21,
                                           Act.                                                                         1994).                          
H. Res. 542, Sept. 23, 1994...  O         H.R. 4008: NOAA Auth. Act....  N/A.............  N/A.......................  A: Voice Vote (Sept. 26, 1994).  
H. Res. 543, Sept. 23, 1994...  O         H.R. 4926: Natl. Treatment in  N/A.............  N/A.......................  .................................
                                           Banking.                                                                                                     
H. Res. 544, Sept. 23, 1994...  O         H.R. 3171: Ag. Dept.           N/A.............  N/A.......................  A: Voice Vote (Sept. 28, 1994).  
                                           Reorganization.                                                                                              
H. Res. 551, Sept. 27, 1994...  MO        H.R. 4779: Interstate Waste    22 (D-15; R-7)..  N/A.......................  A: Voice Vote (Sept. 28, 1994).  
                                           Control.                                                                                                     
H. Res. 552, Sept. 27, 1994...  O         H.R. 4683: Flow Control Act..  N/A.............  N/A.......................  A: Voice Vote (Sept. 29, 1994).  
H. Res. 562, Oct. 3, 1994.....  MO        H.R. 5044: Amer. Heritage      N/A.............  N/A.......................  A: Voice Vote (Oct. 5, 1994).    
                                           Areas.                                                                                                       
H. Res. 563, Oct. 4, 1994.....  MC        H. Con. Res. 301: SoC Re:      N/A.............  N/A.......................  F: 83-339 (Oct. 5, 1994).        
                                           Entitlements.                                                                                                
H. Res. 565, Oct. 4, 1994.....  MC        S. 455: Payments in Lieu of    N/A.............  N/A.......................  A: 384-28 (Oct. 6, 1994).        
                                           Taxes.                                                                                                       
H. Res. 570, Oct. 5, 1994.....  MC        H. J. Res. 416: U.S. in Haiti  N/A.............  N/A.......................  A: 241-182 (Oct. 6, 1994).       
H. Res. 576, Oct. 6, 1994.....  C         H.R. 5231: Presidio            N/A.............  N/A.......................  .................................
                                           Management.                                                                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Code: C-Closed; MC-Modified closed; MO-Modified open; O-Open; D-Democrat; R-Republican; PQ: Previous question; A-Adopted; F-Failed.              

  Mr. SOLOMON. Mr. Speaker, I yield back the balance of my time.
  Mr. BEILENSON. Mr. Speaker, I, too, yield back the balance of my 
time, and I move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  Mr. VENTO. Mr. Speaker, pursuant to House Resolution 576, I call up 
the bill (H.R. 5231) to provide for the management of portions of the 
Presidio under the jurisdiction of the Secretary of the Interior, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The text of H.R. 5231 is as follows:

                               H.R. 5231

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       The Congress finds that--
       (1) the Presidio of San Francisco, located amidst the 
     incomparable scenic splendor of the Golden Gate, is one of 
     America's great natural and historic sites;
       (2) the Presidio is the oldest continually operating 
     military post in the Nation dating from 1776, and was 
     designated as a National Historic Landmark in 1962;
       (3) preservation of the cultural and historic integrity of 
     the Presidio for public use would give due recognition to its 
     significant role in the history of the United States;
       (4) the Presidio in its entirety will transfer to the 
     jurisdiction of the National Park Service on September 30, 
     1994, in accordance with Public Law 92-589;
       (5) as part of the Golden Gate National Recreation Area, 
     the Presidio's outstanding natural, historic, scenic, 
     cultural and recreational resources must be managed in a 
     manner which is consistent with sound principles of land use 
     planning and management, and which protect the Presidio from 
     development and uses which would destroy the scenic beauty 
     and natural character of the area;
       (6) activities and management at the Presidio must be 
     consistent with both the Act establishing the Golden Gate 
     National Recreation Area (Public Law 92-589) and the General 
     Management Plan for the Golden Gate National Recreation Area, 
     as amended;
       (7) the Presidio will be a global center dedicated to 
     addressing the world's most critical environmental, social, 
     and cultural challenges and a working laboratory at which 
     models of environmental sustainability shall be developed;
       (8) the Presidio, as an urban park, will be managed in a 
     manner that is responsive to the concerns of the public and 
     cognizant of its impact on the local community, and as a 
     public resource, will reflect, in both activities and 
     management, of the diversity that exists in the surrounding 
     community; and
       (9) the Presidio will be managed in an innovative public/
     private partnership that minimizes cost to the United States 
     Treasury and makes efficient use of private sector resources 
     that could be utilized in the public interest.

     SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE NATIONAL 
                   RECREATION AREA.

