[Congressional Record Volume 142, Number 29 (Wednesday, March 6, 1996)]
[Senate]
[Pages S1547-S1550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ADVANCE NOTICE OF PROPOSED RULEMAKING

  Mr. THURMOND. Mr. President, pursuant to section 304(b) of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1384(b)), an advance 
notice of proposed rulemaking was submitted by the Office of 
Compliance, U.S. Congress. This advance notice seeks comment on a 
number of regulatory issues arising under section 220 of the 
Congressional Accountability Act. Section 220 applies to covered 
congressional employees and employing offices the rights, protections, 
and responsibilities established under chapter 71 of title V, United 
States Code, related to Federal service labor-management relations.
  Section 304 requires this notice to be printed in the Congressional 
Record; therefore, I ask unanimous consent that the notice be printed 
in the Record.
  There being no objection, the notice was ordered to be printed in the 
Record, as follows:

  Office of Compliance--The Congressional Accountability Act of 1995: 
Extension of Rights, Protections and Responsibilities Under Chapter 71 
   of Title 5, United States Code, Relating to Federal Service Labor-
                          Management Relations


                 ADVANCE NOTICE OF PROPOSED RULEMAKING

       Summary: The Board of Directors of the Office of Compliance 
     (``Board'') invites comments from employing offices, covered 
     employees and other interested persons on matters arising in 
     the issuance of regulations under section 220 (d) and (e) of 
     the Congressional Accountability Act of 1995 (``CAA'' or 
     ``Act'') Pub. L. 104-1, 109 Stat. 3.
       The provisions of section 220 are generally effective 
     October 1, 1996. 2 U.S.C. section 1351. Section 220(d) of the 
     Act directs the Board to issue regulations to implement 
     section 220. The Act further provides that, as to covered 
     employees of certain specified employing offices, the rights 
     and protections of section 220 will be effective on the 
     effective date of Board regulations authorized under section 
     220(e). 2 U.S.C. section 1351(f). Section 304 of the CAA 
     prescribes the procedure applicable to the issuance of 
     substantive regulations by the Board.
       The Board issues this Advance Notice of Proposed Rulemaking 
     (ANPR) to solicit comments from interested individuals and 
     groups in order to encourage and obtain participation and 
     information as early as possible in the development of 
     regulations. In particular, the Board invites and encourages 
     commentors to address certain specific matters and to submit 
     reporting background information and rationale as to what the 
     regulatory guidance should be before proposed rules are 
     promulgated under section 220 of the Act. In addition to 
     receiving written comments, the Office will consult with 
     interested parties in order to further its understanding 
     of the need for and content of appropriate regulatory 
     guidance.
       Dates: Interested parties may submit comments within 30 
     days after the date of publication of this Advance Notice in 
     the Congressional Record.
       Addresses: Submit written comments (an original and 10 
     copies) to the Chair of the Board of Directors, Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, DC 20540-1999. Those wishing to 
     receive notification of receipt of comments are requested to 
     include a self-addressed, stamped post card. Comments may 
     also be transmitted by facsimile (``FAX'') machine to (202) 
     426-1913. This is not a toll-free call. Copies of comments 
     submitted by the public will be available for review at the 
     Law Library Reading Room, Room LM-201, Law Library of 
     Congress, James Madison Memorial Building, Washington, DC, 
     Monday through Friday, between the hours of 9:30 a.m. and 
     4:00 p.m.
       For Further Information Contact: Executive Director, Office 
     of Compliance at (202) 724-9250. This notice is also 
     available in the following formats: large print, braille, 
     audio tape, and electronic file on computer disk. Requests 
     for this notice in an alternative format should be made to 
     Mr. Russell Jackson, Director, Service Department, Office of 
     the Sergeant at Arms and Doorkeeper of the Senate, 202-224-
     2705.

