[Congressional Record Volume 142, Number 63 (Wednesday, May 8, 1996)]
[Senate]
[Pages S4872-S4873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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   THE WHITE HOUSE TRAVEL OFFICE EXPENSES AND FEES REIMBURSEMENT ACT

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                        DOLE AMENDMENT NO. 3960

  Mr. DOLE proposed an amendment to amendment No. 3955 proposed by him 
to the bill (H.R. 2937) for the reimbursement of legal expenses and 
related fees incurred by former employees of the White House Travel 
Office with respect to the termination of their employment in that 
Office on May 19, 1993; as follows:

       ``Strike the word ``enactment'' and insert the following:

     enactment.

                        TITLE   --FUEL TAX RATES

     SEC.   . REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES 
                   ENACTED BY THE OMNIBUS BUDGET RECONCILIATION 
                   ACT OF 1993 AND DEDICATED TO GENERAL FUND OF 
                   THE TREASURY.

       (a) In General.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline and diesel 
     fuel) is amended by adding at the end the following new 
     subsection:
       ``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted 
     by the Omnibus Budget Reconciliation Act of 1993 and 
     Dedicated to General Fund of the Treasury.--
       ``(1) In general.--During the applicable period, each rate 
     of tax referred to in paragraph (2) shall be reduced by 4.3 
     cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) subsection (a)(2)(A) (relating to gasoline and diesel 
     fuel),
       ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to 
     aviation fuel),
       ``(C) section 4042(b)(2)(C) (relating to fuel used on 
     inland waterways),
       ``(D) paragraph (1) or (2) of section 4041(a) (relating to 
     diesel fuel and special fuels),
       ``(E) section 4041(c)(2) (relating to gasoline used in 
     noncommercial aviation), and
       ``(F) section 4041(m)(1)(A)(i) (relating to certain 
     methanol or ethanol fuels).
       ``(3) Comparable treatment for compressed natural gas.--No 
     tax shall be imposed by section 4041(a)(3) on any sale or use 
     during the applicable period.
       ``(4) Comparable treatment under certain refund rules.--In 
     the case of fuel on which tax is imposed during the 
     applicable period, each of the rates specified in sections 
     6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A), 
     6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be reduced by 4.3 
     cents per gallon.
       ``(5) Coordination with highway trust fund deposits.--In 
     the case of fuel on which tax is imposed during the 
     applicable period, each of the rates specified in 
     subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall 
     be reduced by 4.3 cents per gallon.
       ``(6) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means the period after the 6th 
     day after the date of the enactment of this subsection and 
     before January 1, 1997.''
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 3. FLOOR STOCK REFUNDS.

       (a) In General.--If--
       (1) before the tax repeal date, tax has been imposed under 
     section 4081 or 4091 of the Internal Revenue Code of 1986 on 
     any liquid, and
       (2) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,

     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this section referred 
     to as the ``taxpayer'') an amount equal to the excess of the 
     tax paid by the taxpayer over the amount of such tax which 
     would be imposed on such liquid had the taxable event 
     occurred on such date.
       (b) Time for Filing Claims.--No credit or refund shall be 
     allowed or made under this section unless--
       (1) claim therefor is filed with the Secretary of the 
     Treasury before the date which is 6 months after the tax 
     repeal date, and
       (2) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the tax repeal date--
       (A) the dealer submits a request for refund or credit to 
     the taxpayer before the date which is 3 months after the tax 
     repeal date, and
       (B) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (c) Exception for Fuel Held in Retail Stocks.--No credit or 
     refund shall be allowed under this section with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (d) Definitions.--For purposes of this section--
       (1) the terms ``dealer'' and ``held by a dealer'' have the 
     respective meanings given to such terms by section 6412 of 
     such Code; except that the term ``dealer'' includes a 
     producer, and
       (2) the term ``tax repeal date'' means the 7th day after 
     the date of the enactment of this Act.
       (e) Certain Rules To Apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this section.

     SEC. 4. FLOOR STOCKS TAX.

       (a) Imposition of Tax.--In the case of any liquid on which 
     tax was imposed under section 4081 or 4091 of the Internal 
     Revenue Code of 1986 before January 1, 1997, and which is 
     held on such date by any person, there is hereby imposed a 
     floor stocks tax of 4.3 cents per gallon.
       (b) Liability for Tax and Method of Payment.--
       (1) Liability for tax.--A person holding a liquid on 
     January 1, 1997, to which the tax imposed by subsection (a) 
     applies shall be liable for such tax.
       (2) Method of payment.--The tax imposed by subsection (a) 
     shall be paid in such manner as the Secretary shall 
     prescribe.
       (3) Time for payment.--The tax imposed by subsection (a) 
     shall be paid on or before June 30, 1997.
       (c) Definitions.--For purposes of this section--
       (1) Held by a person.--A liquid shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made.)
       (2) Gasoline and diesel fuel.--The terms ``gasoline'' and 
     ``diesel fuel'' have the respective meanings given such terms 
     by section 4083 of such Code.
       (3) Aviation fuel.--The term ``aviation fuel'' has the 
     meaning given such term by section 4093 of such Code.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or his delegate.
       (d) Exception for Exempt Uses.--The tax imposed by 
     subsection (a) shall not apply to gasoline, diesel fuel, or 
     aviation fuel held by any person exclusively for any use to 
     the extent a credit or refund of the tax imposed by section 
     4081 or 4091 of such Code is allowable for such use.
       (e) Exception for Fuel Held in Vehicle Tank.--No tax shall 
     be imposed by subsection (a) on gasoline or diesel fuel held 
     in the tank of a motor vehicle or motorboat.
       (f) Exception for Certain Amounts of Fuel.--
       (1) In general.--No tax shall be imposed by subsection 
     (a)--
       (A) on gasoline held on January 1, 1997, by any person if 
     the aggregate amount of gasoline held by such person on such 
     date does not exceed 4,000 gallons, and
       (B) on diesel fuel or aviation fuel held on such date by 
     any person if the aggregate amount of diesel fuel or aviation 
     fuel held by such person on such date does not exceed 2,000 
     gallons.