       (a) Statement of Purposes.--Section 1 of the Act entitled 
     ``An Act to establish the Golden Gate National Recreation 
     Area in the State of California, and for other purposes'', 
     approved October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 
     16 U.S.C. 460bb), is amended by inserting the following after 
     the second sentence: ``In addition, the Secretary may utilize 
     the resources of the Presidio of San Francisco to provide for 
     and support programs and activities that foster research, 
     education or demonstration projects, and relate to the 
     environment, energy, transportation, international affairs, 
     arts and cultural understanding, health and science.''.
       (b) Administration.--Section 4 of such Act is amended by 
     adding the following new subsection at the end thereof:
       ``(g) Interim Authority.--(1) In addition to other 
     available authorities, the Secretary may, in his discretion, 
     negotiate and enter into leases, as appropriate, with any 
     person, firm, association, organization, corporation or 
     governmental entity for the use of any property within the 
     Presidio in accordance with the General Management Plan and 
     any of the purposes set forth in section 1 of this Act.
       ``(2) In addition to other available authorities, the 
     Secretary may, in his discretion, enter into--
       ``(A) interagency permitting agreements or other 
     appropriate agreements with the Secretary of Defense and the 
     Director of the Federal Emergency Management Agency, and
       ``(B) leases with the American Red Cross, to house their 
     activities and employees at the Presidio.
       ``(3) Any leases or other appropriate agreements entered 
     into under this subsection shall be subject to such 
     procedures, terms, conditions and restrictions as the 
     Secretary deems necessary. The Secretary is authorized to 
     negotiate and enter into leases or other agreements, at fair 
     market value and without regard to section 321 of chapter 314 
     of the Act of June 30, 1932 (40 U.S.C. 303b), fair market 
     value shall take into account the uses permitted by the 
     General Management Plan and this Act. The preceding sentence 
     shall not apply to any interagency permitting agreement 
     entered into between the Secretary and the Secretary of 
     Defense regarding the housing of activities and employees of 
     the Sixth United States Army. For purposes of any such lease 
     or other agreements, the Secretary may adjust the rental by 
     taking into account any amounts to be expended by the lessee 
     for preservation, maintenance, restoration, improvement, 
     repair and related expenses with respect to the leased 
     properties.
       ``(4) The proceeds from leases under this subsection, and 
     from concession and other use authorizations and from other 
     services that may be provided by the recreation area under 
     this subsection shall be retained by the Secretary for 5 
     years after the date of enactment of this paragraph or until 
     the leased property is transferred to the Presidio Trust and 
     shall be available without further appropriation and used to 
     offset the costs of preservation, restoration, maintenance, 
     improvement, repair and related expenses including 
     administration of the above, incurred by the Secretary with 
     respect to Presidio properties, with the balance used to 
     offset other costs incurred by the Secretary in the 
     administration of the Presidio.
       ``(5) Each lessee of a lease entered into under this 
     subsection shall keep such records as the Secretary may 
     prescribe to enable the Secretary to determine that all terms 
     of the lease have been and are being faithfully performed. 
     The Secretary and the Comptroller General and their duly 
     authorized representatives shall, for the purpose of audit 
     and examination, have access to financial records pertinent 
     to the lease and all the terms and conditions thereof.
       ``(6) The Secretary shall annually prepare and submit to 
     Congress a report on property leased under this subsection.
       ``(7) In addition to other available authorities, the 
     Secretary may, in his discretion, enter into cooperative 
     agreements and permits for any of the purposes of the 
     recreation area set out in section 1 of this Act.''.

     SEC. 3. THE PRESIDIO TRUST.