                               Background

       The Congressional Accountability Act of 1995 applies the 
     rights and protections of eleven federal labor and employment 
     law statutes to covered Congressional employees

[[Page S1548]]

     and employing offices. The Board of Directors of the Office 
     of Compliance established under the CAA invites comments 
     before promulgating proposed rules under section 220 of that 
     Act, the section which applies to covered Congressional 
     employees and employing offices the rights, protections and 
     responsibilities established under chapter 71 of title 5, 
     United States Code, relating to Federal service labor-
     management relations (``chapter 71'').
       Section 220(d) authorizes the Board to issue regulations to 
     implement section 220 and further states that such 
     regulations ``shall be the same as substantive regulations 
     promulgated by the Federal Labor Relations Authority 
     [``FLRA''] to implement . . . [the referenced statutory 
     provisions] . . . except to the extent that the Board may 
     determine, for good cause shown and stated together with the 
     regulation, that a modification of such regulations would be 
     more effective for the implementation of the rights and 
     protections under this section; or . . . as the Board deems 
     necessary to avoid a conflict of interest or appearance of a 
     conflict of interest.''
       Section 220(e) further authorizes the Board to issue 
     regulations ``on the manner and extent to which the 
     requirements and exemptions of chapter 71 . . . should 
     apply'' to covered employees who are employed in offices 
     listed in paragraph 2 of that subsection and provides that 
     such regulations shall, ``to the greatest extent practicable, 
     be consistent with the provisions and purposes of chapter 71 
     . . . and of this Act, and shall be the same as substantive 
     regulations issued by the [FLRA] under such chapter, except . 
     . . [for good cause] . . . and that the Board shall exclude 
     from coverage under [section 220] any covered employees who 
     are employed in offices listed in paragraph (2) [of section 
     220(e)] if the Board determines that such exclusion is 
     required because of (i) a conflict of interest or appearance 
     of a conflict of interest; or (ii) Congress' constitutional 
     responsibilities.''
       The provisions of section 220 are effective October 1, 
     1996, except that, ``[w]ith respect to the offices listed in 
     subsection (e)(2), to the covered employees of such offices, 
     and to representatives of such employees, [the provisions of 
     section 220] shall be effective on the effective date of 
     regulations under subsection (e).''
       In order to promulgate regulations that properly fulfill 
     the directions and intent of these statutory provisions, the 
     Board needs comprehensive information and comment on a wide 
     range of matters and issues. The Board has determined that, 
     before publishing proposed regulations for notice and 
     comment, it will provide all interested parties and persons 
     with this opportunity to submit comments, with supporting 
     data, authorities and argument, as to the content of and 
     bases for any proposed regulations. The Board wishes to 
     emphasize, as it did in the development of the regulations 
     issued to implement sections 202, 203, 204 and 205 of the 
     CAA, that commentors who propose a modification of the 
     regulations promulgated by the FLRA, based upon an assertion 
     of ``good cause,'' should provide specific and detailed 
     information and rationale necessary to meet the statutory 
     requirements for good cause to depart from the FLRA's 
     regulations. It is not enough for commentors simply to 
     propose a revision to the FLRA's regulations or to request 
     guidance on an issue, rather, if commentors desire a change 
     in the FLRA's regulations, commentors must explain the legal 
     and factual basis for the suggested change. Similarly, 
     commentors are urged to provide information with sufficient 
     specificity and detail to support (1) any proposed 
     modification of the FLRA's regulations based upon an asserted 
     conflict of interest or appearance of a conflict of interest, 
     (2) any claim that the manner and extent of the application 
     of the requirements and exemptions of chapter 71 should 
     differ for certain employees or covered employing offices, or 
     (3) exclusion of any covered employees from coverage of 
     section 220 because of an asserted conflict of interest or 
     appearance thereof, or because of Congress' constitutional 
     responsibilities. The Board must have these explanations and 
     information if it is to be able to evaluate proposed 
     regulations and make proposed regulatory changes. Failure to 
     provide such information and authorities will greatly impede, 
     if not prevent, adoption of proposals by commentors.
       So that it may make more fully informed decisions regarding 
     the promulgation and issuance of regulations, in addition to 
     inviting and encouraging comments on all relevant matters, 
     the Board specifically requests comments on the following 
     issues:

  I. Regulations Promulgated by the Federal labor Relations Authority

       As noted above, except as otherwise specified, section 220 
     (d) and (e) of the CAA, among other things, directs the Board 
     to issue regulations that are ``the same as substantive 
     regulations promulgated by the Federal Labor Relations 
     Authority to implement the [applicable] statutory 
     provisions'' (emphasis added).
       The Board has reviewed the body of regulations promulgated 
     by the FLRA and published at 5 C.F.R. sections 2411-2416 
     (Subchapter B), 2420-2430 (Subchapter C), and 2470-2472 
     (Subchapter D), as amended, effective March 15, 1996 (See 
     Vol. 60 Federal Register 67288, December 29, 1995) Subchapter 
     B of the FLRA regulations treats the implementation and 
     applicability of the Freedom of Information Act, the Privacy 
     Act and the Sunshine Act in the FLRA's processes; internal 
     matters including delegations of authority, FLRA employee 
     conduct and anti-discrimination policies; and procedural 
     issues such as ex parte communications and subpoenas of FLRA 
     personnel. As the regulations contained in Subchapter B of 
     the FLRA's regulations do not appear to have been 
     ``promulgated to implement the statutory provisions'' applied 
     by section 220, it is the Board's preliminary view that 
     they should not be proposed for adoption under the CAA.
       With respect to the rest of the FLRA's regulations, section 
     2420.1, ``Purpose and scope'', states in pertinent part that 
     ``the regulations contained in this subchapter [Subchapter C 
     relating to the FLRA and the General Counsel of the FLRA] are 
     designed to implement the provisions of chapter 71 . . . They 
     prescribe the procedures, basic principles or criteria under 
     which the [FLRA] or the General Counsel of the [FLRA], as 
     applicable, will'' carry out their functions, resolve issues 
     and otherwise administer chapter 71. Section 2470.1 in turn 
     provides that the ``regulations contained in this Subchapter 
     [D] are intended to implement the provisions of section 7119 
     of title 5 . . . They prescribe procedures and methods which 
     the Federal Service Impasses Panel may utilize in the 
     resolution of negotiation impasses . . .'' Thus, a review of 
     Subchapters C and D reveals that certain of the regulations 
     relate to processes that implement chapter 71, while others 
     relate to principles or criteria for making decisions that 
     implement chapter 71. Thus, with respect to all of these 
     provisions, there is a question as to which, if any, are 
     ``substantive regulations'' within the meaning of section 
     220(d) and (e) of the Act.
       When promulgating regulations to implement section 203 of 
     the CAA, the Board noted that, under principles of 
     administrative law, a distinction is generally made between 
     ``substantive'' regulations and ``interpretive'' regulations 
     or guidelines. ``Substantive'' regulations are issued by a 
     regulatory body pursuant to statutory authority and implement 
     the underlying statute. Such rules have the force and effect 
     of law. The Board also notes that the term ``substantive,'' 
     when describing regulations, might be used to distinguish 
     such regulations from those that are ``procedural'' in nature 
     or content. In this regard, section 304 of the CAA sets forth 
     the procedures applicable to the issuance of ``substantive'' 
     regulations. In contrast, section 303 of the CAA sets forth 
     different procedures for the issuance of ``procedural 
     rules.'' Both sections 303 and 304 require adherence to the 
     principles and procedures set forth in section 553 of title 
     5, United States Code, and provide for the publication of a 
     general notice of proposed rulemaking in accordance with 
     section 553(b) of title 5, United States Code (to be 
     published in the Congressional Record instead of the Federal 
     Register) and a comment period of at least 30 days. In light 
     of these statutory provisions, the use of the phrase 
     ``substance regulations,'' in the context of sections 220 and 
     304 of the CAA, could be intended to further distinguish such 
     regulations from the purely procedural regulations to be 
     issued under section 303 of the Act.
       The Board invites comment on the meaning of the term 
     ``substantive regulations'' under sections 220 and 304 of the 
     CAA.
       The Board further invites comment on which of the 
     regulations promulgated by the FLRA should be considered 
     substantive regulations within the meaning of section 220 of 
     the CAA, and specifically invites comment on whether, and if 
     so, to what extent the Board should propose the adoption of 
     the regulations set forth in 5 C.F.R. sections 2411-2416.