     The preceding sentence shall apply only if such person 
     submits to the Secretary (at the time and in the manner 
     required by the Secretary) such information as the Secretary 
     shall require for purposes of this paragraph.
       (2) Exempt fuel.--For purposes of paragraph (1), there 
     shall not be taken into account fuel held by any person which 
     is exempt from the tax imposed by subsection (a) by reason of 
     subsection (d) or (e).
       (3) Controlled groups.--For purposes of this subsection--
       (A) Corporations.--
       (i) In general.--All persons treated as a controlled group 
     shall be treated as 1 person.
       (ii) Controlled group.--The term ``controlled group'' has 
     the meaning given to such term by subsection (a) of section 
     1563 of such Code; except that for such purposes the phrase 
     ``more than 50 percent'' shall be substituted for the phrase 
     ``at least 80 percent'' each place it appears in such 
     subsection.
       (B) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of subparagraph (A) shall apply to a group 
     of persons under common control where 1 or more of such 
     persons is not a corporation.
       (g) Other Law Applicable.--All provisions of law, including 
     penalties, applicable with respect to the taxes imposed by 
     section 4081 of such Code in the case of gasoline and diesel 
     fuel and section 4091 of such Code in the case of aviation 
     fuel shall, insofar as applicable and not inconsistent with 
     the provisions of this subsection, apply with respect to the 
     floor stock taxes imposed by subsection (a) to the same 
     extent as if such taxes were imposed by such section 4081 or 
     4091.

     SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO 
                   CONSUMERS.

       (a) Passthrough to Consumers.--

[[Page S4873]]

       (1) Sense of Congress.--It is the sense of Congress that--
       (a) consumers immediately receive the benefit of the repeal 
     of the 4.3-cent increase in the transportation motor fuels 
     excise tax rates enacted by the Omnibus Budget Reconciliation 
     Act of 1993, and
       (B) transportation motor fuels producers and other dealers 
     take such actions as necessary to reduce transportation motor 
     fuels prices to reflect the repeal of such tax increase, 
     including immediate credits to consumers accounts 
     representing tax refunds allowed as credits against excise 
     tax deposit payments under the floor stocks refund provisions 
     of this Act.
       (2) Study.--
       (A) In general.--The Secretary of Energy, in consultation 
     with the Attorney General of the United States and the 
     Secretary of the Treasury, shall conduct a study of fuel 
     prices during June, July, and August of 1996 to determine 
     whether there has been a passthrough of the repeal of the 
     4.3-cent increase in the fuel tax imposed by the Omnibus 
     Budget Reconciliation of 1993.
       (B) Report.--Not later than September 30, 1996, the 
     Secretary of Energy shall report to the Committee on Finance 
     of the Senate and the Committee on Ways and Means of the 
     House of Representatives the results of the study conducted 
     under subparagraph (A).


                            spectrum auction

     SEC.  .SPECTRUM AUCTIONS.

       (a) Commission Obligation To Make Additional Spectrum 
     Available by Auction.--
       (1) In general.--The Federal Communications Commission 
     shall complete all actions necessary to permit the 
     assignment, by March 31, 1998, by competitive bidding 
     pursuant to section 309(j) of the Communications Act of 1934 
     (47 U.S.C. 309(j)) of licenses for the use of bands of 
     frequencies that--
       (A) individually span not less than 12.5 megahertz, unless 
     a combination of smaller bands can, notwithstanding the 
     provisions of paragraph (7) of such section, reasonably be 
     expected to produce greater receipts;
       (B) in the aggregate span not less than 25 megahertz;
       (C) are located below 3 gigahertz; and
       (D) have not, as of the date of enactment of this Act--
       (i) been assigned or designated by Commission regulation 
     for assignment pursuant to such section;
       (ii) been identified by the Secretary of Commerce pursuant 
     to section 113 of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 923); 
     or
       (iii) reserved for Federal Government use pursuant to 
     section 305 of the Communications Act of 1934 (47 U.S.C. 
     305).
       (2) Criteria for reassignment.--In making available bands 
     of frequencies for competitive bidding pursuant to paragraph 
     (1), the Commission shall--
       (A) seek to promote the most efficient use of the spectrum;
       (B) take into account the cost to incumbent licensees of 
     relocating existing uses to other bands of frequencies or 
     other means of communication;
       (C) take into account the needs of public safety radio 
     services;
       (D) comply with the requirements of international 
     agreements concerning spectrum allocations; and
       (E) take into account the costs to satellite service 
     providers that could result from multiple auctions of like 
     spectrum internationally for global satellite systems.
       (b) Federal Communications Commission May Not Treat This 
     Section as Congressional Action for Certain Purposes.--The 
     Federal Communication Commission may not treat the enactment 
     of this Act or the inclusion of this section in this Act as 
     an expression of the intent of Congress with respect to the 
     award of initial licenses of construction permits for 
     Advanced Television Services, as described by the Commission 
     in its letter of February 1, 1996, to the Chairman of the 
     Senate Committee on Commerce, Science, and Transportation.