       (a) Establishment.--There is established within the 
     Department of the Interior a non-profit public benefit 
     government corporation to be known as the Presidio Trust 
     (hereinafter in this Act referred to as the ``Trust''). The 
     Trust shall manage, in accordance with the purposes set forth 
     in section 1 of the Act entitled ``An Act to establish the 
     Golden Gate National Recreation Area in the State of 
     California, and for other purposes'', approved October 27, 
     1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), and 
     with this Act, the leasing, maintenance, rehabilitation, 
     repair and improvement of property within the Presidio which 
     is transferred to the Trust by the Secretary of the Interior 
     (hereinafter in this Act referred to as the ``Secretary''). 
     The Trust may participate in the development of programs and 
     activities at the properties that have been transferred to 
     the Trust.
       (b) Transfer.--Except as provided in this subsection, the 
     Secretary shall transfer to the Trust, under such terms and 
     conditions as the Secretary deems appropriate, a leasehold in 
     the following properties within the Presidio under the 
     control of the Secretary: the Letterman-LAIR complex, Fort 
     Scott, Main Post, Cavalry Stables, Presidio Hill, Wherry 
     Housing, East Housing, the structures at Crissy Field, and 
     such other properties, within the Presidio as the Secretary 
     and the Trust deems appropriate. Any such property shall be 
     transferred within 60 days after a request is made by the 
     Trust. The leasehold shall be of sufficient term to enable 
     the Trust to obtain necessary and beneficial financing 
     arrangements and to carry out the purposes of this Act. The 
     Secretary may withhold transfer to the Trust of any buildings 
     necessary to house or support activities of the National Park 
     Service. The Secretary may not transfer to the Trust any 
     property irrevocably permitted to the Department of Army. The 
     Secretary shall transfer, with any transferred property, all 
     leases, concessions, licenses and other agreements affecting 
     such transferred property. The Secretary may transfer any 
     properties within the Presidio to the Trust not requested by 
     the Trust subject to terms and conditions mutually agreed to 
     by the Secretary and the Trust. All proceeds received by the 
     Presidio Trust from the leasing of properties managed by the 
     Trust within the Presidio shall be retained by the Trust 
     without further appropriation and used to offset the costs of 
     administration, preservation, restoration, operation, 
     maintenance, repair, and related expenses incurred by the 
     Trust with respect to such properties.
       (c) Board of Directors.--(1) The powers and management of 
     the Trust shall be vested in a Board of Directors consisting 
     of 13 members, as follows:
       (A) The Director of the National Park Service.
       (B) Secretary of the Army.
       (C) Administrator of the Environmental Protection Agency.
       (D) Ten individuals, who are not employees of the Federal 
     Government, appointed by the Secretary within 6 months after 
     the date of the enactment of this Act, 6 of whom shall have 
     knowledge and experience in one or more of the fields of the 
     environment, energy, transportation, international affairs, 
     health, science, education, or any other such field related 
     to the activities at the Presidio; 4 of whom shall have 
     knowledge and experience in one or more of the fields of city 
     planning, finance, real estate, labor or historic 
     preservation. With respect to the 10 individuals, 5 shall 
     meet the additional requirement of possessing extensive 
     knowledge of the region in which the Presidio is located.