 II. Modifications of FLRA Regulations under Section 220(d) of the CAA

       As noted above, section 220(d) provides that the Board 
     shall issue regulations that are the same as substantive 
     regulations of the FLRA ``except to the extent that the Board 
     may determine, for good cause shown and stated together with 
     the regulations, that a modification of such regulations 
     would be more effective for the implementation of the rights 
     and protections under this section'' (emphasis added). 
     Section 220(d) also provides that the Board may modify 
     the FLRA's substantive regulations ``as the Board deems 
     necessary to avoid a conflict of interest or appearance of 
     a conflict of interest.'' Thus, there is an issue as to 
     what modifications, if any, should be made to the FLRA's 
     regulations pursuant to these authorities.
       Commentors who, based upon an assertion of ``good cause,'' 
     propose modifications of any identified substantive 
     regulations promulgated by the FLRA should state, with 
     specificity and detail, how such modifications would be 
     ``more effective'' for the implementation of the rights and 
     protections applied under the CAA. Commentors are reminded 
     that proposed modifications for good cause must meet the 
     statutory requirements quoted above; commentors are also 
     reminded that any proposed modifications in regulations 
     should be supported by appropriate legal and factual 
     materials.
       Similarly, the Board further requests commentors to 
     identify, where applicable, why a proposed modification of 
     the FLRA regulations is necessary to avoid a conflict of 
     interest or an appearance of a conflict of interest. In this 
     regard, commentors should not only fully and specifically 
     describe the

[[Page S1549]]

     conflict of interest or appearance thereof that they believe 
     would exist were the pertinent FLRA regulations not modified, 
     but also explain the necessity for avoiding the asserted 
     conflict or appearance of conflict and how any proposed 
     modification would avoid the identified concerns. Indeed, 
     commentors should explain how they interpret this statutory 
     provision and, in doing so, identify the interpretive 
     materials upon which they are relying.
       In addition, the Board requests that commentors identify 
     any provisions within Subchapters C and D of the FLRA's 
     regulations which, although promulgated to implement chapter 
     71, were not in the commentors' view promulgated to implement 
     a statutory provision of chapter 71 that was incorporated by 
     section 220 into the CAA or are otherwise inconsistent with 
     the provisions of the CAA. Also, commentors are requested to 
     suggest technical changes in nomenclature or other matters 
     that may be deemed appropriate.
       The Board invites comment on whether and to what extent it 
     should, pursuant to section 220(d) of the CAA, modify the 
     substantive regulations promulgated by the FLRA.

              III. Questions arising under section 220(e)

 A. The Manner and Extent of the Application of Chapter 71 to Specific 
                               Employees

       Section 220(e)(1) provides that the ``Board shall issue 
     regulations pursuant to section 304 on the manner and extent 
     to which the requirements and exemptions of chapter 71 . . . 
     should apply to covered employees who are employed in offices 
     listed in paragraph (2).'' Section 220(e) further states that 
     the ``regulations shall, to the greatest extent practicable, 
     be consistent with the provisions and purposes of chapter 71 
     and shall be the same as substantive regulations issued by 
     the [FLRA] under such chapter,'' except for ``good cause.'' 
     The offices referred to in section 220(e)(2) include:
       (A) the personal office of any Member of the House of 
     Representatives or of any Senator;
       (B) a standing, select, special, permanent, temporary, or 
     other committee of the Senate or other committee of the 
     Senate or House of Representatives, or a joint committee of 
     Congress;
       (C) the Office of the vice President (as President of the 
     Senate), the Office of the President pro tempore of the 
     Senate, the Office of the Majority Leader of the Senate, the 
     Office of the Minority Leader of the Senate, the Office of 
     the Majority Whip of the Senate, the Office of the Minority 
     Whip of the Senate, the Conference of the Majority of the 
     Senate, the Conference of the Minority of the Senate, the 
     Office of the Secretary of the Conference of the Majority of 
     the Senate, the Office of the Secretary of the Conference of 
     the Minority of the Senate, the Office of the Secretary for 
     the Majority of the Senate, the Office of the Secretary for 
     the Minority of the Senate, the Majority Policy Committee of 
     the Senate, the Minority Policy Committee of the Senate, 
     and the following offices within the Office of the 
     Secretary of the Senate: Offices of the Parliamentarian, 
     Bill Clerk, Legislative Clerk, Journal Clerk, Executive 
     Clerk, Enrolling Clerk, Official Reporters of Debate, 
     Daily Digest, Printing Services, Captioning Services, and 
     Senate Chief Counsel for Employment.
       (D) the Office of the Speaker of the House of 
     Representatives, the Office of the Majority Leader of the 
     House of Representatives, the Office of the Minority Leader 
     of the House of Representatives, the Offices of the Chief 
     Deputy Majority Whips, the Offices of the Chief Deputy 
     Minority Whips and the following offices within the Office of 
     the Clerk of the House of Representatives: Offices of 
     Legislative Operations, Official Reporters of Debate, 
     Official Reporters to Committees, Printing Services, and 
     Legislative Information;
       (E) the Office of the Legislative Counsel of the Senate, 
     the Office of the Senate Legal Counsel, the Office of the 
     Legislative Counsel of the House of Representatives, the 
     Office of the General Counsel of the House of 
     Representatives, the Office of the Parliamentarian of the 
     House of Representatives, and the Office of the Law Revision 
     Counsel;
       (F) the offices of the caucus or party organization;
       (G) the Congressional Budget Office, the Office of 
     Technology Assessment, and the Office of Compliance; and
       (H) such other offices that perform comparable functions 
     which are identified under regulations of the Board.