     SEC.  . AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF 
                   ADMINISTRATION OF THE DEPARTMENT OF ENERGY.

       Section 660 of the Department of Energy Organization Act 
     (42 U.S.C. 7270) is amended--
       (1) by inserting ``(a) In General.--'' Before 
     ``Appropriations''; and
       (2) by adding at the end the following:
       ``(b) Fiscal Years 1997 Through 2002.--There are authorized 
     to be appropriated for salaries and expenses of the 
     Department of Energy for departmental administration and 
     other activities in carrying out the purposes of this Act--
       ``(1) $104,000,000 for fiscal year 1997;
       ``(2) $104,000,000 for fiscal year 1998;
       ``(3) $100,000,000 for fiscal year 1999;
       ``(4) $90,000,000 for fiscal year 2000;
       ``(5) $90,000,000 for fiscal year 2001; and
       ``(6) $90,000,000 for fiscal year 2002.''.

                   TITLE  --TEAMWORK AND MINIMUM WAGE

     SEC.  01. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the escalating demands of global competition have 
     compelled an increasing number of American employers to make 
     dramatic changes in workplace and employer-employee 
     relationships;
       (2) these changes involve an enhanced role for the employee 
     in workplace decisionmaking, often referred to as ``employee 
     involvement'', which has taken many forms, including self-
     managed work teams, quality-of-worklife, quality circles, and 
     joint labor-management committees;
       (3) employee involvement structures, which operate 
     successfully in both unionized and non-unionized settings, 
     have been established by over 80 percent of the largest 
     employers of the United States and exist in an estimated 
     30,000 workplaces;
       (4) in addition to enhancing the productivity and 
     competitiveness of American businesses, employee involvement 
     structures have had a positive impact on the lives of those 
     employees, better enabling them to reach their potential in 
     their working lives;
       (5) recognizing that foreign competitors have successfully 
     utilized employee involvement techniques, Congress has 
     consistently joined business, labor and academic leaders in 
     encouraging and recognizing successful employee involvement 
     structures in the workplace through such incentives as the 
     Malcolm Baldrige National Quality Award;
       (6) employers who have instituted legitimate employee 
     involvement structures have not done so to interfere with the 
     collective bargaining rights guaranteed by the labor laws, as 
     was the case in the 1930s when employers established 
     deceptive sham ``company unions'' to avoid unionization; and
       (7) employee involvement is currently threatened by 
     interpretations of the prohibition against employer-dominated 
     ``company unions''.
       (b) Purposes.--It is the purpose of this Act to--
       (1) protect legitimate employee involvement structures 
     against governmental interference;
       (2) preserve existing protections against deceptive, 
     coercive employer practices; and
       (3) permit legitimate employee involvement structures where 
     workers may discuss issues involving terms and conditions of 
     employment, to continue to evolve and proliferate.

     SEC.   02. AMENDMENT TO SECTION 8(a)(2) OF THE NATIONAL LABOR 
                   RELATIONS ACT.

       Section 8(a)(2) of the National Labor Relations Act (29 
     U.S.C. 158(a)(2)) is amended by adding at the end thereof the 
     following: ``Provided further, That it shall not constitute 
     or be evidence of an unfair labor practice under this 
     paragraph for an employer to establish, assist, maintain or 
     participate in any organization or entity of any kind, in 
     which employees participate to address matters of mutual 
     interest (including issues of quality, productivity and 
     efficiency) and which does not have, claim or seek authority 
     to negotiate or enter into collective bargaining agreements 
     under this Act with the employer or to amend existing 
     collective bargaining agreements between the employer and any 
     labor organization;''.

     SEC.   03. CONSTRUCTION CLAUSE LIMITING EFFECT OF ACT.

       Nothing in the amendment made by section 3 shall be 
     construed as affecting employee rights and responsibilities 
     under the National Labor Relations Act other than those 
     contained in section 8(a)(2) of such Act.

     SEC.   04. INCREASE IN THE MINIMUM WAGE RATE.

       Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) is amended to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than $4.25 an hour during the period ending July 3, 
     1996, not less than $4.70 an hour during the year beginning 
     July 4, 1996, and not less than $5.15 an hour after July 3, 
     1997;''.

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