     Each member of the Board of Directors specified in 
     subparagraphs (A) through (C) paragraph (1) may designate 
     (through written notice to the Secretary and Chairman of the 
     Board) an alternative senior official (classified as Senior 
     Executive Service) of his or her department or agency who may 
     serve on the Board in his or her stead. The Secretary of the 
     Army shall serve on the Board until such time as the Sixth 
     Army Headquarters ceases to maintain a presence at the 
     Presidio. In such an event, the Secretary of Energy shall 
     replace the Secretary of the Army on the Board.
       (d) Terms of Board Members.--Each member of the Board of 
     Directors appointed under subparagraph (D) of subsection 
     (c)(1) shall serve for a term of 5 years from the expiration 
     of his or her predecessor's term; except that the Secretary, 
     in making the initial appointments to the Board under 
     subparagraph (D), shall appoint 3 Directors to a term of 2 
     years and 3 Directors to a term of 3 years. Any vacancy on 
     the Board of Directors shall be filled in the same manner in 
     which the original appointment was made, and any member 
     appointed to fill a vacancy shall serve for the remainder of 
     the term for which his or her predecessor was appointed. Each 
     member shall continue to serve after the expiration of his or 
     her term until his or her successor is appointed. No 
     appointed director may serve more than 10 years in 
     consecutive terms.
       (e) Organization and Compensation.--(1) The Board of 
     Directors shall elect at the initial meeting a Chairman and a 
     Vice Chairman from among the members of the Board of 
     Directors. The Director of the National Park Service shall 
     serve as Chairman until such time as the Board holds such 
     election.
       (2) The Board of Directors may establish an Executive 
     Committee within the Board and other such committees within 
     the Board as it deems appropriate, and delegate such powers 
     to such committees as the Board determines appropriate to 
     carry out its functions and duties. Any such committees 
     established by the Board may meet and take action on behalf 
     of the Board between meetings to the extent the Board 
     delegates such authority. Delegations to such committees 
     shall not relieve the Board of full responsibility for the 
     carrying out of its functions and duties, and shall be 
     revocable by the Board in its exclusive judgment.
       (3) Members of the Board of Directors shall serve without 
     pay, but may be reimbursed for the actual and necessary 
     traveling and subsistence expenses incurred by them in the 
     performance of the duties of the Trust.
       (4) The Board of Directors shall meet at the call of the 
     Chairman, who shall require it to meet not less often than 
     once every 6 months. A majority of the members of the Board 
     of Directors (or their designated alternates) shall 
     constitute a quorum. The Board shall hold at least one public 
     meeting per year at the Presidio at which time the Board 
     shall report on its operations, accomplishments and goals for 
     the upcoming year.
       (5) Members of the Board of Directors shall not be 
     considered Federal employees by virtue of their membership on 
     the Board, except for purposes of the Federal Tort Claims Act 
     and other statutes defining legal liability.
       (f) Staff.--The Board of Directors shall have the power to 
     appoint and fix the compensation and duties of an Executive 
     Director and such other officers and employees of the Trust 
     as may be necessary for the efficient administration of the 
     Trust. Officers and employees of the Trust may be appointed 
     and compensated without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and may be paid without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53, title 5, United 
     States Code (relating to classification and General Schedule 
     pay rates), except that no such officer or employee may 
     receive a salary which exceeds the salary payable to officers 
     or employees of the United States classified a level IV of 
     the Executive Schedule.
       (g) Experts and Consultants.--The Board of Directors is 
     authorized to procure the services of experts or consultants, 
     or organizations, including but not limited to urban 
     planners, architects, engineers, and appraisers.
       (h) Authorities.--In exercising its powers and duties, the 
     Trust shall act in accordance with both the approved General 
     Management Plan, as amended (hereinafter in this Act referred 
     to as the ``Plan'') and the Act entitled ``An Act to 
     establish the Golden Gate National Recreation Area in the 
     State of California, and for other purposes'', approved 
     October 27, 1972 (Public Law 92-589: 86 Stat. 1299; 16 U.S.C. 
     460bb), and have the following authorities:
       (1) The Trust shall manage, maintain, improve and repair 
     those properties within the Presidio which are transferred to 
     the Trust by the Secretary.
       (2) The Trust shall publish and disseminate information and 
     make known to potential occupants, by advertisement, 
     solicitation, or other means, the availability of the 
     property within the Presidio which the Trust manages.
       (3) The Trust may prepare or cause to be prepared plans, 
     specifications, designs, and estimates of costs for the 
     rehabilitation, improvement, alteration, or repair of any 
     property managed by the Trust, and from time to time may 
     modify such plans, specifications, designs, or estimates.
       (4)(A) The Trust may negotiate and enter into agreements, 
     including contracts, leases, and cooperative agreements, with 
     any person including any governmental entity) for the 
     occupancy of any property within the Presidio which the Trust 
     manages.
       (B) Agreements under this paragraph shall be subject to 
     procedures established by the Secretary under paragraph (5).
       (C) Agreements under this paragraph may be entered into 
     without regard to section 321 of the Act of June 30, 1932 (40 
     U.S.C. 303b).
       (5) The Secretary shall establish procedures for agreements 
     under paragraph (4), including a requirement that in entering 
     into such agreements the Trust shall obtain such competition 
     as is practicable in the circumstances.
       (6) The Trust shall establish (through easements, 
     covenants, regulations, agreements, or otherwise) such 
     restrictions, standards, and requirements as are necessary to 
     assure the maintenance, protection, and aesthetic character 
     of the property managed by the Trust.
       (7) The Trust may make commercially reasonable loans to the 
     occupants of property managed by the Trust for the 
     preservation, restoration, maintenance, or repair of such 
     property.