     These statutory provisions raise a number of interpretive and 
     factual questions that must be considered in the rulemaking 
     process.
       Although section 220(e)(1)(A) directs that any regulations 
     issued by the Board on the manner and extent of application 
     of chapter 71's requirements and exemptions shall generally 
     be the same as the FLRA's substantive regulations, the 
     regulations promulgated by the FLRA only generally govern the 
     manner in which chapter 71 is implemented. The specific 
     application of both the requirements of chapter 71 and the 
     exemptions delineated in sections 7103 and 7112 of that 
     chapter has been developed through the case precedents of the 
     FLRA and the courts; the FLRA regulations generally do not 
     set forth, with any specificity, the manner and extent of the 
     application of chapter 71's requirements and exemptions. An 
     initial question arises as to whether and to what extent the 
     regulations promulgated by the FLRA should be modified for 
     application to covered employees of the offices identified in 
     section 220(e)(2) so as to specify in greater detail the 
     manner and the extent of chapter 71's application. In 
     addressing this question, commentors are reminded that any 
     suggested modifications of the FLRA's regulations should be 
     supported with a detailed explanation of the factual and 
     legal reasons that demonstrate how such modification would 
     meet the ``good cause'' standard of the CAA (see Section II, 
     supra.).
       In addition, the Board notes that section 220(e) further 
     requires that any regulations issued on the manner and extent 
     of chapter 71's application to employees in the referenced 
     offices shall, to the greatest extent practicable, be 
     consistent with the provisions and purposes of chapter 71. In 
     the latter regard, Section 7101 of chapter 71 sets forth the 
     following ``Findings and purpose''.
       (a) The Congress finds that--
       (1) experience in both private and public employment 
     indicates that the statutory protection of the right of 
     employees to organize, bargain collectively, and participate 
     through labor organizations of their own choosing in 
     decisions which affect them--
       (A) safeguards the public interest,
       (B) contributes to the effective conduct of public 
     business, and
       (C) facilitates and encourages the amicable settlements of 
     disputes between employees and their employers involving 
     conditions of employment; and
       (2) the public interest demands the highest standards of 
     employee performance and the continued development and 
     implementation of modern and progressive work practices to 
     facilitate and improve employee performance and the efficient 
     accomplishment of the operations of the Government Therefore, 
     labor organizations and collective bargaining in the civil 
     service are in the public interest.
       (b) It is the purpose of this chapter to prescribe certain 
     rights and obligations of the employees of the Federal 
     Government and to establish procedures which are designed to 
     meet the special requirements and needs of the Government. 
     The provisions of this chapter should be interpreted in a 
     manner consistent with the requirement of an effective and 
     efficient Government.