       (8) The Trust may provide technical assistance to the 
     occupants of property managed by the Trust, to assist such 
     occupants in making repairs or improvements to the property 
     or applying for loans under paragraph (7) of this section.
       (9) The Trust and the Secretary may solicit and the Trust 
     may accept donations of funds, property, supplies, or 
     services from individuals, foundations, corporations, and 
     other private entities, and from public entities, for the 
     purpose of carrying out its duties.
       (10) The Trust may retain any revenues from leases or other 
     agreements concerning property managed by the Trust, 
     including preexisting leases or agreements and any donations, 
     and use the proceeds without further appropriation to offset 
     any costs for any function of the Trust authorized by this 
     Act, except for those moneys transferred to the Secretary as 
     stipulated in paragraph (11).
       (11) The Secretary and the Trust shall agree on an amount 
     of revenues received by the Trust to be transferred to the 
     Secretary, to be applied by the Secretary, without further 
     appropriation or offset to appropriation, for common 
     operating and maintenance expenses at the Presidio.
       (12)(A) The Trust may not (directly or indirectly) borrow 
     funds from any source other than the Secretary of the 
     Treasury as provided in this paragraph.
       (B) Except as provided in subparagraph (F), if at any time 
     the funds available to the Trust are insufficient to enable 
     the Trust to discharge its responsibilities under this Act, 
     the Trust may issue obligations to the Secretary of the 
     Treasury, but only if the Secretary of the Treasury agrees to 
     purchase such obligations after determining that the projects 
     to be funded from the proceeds thereof are credit worthy.
       (C) The aggregate amount of obligations issued under this 
     paragraph which are outstanding at any one time may not 
     exceed $150,000,000.
       (D) Obligations issued under this paragraph--
       (i) shall be in such forms and denominations, bearing such 
     maturities, and subject to such terms and conditions, as may 
     be prescribed by the Secretary of the Treasury, and
       (ii) shall bear interest at a rate determined by the 
     Secretary of the Treasury, taking into consideration current 
     market yields on outstanding marketable obligations of the 
     United States of comparable maturities.
       (E) No funds appropriated to the Trust may be used for 
     repayment of principal or interest on, or redemption of, 
     obligations issued under this paragraph.
       (F) The Secretary of the Treasury may purchase obligations 
     issued under this paragraph only to the extent provided in 
     advance in appropriation Acts.
       (13) Upon the request of the Trust, the Secretary of the 
     Treasury shall invest excess moneys of the Trust in public 
     debt securities with maturities suitable to the needs of the 
     Trust, as determined by the Trust, and bearing interest at 
     rates determined by the Secretary of the Treasury, taking 
     into consideration current market yields on outstanding 
     marketable obligations of the United States of comparable 
     maturity.
       (14) The Trust may enter into and perform such contracts 
     and other transactions with any person, firm, association, 
     organization, corporation or governmental entity as may be 
     necessary or appropriate to the conduct of activities 
     authorized under this Act.
       (15) The Trust may execute all instruments necessary or 
     appropriate in the exercise of any of its functions under 
     this Act, and may delegate to the Executive Director such of 
     its powers and responsibilities as it deems appropriate and 
     useful for the administration of the Trust.
       (16) The Trust may obtain by purchase, rental, donation, or 
     otherwise, such goods and services as may be needed to carry 
     out its duties. In the event of the termination of the Trust, 
     all property and unexpended funds shall be transferred to the 
     Department of the Interior, except that such funds shall only 
     be expended for the purposes of this Act.
       (17) The Trust shall procure insurance against any loss in 
     connection with the properties managed by it as is reasonable 
     and customary; and shall procure such additional insurance 
     for losses arising out of any of its authorized activities as 
     is reasonable and customary.
       (18) The Trust may sue and be sued in its name. All 
     litigation arising out of the activities of the Trust shall 
     be conducted by the Attorney General; the Trust may retain 
     private attorneys to provide advice and counsel on 
     transactional issues.
       (19) The Trust may adopt, amend, and repeal bylaws, rules, 
     and regulations governing the manner in which its business 
     may be conducted and the powers vested in it may be 
     exercised.
       (20) The Trust shall have perpetual succession.
       (21) The Trust shall have an official seal selected by the 
     Board which shall be judicially noticed.
       (22) The Trust shall have all necessary and proper powers 
     for the exercise of the authorities invested in it.
       (23) For purposes of complying with section 106 of the 
     National Historic Preservation Act, the Trust may work 
     directly with the National Park Service, the State Historic 
     Preservation Office, and the Advisory Council on Historic 
     Preservation and enter into programmatic agreements, where 
     appropriate.
       (i) Use of Federal Personnel, Facilities, and Services.--
     The Secretary and the heads of other Federal departments and 
     agencies may provide personnel, facilities, and other 
     administrative services to the Trust to assist it in carrying 
     out its duties under this Act. Furthermore, the Secretary and 
     the heads of other Federal departments and agencies may loan 
     or transfer to the Trust excess or surplus personal property 
     deemed necessary for the management of the Presidio.
       (j) Taxes.--Since the exercise of the powers granted by 
     this section will be in all respects for the benefit of the 
     people, the Trust is hereby declared to be devoted to an 
     essential public and governmental function and purpose and 
     shall be exempt from all taxes and special assessments of 
     every kind of the State of California, and its political 
     subdivisions, including the City and County of San Francisco.
       (k) Volunteers.--The Secretary may accept, without regard 
     to the Civil Service classification laws, rules, or 
     regulations, the services of the Trust, the Board, and the 
     officers, and employees and consultants of the Board, without 
     compensation from the Department of the Interior, as 
     volunteers in the performance of the functions authorized 