     There thus is immediately a question whether and to what 
     extent these findings and purposes apply in interpreting 
     section 220 of the CAA, and, if these findings and purposes 
     do not apply, the question arises as to how the Board should 
     define the phrase ``provisions and purposes of chapter 71.''
       The Board invites comment on whether and to what extent it 
     should, pursuant to section 220(e)(1)(A), modify the 
     regulations promulgated by the FLRA for application to 
     covered employees of the offices identified in section 
     220(e)(2). Commentors are reminded that any suggested 
     modifications of the FLRA's regulations should be supported 
     with a detailed explanation of the factual and legal reasons 
     that demonstrate how such modification would meet the ``good 
     cause'' standard of the CAA, as well as an explanation of how 
     such proposed modifications are ``to the greatest extent 
     practicable consistent with the provisions and purposes of 
     chapter 71.''
       The Board further invites comment on what regulations 
     should be issued under section 220(e)(1)(A) concerning the 
     manner and extent to which the requirements and exemptions of 
     chapter 71 should apply to covered employees who are employed 
     in the offices identified in section 220(e)(2). Commentors 
     are requested to state on what basis they believe the Board 
     has authority to issue such regulations, and to set forth 
     fully and precisely the content of and necessity for any 
     proposed regulations, as well as an explanation of how any 
     such proposed regulations are ``to the greatest extent 
     practicable consistent with the provisions and purposes of 
     chapter 71.''

                       B. Exclusion from Coverage

       Section 220(e)(1)(B) provides ``that the Board shall 
     exclude from coverage [under section 220] any covered 
     employees who are employed in offices listed in paragraph (2) 
     if the Board determines that such exclusion is required 
     because of--
       (i) a conflict of interest or appearance of a conflict of 
     interest; or
       (ii) Congress' constitutional responsibilities.''

     The referenced offices are set forth above. The Board seeks 
     comment on several questions.
       Under section 7103 of chapter 71, managerial and 
     supervisory employees are excluded by law from coverage under 
     section 220 of the CAA, and, pursuant to section 7112, other 
     individuals such as confidential employees, employees engaged 
     in personnel work, certain employees who conduct internal 
     investigations and employees engaged in intelligence or 
     national security work are precluded from inclusion in 
     bargaining units. In addition, section 7120 of chapter 71 
     provides that chapter 71 ``does not authorize participation 
     in the management of a labor organization or acting as a 
     representative of a labor organization by an employee if the 
     participation or activity would result in a conflict or 
     apparent conflict of interest or would otherwise be 
     incompatible with law or with the official duties of the 
     employee.'' The issue presented is which additional 
     employees, if any, shall be excluded from coverage under 
     section 220 based upon factors other than those already set 
     forth under the provisions of chapter 71, as applied by the 
     CAA.

[[Page S1550]]

     The Board reiterates that any proposed exclusion should 
     be supported with detailed and precise information and 
     rationale sufficient to establish that exclusion is 
     warranted under section 220(e)(1(B) of the Act. For 
     example, commentors should provide comprehensive and 
     specific descriptions of job functions and 
     responsibilities that they believe require exclusion of 
     covered employees from coverage and explain precisely why 
     the participation in an employee organization of an 
     individual who had such tasks and responsibilities would 
     interfere with Congress' constitutional responsibilities 
     or present a conflict of interest. In the absence of such 
     information and rationale, it will be difficult for the 
     Board to determine whether covered employees in the 
     specified offices should be excluded from enjoying the 
     rights and protections of section 220, except as otherwise 
     required by law or provided under any regulations issued 
     pursuant to section 220(e)(1)(A).
       The Board invites comment on the following specific 
     questions:
       1. What are the constitutional responsibilities of Congress 
     that would require exclusion of employees from coverage under 
     section 220 of the CAA? Similarly, what would constitute a 
     conflict of interest or appearance of conflict that would 
     require exclusion of employees from coverage under section 
     220 of the CAA?
       2. Should determinations as to exclusion from coverage 
     under section 220 be made on an office-wide basis or should 
     they be based on performance of specified duties and 
     functions in the referenced office?
       3. In each individual office referenced in section 
     220(e)(2), what are the particular duties and functions of 
     the specific positions that shall be excluded from coverage? 
     What is the legal basis under the CAA for exclusion?
       4. What exclusions, if any, are required under paragraph 
     220(e)(2)(H)? What are the ``comparable functions'' of any 
     office so identified? What are the bases for exclusion of the 
     specified office or of covered employees in the offices?

     The Board reiterates that, in answering these questions, 
     commentors should provide detailed legal and factual support 
     for their proposals. Generalities and conclusory assertions 
     will not suffice. Detailed information and authorities that 
     address specific duties and functions of employees and 
     offices, in rigorous and complete detail, are necessary to 
     enable the Board to make appropriate determinations pursuant 
     to the CAA's mandate.

                          ____________________