     herein, in the manner provided for under the Volunteers in 
     the Parks Act of 1969 (16 U.S.C. 18g et seq.).
       (l) Savings Clause.--Nothing in this section shall preclude 
     the Secretary from exercising any of his or her lawful powers 
     within the Presidio.
       (m) Affirmative Action.--The Trust shall ensure that 
     affirmative steps are taken, consistent with other Federal 
     law, to afford equal access and equal opportunities for 
     leases, concessions, contracts, subcontracts, and other 
     contracting and employment opportunities to minorities, 
     women, and other socially and economically disadvantaged 
     individuals, commensurate with local availability.
       (n) Financial Records.--The financial records of the Trust 
     shall be available for inspection by the Secretary, the 
     Inspector General of the Department of the Interior, and the 
     Comptroller General at any time and shall be audited by a 
     reputable firm of certified public accountants not less 
     frequently than once each year. Such audit shall be made 
     available to the Secretary and the Congress. The Trust shall 
     be subject to the provisions of the Government Corporation 
     Control Act (31 U.S.C. 9109 et seq.), including the budget 
     and credit provisions, except that the Trust shall submit its 
     budget through and in consultation with the Secretary.
       (o) Leasing.--In managing and leasing the properties 
     transferred to it, the Trust should consider the extent to 
     which prospective tenants maximize the contribution to the 
     implementation of the General Management Plan and to the 
     generation of revenues to offset costs of the Presidio. If 
     the Trust has difficulty securing a tenant for a property 
     under its control, it may enter into negotiation with a 
     prospective tenant whose proposed use may be inconsistent 
     with the approved General Management Plan. The Trust may not 
     enter into a lease which is inconsistent with the approved 
     General Management Plan unless the Secretary makes a finding 
     that the proposed lease will not have a detrimental effect on 
     the natural, historical, scenic and recreational values for 
     which the Golden Gate National Recreation Area was 
     established. For major leasing actions, the Trust shall 
     submit the proposed lease to the Secretary of the Interior or 
     his designee for a period of 10 working days for his review 
     of the lease for consistency with the General Management 
     Plan. Before executing the lease, the Trust shall consider 
     issues of consistency raised by the Secretary or his 
     designee.
       (p) Application of Other Laws.--(1) All general penal 
     statutes relating to the larceny, embezzlement, or conversion 
     of public moneys or property of the United States shall apply 
     to the moneys and property of the Trust.
       (2)(A) Except as provided in subparagraphs (B) and (C), 
     Federal laws and regulations governing procurement by Federal 
     agencies shall apply to the Trust.
       (B) The Secretary may authorize the Trust, in exercising 
     authority under section 303(g) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 253(g)) 
     relating to simplified purchase procedures, to use as the 
     dollar limit of each purchase or contract under that 
     subsection an amount which does not exceed $500,000.
       (C) The Secretary may authorize the Trust, in carrying out 
     the requirement of section 18 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 416) to furnish to the 
     Secretary of Commerce for publication notices of proposed 
     procurement actions, to use as the applicable dollar 
     threshold for each expected procurement an amount which does 
     not exceed $1,000,000.
       (q) Golden Gate National Recreation Area Advisory 
     Commission.--The Trust shall maintain liaison with the Golden 
     Gate National Recreation Area Advisory Commission in matters 
     relating to the General Management Plan, and shall meet with 
     the Commission at least annually.
       (r) Reversion.--In the event of failure or default, all 
     interests and assets of the Trust shall revert to the United 
     States to be administered by the Secretary.
       (s) Report.--The Trust shall transmit to the Secretary and 
     the Congress, annually each January, a comprehensive and 
     detailed report of its operations, activities, and 
     accomplishments for the prior fiscal year. The report also 
     shall include a section that describes, in general terms, the 
     Trust's goals for the current fiscal year. The portion of the 
     report containing the audited financial statement may be 
     submitted at a later date, but no later than the first day of 
     March of such year.
       (t) Authorization of Appropriations for Presidio.--For 
     purposes of the Presidio, including the Presidio Trust, there 
     is authorized to be appropriated to the Secretary such sums 
     as may be necessary, but the aggregate of funds appropriated 
     for purposes of the Presidio (excluding the Presidio Trust) 
     under this subsection and under the Act entitled ``An Act to 
     establish the Golden Gate National Recreation Area in the 
     State of California, and for other purposes'', approved 
     October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 
     460bb) may not exceed $25,000,000 in any one fiscal year. 
     Funds appropriated under this Act (other than funds 
     appropriated for operations) remain available until expended.
       (u) Separability of Provisions.--If any provisions of this 
     Act or the application thereof to any body, agency, 
     situation, or circumstance is held invalid, the remainder of 
     the Act and the application of such provision to other 
     bodies, agencies, situations, or circumstances shall not be 
     affected thereby.
       (v) The provisions of the Act of March 3, 1931 (40 U.S.C. 
     276a et seq.; commonly known as the Davis-Bacon Act), and the 
     provisions of the Service Contract Act of 1965 (41 U.S.C. 351 
     et seq.), shall apply to the Trust. All laborers and 
     mechanics employed on the construction, rehabilitation, 
     reconstruction, alteration, or repair of projects funded in 
     whole or in part by the Trust and projects financed in whole 
     or in part by loans, grants, loan guarantees, or any other 
     assistance by the Trust shall be paid wages at rates not less 
     than those prevailing on projects of a similar character in 
     the locality as determined by the Secretary of Labor in 
     accordance with the Act of March 3, 1931 (40 U.S.C. 276a et 
     seq.; commonly known as the Davis-Bacon Act). The Secretary 
     of Labor shall have, with respect to the labor standards 
     specified in this section, the authority and functions set 
     forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 
     3176; 64 Stat. 1267) and section 2 of the Act of June 13, 
     1934 (40 U.S.C. 276c).

     SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT.

       No funds appropriated pursuant to this Act may be expended 
     by an entity unless the entity agrees that in expending the 
     assistance the entity will comply with sections 2 through 4 
     of the Act of March 3, 1993 (41 U.S.C. 10a-10c, popularly 
     known as the ``Buy American Act'').

     SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     Act, it is the sense of the Congress that entities receiving 
     such assistance should, in expending the assistance, purchase 
     only American-made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.

     SEC. 6. PROHIBITION OF CONTRACTS.

       It has been finally determined by a court or Federal agency 
     that any person intentionally affixed a label bearing a 
     ``Made in America'' inscription, or any inscription with the 
     same meaning, to any product sold in or shipped to the United 
     States that is not made in the United States, such person 
     shall be ineligible to receive any contract or subcontract 
     made with funds provided pursuant to this Act, pursuant to 
     the debarment, suspension, and ineligibility procedures 
     described in section 9.400 through 9.409 of title 48, Code of 
     Federal Regulations.

  The SPEAKER pro tempore. Pursuant to House Resolution 576, the 
gentleman from Minnesota [Mr. Vento] will be recognized for 30 minutes, 
and the gentleman from Utah [Mr. Hansen] will be recognized for 30 
minutes.
  The Chair recognizes the gentleman from Minnesota [Mr. Vento].
  Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5231, replaces H.R. 3433, which was introduced by 
Representative Nancy Pelosi and passed by the House on August 18, 1994. 
The primary purpose of this legislation is to establish a public 
benefit corporation to lease and manage property at the Presidio in 
order to reduce costs to the Federal Government. Over the past several 
years, the Presidio has been the subject of extensive discussion and 
debate.
  As of October 1, 1994, the Presidio, by law, was transferred from the 
U.S. Army to the National Park Service to be administered as part of 
the Golden Gate National Recreation Area [GGNRA]. This transfer was the 
result of the 1972 enabling legislation for GGNRA which required the 
Presidio be transferred to the National Park Service when it was 
determined to be excess to the Army's needs.
  The 1,480 acre Presidio contains a wealth of natural, historical, and 
recreational resources. With 220 years of military history captured in 
over 500 historic buildings, natural beauty ranging from coastal bluffs 
to grasslands and forests, and abundant recreational opportunities, the 
Presidio is a unique place which is made even more remarkable by its 
location in the middle of a major urban metropolitan area. Sites 
throughout the Presidio provides views of the Pacific Ocean, the Golden 
Gate Bridge, the Marin headlands, San Francisco Bay, and the skyline of 
San Francisco. The Presidio also contains numerous recreational 
resources where visitors hike, bike, and tour scenic trails and drives. 
The Golden Gate National Recreation Area is currently the most visited 
unit of the National Park System, and the addition of the Presidio will 
provide millions of national and international visitors with the 
opportunity to enjoy and learn from this truly unique area.
  The challenge facing us is to preserve the national assets of the 
Presidio in a manner which is sensitive to the budgetary constraints of 
the Federal Government. This concern is bipartisan and it is shared by 
Congress and the administration. The Congress has already acted once to 
reduce costs at the Presidio by authorizing the National Park Service 
to lease the 1.8 million square foot Letterman/Lair hospital complex. 
The measure we are considering today takes the next step by 
establishing a public benefit Government corporation to lease the 
remaining Presidio properties and reinvest the lease income into repair 
and rehabilitation of structures.
  The activities of the National Park Service and the trust will be 
closely monitored by the authorizing and appropriations committees of 
Congress. The bill ensures that the activities of the trust are 
consistent with both the purposes of the act establishing the GGNRA and 
the approved general management plan of the Presidio. The Secretary of 
the Interior has the authority to review major leases for consistency 
with the general management plan. The bill also contains a number of 
other provisions to increase accountability including requirements for 
public meetings and maintaining liaison with the GGNRA Advisory 
Commission as well as other financial reporting requirements.
  H.R. 5231 is an important measure which provides for the responsible 
management of the numerous nationally significant resources of the 
Presidio. I urge my colleagues to support the bill.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from California [Ms. Pelosi].
  Ms. PELOSI. Mr. Speaker, I thank the gentleman from Minnesota [Mr. 
Vento] for yielding this time to me, and for his leadership and 
cooperation in bringing this legislation once again to the floor. I 
want to also commend the chairman of the full Committee on Natural 
Resources, the gentleman from California [Mr. Miller] for his 
leadership on it, and the gentleman from Utah [Mr. Hansen] as well, 
even though we are not in agreement, for his graciousness in 
opposition. I also want to thank the gentleman from Florida [Mr. 
Gibbons], the chairman of the Committee on Ways and Means, and the 
gentleman from Missouri [Mr. Gephardt], the majority leader, for their 
assistance in making it possible for us to consider this legislation 
today.

                              {time}  1640

  The gentleman from New York [Mr. Solomon], in the debate on the rule, 
mentioned to the body why it is necessary for us to bring this same 
legislation up again. I would like to just add to his remarks by 
emphasizing that this legislation is identical, not one word different, 
from legislation that passed the House in August and was voted upon and 
passed the House.
  The reason we are bringing it up again is because it is the last day 
of session. We have not received our bill back from the Senate. It is 
necessary for us to put the ball back in their court as we adjourn and 
they approve the legislation so that the much-needed Presidio trust can 
be put in place.
  Mr. Speaker, last weekend, the Presidio changed from an Army post to 
a national park. So it is necessary for us to have this legislation 
right now because this park is born.
  I think that we can stipulate to the fact that Members have seen the 
historic value, the value, the biological diversity of the park. It is 
the only urban park that is a U.S. biosphere in the United States. It 
is rich in history as far as the U.S. Army is concerned. And its 
magnificent vistas will be enjoyed for generations to come as a 
national park.
  It was quite a moving occasion to see the Army flag replaced by the 
national park flag. Of course, the Army flag will still fly there, but 
side by side with the national park flag.
  I say that to emphasize the fact that it is a park; the transition 
has taken place. This legislation is necessary, and that is why we are 
taking the unusual measure of reintroducing the bill and sending it 
over to the Senate.
  Mr. VENTO. Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, here we are, deja vu all over again. This 
same bill is sitting over in the Senate right now. I am really tempted 
to deliver the same speech I did 50 days ago, when we last considered 
this bill. I did not think it was a good bill then. I do not think it 
is a good bill now.
  We have all gone through the reasons and we have all talked money and 
all the things we did earlier. Instead of spending time on this 
measure, I refer my colleagues to the debate on pages H. 8663 through 
H. 8666 in the Congressional Record dated August 18, 1994.
  Mr. ALLARD. Mr. Speaker, I hope Members are listening carefully to 
the discussion and fully understand exactly what is happening with this 
rule we are now considering.
  If this rule passes, and I stress if because I intend to oppose and 
seek a vote on this rule, Members of this body will be spending several 
hours of our final day discussing a bill which is identical to what was 
agreed to on this floor just 50 days ago and which cannot be amended. A 
bill which was just introduced at 1:30 a.m. this morning and on which a 
rule was reported 45 minutes later.
  We will spend several hours discussing a bill identical to one which 
is sitting in the Senate.
  Further, we know that the Senate committee of jurisdiction opposes 
this version of the bill, because they amended it; it is also opposed 
by the chairman of the responsible Senate Appropriations Committee. In 
fact, I believe even the sponsor of the bill does not support this 
version of the bill.
  I am sympathetic to the sponsors of this bill that the measure has 
not moved in the Senate. In fact, the Senate Energy Committee has about 
50 of our Natural Resources bills reported from the committee and 
waiting for action on the Senate floor.
  Should we reconvene the Rules Committee and ask them to issue 50 
rules so that this body can spend time on each of these important 
bills?
  What about bills of the other 26 committees, don't they deserve equal 
consideration?
  The two fundamental questions we should ask before you vote on this 
rule are: First, is this action essential from a time perspective? And 
second, do we have a guarantee that if we pass the same bill again it 
will be agreed to?--the answer to both questions is no.
  The fiscal year 1995 Interior budget is passed and signed into law. 
It provides $25 million for the Presidio. Even if we pass this bill 
today it would not increase funding for the Presidio one nickel. 
Further, we have also enacted legislation to allow NPS to lease the 
most valuable property at the Presidio. Further, legislation today is 
not essential for the basic preservation or management of this site 
over the next 12 months.
  What assurances do we have that 100 Senators have agreed to this 
version of the bill? The fact is, that we have ample evidence that the 
Senate opposes this version of the Presidio bill.
  Further, there is absolutely nothing which prevents the Senate from 
taking the Presidio bill right now and passing it, except that there is 
no agreement on the bill.
  Passing this bill changes nothing in the Senate and wastes the time 
of Members of this body.
  Therefore, I believe we should vote. Members who don't want to waste 
their valuable time on passing a bill now sitting in the Senate should 
vote ``no'' on this rule.
  Mr. HANSEN. Mr. Speaker, I reserve the balance of my time.
  Mr. VENTO. Mr. Speaker, I would point to the excellent debate record 
that occurred, with the votes on this bill, on August 18, 1994. I see 
no need to reiterate my thoughts at this time.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Sharp). Pursuant to House Resolution 
576, the previous question is ordered.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________